Putting bicycles ahead of people

by Tom DeWeese

This is a story of raw power, collusion and government corruption. A story that is taking place in countless towns all over America. A story of “reinvented” government, where self-proclaimed private “stakeholders” and pressure groups set the rules, local elected officials rubber stamp them, and non-elected regional governments enforce them, sometimes with an iron fist – all with no input from citizens, and apparently no rights for private citizens and property owners to stop them or even have a say.

It’s the story of the destruction of private property rights in America. Of injustice and tyranny. Of unaccountable government run amok. We need to take action! (See below, in blue, for what you can do.)

The “construction limits” stake in this photo is less than 5 ft from the front wall of the Granato home. The “essential” bike path is just a foot from the sign, where the front yard used to be.

Jennie Granato is a tax-paying citizen of Montgomery County, Ohio. She and her family own a 165-year-old historic house and farm just outside of Dayton. They’ve lived there forty years. On July 31, Jennie’s front yard was demolished – thanks to local, county and planning commission bureaucrats!

The Miami Valley Regional Planning Commission (MVRPC) has begun seizing people’s private property for its latest “essential” project – a $5-million bike path extension! It has seized almost all of Jennie’s front lawn. The bike path will come within just a few feet of her front door!

Jennie and her family tried for over a year to negotiate and reason with this unelected planning commission. Unfortunately, their neighbors were advised by lawyers not to say anything publicly about the pending land grab, so the media viewed it as a non-story. The county and its appraisers kept stalling, saying they wanted a meeting with Jennie, even as they ignored her pleas and offered a pittance for taking her front yard, and likely driving the value of her home down by tens of thousands of dollars.

The meeting never came – and officials didn’t even allow Jennie’s uncle to speak at a hearing. But the bulldozers certainly came! Last week, with no warning, they just started demolishing trees. Jennie and her family still own the property – BUT the county has barged in, torn out their trees and destroyed their front yard! They will never be able to walk out their front door again, without worrying that they will be run over by bicyclists roaring by at 10 or 20 miles per hour, just inches from their bottom step.

The government trucks and bulldozers also precipitated an even worse tragedy. Jennie’s 85 year old mother became so upset over seeing the government’s heavy machinery destroying her yard and favorite trees that she suffered a heart attack and died.

Of course the government refuses to accept any responsibility for this tragedy. It was just promoting the “public welfare” of the private “stakeholders” and pressure groups it works with.

That too has become far too common. The government and these groups want more and more control over our lives, more power to tell us what we can and cannot do with our property and lives. But they accept no transparency and no accountability, responsibility or liability when their actions hurt … or even kill … someone – or when they destroy the property values, peace and integrity of a home.

The MVRPC is an unelected regional government force driven by federal Sustainable Development grant money. It never faces voters over its actions or positions of seemingly unbridled power. It simply deals with other government agencies – local, state and federal – and with private groups like the American Planning Association, ICLEI Local Governments for Sustainability, and a hoard of other organizations that represent faux “conservation and environmental” interests whose real motivation is money, and the power to control our lives.

CONTINUED:  Putting bicycles ahead of people

Supreme Court Upholds Property Development Rights

The U.S. Supreme Court handed property owners across the United States a big win, ruling Florida environmental officials violated a landowner’s constitutional rights by demanding money or a conservation easement in return for permission to develop alleged wetlands on his property.

The U.S. Supreme Court ruled governments have to show their demands for money or conservation easements to offset permits for land development are in direct relation to the perceived damages that development might bring.

20-Year Legal Battle
The case centered on Florida landowner Coy Koontz Sr. and his family, and it wound through courts for nearly 20 years. The Koontz family owned a 15-acre parcel of land outside Orlando. They wanted to develop three acres of it, and even agreed to donate the rest for conservation. But St. Johns River Water Management District officials wanted more.

District officials told the Koontz family they had to either develop less of their land while giving a greater portion of it to government officials in the form of a conservation easement, or pay as much as $150,000 to improve government-owned property several miles away from the Koontz’s property.

