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Thursday, February 23, 2017

VCNO: Navy Will Be “Flat Out Of Money” Without Supplemental Funding

By Capt Joseph R. John

The Obama administration sliced the Pentagon budget by 52% over 8 years, putting the security of the Republic and American lives at risk.  A reduced budget imposed upon the US Navy in 2009 began the decline in the US Navy’s strength.  Then the Budget Control Act of 2011 further weakened the US Navy.  The passage of Obama’s Sequestration in 2012 by Republican and Democrat leaders in Congress, gutted the US Navy.  Sequestration could never have diminished the size of Navy’s Fleet to the pre-World War I number of ships, if Republican and Democratic Leaders in Congress hadn’t cooperated very closely with Obama to retain Sequestration, each year, every year, for 5 years. 

Obama appointee holdovers in government are seriously negatively affecting the readiness of the US Navy and hampering the execution of Naval Special Operations.  Obama holdovers are still filling appointed positions in the Pentagon, hampering the Chief of Naval Operations efforts to strengthen the US Navy.  There are 160 Obama appointee holdovers on the National Security Counsel affecting military  operations.  There are a handful of Obama appointee holdovers at the CIA who were groomed to oppose President Trump by John Brennan &  Mike Morell (they both repeatedly lied about Benghazi).  There are Obama holdovers in NSA, DHS, EPA, and the FBI, including some members of the Muslim Brotherhood, CAIR, ISNA, MAS, etc. who are opposing President Trump.   The 9 personnel who criminally released the content of General Mike Flynn’s telephone conversations with the Russian Ambassador to the press were Obama holdovers.

Obama’s destructive budget policy resulted in the accelerated erosion in readiness, fleet maintenance, and “Combat Effectiveness” of the US Navy’s surface, submarine, and air forces.  The below listed destructive policies, imposed on the US Armed Forces by the former Chairman of the Joint Chiefs of Staff, Admiral Mike Mullins, USN (Ret), and Navy Secretary Ray Mabus contributed to the erosion of the strength, moral, and “Combat Readiness” of the US Navy.
 
Admiral Mike Mullins, USN force fed the Social Experiment on Diversity into the US Navy that degraded unit moral, unit cohesion, and “Combat Effectiveness”, he withheld information from Congress that 3 rescue missions by (1) a Marine Corps Fast Team 3 hours away, (2) the USS Stennis Carrier Battle Group 6 hours & (3) two armed F-16Cs 3 hours away from Benghazi were prevented from launching to save American lives, he imposed new dangerous Rules Of Engagement on the US Navy & US Marine Corps that increased their combat casualties in Afghanistan, and he did not terminate the restriction imposed on Navy Chaplains preventing them from reading their Cardinals letters on Sundays from the pulpit to their parishioner (a violation of Freedom of Religion and Freedom of Speech).

The most inept Secretary of the Navy in US History, Ray Mabus, ordered the implementation of Admiral Mullin’s above listed destructive policies on the US Navy.  Mabus approved the reduction in number of ships in the Fleet, to less ships than the Navy had prior to 1913.  Mabus presided over the firing of many senior and Flag officers who were viewed as not being “Politically Correct”, and replaced them with newly selected senior and Flag Officer who met specific “Politically Correct” selection criteria; he directed newly promoted Flag Officers to drive “Politically Correct” destructive policies into the US Navy.   For the first time in 240 years, Mabus named newly commissioned US Naval ships for extremely liberal, progressive, and gay individuals with no military service, instead of naming those ships for the very famous deceased highly decorated and heroic U S military personnel the Navy had always named its ships after.  

The current Situation Report on the US Navy was presented in testimony before the Senate Armed Services Committee, by Vice Chief of Naval Operations Admiral William Moran, USN in the below listed article.  Admiral Moran said “Our long-term readiness continues its insidious decline”, and “the Navy will be flat out of money” without supplementary funding.   

He argued that financial constraints have eroded military readiness.  The Navy’s reduced budget was only part of the problem, the Navy’s Op Tempo for 15 years, in support of overseas conflicts, has been very hard on the wear and tear of ships, aircraft, and submarines.  Because of budget reductions, aircraft, ships, and submarines have been unable to train at sea, or obtain needed shipyard repairs, contributing negatively toward the Navy’s “Combat Effectiveness”.  

From 1981 to1988, President Ronald Reagan increased the number of ships in US Navy fleet to 566 ships, which included 15 Carrier Battlegroups, 4 Battleship Surface Action Groups, 100 Attack Submarines, 35 SSNB Ballistic Missile Submarines, and 412 other ships.

The Obama administration reduced the carrier force to 10 ships, reduced the submarine force to 58 attack submarines &14 SSNB Ballistic Missile Submarines, and reduce the remaining ships of the fleet to 192 ships.  Many of the carriers, submarines, and ships are stuck in port, because the US Navy hasn’t been able to cover the cost of repairs for ships requiring shipyard availability and because of the lack of spare parts.  The Navy hasn’t been able to purchase billions of dollars in spare parts for its aircraft, submarines, and ships making some of their operations too hazardous for Naval personnel to man and operate.

For 8 years, China, Russia, North Korea, and Iran have been involved in a massive ship building and modernizing program for their fleets; collectively they have 231 submarines and 371 combatants surface ships between them. 

The US Navy’s has less ships in the fleet today than it had in 1913, prior to WWI, and the Navy has been prevented from funding a ship building program to keep up with China, Russia, and Iran’s fleet expansions because of the reduced DOD budget.  To meet minimum requirements, 350 US Navy ships are required in the fleet.  Normally, 1/3 of the fleet is scheduled for shipyard availability, and 1/3 of the ships are scheduled for post deployment R&R and underway training, and 1/3 of the fleet are deployable.  Today’s fleet has 91 deployable ships; President Reagan’s Navy had 189 deployable ships.

