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Overcriminalization

Individuals who commit crimes such as murder, rape, robbery, fraud, or assault should be punished to the full extent of the law.  But what of the honest citizen who unintentionally breaks a statute he didn’t even realize existed?

Increasingly, regulatory agencies are applying criminal penalties to infractions of measures many people and businesses didn’t even realize existed.  Paul Larkin of the Heritage foundation has criticized this practice, known as “overcriminalization.” It’s a particular problem with overbearing federal agencies.

Larkin provides several examples:

“Abner Schoenwetter, for example, spent six years in a federal prison for importing Honduran lobsters that were packed in plastic—as opposed to cardboard—boxes and for supposedly violating a Honduran regulation (later declared invalid by the Honduran Attorney General) that made his lobsters marginally too small.

Diagnosis It can be tough to diagnose this disease due to pollution, high stress, and masturbation in small age. visit for more levitra on line It was only after cheapest viagra tabs a number of other reasons is why so many people use Canadian drug stores. Buying from us is secure and convenient bulk cialis as we provide a secure mode of payment and ensures safe shopping experience. Using erectile dysfunction (ED) drugs for six viagra generic cialis months should not lead to vision loss. “The federal government pursued a criminal investigation of the Gibson Guitar Company for importing wood for guitar frets that allegedly was exported illegally from India and Madagascar in violation of those nations’ laws—which, in the case of Madagascar, were not even written in English. In other words, the federal government claimed that Gibson Guitar was guilty of a federal crime in this country because it did not know the law of a foreign nation.

“Lawrence Lewis, a building engineer, wound up charged with a felony and pleaded guilty to a misdemeanor for following the procedure he had been instructed to use to clean up toilet overflows at a military retirement home that, totally unbeknownst to him, wound up shunting the refuse into the Potomac River.”

According to the Heritage study, “The increasing use of criminal laws as regulatory penalties amplifies the risk that people, especially those who own or manage small businesses, may be deterred from pursuing legitimate activities due to the fear that they could commit a crime by unwittingly crossing one of the many obscure lines drawn by statutes, regulations, and ordinances.”

As the federal bureaucracy grows increasingly large and increasingly intrusive in our daily affairs, the risk of incurring criminal penalties for activities that seem completely innocent grows ever greater. This is an issue which requires immediate attention in Washington.

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White House seen as tilting away from Israel

The announcement this month that Washington would work with and provide financial assistance for the new Palestinian government, comprised of Fatah and Hamas, a terrorist organization, has sparked extraordinary criticism both from the Israeli government as well as Americans concerned over a further incidence of the White House providing assistance to a terrorist organization.

As was seen in the release of the Taliban 5 and the purported gun running to Syrian rebel groups allied with Islamist organizations from the Benghazi facility in 2012, U.S. assistance will again be rendered to those associated with terrorism in violation of American law.

Along with establishing new relationships with Islamist organizations throughout the world, American relations with Israel continue to deteriorate, and many believe it has yet to reach its nadir. Israel national news  recently editorialized that “…eventually (probably after the 2014 congressional elections), you can expect the Obama administration’s rhetoric and actions against Israel to become increasingly hostile.”

The publication points to statements and positions taken by key White House appointees viewed as being significantly anti-Israel:

Defense Secretary Chuck Hagel was one of just four senators who refused to sign a Senate letter in support of the Jewish nation. He has steadfastly opposed unilateral sanctions against Iran to deter the progress of its nuclear weapons program, which most believe is aimed at Israel.

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Obama’s representative to the United Nations, Samantha Powers, once called for an American intervention to halt what she referred to as Israeli “genocide.”

Secretary of State John Kerry has repeatedly blamed Israel for the lack of progress in the region.

While cutting aid to Israel by 5%, the President has increased aid to Syrian rebels and previously sent weapons to Egypt while it was controlled by Islamists.

Israel has legitimate cause for concern.

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Jobs outlook remains bleak

Once again, what appears to be good news from the Bureau of Labor Statistics (BLS) does not hold up under scrutiny.

