Hate crimes bill H.R. 1913 destroys civil liberties and Constitutional protections

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Hans Bader of the Open Market blog of the Competitive Enterprise Institute has done a massive analysis of the Democrat’s hate crimes bill.

First, the news:

On April 23, the House Judiciary Committee voted 15-to-12 to approve a dramatic expansion of the federal hate-crimes law. The bill, H.R. 1913, would add gender, sexual orientation, and transgender characteristics to a law originally designed to protect racial minorities. It also greatly expands the law’s reach over local offenses typically handled by state prosecutors, by eliminating many jurisdictional limits.

The hate crimes bill violates federalism:

The bill would allow people who have been found innocent of a hate crime in state court to be reprosecuted in federal court…. Supporters of the hate crimes bill also see it as a way to prosecute people even in cases where the evidence is so weak that state prosecutors have decided not to prosecute. Attorney General Eric Holder has pushed for the hate crimes bill as a way to prosecute people whom state prosecutors refuse to prosecute because of a lack of evidence. To justify broadening federal hate-crimes law, he cited three examples where state prosecutors refused to prosecute, citing a lack of evidence. In each, a federal jury acquitted the accused, finding them not guilty.

But that’s not all, it also violates the principle of double jeopardy:

Civil libertarians like Wendy Kaminer have criticized the federal hate-crimes bill for taking advantage of a loophole in constitutional double-jeopardy protections. Law professor Gail Heriot, a member of the U.S. Civil Rights Commission, has also criticized the bill for circumventing protections against double-jeopardy.

I wrote earlier about how the federal hate-crimes bill backed by Obama and Congressional leaders would violate constitutional federalism safeguards, such as the Supreme Court’s decision in United States v. Morrison (2000), and how it would allow people found innocent in state court to be retried in federal court.

One more point that caught my attention:

The ACLU long opposed the loophole in Constitutional double-jeopardy protections that the bill is designed to exploit. But it switched its longstanding position in order to back the federal hate crimes bill, apparently believing that civil-liberties must be sacrificed in order to fight hate.

Yes, when push comes to shove, leftists oppose all liberties, and end up supporting fascism.

UPDATE: Ed Morrissey has more on the hate crimes bill here.

UPDATE: Don’t forget about the bill that criminalizes blogging here.

I highly recommend this article!

Princeton physics professor testifies to Senate about global warming

UPDATE: Welcome visitors from two or three . net!

This transcript was sent to me by my friend Richard. It is an 11 page PDF containing the full testimony of William Happer, the Cyrus Fogg Bracket Professor of Physics at Princeton University. This testimony was given on February 25, 2009 to the U.S. Senate Environment and Public Works Committee, chaired by Democrat Barbara Boxer.

I do work in the related field of atomic, molecular and optical physics. I have spent my professional life studying the interactions of visible and infrared radiation with gases – one of the main physical phenomena behind the greenhouse effect. I have published over 200 papers in peer reviewed scientific journals. I am a member of a number of professional organizations, including the American Physical Society and the National Academy of Sciences. I have done extensive consulting work for the US Government and Industry. I also served as the Director of Energy Research at the Department of Energy (DOE) from 1990 to 1993, where I supervised all of DOE’s work on climate change.

Here, he explains the limited role that CO2 plays in global warming, and also why an increase in CO2 will not have a continued effect on the warming, because the limit of what CO2 can do has already been reached.

Without greenhouse warming, the earth would be much too cold to sustain its current abundance of life. However, at least 90% of greenhouse warming is due to water vapor and clouds. Carbon dioxide is a bit player. There is little argument in the scientific community that a direct effect of doubling the CO2 concentration will be a small increase of the earth’s temperature — on the order of one degree. Additional increments of CO2 will cause relatively less direct warming because we already have so much CO2 in the atmosphere that it has blocked most of the infrared radiation that it can.

So CO2 really won’t lead to increased warming directly, unless it somehow causes the warming from water vapor and clouds to increase. But, the evidence clearly shows that this is not the case. In fact, increasing the CO2 level decreases the warming effects of water vapor and clouds.

Since most of the greenhouse effect for the earth is due to water vapor and clouds, added CO2 must substantially increase water’s contribution to lead to the frightening scenarios that are bandied about. The buzz word here is that there is “positive feedback.” With each passing year, experimental observations further undermine the claim of a large positive feedback from water. In fact, observations suggest that the feedback is close to zero and may even be negative. That is, water vapor and clouds may actually diminish the already small global warming expected from CO2, not amplify it.