For 15 years the wear and tear on the Navy-Marine Corps fighters dramatically reduced the number of operational aircraft, their numbers are in a “death spiral.”  The only long-term solution would be to acquire both F/A-18E/F Super Hornets and the F-35 Joint Strike Fighter faster than the current procurement schedule.   Sixty percent of the Navy’s front line combat jet fighter, the F/A-18 Hornets, have been grounded and are unfit to fly because of maintenance issues and lack of spare parts.  The attrition in the number of aircraft and consumption of spare parts is outpacing procurement.  The Obama administration cancelled 175 strike fighters from procurement, that has to be turned around to meet high-end threats like SA-300/400s (advanced Russian anti-aircraft missiles), and the aircraft Russia, China, North Korea, and Iran operate.

Only 439 out of 1,065 US Marine Corps aircraft, are flyable because the aircraft are worn out, because of heavy maintenance issues, and the lack of funding for spare parts; 74 percent of the Marine Corps’ F-18/A(B, C, D) Hornets– some of the oldest in service – are overused, under-maintained; they are wearing out.   Because of lack of funding for fuel, spare parts, and maintenance, and because required monthly pilot flight training has been severely restricted, pilot flight proficiency and qualification have been degraded.

For 8 years, the US Navy hasn’t been able to afford the purchase billions of dollars in spare parts for its aircraft, submarines, and ships making their operations, in many cases, too hazardous for the life of the Naval personnel who operate them, to permit them, to continue operations.  The result has been a dramatic reduction in the number of deployable platforms available.

The Vice Chief of Naval Operations pleaded with lawmakers to repeal Sequestration legislation, because it continues to negatively affect readiness and “Combat Effectiveness” of the fleet.   Sequestration has been limiting defense spending, and has been limiting procurement, ever year, for 5 years.  Admiral Moran has been arguing that fiscal constraints over the past 8 years is crippling the Navy’s capability to effectively respond to multiple threats.

While the Navy’s strength was being hollowed out, Obama refused to let the Navy defend the nation’s right to “Freedom of Navigation”. Obama prevented US Naval warships from performing the same standard Naval mission in the South China Sea, it previously performed for 70 years.  From 2012 to 2016, while China was in the process militarized Scarborough Shoals, in the Spratly chain of reefs, in the South China Sea, US Naval warships were prevented from sailing near the Shoals.  During that 4 year period, China was constructing airfields and missile sites on land it reclaimed from the sea bottom.  China has since claimed the Scarborough Shoals as its sovereign territory in violation of International Law.    

Naval Special Warfare Operations have been compromised by Obama holdovers.  On January 29th, SEAL Team SIX led a Counterterrorist Operation, against Al Q’ieda in Yemen, in order to gather intelligence and terminate cell leaders.  SOC William “Ryan” Owens, USN (SEAL) was lost in the operation, what turned into an preplanned ambush.  Al Q’ieda received advance details and the timing of the operation; intense fire was poured into the SEALs upon landing, fire came from pre-established positions circumventing the targeted buildings. 

Following the raid, Abid, Imran, and Jamal Awan, 3 Muslims brothers from Pakistan hired by the Obama administration at a salary of $160,000/year (one brother was only 22 years old) were abruptly fired by the Trump administration.  They were hired by members of the Muslim Brotherhood operating as a the Fifth Column in US government, to manage Top Secret IT communications for 50 Democrats Congressional House leaders and Democrat Congressmen on the House Permanent Select Intelligence and Foreign Affairs Committees. They were accused of funneling Top Secret messages to outside servers; the 3 Awan brothers were accused of also stealing classified equipment.

The 3 Awan brothers managed IT transmission of Top Secret information on Cong Debbie Schultz (D-FL), Cong Keith Ellison (D-MN), Cong Andre Carson (D-IN) and 47 other Democrat Congressmen’s computers.  They had access to Top Secret communications for Democratic Congressional members on the Intelligence and Foreign Affairs Committees who receive advance details on future Top Secret Special Operations, including advance details of the January 29th Counterterrorism Operation in Yemen by SEAL Team SIX, where the SEALs were ambushed by Al Q’ieda Terrorist waiting for them.

The policy of hiring 3 Muslim brothers from Pakistan by the Obama administration and Democrats in Congress, and holding them over compromised a Counterterrorist Operation, inflicted serious casualties on US Navy SEALs,  and compromised the National Security of the United States.

A more detailed testimony of Admiral  William Moran is presented in the below listed article.

Copyright by Capt Joseph R. John.  All Rights Reserved.  The material can only posted on another Web site or distributed on the Internet by giving full credit to the author.  It may not be published, broadcast, or rewritten without the permission from the author.

Joseph R. John, USNA ‘62
Capt    USN(Ret)/Former FBI
Chairman, Combat Veterans For Congress PAC
2307 Fenton Parkway, Suite 107-184
San Diego, CA 92108



Then I heard the voice of the Lord, saying, “Whom shall I send, and who will go for Us?” Then I said, “Here am I. Send me!”
-Isaiah 6:8

________________________________________________________________________________________________________

VCNO Moran: Navy Will Be ‘Just Flat Out Of Money’ Without Supplemental Funding; Would Cancel Flight Hours, Ship Avails



February 7, 2017 6:56 PM •

Vice Chief of Naval Operations Adm. William Moran delivers remarks at the 2016 Future Strategy Forum at the Navy Memorial in Washington, D.C.
CORRECTION: A previous version of this story misstated the re-work required on the recent USS George H.W. Bush (CVN-77) maintenance availability, due to source error. The ship required seven percent rework and saw a 42 percent growth in work.