CONTINUED:  http://news.heartland.org/newspaper-article/2013/08/05/supreme-court-upholds-property-development-rights

VITTER: Endangered Species Act's hidden costs - Washington Times

VITTER: Endangered Species Act's hidden costs - Washington Times
Sen. David Vitter
February 8, 2013

At least you have to give President Obama high marks for creativity in his latest attempt to curtail freedom and individual rights. Specifically, I'm talking about Mr. Obama's assault on private property rights through the abuse of the Endangered Species Act.

I strongly support protecting endangered species. No one I know wants to see a species go anywhere near extinction. The far-left environmentalists in the Obama administration, however, have gone way beyond this by settling litigation with their allies in environmental groups behind closed doors. Through these secret settlements, they are advancing a much more radical, aggressive agenda than anything that is actually mandated by law.

This is a tactic called “sue-and-settle,” and it has become a central tool used to advance the radical environmental agenda. This is how it works: Far-left environmental groups sue the federal government — in this case, under the Endangered Species Act — claiming that the government is not satisfying its regulatory obligations. Then the groups and their friends in the administration draft a settlement agreement completely behind closed doors. No other stakeholder or representative of the public is provided the opportunity to shed light on how they might be impacted. The parties then get the judge to bless their agreement. That’s usually easy, since he doesn’t get to hear any opposing arguments and is often eager to get rid of what would otherwise be a complicated, time-consuming case.

In 2011, the Obama U.S. Fish and Wildlife Service did exactly this in concert with far-left environmental groups. That settlement teed up more than 250 species and their potential critical habitat for review and eventual onerous regulation. This future regulation could prohibit many beneficial uses of tens of millions of acres of private property. All this was set in motion while no affected landowner or other stakeholder was given any opportunity for input.

It’s like settling a commercial lawsuit for millions of dollars — only the party affected by the judgment is excluded from the entire process. He can’t present any evidence, make any argument to the judge or react to the proposed settlement in any way. The only ones involved are the person receiving the check, his family and friends.

The results of this grossly unfair system are what you might expect. Settlements go way beyond what is actually required by law. In the case of abuse of the Endangered Species Act, vast amounts of federal, state and private land are being partly or wholly taken out of commerce. This means well-paying jobs and other positive economic activity are lost.

As President Abraham Lincoln recognized, the right to own private property is both a personal constitutional right and a vitally important public good. “Property is the fruit of labor … property is desirable … a positive good in the world.”

CONTINUED:  http://www.washingtontimes.com/news/2013/feb/8/endangered-species-acts-hidden-costs/#ixzz2KJibH12e

LEGISLATIVE UPDATE JUNE 11, 2012

Federal Budget, Spending & Taxes

• No Budget: Tuesday, June 12 marks the 1140th day since the Senate has passed a budget under the leadership of Harry Reid (D-NV).
• Difference in Debt: Some of you may have noticed the media claiming that the CBO recently said that our federal debt would reach 70% of GDP sometime this year. But those of us paying attention noted that our debt passed 100% of GDP in December of 2011. So why the difference? The CBO is NOT counting intragovernmental debt. There is publicly held debt (debt held by bondholders, etc.) and debt held by government agencies. The CBO’s numbers only reflect the debt held by the public – they do not account for the debt held by the government! But it’s all debt that we are responsible for paying back, so the accurate number is the one that shows the debt exceeding 100% of GDP.
• Blame Game: The Democrats are now trying to say that the Republicans and the Tea Party have sabotaged the economy in order to win an election. This will be the new narrative for a while, so think about how you would like address it and respond to it.
• Meaning of Austerity: Watch this video of Veronique de Rugy discussing the different types of austerity. Also read her article about how European fiscal austerity doesn’t mean spending cuts.  And don’t forget to read the report by Harvard academics about how cutting spending and raising taxes has a historically bad track record, & how spending cuts only are the way to go.
• Tripled: Also in that CBO report was the fact that the debt is on track to TRIPLE in one generation! Now, remember they only looked at publicly held debt, so you can imagine how much worse it really is when we take into account the intragovernmental debt.

