GOVEROTRAGEOUS: Fifth Amendment violation by “permits

Thursday, October 18, 2012

http://www.wnd.com/2012/10/landowner-stands-ground-against-government-shake-down/?cat_orig=politics

WND EXCLUSIVE
Landowner stands ground against government ‘shake-down’
Supremes agree to decide how much regulators can require
Published: 13 October 2012
by Bob Unru

*** begin quote ***

“But regulators saw a chance to pounce and make all kinds of costly, unrelated, outrageous demands,” he said. “Without any justification, the government demanded money, labor and resources as the price for allowing the Koontzes to use their own land.

“This was a flat-out shakedown, a form of extortion,” he said.

Family members had tried for years to develop the land, but the local St. Johns River Water Management District would not issue the necessary permits, “because Koontz would not agree to costly and unjustified conditions that the district imposed.”

“Specifically, the district demanded that Koontz dedicate his money and labor to make improvements to 50 acres of district-owned property located miles away from the proposed project,” the legal team explained.

“In other words, what we have here is a classic case of an unconstitutional shakedown. The U.S. Supreme Supreme Court has ruled that the government violates property rights – it commits a ‘taking‘ in violation of the Fifth Amendment – if it tries to use the permitting process to extract conditions that aren’t related to the impact of the proposed development.”

*** end quote ***

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“But regulators saw a chance to pounce and make all kinds of costly, unrelated, outrageous demands,” he said. “Without any justification, the government demanded money, labor and resources as the price for allowing the Koontzes to use their own land.
“This was a flat-out shakedown, a form of extortion,” he said.
Family members had tried for years to develop the land, but the local St. Johns River Water Management District would not issue the necessary permits, “because Koontz would not agree to costly and unjustified conditions that the district imposed.”
“Specifically, the district demanded that Koontz dedicate his money and labor to make improvements to 50 acres of district-owned property located miles away from the proposed project,” the legal team explained.
“In other words, what we have here is a classic case of an unconstitutional shakedown. The U.S. Supreme Supreme Court has ruled that the government violates property rights – it commits a ‘taking ‘ in violation of the Fifth Amendment – if it tries to use the permitting process to extract conditions that aren’t related to the impact of the proposed development.”


POLITICAL: Media Bias a la Candy Crowley

Wednesday, October 17, 2012

http://newsbusters.org/blogs/noel-sheppard/2012/10/16/joe-trippi-crowleys-interruption-libya-looked-ref-just-threw-flag#ixzz29WUs0xt6

Joe Trippi: Crowley ‘Correcting’ Romney on Libya Looked Like ‘The Ref Just Threw the Flag’

By Noel Sheppard | October 16, 2012 | 23:20

*** begin quote ***

Conceivably the biggest moment in Tuesday’s presidential debate was when moderator Candy Crowley injected herself into the discussion siding with Barack Obama on remarks he claimed he made in the Rose Garden following the attack on our consulate in Benghazi, Libya.

*** end quote ***

Against my better judgment, I watch the second debate because the Yankees were hopeless.

As all the “conservative” pundits predicted, Ms. Crowley couldn’t help but pile in on her “team’s side”.

I thought that wasn’t permitted by the rules of engagement?

And, what’s more she was WRONG!

Liberal bias!

Took the UN Ambassador on the TV circuit with a misleading at best story. Took the White House a week to walk it back and only after that DoI guy told to the truth to Congress. (You could almost hear the conversation right out of that Jack Ryan movie. “I ain’t going to jail. I’m the guy who always goes to jail.”) And BHO44 didn’t concede it until he was on the View.

Argh!

I can make some small allowance that perhaps it MIGHT be in the nation’s strategic interest to keep stuff quiet.

(For example, if I was Prez, I would not have illed Bin Laden. He’d be in an undisclosed location with some nasty folks asking tough questions. And, even when presented with the downed helicopter, I’d lie to the TV and say ‘wasn’t us’. Stragteically. I also threaten anyone who did toe the party like with an assignment to be Presidential liaison with the Base Commander in Sitka Alaska. And, call the commander and have him in a cube at the end of the longest runway counting seagulls for his daily report.)

But in this case, I think this was al about CYA for the BHO44 reelection and nothing else.

Can “We, The Sheeple” see through the media bias and recognized a failed foreign policy?

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MONEY: Commodities tell us that the politicians are lying. (What’s news there?)

Wednesday, October 17, 2012

http://www4.thedailybell.com/28133/Peter-Schiff-Riding-Into-the-Sunset-or-a-Brick-Wall

Riding Into the Sunset or a Brick Wall?
Tuesday, October 09, 2012 – by Peter Schiff

*** begin quote ***

If everyone starts to carry rolls of cash everywhere, it’s not a big leap to carry coins. A silver coin the size of a dime is currently worth about $3.50. Two could buy you lunch.