WASHINGTON, D.C. — Without a readiness-focused supplemental spending bill passed by lawmakers this spring, the Navy and Marine Corps would stop flying at home and ship and submarine maintenance availabilities would be canceled, the vice chief of naval operations and assistant commandant of the Marine Corps said at a hearing today.

The continuing resolution currently funding the government at last year’s spending levels is set to expire on April 28, 2017, and even if lawmakers could pass the Fiscal Year 2017 spending bill for the second half of the fiscal year, budget caps already in place mean that the Navy would receive about $5 billion less than it did in FY 2016. Having started the year, then, at a higher spending rate, dropping down to the FY 2017 budget would cause the Navy to almost immediately run out of operations and maintenance dollars in parts of its budget.

If the Navy did not receive a supplemental spending bill with additional funds for FY 2017, “within a month we are going to have to shut down air wings, we are going to have to defer maintenance on several availabilities for our surface ships and submarine maintenance facilities,” Vice Chief of Naval Operations Adm. Bill Moran told the House Armed Services Committee today at a “state of the military” hearing.
“We would be just flat out of money to be able to do that. I think everyone here knows in ’17 the Navy took a $5-billion cut in its topline, if that comes to fruition that’s $2 billion of readiness cuts we’re going to have to take, which is immediately applied to things like ship avails.”

Five attack submarines would see their maintenance availabilities canceled this year and be put at risk of being decertified if no supplemental were passed out of Congress, Moran added, in addition to similar cuts to surface ship maintenance availabilities.

Assistant Commandant Gen. Glenn Walters said “we would stop flying in about July” without a supplemental. He clarified that forward forces would continue to operate, but for units training at home, “all training would cease without a supplemental, and that includes the parts money and the flying hour money.”

Even if the supplemental – which could total between $30 and $40 billion for all the armed services – is passed in a timely manner, the Navy and Marine Corps still face massive readiness issues that money can’t immediately address. Shipyards and aircraft depots face work backlogs stemming from the 2013 start of sequestration and the hiring freezes, furloughs and funding cuts it brought.

Though the Navy has tried to hire thousands of people to conduct maintenance on aircraft carriers and submarines at its four public shipyards, the yards are still unable to keep up with the workload the fleet gives them.

Moran described the cycle of effects the fleet sees from this workforce challenge, using aircraft carrier USS George H.W. Bush’s (CVN-77) 13-month maintenance availability – which was scheduled to last eight months – as an example.

Bush was late for a lot of reasons. One was the junior nature of the workforce,” the VCNO explained.

“We had upwards of 7 percent of rework on Bush throughout that 13-month maintenance period. So until that workforce gains that experience, we’re going to continue to see rework issues. There are some training issues involved. We are starting to see some nice turnaround in the public yards, but again, until we see that workforce mature,” performance and on-time completion of availabilities will continue to suffer.”

Additionally, USNI News understands, the ship saw 42 percent growth in work compared to the original plans for the maintenance package.
With attack submarines being considered a lowest priority at the public yards, carrier overruns cause a chain reaction: USS Albany (SSN-753) spent 48 months in the repair yard due to repeated delays as the workforce focused its attention on CVNs and SSBNs, meaning an entire crew missed out on going on deployment. And USS Boise (SSN-764) wasn’t even put into the shipyard because the workload is so far over workforce capacity, so the boat is currently sitting in Norfolk and is not certified to dive anymore while it awaits maintenance. That attack submarine will eventually be sent to a private repair yard for maintenance, but USNI News understands that won’t be able to happen until at least FY 2019 and will cost much more than putting the ship into a public yard.

Moran said putting submarines in private yards is sometimes an option when the public yards are stuck on carriers or ballistic missile subs – USS Montpelier (SSN-765) is at General Dynamics Electric Boat currently for this exact reason – but the private yards are not guaranteed to have capacity to take on extra repair work, and in a cost-constrained environment, spending the extra operations and maintenance dollars can be a hard choice to make.
“The very late determination that we no longer have the capacity at the public yards, when we turn to the private yards at that moment it becomes a very expensive proposition,” he said.
“So the degree to which we can … try to drive down cost, it makes it easier for us to have to surge the private yards when (at the public yards) the work exceeds the capacity because of delays.”

These shipyard workforce challenges do more than just affect ship repairs lower on the totem pole, House Armed Services Seapower and projection forces subcommittee ranking member Rep. Joe Courtney (D-Conn.) noted at the hearing. The Navy already faces a looming attack sub shortfall, and sidelining these SSNs for no reason other than lack of workforce capacity makes little sense in an increasingly dangerous world.

“We’ve heard from Adm. (Harry) Harris, [U.S. Pacific Command Commander], Gen. (Curtis) Scaparrotti, [U.S. European Command Commander], that they need more submarines now,” Courtney said.
“We’re not going to build a Virginia-class now because it takes five years, but if we could get the Albany, the Boise and those others out and underway, then we can respond to those combatant commanders.”

The sea services also face aviation readiness challenges that go beyond what supplemental funding can immediately fix. Moran said during the hearing that the legacy F/A-18A-D Hornets today take twice as many man hours as originally planned for repairs and maintenance, which only exacerbates the challenges at aviation depots. He said that “on a typical day in the Navy about 25 to 30 percent of our jets and our airplanes are in some kind of depot maintenance,” and overall just over half are unavailable for operations today.

“We can and we do put ready airplanes and ready aircrews forward” but “there’s no depth on the bench behind them if we had to surge forces,” the vice chief said. If a crisis broke out somewhere in the world, “we will be late to get there, if we want to have full-up equipment to get to the fight.”