Regulations and Jobs

• REIN-ing in the Regulators:  Last December the House passed the REINS Act, which would have required Congress to vote “on a resolution of approval concerning every “major” regulation (with an economic impact of $100 million or more).” The Senate, of course, is useless when it comes to doing anything. Obama has threatened to veto the REINS Act should it reach his desk. This could be a great campaign issue in 2012 – ask your candidates about where they stand on it. Read more about the REINS Act here.
• Not Hiring:  Read about the personal stories of business owners who are afraid to start hiring again because of the regulatory adventurism of this administration, and the uncertainty of future tax rates.
• 3 Lies:  Read about the three lies of government statistics on unemployment - Remember this when you hear Obama’s Department of Labor crowing over some less-than-stellar unemployment numbers. And be sure to pass this on to anyone who you talk to that thinks the numbers are looking good. Apparently some people think that adding 69,000 jobs in one month is pretty darn impressive.
  Horrible Recovery:  In light of Obama’s comment about the private sector “doing fine,” check out this graph from the RSC to see how “fine” the private sector is really doing. Hint: waaaaaaaaaaay below average.

Obamacare

Thank you to the Alexandria Tea Party for collecting these links.

• Religious Freedom Rallies in 49 States
• House Takes Up Job-Killing Device Tax (& it passed this past week)
• Medical Loss Ratios Threaten Insurer Viability
• Home Tax Clobbers Middle Class
• Cost Curve Bent Upwards, Not Down
• Study Finds that Exchanges Won’t Work as Advertised
• High Deductible Plans Lead to Lower Spending
• Obamacare Diagnosed as Quackery
• Does Obama Already Know the SCOTUS Decision?
• Physician Survey – Doctors Not Happy With Obamacare

Property Rights & Sustainability

• Alabama Outlaws Agenda 21 – more info here
• House Defunds Two Egregious Ocean Policies
• UN Wants to Tax America
• Good Article from Tom DeWeese
• VIDEO: Rand Paul on His Bill to Curb the FDA’s Power
• See Agenda 21 Happening in Detroit

Illegal Immigration

• A Bill to Stop the DOJ from Suing States Over Their Immigration Laws

House of Representatives



Weekly summary and look-ahead provided by the RSC. Posting information from the RSC does not imply TPP endorsement of the RSC.


Weekly Wrap Up

• Partial Obamacare Repeal — Last Thursday, the House approved H.R. 436, the Health Care Cost Reduction Act, by a vote of 270-146. The legislation combines four bipartisan bills that would remove harmful limitations put in place by Obamacare. This will result in saving up to 47,000 jobs, supporting medical innovation, reducing health care costs, and providing Americanfamilies more choice and flexibility. The bill repeals the 2.3 percent excise tax on medical devices scheduled to take place in 2013; repeals the limitation on reimbursement of the over-the-counter medications from health savings account (HSA), flexible spending arrangement (FSA), health reimbursement arrangement (HRA), or medical savings accounts (MSA) that took effect in 2011; and allows 33 million consumers of health FSAs to “cash out” unused funds (capped at $500) at the end of the year. Finally, the bill eliminates exchange subsidy overpayments (the subsidies—refundable tax credits—are determined based on the most recent tax return, thus an overpayment could occur when actual incomes exceed subsidy eligibility thresholds). The Congressional Budget Office estimates that H.R. 436 reduces the deficit by $6.7 billion over the 2013-2022 period. Conservatives remain committed to the full and total repeal of Obamacare, especially in light of the looming Supreme Court decision. Many conservatives worry that partial repeal and “fix-it” bills will divide and distract the coalition for repealing Obamacare and restarting on conservative health care reform.
• Transportation Spending – Last week, conservatives used a procedural vote called a “motion to instruct conferees” to force a debate and vote on transportation spending. These motions are used to send a message to the conference committee—this time on the highway bill—regarding the prerogatives of one chamber of Congress. Although not binding, conservatives hope that these motions will highlight conservative priorities on transportation The first motion, offered by Rep. Jeff Flake (AZ), stipulates that states must receive back from the federal government at least 95% of the revenue they pay into the Highway Trust Fund. Under the current system, some states are unfairly rewarded at the expense of other states. The motion passed 259-154. The second motion, offered by Rep. Paul Broun (GA), states that federal highway spending cannot exceed the user fee revenues of the Highway Trust Fund. Currently, highway spending exceeds the revenues of the trust fund and borrows from the general fund. Conservatives have long argued that federal highway spending should not spend money that does not come from the Highway Trust Fund. Unfortunately, this motion was rejected82-323.

