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Opinion

The American Experiment Has Gone Down In Flames

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From the Daily Caller News Foundation

By CRAIG STANFILL

 

What are we to do about it?

In the late eighteenth century, a group of unusually enlightened men gathered to plot rebellion against the most powerful military power of the day. Their grievances were many, set down in the Declaration of Independence. This storied document was many things, but above all it was a cry of rebellion against tyranny: against the arbitrary, capricious and unwelcome rule of the English over the colonies. It was a cry for liberty.

Against all odds, their rebellion succeeded and, a few years later, they met once again to devise a form of government that would be strong enough to see to those things that only government can do, such as military defense and the enablement of trade between the states. They were, however, leery of the dangers of tyranny, and so they crafted a unique form of government: a federal republic, with power dispersed among the several states, and numerous checks and balances to prevent abuse.

It was a noble experiment, and it served us well for centuries, but it is essential that we understand that this experiment has now failed in its primary purpose: to secure our liberties and to forestall tyrannical rule.

The evidence of this failure is indisputable to anyone with eyes to see. Unelected bureaucrats can impose their will on the citizenry in a way that so far exceeds the arbitrary and capricious rule of the English as to stagger the imagination.

They are imposing upon us regulations to all but outlaw vehicles powered by fossil fuels. They have decreed that a woman can become a man, and a man can become a woman, with utter disregard for biological reality.

They have colluded with the internet oligarchs to censor dissent and to silence their political opponents. They are using the mechanisms of law enforcement to protect their friends and to persecute their enemies.

The intelligence services are spying on Americans, and the FBI looks more and more like the secret police with every passing day. I am afraid of my government; I fear the knock on the door in the middle of the night. The grievances listed in the Declaration of Independence look trifling by comparison.

If the Democrats get their way, it will get even worse. They have made it clear that they intend to undo the system of checks and balances that have kept tyrants at bay for centuries. They will eliminate the Senate filibuster.

They will pack the Supreme Court and turn it into something like the Soviet Politburo, an organ of political power unaccountable to the people with absolute authority over every aspect of life. They will continue to push for non-citizen voting rights, allowing millions of illegal immigrants to vote in key local and state elections.

And, perhaps worst of all, power will be further centralized in Washington under the Democrats, who will willingly crackdown on local and state governments that don’t adopt their left-wing vision. In short, a form of absolute tyranny will be established.

Our constitution was designed to prevent this from happening. It is time for us to recognize that our experiment in self-rule has failed, and that we must do something about it before it is too late.

How did we get here? It all starts with federal money. Money is, and always has been, a profoundly corrupting influence in government. This has been true throughout history, going back to the Romans and even before.

Money is power. Money is control. Money gives you the ability to reward your friends and punish your enemies. Federal money has become a lever used by the bureaucrats to impose their will on state and local government, emasculating the federal system.

The Biden administration is giving away trillions of dollars in public funds to support its allies and to buy votes with the money they’ve taken from us. But no matter how many trillions of dollars they fritter away, it’s never enough, and they are on the verge of spending the country into bankruptcy. The system they have constructed will inevitably collapse, and take us down with it.

What then shall we do? How can we reclaim our lost freedom and save ourselves from the coming tyranny?

To do this, we need to be as bold as our opposition. They have stated that the American system is to be burned to the ground and replaced with something new. I agree, in part. Yes, burn it to the ground — but replace it instead with something old: the Federal Republic the founders intended us to have. This will require a massive — and I mean massive — reduction in the size and the scope of the government, and a return to its stated purpose, as eloquently laid out in the Preamble to the Constitution of the United States:

“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

This, and no more.

Craig W. Stanfill (@craigwstanfill) is a computer scientist, software entrepreneur, and the author of the AI Dystopia science fiction series.

The views and opinions expressed in this commentary are those of the author and do not reflect the official position of the Daily Caller News Foundation.

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Daily Caller

US Supreme Court Has Chance To End Climate Lawfare

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From the Daily Caller News Foundation

By David Blackmon

All eyes will be on the Supreme Court later this week when the justices conference on Friday to decide whether to grant a petition for writ of certiorari on a high-stakes climate lawsuit out of Colorado. The case is a part of the long-running lawfare campaign seeking to extract billions of dollars in jury awards from oil companies on claims of nebulous damages caused by carbon emissions.

In Suncor Energy (U.S.A.) Inc., et al. v. County Commissioners of Boulder County, major American energy companies are asking the Supreme Court to decide whether federal law precludes state law nuisance claims targeting interstate and global emissions. This comes as the City and County of Boulder, Colo. sued a long list of energy companies under Colorado state nuisance law for alleged impacts from global climate change.