*** end quote ***

As someone, who remembers 29 cent per gallon gas — with a glass, trading stamps, and a guy to wipe the window, it’s not a far stretch to imagine a country using gold and silver coins as money.

Paper should be bank warehouse receipts. No fractional reserve banking should be permitted.

We shouldn’t let the elite effete political class define money. Money should be a weight of something. The free market will assign it a value.

In the debate Ron Paul gave a classic line about “in the Sixties, three silver dimes would buy a gallon of gas and those same three silver dimes would buy more gas now”. Still true. Even in California.

Now if you are reading this, just ask yourself: “What’s changed?”

Three silver dimes = gallon of gas in 1960’s = more than a gallon of gas in 2012.

Yet, gas is now over $3 per gallon. 5 in California.

What’s changed?

Could it be that the value of the dollar has changed? Not the value of silver or gasoline?

What’s the yardstick?

This makes the case that gasoline is actually CHEAPER now.

Argh!

And, the politicians tell us there is no inflation!

No wonder the oil sheiks are screaming like stuck pigs. They are getting robbed like the rest of us.

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POLITICAL: SO the “debates” are scripted?

Tuesday, October 16, 2012

http://thepage.time.com/2012/10/14/moderator-role-under-scrutiny-before-the-debate/

Moderator Role Under Scrutiny — Before the Debate
By Mark Halperin | October 14, 2012

*** begin quote ***

In an unusual departure from the normal hostility that exists between the Obama and Romney campaigns, both parties wholeheartedly agreed with the Commission that they wished to avoid a repeat of what occurred four years ago. In 2008, NBC News’ Tom Brokaw moderated the town hall session between Obama and Republican nominee John McCain, and the two campaigns and the organizers felt that Brokaw redirected the topics too severely from the audience queries and asked too many of his own questions, limiting the number of citizens who got a chance at the microphone. Appearing on NBC News “Meet the Press” on Sunday, Brokaw said, “[I]t’s tricky for the moderator. I said that Candy Crowley ought to get combat gear after I went through that four years ago.” Brokaw told TIME, “I am satisfied citizens in the hall and online got a fair hearing.” Brokaw also said that while there was some press criticism of the job he did, he heard no complaints directly from the campaigns and a Commission official praised the debate to him as “good television.”

*** end quote ***

George Orwell must be rolling over.

Talk about propaganda.

Very carefully agreed as to what the people will see.

Argh!

Wake up, Sheeple. 

Lambs to the slaughter!

Another “reality” show.

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INTERESTING: Big deal!

Tuesday, October 16, 2012

amazon.com

Dear Kindle Customer,

We have good news. You are entitled to a credit for some of your past e-book purchases as a result of legal settlements between several major e-book publishers and the Attorneys General of most U.S. states and territories, including yours. You do not need to do anything to receive this credit. We will contact you when the credit is applied to your Amazon.com account if the Court approves the settlements in February 2013.

Hachette, Harper Collins, and Simon & Schuster have settled an antitrust lawsuit about e-book prices. Under the proposed settlements, the publishers will provide funds for a credit that will be applied directly to your Amazon.com account. If the Court approves the settlements, the account credit will appear automatically and can be used to purchase Kindle books or print books. While we will not know the amount of your credit until the Court approves the settlements, the Attorneys General estimate that it will range from $0.30 to $1.32 for every eligible Kindle book that you purchased between April 2010 and May 2012. Alternatively, you may request a check in the amount of your credit by following the instructions included in the formal notice of the settlements, set forth below. You can learn more about the settlements here:
http://www.amazon.com/help/agencyebooksettlements

In addition to the account credit, the settlements impose limitations on the publishers’ ability to set e-book prices. We think these settlements are a big win for customers and look forward to lowering prices on more Kindle books in the future.

Thank you for being a Kindle customer.

The Amazon Kindle Team

==========================================================

(c) 2012 Amazon.com, Inc. or its affiliates. All rights reserved.
Amazon.com, 410 Terry Avenue N., Seattle, WA 98109-5210.

Reference: 26267370

Please note that this message was sent to the following e-mail address: reinkefj

==========================================================

Benefits from an Attorney General E-books Settlement Fund

Para una notificación en Español, llamar o visitar nuestro website.

Records indicate that you are eligible for a payment from Settlements reached by the State Attorneys General with E-book publishers Hachette, HarperCollins, and Simon & Schuster. The Settlements resolve an antitrust lawsuit about the price of electronic books (“E-books”). Amazon.com has not been sued in this case. It is providing this notice as a service to its customers.

