Back from Capricon last night. Had a good time. Spent most of the can sitting at a table advertising this year's North American Science Fiction Conventin in Utah. I enjoy that because it gives me a chance to pretend I am an outgoing extrovert without having to take the initiative approaching people. I was also on four panels, which went well, and a group of us went out for an excellent dinner after the con.
So I missed Trump's announcement of a national emergency. A couple of weeks ago I read a Congressional Research Service paper on the legal issues involved. There seem to be essentially no limits on a president's ability to declare a national emergency, but the powers that come with any announcement are very much subject to argument. The one thing -- and I do mean the ONE thing -- this clearly gives Trump to power to do is to use appropriated military construction funds not already allocated to build a wall immediately adjacent to an existing military facility. His ability to use funds already allocated to other projects and to spend them in other locations is subject to legal argument. And his ability to repurpose funds from other accounts is still less clear. There's legislation saying it can be done under some circumstances, but the counts will need to decide whether those purposes apply.
Another point from a previous thread: The estate tax is constitutional because it is not a tax on wealth but on the transfer of wealth. Transfer taxes are not direct taxes, so the constitutional provision of apportionment does not apply.
To an estate tax. Warren't proposed tax is, if I understand it aright, a wealth tax, wealth in this case being defined as possessions such as homes and silver and china and antiques and paintings, as well of course, as stock holdings, bank accounts and the like. She herself gave the example of two men each of whom earned fifty thousand per year, the one being what we might call an ordinary, middle class guy living on his salary and the other the cyon of a wealthy family who has a trust fund, goes home to a mansion filled with priceless antiques, etc. The latter would have to pay tax on his material possessions, whereas the former would pay tax only on his income. That's how she intends it, anyway. But according to the article, means testing wouldn't be constitutional and the 2% assessed on the ultra rich would end up being spread over the entire population.
That's not what the article says. Individual means testing has nothing to do with it, nor does it have anything to do with what individuals pay. The point is that calculating an average tax per person is simply a way of saying that some states will be taxed more heavily than others, and that's what the constitution won't allow the federal government to do. Except for the income tax, which was specifically permitted by a constitutional amendment and wouldn't have been allowed otherwise.
Today I wrote to my State Attorney General, State Reps, and State Senators asking:
Can you tell me why Vermont is not yet listed as a state which is suing to stop the President from using an Emergency Declaration to build the border wall? I was surprised to not see Vermont stepping up. Please tell me that you are planning for Vermont to join the lawsuit.
Can't resist passing along this "Over the Weekend" bit from Quartz:
Two days in the Trump administration. On Saturday, Trump’s pick for UN ambassador withdrew after news that she had hired a nanny who wasn’t authorized (paywall) to work in the US; the acting defense secretary said he could refuse to redirect Pentagon funds for a border wall; and Trump roiled European allies by threatening to release ISIS fighters captured in Syria. On Sunday, California’s attorney general said a lawsuit over Trump’s declaration of a state of emergency is “imminent”; and a Japanese newspaper reported that Shinzo Abe nominated Trump for the Nobel Peace Prize at the White House’s request. Trump played golf both days.
Honda is going to close its assembly plant in England. They say it is because of global considerations rather than Brexit, but the workers think otherwise.
================================ Sanders Will Announce White House Bid Tomorrow February 18, 2019 By Taegan Goddard
WMUR has learned that an email announcing Sen. Bernie Sander’s (I-VT) plans to run for president will be sent to his supporters on Tuesday. Sanders has reportedly already recorded a video in which he says he is running for president. ========================== Sen. Kamala Harris (D-CA), visiting New Hampshire for the first time in her life, distanced herself from the last candidate to win this state’s Democratic presidential primary, saying she was “not a democratic socialist” like Sen. Bernie Sanders (I-VT), the New York Times reports. Said Harris: “The people of New Hampshire will tell me what’s required to compete in New Hampshire, but I will tell you I am not a democratic socialist.”
Is it just me, or is that last statement weird? She claims ignorance of what’s required to compete in NH?
While I support universal availability of quality child care, I must say it wouldn't be necessary if the economic and social realities were such as to allow one parent to say home and care for the children. For instance, homemakers and those caring for children and/or elderly family members should at the very least earn Social Security points, if not a federal stipend. A mandated living wage would also help, one that had built in annual or biannual raises, so people don't have to wait till Congress gets around to raising the minimum wage whenever the hell they feel like it, once in every five or ten years.