According to the BLS, “Total nonfarm payroll employment rose by 217,000 in May, and the unemployment rate held at 6.3 percent. Employment increased in professional and business services, health care and social assistance, food services, and transportation and warehousing.” Much has been made of the fact that the number of jobs now equals that which existed before the recession hit.  A more thorough examination reveals a sharply different picture.

An analysis by Rep. David Camp, notes that “seven out of eight new employees under President Obama have been part-time employees.”

The Economic Policy Institute ntes that “young college graduates face an unemployment rate of 8.5%, compared with 5.5% in 2007, and an underemployment rate of 16.8%, compared with 9.6% in 2007.” Many of those grads who are working are in positions that don’t require degrees.
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2013 saw a record high number of U.S. workers on disability. The number of long-term unemployed continues to be an unresolved crisis. These displaced workers count for 37.7% of all unemployed.

The labor force participation rate continues to drop precipitously. In the past year alone, it has dwindled from 63.4% to 62.8%, a 36 year low.

The replacement of quality, career-level positions with part-time jobs may appear statistically equal, but the reality is far different.  Statistics which ignore the labor force participation rate and the quality of positions available are not an effective barometer of the true employment outlook.

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Highway Trust Fund Abuse

The U.S. Department of Transportation estimates that the Highway Trust Fund “Will encounter a shortfall before the end of fiscal 2014.” That’s certainly bad news for America’s crumbling roads,  and wholly unnecessary.

It’s certainly not due to an overall lack of federal revenue.  According to the Congressional Budget Office, (CBO) federal revenues are expected to grow by about 9 percent this year, to $3.0 trillion. Taxes going directly into the Highway Trust Fund are substantial. Where is the money going?

Stimulus money that could have remedied many deficiencies was instead routed to failed “green” projects like Solyndra, mass transit, tourist enterprises, and political allies of the White House. According to an Economist  report, “a relatively small share of the bill was actually devoted to infrastructure. Just $64 billion, or 8% of the total, went to roads, public transport, rail, bridges, aviation and wastewater systems…”
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According to a CATO Institute study  “more than 20 percent of federal gas taxes [which are supposed to go to highways] are spent on transit, and there is no guarantee that the remaining 80 percent goes for highways, as Congress often diverts some of that money to such things as bike paths, national park visitor centers, museums, and other local pork barrel projects.” The study also notes that “federal subsidies to [mass] transit are about 80 times as great, per passenger mile, as federal subsidies to highways.”

America’s roads and bridges are in urgent need of repair.  The time has come to stop politicizing the use of the Highway Trust funds and apply its dollars appropriately.

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Cantor’s Loss

The professional politicians, pollsters and pundits are all professing shock at House Majority Leader Eric Cantor’s loss to political novice David Brat.  Cantor becomes the first House Majority Leader to lose a primary for re-election.

Brat, variously described as a Tea Party advocate or a conservative, ran a relatively modest campaign.

They shouldn’t be so surprised. There is a general perception among Republicans that the nation is in an increasingly disastrous condition, due to inept White House policies. Despite that, the Republican leadership has not been as aggressive as would be expected.

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That Republican leadership is playing a no-win scenario.  Rather than vigorously confront the Obama Administration, they have carefully couched their opposition with one eye on the media.  That media, however, remains favorably inclined towards the White House, and no amount of appeasement will ever win their favor.

That is a fact that the Republican rank and file perceive even if their leaders do not. It is part of a larger national problem. Many Democrats have expressed concern over the hard-left radical path that their Party leadership has taken.  The difference, of course, is that Democrats have at least captured the White House.

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The Warthog’s Demise

At first, it seems like just another victim of the budget ax and to some extent it is: the A-10 Warthog, an aircraft built like a flying tank, soon be grounded due to lack of funds.

But there is, of course, something more to the story. The Warthog is an orphan.  It belongs to the Air Force, but its primary mission is one that belongs to the Army, the destruction of enemy armor.  No glorious air to air combat, top gun-style.  No dramatic high altitude bombing, no globe-traversing long range flights, with all the strangelovian romance that entails.