NOTE: 145 Republicans voted AGAINST this bill that would have forced federal highway spending to operate within the existing revenue. See the votes here, meaning they voted FOR irresponsibility and higher spending - even when the money isn't there.

• Energy and Water Appropriations — Last Wednesday, the House approved H.R. 5325, the Energy and Water Appropriations Act of 2013, by a vote of 255-165. The bill provides a total of $32.09 billion in non-emergency, discretionary budget authority for the agencies and programs funded through the Energy and Water Development Appropriations bill. Budget authority in the bill is a reduction of $965 million, or 3 percent below, the spending level requested by the President for FY 2013. Unfortunately, the bill is also $87 million, or 0.2 percent, above the FY 2012 funding level.

The following amendments to the Energy & Water Appropriations bill should be of interest to conservatives.


o McClintock (R-CA) – Cuts the Energy Efficiency and Renewable Energy program by $1.45 billion. Rejected 113-275.
o Chaffetz (R-UT) – Cuts the Advanced Manufacturing Program by $74 million, to FY 2011 levels. Rejected 140-245.
o Broun (R-GA) – Cuts the Energy Efficiency and Renewable Energy program by $335 million. Rejected on voice vote.
o McClintock (R-CA) – Eliminates nuclear energy research subsidies (saves $514 million). Rejected 106-281.
o Connolly (D-VA) – Eliminates oil shale research and development subsidies (saves $25 million). Passed 208-207-1.
o Chabot (R-OH) – Eliminates funding for the regional commissions, such as the Appalachian Regional Commission (saves $99.3 million). Rejected 141-276.
o Kucinich (D-OH) – Prohibits funding for loan guarantees under Title 17 of the Energy Policy Act of 2005 (this is the program that funded Solyndra). Rejected 136-282.
o Blackburn (R-TN) – 1% across the board cut to discretionary spending (would cut $321 million). Rejected 157-261.
o Mulvaney (R-SC) – Would bring the bill toward RSC budget levels by cutting $3.1 billion. Rejected 125-293.
o King (R-IA) – Prohibits funding of Davis-Bacon union wage requirements. Rejected 184-235.
o Jordan (R-OH) – Prohibits loan guarantees for renewable energy systems, electric power transmission systems, or leading edge biofuel projects—aka Solyndra. Passed by voice vote.
o Landry (R-LA) – Prohibits funds being used for a national media campaign on green technologies. Passed by voice vote.
o Schweikert (R-AZ) – Prohibits funds being used to enforce federal shower head regulations. Passed by voice vote.
o Flake (R-AZ) – Across the board spending cut that would keep funding at FY 2012 levels ($87.5 million savings). Rejected 144-274.

• Homeland Security Appropriations — Thursday, the House approved H.R. 5855, the Department of Homeland Security Appropriations Act of 2013, by a vote of 234-182. The bill provides $39.1 billion in discretionary budget authority for programs funded through the Department of Homeland Security (DHS) for Fiscal Year 2013. Unlike previous years, funding for the Coast Guard’s support of the Global War on Terror/Overseas Contingency Operations are not included in the bill and are instead provided via transfer of $254 million from Department of Defense, Navy, Operations & Maintenance. Discretionary budget authority in the bill is $484 million, or 1.2 percent, less than last year and $393 million, or 1 percent, below the President’s request.