But doesn’t the corelation between rising CO2 levels and increased warming imply causation?

No, the current warming period began about 1800 at the end of the little ice age, long before there was an appreciable increase of CO2. There have been similar and even larger warmings several times in the 10,000 years since the end of the last ice age. These earlier warmings clearly had nothing to do with the combustion of fossil fuels. The current warming also seems to be due mostly to natural causes, not to increasing levels of carbon dioxide. Over the past ten years there has been no global warming, and in fact a slight cooling. This is not at all what was predicted by the IPCC models.

But what about the hockey stick graph, that, like the images of Haeckel’s embryos, has been used to terrify a generation of children taught in the government-run schools about the dangers of capitalism and economic growth? Surely scientists wouldn’t lie to manufacture a crisis that would lead to bigger government, bigger tax revenues, and more research grants?

When I was a schoolboy, my textbooks on earth science showed a prominent “medieval warm period” at the time the Vikings settled Greenland, followed by a vicious “little ice age” that drove them out. So I was very surprised when I first saw the celebrated “hockey stick curve,” in the Third Assessment Report of the IPCC. I could hardly believe my eyes. Both the little ice age and the Medieval Warm Period were gone, and the newly revised temperature of the world since the year 1000 had suddenly become absolutely flat until the last hundred years when it shot up like the blade on a hockey stick. This was far from an obscure detail, and the hockey stick was trumpeted around the world as evidence that the end was near. We now know that the hockey stick has nothing to do with reality but was the result of incorrect handling of proxy temperature records and incorrect statistical analysis. There really was a little ice age and there really was a medieval warm period that was as warm or warmer than today…. The IPCC has made no serious attempt to model the natural variations of the earth’s temperature in the past. Whatever caused these large past variations, it was not due to people burning coal and oil.

But what about Al Gore, a brilliant 2-time university drop-out with a C average and an unparalleled talent for smoking pot? Surely he understands atmospheric science better than lousy professors of physics from Princeton?

By looking at ice cores from the Greenland and Antarctic ice sheets, one can estimate past temperatures and atmospheric concentrations of CO2. Al Gore likes to display graphs of temperature and CO2 concentrations over the past million years or so, showing that when CO2 rises, the temperature also rises. Doesn’t this prove that the temperature is driven by CO2? Absolutely not! If you look carefully at these records, you find that first the temperature goes up, and then the CO2 concentration of the atmosphere goes up. There is a delay between a temperature increase and a CO2 increase of about 800 years. This casts serious doubt on CO2 as a climate driver because of the fundamental concept of causality. A cause must precede its effect….In the case of the ice cores, the cause of increased CO2 is almost certainly the warming of the oceans. The oceans release dissolved CO2 when they warm up, just like a glass of beer rapidly goes flat in a warm room.

But my teacher says that CO2 is a poison that will destroy us all! We need big government (and increased teacher pay) to save us all from fiery doom!

We are all aware that “the green revolution” has increased crop yields around the world…. no small part of the yield improvement has come from increased atmospheric levels of CO2…. If we really were to decrease our current level of CO2 of around 400 ppm to the 270 ppm that prevailed a few hundred years ago, we would lose some of the benefits of the green revolution. Crop yields will continue to increase as CO2 levels go up, since we are far from the optimum levels for plant growth. Commercial greenhouse operators are advised to add enough CO2 to maintain about 1000 ppm around their plants. Indeed, economic studies like those of Dr. Robert Mendelsohn at Yale University project that moderate warming is an overall benefit to mankind because of higher agricultural yields and many other reasons.

But doesn’t consensus determine truth?

We are told that only a few flat-earthers still have any doubt about the calamitous effects of continued CO2 emissions…. First, what is correct in science is not determined by consensus but by experiment and observations…. Secondly, I do not think there is a consensus about an impending climate crisis.

But if that is true, then why is no one speaking out against this politicized science?

Many distinguished scientific journals now have editors who further the agenda of climate-change alarmism. Research papers with scientific findings contrary to the dogma of climate calamity are rejected by reviewers, many of whom fear that their research funding will be cut if any doubt is cast on the coming climate catastrophe…. Certainly, it is a bit unnerving to read statements of Dr. James Hansen in the Congressional Record that climate skeptics are guilty of “high crimes against humanity and nature.”

Even elementary school teachers and writers of children’s books are enlisted to terrify our children and to promote the idea of impending climate doom…. children should not be force-fed propaganda, masquerading as science. Many of you may know that in 2007 a British Court ruled that if Al Gore’s book, “An Inconvenient Truth,” was used in public schools, the children had to be told of eleven particularly troubling inaccuracies.