Harris totally fails to impress me. But stressing that she is not a Social Democrat just threw the last shovelful of dirt on the grave of her chances as far as I'm concerned.
I remember reading a long ago statement in Congress (by a Republican if memory serves me) using the term "mother's pension" to describe what we have come to call "welfare." And asking how any decent person could object to it.
China Is Flooding the Middle East With Cheap [Armed] Drones [Click] “Throughout the war on terror, the U.S. shattered norms on unmanned execution. Now the technology is spreading throughout the region” The chickens are coming home to roost.
The latter no doubt on orders from Uncle Vlad. Brexit after all was brought to us by the same friendly folks who brought us Trump in the first place. Presumably, it's better to act through their sock puppet than to exert open pressure from Moscow.
listener—I had to check on that; here is some information on the author [Click]
ReplyDeleteAlec Baldwin tweets back as Donald Trump talks of 'retribution' for SNL [Click]
ReplyDeleteBack from Capricon last night. Had a good time. Spent most of the can sitting at a table advertising this year's North American Science Fiction Conventin in Utah. I enjoy that because it gives me a chance to pretend I am an outgoing extrovert without having to take the initiative approaching people. I was also on four panels, which went well, and a group of us went out for an excellent dinner after the con.
ReplyDelete
Deleteglad you had a good time, Bill. Welcome home.
So I missed Trump's announcement of a national emergency. A couple of weeks ago I read a Congressional Research Service paper on the legal issues involved. There seem to be essentially no limits on a president's ability to declare a national emergency, but the powers that come with any announcement are very much subject to argument. The one thing -- and I do mean the ONE thing -- this clearly gives Trump to power to do is to use appropriated military construction funds not already allocated to build a wall immediately adjacent to an existing military facility. His ability to use funds already allocated to other projects and to spend them in other locations is subject to legal argument. And his ability to repurpose funds from other accounts is still less clear. There's legislation saying it can be done under some circumstances, but the counts will need to decide whether those purposes apply.
ReplyDeleteAnother point from a previous thread: The estate tax is constitutional because it is not a tax on wealth but on the transfer of wealth. Transfer taxes are not direct taxes, so the constitutional provision of apportionment does not apply.
ReplyDeleteTo an estate tax. Warren't proposed tax is, if I understand it aright, a wealth tax, wealth in this case being defined as possessions such as homes and silver and china and antiques and paintings, as well of course, as stock holdings, bank accounts and the like. She herself gave the example of two men each of whom earned fifty thousand per year, the one being what we might call an ordinary, middle class guy living on his salary and the other the cyon of a wealthy family who has a trust fund, goes home to a mansion filled with priceless antiques, etc. The latter would have to pay tax on his material possessions, whereas the former would pay tax only on his income. That's how she intends it, anyway. But according to the article, means testing wouldn't be constitutional and the 2% assessed on the ultra rich would end up being spread over the entire population.
DeleteThat's not what the article says. Individual means testing has nothing to do with it, nor does it have anything to do with what individuals pay. The point is that calculating an average tax per person is simply a way of saying that some states will be taxed more heavily than others, and that's what the constitution won't allow the federal government to do. Except for the income tax, which was specifically permitted by a constitutional amendment and wouldn't have been allowed otherwise.
DeleteAh, that makes sense! Thanks, Bill--and welcome back!
ReplyDeleteCalifornia AG: At least 13 states suing over Trump's national emergency [Click] “New Jersey, Colorado, and Connecticut all confirmed to NBC News they are a part of the lawsuit.”
ReplyDeleteTrump’s News Conference Created New Minefields [Click] Not news, but let us count the ways…
Hard border in Ireland followed by rushed reunification vote would trigger return to violence, says report [Click]
We're up to 16 states.
DeleteToday I wrote to my State Attorney General, State Reps, and State Senators asking:
Can you tell me why Vermont is not yet listed as a state which is suing to stop the President from using an Emergency Declaration to build the border wall? I was surprised to not see Vermont stepping up. Please tell me that you are planning for Vermont to join the lawsuit.