The following amendments to the Homeland Security Appropriations bill should be of interest to conservatives.


o Broun (R-GA) – Reduces administrative expense accouns by 3% (saves $500,000). Rejected 140-273.
o Broun (R-GA) – Eliminates all funding for TSA (saves $5.041 billion). Rejected by voice vote.
o Flake (R-AZ) – Cuts $412.9 million from FEMA state and local programs (a reduction to FY 2012 levels). Rejected by voice vote.
o Black (R-TN) – Prohibits funding for the position of Public Advocate within Immigration and Customs Enforcement. Passed by voice vote.
o King (R-IA) – Prohibits funding to enforce an executive order which mandates the Department of Homeland Security to use languages other than English. Passed 224-189.
o King (R-IA) – Prohibits funding to enforce “Morton Memos” concerning administrative amnesty. Passed 238-175.
o Blackburn (R-TN) – Prohibits funding to provide TSA employees badges, shields, or uniforms with epaulets or a badge tab. Rejected 131-282.
o Blackburn (R-TN) – Prohibits funding for TSA employees outside of airports. Rejected 204-210.
o Sullivan (R-OK) – Prohibits funds from being used to prevent state and local law enforcement from enforcing immigration laws. Passed 250-164.
o Barletta (R-PA) – Prohibits funding for sanctuary cities. Passed by voice vote.
o Polis (D-CO) – 2% across the board cut to the bill. Rejected 99-316.

• Legislative Branch Appropriations — Friday, the House approved H.R. 5882, the Legislative Branch Appropriations Act of FY 2013, by a vote of 307-102. The bill provides a total of $3.33 billion in discretionary budget authority for all non-Senate Legislative Branch activities, which is $34 million, or 1 percent, below last year’s levels and $189 million, or 5.4 percent, below the President’s requested level. The House and Senate traditionally determine their own funding separately and concur with each other’s bill in a conference committee. According to House Report 112-511, which accompanies the legislation, the Senate appropriations estimate is $956.1 million. When House and Senate appropriations are combined, total Legislative Branch funding would be $4.28 billion. According to the Appropriations Committee, since Fiscal Year 2010, the spending overseen by the Legislative Branch Subcommittee has been cut by 10.5 percent.

The following amendments to the Legislative Branch Appropriations bill should be of interest to conservatives.

o Gosar (R-AZ) – Reduces funding for the U.S. Botanic Garden to FY 2009 levels (saves $1.235 million). Passed 213-193.
o Broun (R-GA) – Reduces funding for the Congressional Research Services to FY 2012 levels (saves $878,000). Passed 214-189.

o Scalise (R-LA) – Eliminates all funding for the Open World Leadership Center Trust Fund (saves $1 million). Passed 204-203.
o Moran (D-VA) – Prohibits House food service facilities from buying Styrofoam. Rejected 178-229.
o Flake (R-AZ) – Prohibits Members of Congress from using official funds to buy advertisements on non-official sites (like Facebook, etc.). Rejected 148-261.

Check out these weekly updates from caucuses, task forces, working groups, and special projects of the RSC!

• Budget and Spending Task Force – A weekly roundup of budget and spending news in the House from a conservative perspective.
• Money Monitor – The only document that tracks the cost of bills as the pass the House.
• National Security Working Group – Periodic updates on national security and defense issues in the House from a conservative perspective.
• Financial Services Working Group – Provides conservative analysis of financial services issues, including Dodd Frank, GSE’s, and the Fed.
• Health Care Working Group – The latest news on Obamacare and conservative health care solutions.
• 10th Amendment Task Force – Highlights legislation and initiatives that moves power out of Washington and back to the states.
• Repeal Task Force – A weekly bill is highlighted that repeals an entire law (ie. Obamacare, Dodd Frank, Davis Bacon).
• Sunset Caucus – A weekly bill is highlighted that sunsets a federal program or agency.
• Questionable Constitutional Authority Statement – The most egregious examples of the misuse and misapplication of the House’s constitutional authority statement rule.
• If Democrats Controlled The House… - The worst examples of liberal legislation that could be considered if Democrats were in the majority.
• Weekly Updates from the Chairman – To sign up for these weekly updates—usually sent on Monday—from Chairman Jordan highlighting conservative Members, issues, and activities in the RSC, please go here.