Read the whole thing! And don’t forget to read more about dissent from global warming, melting polar ice caps, Obama’s planned tax hikes on oil and gas, deceptive alarmism to procure research funding, the cost of green jobs programs and the use of made-up crises in order to impose socialism.

Marsha Blackburn busts Al Gore on cap and trade corruption

Representative Marsha Blackburn
Representative Marsha Blackburn

Surprise! Al Gore stands to gain from the cap and trade legislation that he’s backing! No wonder Democrats oppose domestic oil production.

Gateway Pundit has the story:

Rep. Marsha Blackburn (R-Tenn.) challenged Al Gore’s motives for supporting climate change legislation including his links to a firm that will make millions from cap and trade:

Funny… During that same hearing Gore compared global warming skeptics to fraudster Bernie Madoff.

Video clip:

More from The Hill:

Blackburn noted Gore’s role as partner in Kleiner, Perkins, Caufield & Byers, a venture capital firm that invests in technology to address global warming.

Blackburn asked Gore if he stood to benefit financially from cap-and-trade legislation, which would force companies to reduce carbon emissions. Companies would likely turn to the kinds of technologies Kleiner Perkins helps develop.

“This bill is going to fundamentally change the way America works.” Given the magnitude of those changes, I think it’s really important that no suspicion or shadow fall on the foremost advocates of climate change legislation. So I wanted to give you the opportunity to kind of clear the air about your motives and maybe set the record straight.”

Transcript:

BLACKBURN: I’ve got an article from October 8th, the New York Times Magazine about a firm called Kleiner Perkins. A capital firm called Kleiner Perkins. Are you aware of that company?

GORE: (LAUGHS) Well yes, I’m a partner at Kleiner Perkins.

BLACKBURN: So you’re a partner at Kleiner Perkins. OK. Now they have invested about a billion dollars in 40 companies that are going to benefit from cap and trade legislation. So is the legislation that we’re discussing here today, is that something you are going to personally benefit from?

GORE: I believe that the transition to a green economy is good for our economy and good for all of us. And I have invested in it. But every penny that I have made, I have put right into a non-profit, the Alliance for Climate Protection, to spread awareness about why we have to take on this challenge. And Congresswoman, if you’re, if you believe the reason I have been working on this issue for 30 years is because of greed, you don’t know me.

BLACKBURN: I’m not making accusations. I’m asking questions that have been asked of me. And individuals, constituents that were seeking a point of clarity–

GORE: I understand exactly what you’re doing, Congresswoman. Everybody here does.

BLACKBURN: Well, are, you know, are you willing to divest yourself of any profit? Does all of it go to a not-for-profit that is an educational not-for-profit.

GORE: Every penny that I have made has gone to it. Every penny from the movie, from the book, from any investments in renewable energy. I’ve been willing to put my money where my mouth is. Do you think there’s something wrong with being active in business in this country?

The Heritage Foundation has more on Al Gore’s testimony here.

I blogged about the increases we can expect in energy prices here.

Read my lips. Cap and trade is a tax on energy consumption: (H/T Gateway Pundit, The Heritage Foundation)

Remember Al Gore’s house?

So much that last August Tipper and Al Gore used twice as much electricity in their two-building property as an average U.S. household uses in an entire year, the Tennessee Center for Policy Research, a think tank, reported Tuesday.

Public power and gas bills turned up by the group show that the man behind the Oscar-winning global warming wakeup documentary, “An Inconvenient Truth,” uses much more overall carbon-based fuel than the average American, spending thousands of dollars a month on electricity and gas.

An inconvenient truth.

Michele Bachmann calls for Napolitano to resign

Representative Michele Bachmann
Representative Michele Bachmann

This video is awesome. (H/T The Maritime Sentry)

But the leaked DHS report is not the only problem that conservatives are facing from the fascist left. The tolerant left, champions of diversity and tolerance, doesn’t like the idea of hearing things that might hurt their feelings. Every word you say has the potential to incite violence against them!

So, they’ve proposed this new Hate Crimes bill so that they don’t have to listen to people they disagree with anymore.

Excerpt from a post on Atheism Analyzed: (H/T Apologetics 315)

Committee members allowed that, yes, the law could result in the imprisonment of religious leaders. Conceivably then, a threat might be perceived in the preaching from a Bible (the weapon), perceived as inciting “radicals” to do bodily harm to non-believers or gays or whoever. Thus the perception allegedly received by the alleged victim holds total sway over the actual occurrence, which in actuality might have been completely benign.