What the Settlements Provide

The Settlements create a $69 million fund for payments to consumers who purchased qualifying E-books from April 1, 2010 through May 21, 2012. If the Court approves the Settlements, eligible consumers like you will receive automatic credits to your E-reader accounts. The credit can be used on any purchases of E-books or print books. The amount of your payment has been determined based on the qualifying E-book purchases identified by Amazon.com in your E-reader account.

How to Receive your Benefit

Because you are pre-qualified, you do not need to do anything to receive your credit. It will be applied to your account by Amazon.com automatically, and you will receive another email letting you know when it’s available. (If you bought E-books from more than one retailer, you may receive notices with different instructions about whether you will receive a credit or need to file a Claim Form for that retailer. You will have a separate claim for each retailer and you should follow the specific instructions from each one.)

You also have the option to receive a check instead of your credit. You can request a check by calling 1-866-621-4153, or going to the Settlement website listed below, and clicking on the Check Request Option link. Be sure to reference the Settlement ID number found at the bottom of this email. The Settlement website is: http://www.EBookAGSettlements.com

Your Other Rights

You can choose to exclude yourself from the Settlements and keep your right to sue on your own. If you exclude yourself, you can’t receive any benefits from the Settlements. If you don’t exclude yourself, you can submit objections about the Settlements.

Your written Exclusion Form or objections must be postmarked by December 12, 2012. Please visit the Settlement website for detailed information on how to submit a valid Exclusion Form or objection.

A separate lawsuit against two other publishers and Apple, Inc. continues and is set for a trial in 2013. Your rights in the separate suit are not affected by any action you take in regards to these Settlements.

The Court will hold a hearing on February 8, 2013, at 10:00 a.m. to consider whether to approve the Settlements. You or your own lawyer may ask to appear and speak at the hearing.

For more detailed information:
Call 1-866-621-4153 or visit http://www.EBookAGSettlements.com
Settlement ID Number: AMG2zmVrr6F3fT6eRm

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How much did the lawyers get? Argh! What’s wrong with this picture.

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INTERESTING: Was Jeter’s stumble caused by being tired?

Monday, October 15, 2012

I posted on FACEBOOK Sunday in the wee hours:

“Argh! It’s 0109. I “invested” hours in the <Expletive Deleted> Yankees and they lose in extra innings. I want my time back. And, Jeter looked like he broke his ankle. Not a good omen. To bad Alex didn’t have that happen to him a week ago. Sigh.”

and then later that same morning in human being hours:

“Heard this morning that “doctor” Reinke, medical training courtesy of doctor Phil’s tv program, and 14 years on the first aid squad, got my “snap” diagnosis sadly correct. Do you think too many extra inning games and travel made him “tired”? Accidents happier when you’re tired. Now we will see if this Yankee’s team has “character”? ARod has to snap out of the slump for them to win. Maybe they are all just “tired”. They are all “old” in baseball terms. Tigers may have just gotten a big “break”. We’ll see!”

(REMINDER: Remember the sources of my education: I’m just a fat old white guy injineer with: Law “degree” from watching Judge Judy; Medical “degree” from watching Doctor Phil; Building “degree” from watching “Holmes on Homes”; Investing “degree” from reading about Bernie Made-off; and creating caring human relationships from studying the movie roles of Gunny Ronald Lee Ermey!)

Upon reflection, it seemed obvious to me that he’d broke it. I thought that when I saw it in real time. He was carried off the field in pain. Having broken bones, I know what that feels like. And, I’ve seen race horses fall. You can just tell. A break just seems to happen differently.

The interesting part is what role does fatigue play in all this?

Alex’s slump, Derek’s stumble, Granderson’s near miss home runs, other players not up to par, just missing the spot.

While these guys are all athletes in fine shape. Maybe a little old. Long in the tooth. But … you have to question the schedule without proper time to rest. 

Is everyone being cheated by an arbitrary schedule?

Do they need more off days and travel days to accommodate peak performance?

I know when I’m tired, I get silly, clumsy, and (more) stupid. (Some of my late night blog post can show that!)

So did a “tired” Derek just demonstrate his humanity?

No one could ever accuse him of not playing hard. But maybe Joe needed to recognize the physical shape of his troops. Maybe he’s tired too?

We’ll never know, but ‘doctor’ Reinke thinks that’s the proximate cause — greed. By the owners, TV, players, and fans.

Comments?

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PRODUCTIVITY: Open Source Textbook Library

Monday, October 15, 2012

http://dp.la/2012/10/03/california-establishes-open-source-textbook-library-for-students/

California Establishes Open Source Textbook Library for Students
Posted by Carly Boxer on October 3, 2012 in Blog, Featured.

*** begin quote ***

This past Thursday, September 27th, the California State Senate approved two bills aimed at increasing access to and decreasing the financial burden of textbooks for students at California state postsecondary institutions.