The Week Ahead

The House is in recess this week.
 
Senate

• The Senate resumes consideration of the motion to proceed to a five-year farm bill, although amendment votes are not expected before Tuesday.
• The first vote of the week will be in connection with the confirmation of Andrew D. Hurwitz for the 9th U.S. Circuit Court of Appeals.
• Two Senate Appropriations subcommittees — Labor-HHS-Education and Financial Services— mark up their draft fiscal 2013 spending bills. Later in the week, the full Appropriations panel is expected to consider both measures.
• Environment and Public Works holds a confirmation hearing on two Nuclear Regulatory Commission nominations: Allison M. Macfarlane, who has been tapped to replace Chairman Gregory B. Jaczko, and incumbent Commissioner Kristine L. Svinicki.
• MONDAY: Convenes 2 p.m., Roll call votes expected S 3240 — Farm bill and Nomination — Andrew D. Hurwitz for a judgeship on the 9th U.S. Circuit Court of Appeals

TUESDAY AND THE BALANCE OF THE WEEK:
S 3240 — Farm bill

LEGISLATIVE NEWS

Introduced: S. 2237: A bill to provide a temporary income tax credit for increased payroll and extend bonus depreciation for an additional year, and for other purposes. Sponsor: Sen. Harry Reid [D-NV]: This bill or resolution is in the first stage of the legislative process. It was introduced into Congress on March 26, 2012. Most bills and resolutions are assigned to committees which consider them before they move to the House or Senate as a whole.

http://www.govtrack.us/congress/bills/112/s2237

Jumpstart Our Business Startups Act - Vote Passed (73-26, 1 Not Voting): This bill would ease reporting and regulatory requirements for small businesses trying to raise capital in order to take the company public. The House passed the bill on March 8, 2012. The Senate adopted an amendment to the bill which will require the House to vote again. It is expected the House will pass the bill this week and send the bill to the president. Sen. Richard Burr voted YES and Sen. Kay Hagan voted YES.
http://capwiz.com/military/issues/votes/?votenum=55&chamber=S&congress=1122

The Clean Water Restoration Act: The Wolf In Sheep’s Clothing And Other News--If you have not seen this legislation: S2122 Defense Of Environment And Property Act of 2012 and HR4171 The Focus Act, please forward and share the information because they help to continue to restrengthen private property rights, restrengthens states rights related to water decisions, repeals language that overcriminalizes individuals and businesses. http://www.weekendmorningbuzz.vacau.com/

Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 - Vote Passed (223-181, 4 Present, 23 Not Voting)--The House passed this bill that would eliminate the Independent Payment Advisory Board (IPAB) and cap damages in medical malpractice lawsuits. IPAB was created by the 2010 health care law and is charged with finding savings in Medicare spending. It has no members yet. The Senate is unlikely to take up the bill. Rep. Walter Jones voted YES.
http://capwiz.com/military/issues/votes/?votenum=126&chamber=H&congress=1122

Federal Watchdog & Tea Party Report—March 20, 2012

Defend Property Rights Against EPA 'Navigable Waters' Overreach
The notorious Clean Water Act of 1972 has been used by both the EPA and the Army Corps of Engineers to curtail mining, control land use in agricultural zones, stop expansion of energy companies, and bring an end to construction projects. The ‘navigable waters’ authority is one of the many dangerous avenues that have allowed the agency to engage in enormous unconstitutional assaults on the rights of property owners. Farmers, ranchers, homeowners, business owners, and municipalities have been forced to abide by costly, and sometimes impossible-to-achieve, EPA mandates that have little or nothing to do with protecting the environment and even less to do with exercising legitimate federal authority.