On the Marine Corps side, Walters said the service requires 589 ready basic aircraft to train, workup for deployment and operate forward. The Marines have only 439 today, which is still 50 more than it had two years ago. He said readiness numbers are moving in the right direction – most pilots are now receiving between 12 and 14 hours of flight time a month, which is still short of the 16 to 18 minimum requirement but much better than at the height of the recent aviation readiness crisis. However, even reaching these ready basic aircraft and flight hour goals would put the Marines at the minimum requirement to stay current on their certifications, and still falls short of helping the pilots become proficient, or “the A-team” as Walters said. The Assistant Commandant said there was no correlation between the flight hours and fatal crashes that have occurred in recent years, but he said that an inability to build proficiency would hurt the service in a high-end fight.

-- Political Pistachio Conservative News and Commentary

ISIS Children Hunt Prisoners in New Video

By Anita in Canada

WARNING: GRAPHIC VIDEO

http://video.clarionproject.org/2017/ISIS-children-hunting-killing-prisoners-building.mp4

You might have to rewind to the beginning.
How many of these muslim child killers are sitting in Canadian and USA classrooms?  I am willing to bet quite a few.  One is too many.


If you asked Trudeau or Obama they would say "not enough because I got plans and uses for them". Trudeau has already told us he wants to bring in 300,000+ of the muslims PER YEAR.  Paid by our welfare monies - forever. There have already been rumors of Trudeau's medicinal death squads for seniors in Canada.  Just rumors so far.  Except there is one province in Canada that actually has the papers drawn up to implement the hospital death squads.  What's next?

-- Political Pistachio Conservative News and Commentary

Wednesday, February 22, 2017

Sensory Overload

Posted by Douglas V. Gibbs
AuthorSpeakerInstructorRadio Host

While driving to a meeting yesterday morning, driving home after pre-recording one of my radio programs, and driving in the evening to Corona to teach a Constitution Class, I left the radio off.  I turned the phone off.  The car was silent.  It was just me, the wind blowing against my windows, and my thoughts.

I remember when I was young we had those moments of silence.  Time to think, and ponder.  It seems like in today's society of technology we no longer have those moments.  We are always being bombarded with information.  We watch television at home, listen to the radio in our cars, and have our devices on and buzzing during all other moments.

When do we actually return to our humanity, and simply think?

At what point does the sensory bombardment become a sensory overload?

Or, is that what the powers-that-be want?

If we are constantly being entertained, or occupied, how can we stop long enough to realize the tyranny the liberal left is trying to apply?  If we spend all of our time getting what we want, quickly, through technology, is it no surprise that the snowflakes are flipping out because the sensory overload is telling them Trump is not giving them what they want?

Do they even know what they want?

Thoughts.  Silence.  Peaceful alone time.

Shouldn't we all, every once in a while, just turn everything off... and think?

Perhaps, for just a moment, we should quit believing what we are being told, and actually look into the truth for ourselves.  Perhaps, just perhaps, we will realize that the fear and hate being spewed by the liberal left is simply a temper tantrum, and a fear that individualism has finally reawakened.  Their dream of a collective utopia is at risk.  Liberty can be a powerful thing.

-- Political Pistachio Conservative News and Commentary

Sweden in Flames, Media Denies Truth, Trump was Right

By Douglas V. Gibbs
AuthorSpeakerInstructorRadio Host

In short, Trump was right.

While the media was saying Trump had no idea what he was saying about Sweden, riots were breaking out in the immigrant suburb of Rinkeby in Stockholm.

Police officers have been subjected to stone throwing, warning shots have been fired, shops have been looted, shopkeepers are beaten and several cars on fire.

The unrest and rioting includes attacks against the police, with the throwing of stones.

People have been assaulted. Stores have been looted.  The riots are being caused by Muslim refugees.  Migrants.  But the media says large scale immigration in Sweden is working out just beautifully.

Trump says otherwise.

While the New York Times headline is as follows:

Sweden burns.

-- Political Pistachio Conservative News and Commentary

Hey Protesters! Fear and Anger Leads to Hate and the Dark Side!

By Douglas V. Gibbs
AuthorSpeakerInstructorRadio Host

“Fear is the path to the dark side. Fear leads to anger. Anger leads to hate. Hate leads to suffering.” – Yoda

As we watch the leftist idiots continue to go out of their mind, I got to thinking how they seem like they are people who are possessed.  They have scales over their eyes.  They fail to see the dangers of what they cry out for.  Their fear of losing their socialism has led them to anger, which has led them to be hateful people.  Do they not understand that in the end, all they are doing is suffering for the sake of a tyranny that has the goal of making them suffer?  They remind me of an abuse victim crying out because if there is no abuse; they fear they are being ignored.

What they cry for has failed every time it has been tried.

Detroit.

Venezuela.

Soviet Union.

etc.

etc.

etc.

Leftism always fails, and leads to death.  A constitutional republic where the central government is limited and restrained is what made America great. . . not what the snowflakes are demanding.

-- Political Pistachio Conservative News and Commentary

Natural Rights, Liberty, and Responsibility

By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host

Natural Rights are the possession of the citizen, given by God. God, and individuals, existed before government, therefore government has no claim on rights. The Bill of Rights uses language not asking government to guarantee our rights, but telling the government hands off our rights. If government is the greatest threat to our rights, why would the founding fathers desire for government to be the guarantors of those rights?

Rights are an entitlement by God, self-evident, and unalienable. They are ours to defend, protect, and demand.  The greatest risk to our rights is government, not other individuals.

With our rights comes the responsibility to protect them. As with any other possession, it is our duty to safeguard our rights, while ensuring our rights do not interfere with another's rights. Rights do not demand, nor use tyranny to demand their existence. They exist because we do.  Our responsibility to protect our rights means that we must be politically involved to ensure government remains limited, and has no opportunity to interfere with our rights.

As with an intersection and the right to go through it, government may provide certain protections like a stop sign or stop light, but our right to go through that intersection must remain in place.  Same with rights.  While laws at the local level may be created that may be necessary and proper, the infringement upon our rights in a complete manner is still forbidden. . . not because of a constitution or a bill of rights, but because those rights belong to us as a result of God endowing us with them.