The first bill, SB 1052, mandates the creation of 50 digital open source textbooks. In order to do so, SB 1052 establishes the 9 member California Open Education Resources Council; this council is responsible for identifying the 50 lower-division courses at California state universities and community colleges for which low-cost, open source textbooks will be developed. The council, comprised of faculty representatives from University of California, California State University, and California Community Colleges, would also establish a “competitive request-for-proposal process in which faculty members, publishers, and other interested parties would apply for funds” in order to produce textbook content.

*** end quote ***

Excuse me, but aren’t all those faculty members on the public payroll already?

If the Gooferment Skrules are an “education factory”, should the “educators” produce their own textbooks.

Programmers write documentation.

Executives write reports.

Scientists publish papers.

Why the difference?

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FUN: Maxine’s bird feeder

Sunday, October 14, 2012

Now Luddite’s wife is spamming me with these inet memes. This one hit the mark. Pretty funny. (I have high standards for my blog. Has to have that “me facing life quality”. I chuckled and thought: “How many hearts and minds can I influence?”

“Bravo Zulu” to Luddite’s wife.

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 Leave it to Maxine to come up with a solution
For the mess that America is now in economically.



2012 10 13 maxine


I bought a bird feeder. I hung It on my back porch and filled
It with seed. What a beauty of A bird feeder it was, as I filled it,
Lovingly with seed. Within a week we had hundreds of birds
Taking advantage of the
Continuous flow of free and
Easily accessible food.

But then the birds started
Building nests in the boards
Of the patio, above the table,
And next to the barbecue.

Then came the poop. It was
Everywhere: on the patio tile,
The chairs, the table ..
Everywhere!

Then some of the birds
Turned mean. They would
Dive bomb me and try to
Peck me even though I had
Fed them out of my own
Pocket.

And others birds were
Boisterous and loud. They
Sat on the feeder and
Squawked and screamed at
All hours of the day and night
And demanded that I fill it
When it got low on food.

After a while, I couldn’t even
Sit on my own back porch
Anymore. So I took down the
Bird feeder and in three days
The birds were gone. I cleaned
Up their mess and took down
The many nests they had built
All over the patio.

Soon, the back yard was like
It used to be ….. Quiet, serene….
And no one demanding their
Rights to a free meal.

Now let’s see.
Our government gives out
Free food, subsidized housing,
Free medical care and free
Education, and allows anyone
Born here to be an automatic
Citizen.

Then the illegal’s came by the
Tens of thousands. Suddenly
Our taxes went up to pay for
Free services; small apartments
Are housing 5 families; you
Have to wait 6 hours to be seen
By an emergency room doctor;
Your child’s second grade class is
Behind other schools because
Over half the class doesn’t speak
English.

Corn Flakes now come in a
Bilingual box; I have to
‘press one ‘ to hear my bank
Talk to me in English, and
People waving flags other
Than ‘Old Glory’ are
Squawking and screaming
In the streets, demanding
More rights and free liberties.

Just my opinion, but maybe
it’s time for the government
To take down the bird feeder.

If you agree, pass it on; if not,
Just continue cleaning up the poop
and still paying for it all with no return benefits..

   




IN GOD WE TRUST

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Many a true word is said in a joke. I thought this was funny and “actionable”.

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You just unlocked the Far Far Away badge! Hooray!

Sunday, October 14, 2012
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POLITICAL: Politicians only show the “good”; never the “harm” they do

Sunday, October 14, 2012

http://cafehayek.com/2012/10/threadbare-economics.html

Threadbare Economics

by DON BOUDREAUX on OCTOBER 11, 2012

in POLITICS, SEEN AND UNSEEN, TRADE

*** begin quote ***

This administration policy will win votes for the President from some textile workers in the Carolinas. And Mr. Sanchez and his big boss can now bask self-righteously in their imagined humanity.

But will Mr. Sanchez pose for pictures with poor families whose living standards fall because clothing is now made more costly? Will the administration stage press events to highlight the jobs lost because American consumers, obliged to spend more on clothing, will have less to spend on restaurant meals, evenings at the movies, and other goods and services? Will the President post photos on his website of Americans whose jobs are destroyed because foreigners will now have fewer dollars to spend and invest in the U.S.? Will Mr. Obama boast that his re-election strategy includes a policy that, by dulling the creative forces of competition, diminishes America’s economic dynamism and, hence, reduces its economic growth?

*** end quote ***

It’s our old friend Bastiat and those unseen unintended consequences!

Nasty old “rule”.  “Every time a politician says or does something, look for what’s behind the curtain.”

It’s like when the increased minimum wage law induced AT&T to automate the elevator operators out of their jobs. Some were capable of other work, but many were just let go. My cousin never worked again in her life. True she wasn’t the sharpest blade in the draw, but she was the unseen side of that increase in the minimum wage law.

So don’t tell me that real people are not hurt when the politicians run amok!

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