Legislation introduced by Senator Rand Paul (R-Ky.) would target these abuses by the EPA and the Army Corps of Engineers. The Defense of Environment and Property Act of 2012, S. 2122, with seven cosponsors so far, would rein in the EPA's regulatory overreach over "navigable waters" on private property that has destroyed the American dream of home building for many Americans. A companion bill will soon be introduced in the House. EPA could actually track the flow of water up a pipe and into your house, and call that a navigable water.

H.R. 452: Medicare Decisions Accountability Act of 2011: To repeal the provisions of the Patient Protection and Affordable Care Act providing for the Independent Payment Advisory Board. Sponsor: Rep. Phil Roe [R-TN1]. Status: Reported by Committee. The committees assigned to this bill or resolution sent it to the House or Senate as a whole for consideration on March 8, 2012. This bill would repeal the so called “Death Panel” which would have 15 bureaucrats appointed by Obama with only 1 person from the healthcare arena allowed. Rep. Roe says this bill has bipartisan support, but will likely be merged with HR 5 Malpractice Reform Bill which does not have bipartisan support.

Moving Ahead for Progress in the 21st Century (MAP-21) Act: The U.S. Senate has approved of a $109 billion bill that provides two years of funding for transportation and transit projects around the country. The bill may or may not be taken up by the U.S. House Representatives depending on if they choose to write a separate House bill, but hopefully what will be left out of any final version is an amendment by Montana U.S. Sen. Max Baucus. His amendment funds the Land and Water Conservation Fund (LWCF) to the tune of $1.4 billion for fiscal years 2013 and 2014 — quite a jump from the $323 million it is currently receiving in FY 2012. This Fund helps purchase and protects lands across the country. Evidently the line of thinking within the Senate is more U.S. lands are in need of being purchased and protected by the federal government. (Sen. Burr voted against this bill and Sen. Hagan voted for it.)

UPCOMING VOTES
Jumpstart Our Business Startups Act - H.R.3606: The Senate is scheduled to take up this House-passed bill that is intended to make it easier for small and mid-sized companies to go public.

Help Efficient, Accessible, Low-cost, Timely Healthcare (HEALTH) Act of 2011 - H.R.5: This House bill would place caps on damages in certain medical malpractice lawsuits. Heritage Foundation Opposes Federal Tort Reform Bill. The problem with most of the proposed reforms in H.R. 5 is that the law governing medical malpractice claims is a state issue, not a federal issue. Despite H.R. 5's reliance on the Commerce Clause, Congress has no business (and no authority under the Constitution) telling states what the rules should be governing medical malpractice claims.

Republican and Democratic Congressmen are trying to amend H.R. 5 to protect states' and individual rights before the House votes on it later this week. Americans who cherish their God-given rights should call the U.S.Capitol switchboard at 202-225-3121, ask to speak with their Congressman and insist that he/she oppose that bill unless the unconstitutional language is removed.

Two important rallies coming up as the U.S. Supreme Court prepares to hear the case on the constitutionality of Obamacare:

March 24, 2012: Tea Party Patriots, Road to Repeal Rally, 12:00 Noon, Washington, DC https://www.roadtorepeal.com/

March 27, 2012: Americans for Prosperity, Hands Off Our Healthcare Rally, Upper Senate Park, Washington D.C. http://www.americansforprosperity.org/north-carolina#ixzz1nAcbtEO3

Please read below about this important bill and then call your Senators!!