We have a right to make a life for ourselves, and protect the possessions that we accumulate with that labor. A good life is a privilege we attain by using our right to work for it and protect it. A good life, itself, however, is not a right, nor is it something government must be required to give. . . especially by taking away from others.  While we are equal, we are not equitable.  While, in God's eyes, and the eyes of government, we are all equal at the starting line, it is our own business how we get to the finish line, and at what position we are at that place.

A good life is not only achieved by hard work and good planning, but by being frugal in one's lifestyle. Any economy can only be successful if it is waged within its means. More going out than coming in can only end in disaster if not corrected soon.  Being thrifty is a virtue.

One's rights, and the appreciation and consideration of other's rights, are the foundation of a strong social order, which can only be achieved if the society is virtuous. Without virtue a culture cannot be godly, and without godliness a culture is destined to destroy itself from within.

A virtuous society is honest, and the people judge each other only by the content of one's character.  A virtuous society is populated by individuals who are self-reliant, personally responsible, and conscious of the rights of other individuals.

Through self-reliance, personal responsibility and hard work, individuals become prosperous, with spreads to the community, making the community itself prosperous. Prosperity, however, always begins with the successes of individuals.

Which all begins with Natural Rights, each of which are a possession of the citizen, given by God.

-- Political Pistachio Conservative News and Commentary

Tuesday, February 21, 2017

Alfonzo Rachel Discusses Milo and CPAC

Posted by Douglas V. Gibbs
AuthorSpeakerInstructorRadio Host



-- Political Pistachio Conservative News and Commentary

Education Industry Gestapo

By Douglas V. Gibbs
AuthorSpeakerInstructorRadio Host

Over the last eight years did we hear of any educator being fired for supporting the policies of Barack Obama?  Of course not.  What if it was on their own time?  Social media?  Nope.

But, if you are pro-Trump, and you are an educator, your job may be in jeopardy...even if you post your support for Mr. Trump on your own private time, on your own social media site.

In Florida an elementary teacher, after posting on her own, personal Facebook page, was reassigned to administrative duties.  Her crime?  

“The funny part about immigrants staying home is the rest of us who pay for them are here at work like we’ve always been. Looks like less mouths to feed today. Have fun while you still can. So glad to hear about massive deportation. Let’s make America great again. Thanks Donald Trump!”
Some parents considered the post to be racist, and were offended.

“My feelings are hurt for our kids,” one mother said. “I couldn’t even believe it. How could a teacher speak like that?”

Speak like what?  Do you have a problem with the fact that Mexico's southern border is a militarized zone with guard towers and a sturdy fence?  Or is it only racist when America tries to protect its own border?

District officials removed the teacher from her classroom and reassigned her to the district administrative center while they investigate.

A petition on Change.org has been launched calling for firing her, and the petition has received more than 3,000 signatures of support in the five days since the incident.

“We understand that as a private citizen Mrs. Fleming should be allowed to express herself, however, as an educator at a school composed of predominantly Hispanic, Haitian, and students of other minorities, one should always be professional and behave as an impartial authority figure that is held to higher standards,” the petition reads.

Impartial?  Do you know how many times I have dealt with pro-Obama, anti-Republican statements by teachers to my grandkids over the last few years, and then I was told I was overreacting?

How was what the Florida teacher wrote racist?  First, there are three "races," black, Mongoloid and Caucasian.  Hispanics are technically Caucasian.  Islam is a political ideology that masks as a religion.  Therefore, racism is not even in the same realm, when it comes to that part of the equation.  Besides, the immigration laws have nothing to do with race, color, ethnicity, religion or political leanings, and everything to do with the law that is currently on the books.  The question is simple.  Did the immigrant, regardless of who they are, follow the law to enter the country, or are they guilty of violating federal law, making them a fugitive?  The immigration laws exist for a reason.  We want to protect the receiving population from potential disease, criminal element, and terrorism.  Am I racist for agreeing with that teacher in Florida?  How about my Mexican wife?  Is she racist for agreeing with the Florida teacher?

Have Americans completely lost their minds?

In Georgia, the consequences for agreeing with Trump on immigration has a greater consequence.
DeKalb County Schools Superintendent Stephen Green issued a warning to teachers in the suburban Georgia County to refrain from promoting President Trump’s policies on border security and legal immigration.
Since the warning was issued two teachers were reportedly forced to resign.
I wonder what would happen to a teacher if they echoed Farrakhan, who has called for the killing of all whites, and someone who was recently welcomed with chants of Allah Akbar in Detroit?  Or what if a teacher repeated what Sarah Silverman said about wanting a military coup to remove Trump from the White House?  Or, what if the teacher repeated Madonna's words about blowing up the White House?  How much do you want to bet the teacher's job would be safe, in those instances?

-- Political Pistachio Conservative News and Commentary

Corona Constitution Class: Executive Powers Continued

Tuesday Night, 6:00 pm
AllStar Collision
522 Railroad St.
Corona, CA  92882
Constitution Class Handout
Instructor: Douglas V. Gibbs
 
 
AllStar Collision, Inc.
522 Railroad Street
Corona, CA
 
 
Lesson 6: Powers of the Executive Branch
 
Article II, Section 2
 
Commander in Chief
 
Section 2 of Article II establishes the President as the Commander in Chief of the Army and Navy, and of the Militia of the several States, when called into the actual Service of the United States.
 
This allows for the President to wage war, if necessary, without Congressional approval. However, if Congress does not agree with the President's actions, they can pull the funding, which would force a discontinuation of the use of the military for whatever operations the President chose them to operate.  In the Articles of Confederation, the powers to wage war, and to declare war, were listed as separate authorities, although in the Articles of Confederation both powers were granted to the Congress.
 