It is a GI’s best friend, one that protects him from the king of the battlefield, the tank. It’s a practical weapon, one that has proven its worth over and over again.  But it doesn’t titillate the high-tech crowd, doesn’t falsely claim to be a wonder weapon, it just does its job, protecting our men and woman in uniform, and it does this superbly well.

Simply get a solution acceptable for both of You If you have children, it becomes even more important for both of you to discount cialis 20mg schedule an appointment with an expert chiropractor Vista CA has to offer. There can be many other possible causes of ED in men, Ajanta pharma decided to manufacture in the medicine in different forms of consumption. levitra cheapest Strangely, not only renal problems but sexual problems getting viagra like erectile dysfunction are also a great taboo in society. Today, mental health clinics and their physicians, counselors, registered therapists, pastors and psychologists are able enough to handle the worst depressive disorders, bi-polar disorders and other related matters. djpaulkom.tv viagra tablets price Its role is not, by any stretch of the imagination, obsolete. Indeed, it may well be needed now more than ever.  As the NEW YORK ANALYSIS OF POLICY & GOVERNMENT reported earlier, the last American tanks have been withdrawn from Europe.  The White House is also seeking to close down the very last factory that manufactures tanks, to make the job complete. For the United States to continue its NATO obligation to defend against the increasingly likely possibility of further Russian aggression, the A-10 would be the best solution to provide a credible deterrence.

The Warthog is a practical plane in an impractical era, a time when posing with a cardboard cutout of a tweet takes the place of actually doing something. We live in an age were reality is an inconvenience to those making decisions, because reality doesn’t conform to their worldview.

The urgently needed A-10 Warthog is more than a single weapon system.  It is a symbol of a America’s commitment to the defense of itself and its allies.  It’s untimely demise speaks volumes about our nation’s uncertain future.

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An imaginary foreign Policy

We appear to have entered a bizarre era when the reality of foreign threats is ignored by our elected leadership, when making sure the military uses environmentally-friendly material is more important than insuring that it performs its primary function of discouraging likely opponents from initiating an assault on us or our allies.

We live in an age were reality is an inconvenience to those making decisions, because reality doesn’t conform to their worldview.

It’s so much easier to simply make a speech, perhaps voice a threat, or even draw a red line, rather than actually make the difficult decision to do what is necessary.

A terrorist shoots up an army base?  That’s not real.  It’s just workplace violence. Ignore it. The Chinese attack their neighbors at sea? Don’t worry.  They are just proclaiming their new status.  Moscow builds their military to unprecedented levels of strength? No problem! The Cold War is over, isn’t it?  Iran is building a bomb and loudly announces that Israel should be turned to ash.  It’s just bluster. Move on, nothing to see here.

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It’s not just in the realm of foreign affairs that reality has become an inconvenience. The proposal to enact measures encouraging the closure of many power plants before substitutes can be built ignores that fact that “green” energy won’t be able to replace the lost electricity within several generations, if ever.  But never mind.

And who needs all that investment in high technology, particularly in the manned space program, when you can go to the latest 3-D science fiction thriller that’s so well filmed it seems like you’re actually in space!  Think of all that money the government can save and turn over to the food stamp program.

And why bother paying attention to the dwindling strength of the U.S. economy as Washington enacts more and more regulations that chase jobs overseas. After all, government programs can provide for all those unemployed.  And if the only jobs that are left are in fast food joints, the minimum wage can be increased so the workers can have a better income.  That may cause many eateries to close, but so what? At least the right thing was done, and the politicians and the unions can all feel better about that.

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Brazil’s nuclear sub

According to a report in the military affairs news source Spacewar Brazil is developing its first nuclear submarine.

On the other side of the planet, Japan is considering abandoning its “peace” constitution due to the increasing threat from China. In Europe, previously unaligned Sweden is rebuilding its armed forces.  India is also developing powerful advanced weapons.  In the Middle East, there is concern that a nuclear arms race will develop in the wake of the weakening of sanctions against Iran.