16 States Sue to Stop Trump’s Use of Emergency Powers to Build Border Wall
https://int.nyt.com/data/documenthelper/620-california-lawsuit-against-tru/8e2f7958e51b7fbf4c78/optimized/full.pdf?fbclid=IwAR3L1PMn3mMQTaDV5f6L1G84ms0wX7qw4T2z4sBkQjvv93mQ1qccAkcKBsY#page=1
Senators Ashe and Sirotkin responded immediately that they will find out for me tomorrow. Awesome.
The sixteen plaintiffs story just arrived here in the Japanese evening news. So when you read this it has circumnavigated the world.
DeleteCan't resist passing along this "Over the Weekend" bit from Quartz:
ReplyDeleteTwo days in the Trump administration. On Saturday, Trump’s pick for UN ambassador withdrew after news that she had hired a nanny who wasn’t authorized (paywall) to work in the US; the acting defense secretary said he could refuse to redirect Pentagon funds for a border wall; and Trump roiled European allies by threatening to release ISIS fighters captured in Syria. On Sunday, California’s attorney general said a lawsuit over Trump’s declaration of a state of emergency is “imminent”; and a Japanese newspaper reported that Shinzo Abe nominated Trump for the Nobel Peace Prize at the White House’s request. Trump played golf both days.
Just another weekend at the asylum run by Dr.Tar and Mr. Feather.
DeleteBill--did you see the story about Mr. Mueller nominating Trump for the No Bail Prize?
ReplyDeleteI saw the headline. I assume the pun was the major point.
DeleteI assume so; but I also assumed Trump couldn't be elected President. [grin]
DeleteLOL
DeleteHonda is going to close its assembly plant in England. They say it is because of global considerations rather than Brexit, but the workers think otherwise.
ReplyDeleteThat means an estimated 15-20 thousand jobs up in smoke.
DeleteHeadlines:
ReplyDeleteHarris Supports Renaming Columbus Day [Click]
Warren to Introduce Universal Child Care Proposal [Click]
It seems to me that one is rather more consequential than the other.
================================
Sanders Will Announce White House Bid Tomorrow
February 18, 2019 By Taegan Goddard
WMUR has learned that an email announcing Sen. Bernie Sander’s (I-VT) plans to run for president will be sent to his supporters on Tuesday.
Sanders has reportedly already recorded a video in which he says he is running for president.
==========================
Sen. Kamala Harris (D-CA), visiting New Hampshire for the first time in her life, distanced herself from the last candidate to win this state’s Democratic presidential primary, saying she was “not a democratic socialist” like Sen. Bernie Sanders (I-VT), the New York Times reports.
Said Harris: “The people of New Hampshire will tell me what’s required to compete in New Hampshire, but I will tell you I am not a democratic socialist.”
Is it just me, or is that last statement weird? She claims ignorance of what’s required to compete in NH?
While I support universal availability of quality child care, I must say it wouldn't be necessary if the economic and social realities were such as to allow one parent to say home and care for the children. For instance, homemakers and those caring for children and/or elderly family members should at the very least earn Social Security points, if not a federal stipend. A mandated living wage would also help, one that had built in annual or biannual raises, so people don't have to wait till Congress gets around to raising the minimum wage whenever the hell they feel like it, once in every five or ten years.
DeleteHarris totally fails to impress me. But stressing that she is not a Social Democrat just threw the last shovelful of dirt on the grave of her chances as far as I'm concerned.
As for Bernie, YEAH!
I remember reading a long ago statement in Congress (by a Republican if memory serves me) using the term "mother's pension" to describe what we have come to call "welfare." And asking how any decent person could object to it.
DeleteHere's a double dose of dismal:
ReplyDeleteChina Is Flooding the Middle East With Cheap [Armed] Drones [Click] “Throughout the war on terror, the U.S. shattered norms on unmanned execution. Now the technology is spreading throughout the region” The chickens are coming home to roost.
Natalie Nougayrède: Trump and his team want to wipe out the EU [Click]
The latter no doubt on orders from Uncle Vlad. Brexit after all was brought to us by the same friendly folks who brought us Trump in the first place. Presumably, it's better to act through their sock puppet than to exert open pressure from Moscow.
DeleteHow Tesla's big battery is bringing Australia’s gas cartel to heel [Click] This seems to be working better than I had anticipated.
ReplyDelete