There were extensive debates over war powers. In fact, when the founders were debating over war powers in regards to Article I during their assembly on August 17, 1787, they considered giving to Congress the power to "make war."  A number of reasons brought up during that debate convinced the delegates to give Congress the power to declare war, instead.  This decision left the power to make war with the President, as Commander in Chief.
 
When the Framers of the Constitution were creating the executive branch, the President they had in mind was George Washington.  He was, in their eyes, the perfect President.   The executive branch was fashioned around Washington's personality, and abilities.  The expectations were that the presidents to follow Washington would be similar to Mr. Washington in their level of sacred honor, humility, and ability to properly apply the war powers as necessary, while refraining from becoming involved in foreign entanglements that did not directly affect the United States of America.
 
Among Washington's strengths was that he was a great general.  It became apparent that the President would need to be a strong military leader.  However, the consideration that an executive may take that power and abuse it was in play.  Therefore, a number of checks and balances against the power of the executive branch were put into place.
 
Part of the reason the power to make war was given to the President, and not Congress, has much to do with the time period.  One must consider that when the members of Congress were at home in their districts, it could be as far as the southernmost State of Georgia.  Considering the lack of technology, members of Congress could not just get on a plane, or take a drive, to get to Washington, D.C., quickly.  Even the time it may take to get the messages out to the members of Congress could take longer than the time needed to begin necessary war maneuvers.
 
When it came to war powers, the need was for the Commander in Chief to be quick, decisive, and take care of business as needed.  However, if we have a President acting in a tyrannical manner, launching military operations when it is not necessary, aside from the ability to electorally vote the President out of office, the Congress has two ways to check his behavior.
 
First, Congress can pull funding.  If there is no money, the troops must be brought home.  Second, the Congress has the power to impeach the President if he is becoming tyrannical, or is doing things that he shouldn't (maladministration).
 
One concern that has arisen in today's political environment, largely as a result of the change in the dynamics of our political system by the 17th Amendment in 1913 that changed the Senate from being the voice of the States, to an assembly directly voted into office by public vote, is if both Houses of Congress are in collusion with the President.  A White House administration with both Houses of Congress working with the President could be a recipe for disaster in regards to the rule of law, creating an opportunity for those three parts of the federal government to collude against the people, which would inevitably lead to the rise of an unchecked oligarchy.
 
In the cases of the wars in Iraq, Afghanistan, or Libya, the President had every right to launch those operations.  That is not to say the decisions were correct, or in the best interest of our country, but that the President had the constitutional authority to wage war in those theaters without his actions being accompanied by a congressional declaration of war.
 
When it came to foreign entanglements, the Founders preferred America to stay out of such conflicts unless American interests were directly influenced.  George Washington in his farewell address is actually quite clear on the subject.
 
Congress holding the power to declare war does not mean that the President must ask Congress for permission before waging war.  In today's world it would seem to be the reasonable thing to do, and I believe it would be the proper thing to do, but as far as the Constitution is concerned, congressional approval for a military action is not necessary.
 
A reference used to support the concept of "no war without a declaration" is The War Powers Act of 1973.  The War Powers Act was simply a piece of legislation, and did not change the authorities of the President when it came to his war powers.  The War Powers Act is unconstitutional.  Only amendments can change the authorities granted to the President of the United States.
 
The two Barbary Wars, the first two international wars the United States found herself engaged in, were waged by Thomas Jefferson and James Madison.  Jefferson's engagement against the Muslim States of the Barbary Coast was fought from 1802 to 1805, after Jefferson refused to continue paying a tribute to the Barbary Pirates for safe passage through the Mediterranean Sea.  Hostilities were reignited in 1815, during Madison's presidency.  Both wars were undeclared, waged by Jefferson and Madison without a declaration of war from the Congress, but Congress did appropriate funding for both campaigns.
 
            Calling forth the Militia
 
The President of the United States is not supposed to be all powerful, or the final decision maker in the federal government.  The American System of government is full of checks and balances.  Even as the Commander in Chief, if he is abusing his power as the head of military operations, Congress can defund war efforts, or impeach the President.
 
In Article II the Constitution states that the President is the "Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual service of the United States."  Some have argued that means he is only Commander in Chief when "he" is called into service to do so, which is accomplished by a declaration of war.  That is an erroneous opinion.
 
As Commander in Chief, the President may engage the Army and Navy in war operations as necessary.  This power of Commander in Chief does not extend to the militias at the President's whim.  The President is only the Commander in Chief of the Militia of the several States, when the militia is called into actual service of the United States.
 
The distinction was established so that the President could use military forces against foreign enemies if a quick and decisive decision was necessary, but not against the States, or the American people.  The standing army is not for domestic use to suppress insurrections, or repel invasions.  That is what the militias are for, and the militia can only be put into action by Congress, or State leadership.  The President does not control the militias, nor does he determine when they go into action.  His only relationship with the militias only emerges when they are called into actual service of the United States by the United States Congress.  Then, and only then, the President serves as Commander in Chief over the militias.
 
Article I, Section 8 states that "Congress shall have power to provide for calling forth the Militia to execute the laws of the Union, suppress Insurrections and repel invasions."
 
States cannot call their militia into action "unless actually invaded, or in such imminent Danger as will not admit of delay." (Article I, Section 10)
 
Though the President is tasked with "faithfully executing the laws of the United States" as stated in Article II, Section 3, and he can do so with executive departments such as I.C.E., and the Border Patrol, the actual call for the militia (National Guard, State Militias, unorganized militia) to protect the border is the responsibility of Congress, and State leadership.
 
            Executive Departments and Agencies
 
Article II, Section 2, Clause 1 indicates the President may "require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective offices."  This part of this clause is a good indication that the Founding Fathers felt the President should consult others when making decisions, especially those familiar with the departments in question.
 