Many nations that have extensive civilian needs are diverting scarce resources towards armaments.  This didn’t happen in a vacuum.  It is a clear reflection of the diminished presence, power, and will of the United States and NATO.

Trapped in a time warp of wishful thinking, American and European governments continue to conduct their foreign affairs and military spending as though history had ended when the Soviet Union collapsed. The resurgence of Moscow, the rise of China, the proliferation of advanced atomic capabilities in nations with antagonistic governments such as those in Tehran and Pyongyang appear to have escaped the concern of Washington and its European counterparts.
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Western leaders apparently have adopted a firm belief in the potential of diplomacy unsupported by armed strength when dealing with aggressive powers, a concept that is unsubstantiated by any current or historical evidence.  This has replaced a candid acceptance of the facts as they truly exist.

As a result, other nations, no longer protected by the great Western powers, have scrambled to devise their own deterrent.  That is not necessarily inappropriate; nations should be their own first line of defense.  But in the face of the growing alliance between Russia, China, North Korea and Iran, those smaller nations will not stand a chance of success in any conflict or threat of conflict.

That fact encourages aggression, and will lead to increasingly widespread warfare.

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70th Anniversary of D-Day

Today is the 70th anniversary of the allied invasion at Normandy, generally known as D-Day. It marked the start of the final chapter of Nazi control over Europe.

World War II’s two-front conflict mirrors the threats faced today by the United States.  A resurgent Russia openly seeks to win back the Soviet Empire in Europe, and China has moved aggressively against its neighbors. But it took the devastation of Pearl Harbor before Washington confronted the growing peril facing it from Germany and Japan. Fortunately, in an era before jets and missiles, and at a time when American industry was vast and powerful, the nation was able to recover and fight on to victory.

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Today we pause to remember the sacrifices of those heroes who stormed the beaches of Normandy in 1944.  The best way to honor them would be to rebuild America’s defenses to appoint where they are so strong that no enemy would dare attack.  Unfortunately, it appears that is not being done.

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Senate Moves to Limit First Amendment

One of the most fierce and important conflicts has been ongoing this week in the U.S. Senate, as Majority Leader Harry Reid (D-Nevada)  emphasizes a move to alter the First Amendment.

As previously reported in the New York Analysis of Policy & Government, two Democrat senators, Tom Udall (D-New Mexico) and Charles Schumer (D-New York), proposed a measure that would limit free speech protections as they pertain to campaign donations. The proposed legislation has gained 43 Senate supporters—all Democrats.

At a Senate Rules Committee hearing earlier this year, Schumer stated that “”The First Amendment is sacred, but the First Amendment is not absolute. By making it absolute, you make it less sacred to most Americans.”

The push comes in the wake of recent U.S. Supreme Court decisions in the McCutheon http://www.scotusblog.com/case-files/cases/mccutcheon-v-federal-election-commission/  and Citizens United http://www.scotusblog.com/case-files/cases/citizens-united-v-federal-election-commission/  cases which struck down restrictions on First Amendment rights in campaign donations. Democrats point to monies from the Koch brothers; Republicans counter with the extraordinary amounts provided by George Soros, and a host of Hollywood and Wall Street sources.
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Democrats, closely linked to the increasingly troubled White House, are deeply concerned that Republicans will attract substantially more contributions in the upcoming election.

Reid’s move should be seen in light of other questionable attempts to reinterpret the First Amendment. Previously, the White House sought to have federal “monitors” review the work of talk radio and internet news sites, both seen as tilted towards the GOP. The President’s move to allow international control of the internet has also been seen as a threat to free speech in that medium.

A recent report in the Washington Free Beacon http://freebeacon.com/politics/obama-thought-he-could-amend-constitution-in-second-term/ author Ken Vogel noted that President Obama, in an address to wealthy donors in 2012, asserted that he would be “in a very strong position” to amend the Constitution regarding campaign laws during his second term.