The Colorado Supreme Court allowed a lower state trial court decision to go through, improbably finding that federal law did not preempt state law claims. The central question hangs on whether the federal Clean Air Act (CAA) preempts state common law public nuisance claims related to the regulation of carbon emissions. In this case, as in at least 10 other cases that have been decided in favor of the defendant companies, the CAA clearly does preempt Colorado law. It seems inevitable that the Supreme Court, if it grants the cert petition, would make the same ruling.

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Such a finding by the Supreme Court would reinforce a 2021 ruling by the Second Circuit Appeals Court that also upheld this longstanding principle of federal law. In City of New York v. Chevron Corp. (2021), the Second Circuit ruled that municipalities may not use state tort law to hold multinational companies liable for climate damages, since global warming is a uniquely international concern that touches upon issues of federalism and foreign policy. Consequently, the court called for the explicit application of federal common law, with the CAA granting the Environmental Protection Agency – not federal courts – the authority to regulate domestic greenhouse gas emissions. This Supreme Court, with its 6-3 conservative majority, should weigh in here and find in the same way.

Boulder-associated attorneys have become increasingly open to acknowledging the judicial lawfare inherent in their case, as they try to supplant federal regulatory jurisdiction with litigation meant to force higher energy prices rise for consumers. David Bookbinder, an environmental lawyer associated with the Boulder legal team, said the quiet part out loud in a recent Federalist Society webinar titled “Can State Courts Set Global Climate Policy. “Tort liability is an indirect carbon tax,” Bookbinder stated plainly. “You sue an oil company, an oil company is liable. The oil company then passes that liability on to the people who are buying its products … The people who buy those products are now going to be paying for the cost imposed by those products.”

Oh.

While Bookbinder recently distanced himself from the case, no notice of withdrawal had appeared in the court’s records as of this writing. Bookbinder also writes that “Gas prices and climate change policy have become political footballs because neither party in Congress has had the courage to stand up to the oil and gas lobby. Both sides fear the spin machine, so consumers get stuck paying the bill.”

Let’s be honest: The “spin machine” works in all directions. Make no mistake about it, consumers are already getting stuck paying the bill related to this long running lawfare campaign even though the defendants have repeatedly been found not to be liable in case after case. The many millions of dollars in needless legal costs sustained by the dozens of defendants named in these cases ultimately get passed to consumers via higher energy costs. This isn’t some evil conspiracy by the oil companies: It is Business Management 101.

Because the climate alarm lobby hasn’t been able to force its long-sought national carbon tax through the legislative process, sympathetic activists and plaintiff firms now pursue this backdoor effort in the nation’s courts. But their problem is that the law on this is crystal clear, and it is long past time for the Supreme Court to step in and put a stop to this serial abuse of the system.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

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Crime

U.S. seizes Cuba-bound ship with illicit Iranian oil history

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President Trump revealed Wednesday afternoon that U.S. authorities intercepted a Cuba-bound oil tanker off the Venezuelan coast, a dramatic move aimed at tightening the squeeze on illicit oil networks operating throughout the region. Speaking to reporters at the White House, Trump described the vessel as “a very large tanker — the largest one ever seized in action,” hinting that more developments are coming. He declined to get into specifics, saying only that the operation happened “for a very good reason.” When asked about the tanker’s crude, Trump didn’t overcomplicate it. “Well, we keep it, I guess,” he said.

According to a U.S. official familiar with the operation, the seizure was executed by the Coast Guard with support from the U.S. Navy after a federal judge green-lit the warrant roughly two weeks ago. Another official told the New York Times the ship — identified as the Skipper — had been sailing under a falsified flag and has a documented history of trafficking illicit Iranian oil. The vessel, although carrying Venezuelan crude at the time, was seized because of those Iranian smuggling ties, not because of any direct connection to Nicolás Maduro’s regime.

Vanguard, a UK-based maritime risk firm, confirmed Wednesday that the Skipper fits the profile of a tanker previously sanctioned by the United States for operating under the alias Adisa while moving banned Iranian oil. A source speaking to Politico said the ship was on its way to Cuba, where state-run Cubametales intended to flip the cargo to Asian brokers — an increasingly common workaround as U.S. sanctions isolate both Havana and Caracas from traditional buyers. With most Venezuelan product now flowing to China under the sanctions regime, oil traders began recalibrating almost immediately after the news broke. Prices ticked upward modestly as markets waited to learn whether any Venezuelan crude was on board and how much would be effectively taken off the table.

Maduro, for his part, avoided directly mentioning the seizure during a speech later Wednesday, instead railing against the United States and claiming Venezuela’s military stands ready “to break the teeth of the North American empire, if necessary.” His bluster did little to obscure the reality: the Trump administration just disrupted yet another shadowy oil operation linking Caracas, Havana, and Tehran — and sent a clear signal that these networks will be confronted, tanker by tanker.

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