The existence of the different executive departments is constitutional, as long as they are established to handle constitutional duties of the federal government, and their powers are limited within constitutional allowances.  Originally, there were only four executive departments (and five if you separate the War Department and Department of the Navy); the War Department, the State Department, the Department of the Treasury, and the Department of Justice.  The Department of the Navy served as a separate department until 1947, but worked closely with the Department of War.
 
There are many departments in the executive branch that are unconstitutional, and should not have even been established.  The Education Department, for example, is unconstitutional in its current form because there is no place in the Constitution that gives the federal government the authority to regulate, or be involved in, education.  Therefore, as per the 10th Amendment, education is a State issue. 
 
The Energy Department and the Environmental Protection Agency are also unconstitutional.  The federal government has no authority to regulate those issues.  However, if those departments did not regulate, but only kept studies and records of those issues, then the existence of those agencies may be acceptable.
 
The executive branch can have departments and agencies that study issues not authorized by the Constitution to fall under the federal government, but they cannot have any regulatory power because any federal laws regarding those issues are not constitutionally authorized to the United States Government.  Regulations are directly connected to laws, and laws must be constitutional in the first place in order to be considered the supreme law of the land.
 
Despite these agencies not being legally allowed to regulate unconstitutional law, agencies like the EPA are doing just that.  In fact, the EPA is regulating independently, literally legislating through regulations.  In other words, the EPA, as well as other agencies, have been enacting their own regulations without the benefit of a law being on the books, revealing the danger of having unconstitutional departments and agencies.
 
This is not to say we should not have the various departments and agencies of the executive branch.  Some of them are constitutional, and absolutely necessary.
 
Correction of federal unconstitutionality can be sought through concepts known as Republic Review, and nullification.  By using a convention of delegates from the several States to determine the unconstitutionality of particular laws, actions, or departments of the federal government, the States can be encouraged to work together to nullify the unconstitutional regulations set forth by the various federal agencies.  The States have the authority to take care of their own business, and if a federal agency tries to regulate an issue that falls under the State's powers, the States have the right to ignore that regulation.
 
A common belief is that if we do not have these various federal agencies regulating things like food, energy, and actions against the environment, people will just act in ways that are unacceptable and dangerous.  The opposition to the Constitution will tell you that we need the federal government to make sure that our food is safe, energy is used properly, and corporations are not polluting our fragile environment.
 
Local issues are supposed to be handled at the local level, and the people, through their States, are more than capable of properly regulating these issues as necessary, but in a manner that is consistent with the local opinion of the electorate.
 
The Founding Fathers did not trust a large, centralized, national government, hence, the reason the Framers only granted to the federal government authorities regarding external issues, and the power to act as a mediator between the States in the case of disagreement. 
 
            Reprieves and Pardons
 
The President is also given the power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.  This was one of the first functions President Gerald Ford took advantage of when he took office after President Richard Nixon resigned, pardoning Nixon so that no criminal cases could be brought against him.  No impeachment procedure had ensued, so Ford was constitutionally allowed to grant the pardon.  It has been suggested that is why Nixon resigned.  If he had not resigned, and was impeached, the next President would not have had the authority to pardon him.
 
The President is granted the ability to make treaties and to nominate members to the executive branch, Supreme Court, and other offices not expressly provided for in the Constitution.  Agreement and consent of two thirds of the Senate is necessary for any treaty, or nomination for that matter, to become effective.  The advise and consent powers granted to the United States Senate was a way of disallowing the executive branch from mirroring the centralized British Model of unilateral control under the king.  The authority also gave the States the allowance to approve or disapprove any action by the President by requiring that the Senate concur with two-thirds vote.
 
The purpose of giving advise and consent powers to the U.S. Senate refers us back to the original dynamics of the United States government.  The Senators in the U.S. Senate were appointed by the State Legislatures before the appearance of the 17th Amendment in 1913.  The Senate was the States' representation in the federal government.  The Senators were the voice of the States.  Treaties, appointments, and other executive functions, though executed by the President, requires approval by the Senate.  The States, as with the granting of powers to the federal government in the first place through the articles of the Constitution, had the power to approve or disapprove the President's actions through the U.S. Senate in a manner much like parents grant permission to their children before a child can perform a particular action.  After all, the Senate was the voice of the States, and it was the States that created the federal government in the first place.
 
This was an important check upon the executive branch by the States.
 
The executive branch requiring the consent of the U.S. Senate for some of its actions reminds us of the amendment process.  As with treaties and appointments by the executive branch, amendments must be approved, or ratified, by the States.  In the case of amendments, however, the vote is three-quarters of the States in order to ratify.
 
The federal government, be it through amendments, or executive actions, needs the permission of the States.
 
Remember, the States once held all powers.  It was the States that provided the authorities to the federal government so that it may exist, and function.  The States had original authority over all powers, and decided to grant a few authorities to the federal government so that it may operate in a necessary manner - specifically for the purpose of protecting, preserving, and promoting the union.
 
The States gave permission to the federal government to function in a manner prescribed by the Constitution.
 
An opponent to the originalist viewpoint of the Constitution once said to me, "You have it all wrong.  The federal government tells the States what to do."
 
If that was the case, then why would the President need to get the consent of the U.S. Senate to make treaties, and two-thirds of the Senators present have to concur?  Why would the President's nominations need to be interviewed and approved by the Senate?  And with that in mind, remember that before the 17th Amendment in 1913, the Senate was the voice of the States.
 
The executive can do very little without the Senate's approval.
 
War Powers seems like an exception on the surface, but even the authority to make war has its checks by Congress.
 
For the most part, it is up to the people and the States through Congress to ensure the President does not act in a manner unbecoming of the office.
 
This check is designed to protect us from tyranny.
 