If the validity of the actual occurrence is not the basis for justice, then there is no justice under this proposed law; it is an invitation for persecution by allegation of personal offendedness, a legalization of internal outrage as the definition of a crime regardless of whether the outrage is legitimate.

Protection from outrage is not possible; so persecution of the hated must substitute. Justice misapplied can become persecution, and it undoubtedly will if H.R. 1913 becomes law.

We elected Obama, and now the whole country will look like the university campuses, where leftist fascism is the rule, and conservatives need bodyguards and police escorts in order to be able to speak.

BONUS:

Michele Bachmann talks with Neil Cavuto about cap and trade, and the recession: (H/T The Maritime Sentry)

Sensible science, sensible energy policy and sensible pollution reduction. Why won’t the socialists just listen to her? Just do whatever she says to do and we’ll get out of this mess that the Democrats put us into.

Why does President Pantywaist hate America so badly?

That is the actual title of an article by Gerald Warner of the UK Telegraph. (H/T Stop the ACLU)

We are the laughingstock of the entire world now.

This entire passage from the Telegraph piece needs to be excerpted, so that people understand that the United States has elected a President who is far less competent than Jimmy Carter. The Worst President Ever.

If al-Qaeda, the Taliban and the rest of the Looney Tunes brigade want to kick America to death, they had better move in quickly and grab a piece of the action before Barack Obama finishes the job himself. Never in the history of the United States has a president worked so actively against the interests of his own people – not even Jimmy Carter.

Obama’s problem is that he does not know who the enemy is. To him, the enemy does not squat in caves in Waziristan, clutching automatic weapons and reciting the more militant verses from the Koran: instead, it sits around at tea parties in Kentucky quoting from the US Constitution. Obama is not at war with terrorists, but with his Republican fellow citizens. He has never abandoned the campaign trail.

That is why he opened Pandora’s Box by publishing the Justice Department’s legal opinions on waterboarding and other hardline interrogation techniques. He cynically subordinated the national interest to his partisan desire to embarrass the Republicans. Then he had to rush to Langley, Virginia to try to reassure a demoralised CIA that had just discovered the President of the United States was an even more formidable foe than al-Qaeda.

“Don’t be discouraged by what’s happened the last few weeks,” he told intelligence officers. Is he kidding? Thanks to him, al-Qaeda knows the private interrogation techniques available to the US intelligence agencies and can train its operatives to withstand them – or would do so, if they had not already been outlawed.

So, next time a senior al-Qaeda hood is captured, all the CIA can do is ask him nicely if he would care to reveal when a major population centre is due to be hit by a terror spectacular, or which American city is about to be irradiated by a dirty bomb. Your view of this situation will be dictated by one simple criterion: whether or not you watched the people jumping from the twin towers…

President Pantywaist’s recent world tour, cosying up to all the bad guys, excited the ambitions of America’s enemies. Here, they realised, is a sucker they can really take to the cleaners. His only enemies are fellow Americans. Which prompts the question: why does President Pantywaist hate America so badly?

Michelle Malkin has more on the Democrats national security and foreign policy blunders:

Data point – Hillary cackles at serious questions about the effectiveness of enhanced interrogation.

Data point – House Speaker Nancy Pelosi ups pressure for ‘truth’ panel on torture

Data point – Soros acolyte Rosa Brooks, al Qaeda apologist and military-basher, now ensconced at the Pentagon.

Data point – Radical Yale Law School Dean Harold Koh’s Senate confirmation hearing for a key State Department legal adviser slot set for next Tuesday.

Data point – Department of Haplessness and Stupidity Secretary Janet Napolitano — fresh from pooh-poohing terrorism and illegal border-crossings, botching 9/11 history and issuing hit jobs on limited government conservatives and veterans — is now pushing for repeal of Real ID Act

And she ends with this:

We have lost our war footing. Welcome back to the Sesame Street school of national security. Feel safer? Me neither.

You Democrats who voted for Obama didn’t want to know anything about this man during the election campaign. You trust the left-wing media to tell you everything you needed to know. Well, now you know what we, the people who can read, were trying to tell you.

UPDATE: Stop the ACLU linked to another post by Gerald Warner entitled Barack Obama: President Pantywaist – new surrender monkey on the block. Why is it that the entire world can see this guy is an unqualified joke, except us?

…integrating Christian faith and knowledge in the public square

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