Imagine how different the appointment hearings of Supreme Court justices have become, now that the Senate is no longer the representation of the States, anymore.  The questions are probably very different than they otherwise would be.  Now, the House and the Senate are really not a whole lot different.  They are both voted in by the popular vote.  Before 1913, the Senate was the voice of the States.
 
I wonder how the questions posed to the Supreme Court nominees would be different if the Senate still belonged to the States.  Perhaps the questions would be more in line with protecting State sovereignty.  Surely the concerns of the States would be behind much of the questioning.
 
The 17th Amendment changed the dynamics of our government.  One of the reasons our federal government is constantly acting unconstitutionally is because it is now structured unconstitutionally.  The people voting for the Senators, rather than the Senators being appointed by the State legislatures, is not in line with what was originally intended.  With the voice of the States removed, the government cannot function as intended because the proper checks and balances are not in place.  The 17th Amendment introduced ideology into the Senate, and removed one of the checks necessary to protect us against a federal government constantly seeking to become more expansive.
 
            Recess Appointments
 
The final clause of Article II, Section 2 of the U.S. Constitution states: The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
 
This clause refers to what is called a recess appointment.  A recess appointment is the appointment of a senior federal official (department head, judge, etc.) by the President while the U.S. Senate is in recess.  As the voice of the States in the federal government, the Senate must confirm all appointments of senior federal officers before they assume office.  However, while the U.S. Senate is in recess, and during the early years of this nation that meant they could be a few days ride away, the President can make a recess appointment without Senate confirmation.  However, the appointment only remains in effect until the next session.  A recess appointment must be approved by the Senate by the end of the next session of Congress, or the position becomes vacant again.
 
Remember, the House of Representatives and the Senate were originally made up very differently from each other.  The Representatives go to Washington to serve their district, and to act in accordance with the will of the people in their district, making the House of Representatives literally the voice of the people in the federal government.
 
The Senate was made up of Senators appointed by the State legislatures.  The Senators represented the States, and they made up the State coalition of the federal government.  It was through the Senate that the States had representation in the federal government, and could ensure, along with the House of Representatives, to provide a series of checks against the executive branch.
 
Part of the way to control power is to divide it.  Then, after you divide the power, divide it again.  Then, make the powers of the separate branches different from each other, that way they do not collude together against the people, or other branches of government.
 
One of the fears of the Founders was that the branches would collude together in an effort to take away individual freedoms.
 
By requiring the Senate to confirm appointments by the Executive, it kept a leash on the Executive.  Even in a recess appointment, when the President could appoint without confirmation by the Senate, confirmation would still eventually be needed or else the seat became vacant again.  This kept the Executive from surrounding himself with a group of cronies the States did not approve of.
 
 
Terms:
 
Advise and Consent Powers - Treaties, appointments, and other executive functions, though executed by the President, requires the advise by, and the approval of, the Senate.
 
Collusion - Conspire together.
 
Foreign Entanglements - Unnecessary involvement with other nations.
 
Ideology - A set of political or economic ideas that forms the basis of economic or political theory and policy.
 
Impeachment - To charge with misconduct.  Formal process that may lead to removal of an official accused of unlawful activity; impeachment does not mean the removal from office, though removal from office is often the result of impeachment proceedings.
 
Militia - An army composed of ordinary citizens rather than professional soldiers; a military force that is not part of a regular army and is subject to call for service in an emergency; the whole body of physically fit civilians eligible by law for military service.
 
National Government - Any political organization that is put in place to maintain control of a nation; a strong central government that does not recognize the individualism or local authorities of the smaller parts, such as states, of the nation.
 
Nullification - State power to ignore unconstitutional federal law.
 
Nullify - See Nullification.
 
Oligarchy - Government by a few powerful persons, over the many.  A state governed by a few persons.
 
Recess Appointment - The appointment of a senior federal official (department head, judge, etc.) by the President while the U.S. Senate is in recess.
 
Republic Review - A convention of delegates representing the several States in order to audit the laws, actions, and composure of the United States federal government; a review of unconstitutional characteristics of the federal government based on the amendment ratification concept that if it takes three-quarters of the States to ratify an amendment, a quarter (plus one) of the States determining a law, action or department of the federal government to be unconstitutional allows the States to nullify the item.
 
United States Senate - The House of Congress in which each State enjoys equal suffrage of representation, with two Senators per State.  The appointment of Senators was originally by their State legislatures, creating a natural check and balance between the House of Representatives, and the U.S. Senate.  The appointment of Senators was changed to the popular vote of the people by the 17th Amendment in 1913.
 
War Power - Power exercised in the prosecution of war.
 
Questions for Discussion:
 
1.  What is the difference between the power to Wage War, and the power to Declare War?
 
2.  What is meant by "Commander in Chief?"
 
3.  Why should, or shouldn't, the United States engage in foreign entanglements?
 
4.  Why is the War Powers Act of 1973 unconstitutional?
 
5.  How can the States protect against a President abusing his war powers?
 
6.  When are State Militias under State authority, and when are they under federal authority?
 
7.  When is the President the Commander in Chief over the State Militias?
 
8.  Regulatory Agencies are constitutional, but their regulations must conform to what authorities granted?
 
9.  What is the difference between impeachment, and being removed from office?
 
10.  When are recess appointments allowed?
 
11.  What is a pro-forma session?
 
 
 
Resources:
 
Joseph Andrews, A Guide for Learning and Teaching The Declaration of Independence and The U.S. Constitution - Learning from the Original Texts Using Classical Learning Methods of the Founders; San Marcos: The Center for Teaching the Constitution (2010).
 
Madison's Notes Constitutional Convention, Avalon Project, Yale University: http://avalon.law.yale.edu/subject_menus/debcont.asp
 
 
 
Copyright Douglas V. Gibbs 2015