Defend Property Rights Against EPA 'Navigable Waters' Overreach


The notorious Clean Water Act of 1972 has been used by both the EPA and the Army Corps of Engineers to curtail mining, control land use in agricultural zones, stop expansion of energy companies, and bring an end to construction projects. As The New American Senior Editor William F. Jasper stated, “The ‘navigable waters’ authority is one of the many dangerous avenues that have allowed the agency to engage in enormous unconstitutional assaults on the rights of property owners. Farmers, ranchers, homeowners, business owners, and municipalities have been forced to abide by costly, and sometimes impossible-to-achieve, EPA mandates that have little or nothing to do with protecting the environment and even less to do with exercising legitimate federal authority.”

Legislation introduced by Senator Rand Paul (R-Ky.) would target these abuses by the EPA and the Army Corps of Engineers. The Defense of Environment and Property Act of 2012, S. 2122, with seven cosponsors so far, would rein in the EPA's regulatory overreach over "navigable waters" on private property that has destroyed the American dream of home building for many Americans. A companion bill will soon be introduced in the House.


"Environmental protection must be balanced with the fundamental American right to private property,” Sen. Paul has said, adding, "It is time to bring common sense to federal water policy, and I do so on behalf of the thousands of property owners across the country who have been met with aggression from the EPA and Army Corps for wetlands issues."

From Sen. Paul’s website are these provisions in The Defense of Environment and Property Act of 2012:

•Redefine "navigable waters" to explicitly clarify that waters must actually be navigable in fact, or "permanent, standing, or continuously flowing bodies of water that form geographical features commonly known as streams, oceans, rivers and lakes that are connected to waters that are navigable-in-fact."
•Excludes ephemeral or intermittent streams -- the streams that sometimes form when rain falls -- from federal jurisdiction.
•Restrains the EPA and the Army Corps from regulating or "interpreting" the definition of a navigable water without Congressional authorization.
•Protects the rights of states to have primary authority over the land and water within their borders.
•Prohibits federal agents from entering private property without the express consent of the landowner. [Emphasis added.]
•Requires the government to pay double the value of the land to any landowner whose property value is diminished by a wetlands designation.

Passage of this bill would result in less regulatory heavy-handedness by the EPA and the Corps of Engineers in their dealings with property owners and businesses by ending their authority over truly non-navigable waters. However, this bill is stuck in the Senate Committee for Environment and Public Works, chaired by Sen. Barbara Boxer (D-Calif.) who has a pattern of opposing any attempts to rein in the EPA’s out-of-control powers. Here is a list of the Senate Majority and Minority leaders of the Committee that you can call immediately and ask for their support to get this bill reported out of committee and passed by the Senate:

Senate Majority Members

Barbara Boxer (202) 224-3553
Max Baucus (202) 224-2651
Thomas R. Carper (202) 224-2441
Frank R. Lautenberg (202) 224-3224
Benjamin L. Cardin (202) 224-4524
Bernard Sanders (202) 224-5141
Sheldon Whitehouse (202) 224-2921
Tom Udall (202) 224-6621
Jeff Merkley (202) 224-3753
Kirsten Gillibrand (202) 224-4451

Senate Minority Members
James M. Inhofe (202) 224-4721
David Vitter (202) 224-4623
John Barrasso 202-224-6441
Jeff Sessions (202) 224-4124
Mike Crapo (202) 224-6142
Lamar Alexander (202) 224-4944
Mike Johanns (202) 224-4224
John Boozman 202) 224-4843

When graded from a constitutional perspective, this is an A+ bill. It should help tremendously to rein in the EPA's and the Corps of Engineers' aggressive regulatory tactics that harm American businesses and families.


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Eminent domain amendment should provide real protection

JLF expert offers model language to help protect fundamental rights


Legislators should provide real property-rights protections as they pursue a constitutional amendment targeting eminent domain abuse. The John Locke Foundation's top legal expert offers that advice in a new Spotlight report..........
 
An amendment is critically important, Bakst said. "North Carolina has the weakest property rights protection in the country," he said. "This is the only state that does not expressly address eminent domain in its constitution. There is absolutely no state constitutional protection from eminent domain abuse, such as the government seizing private property for economic development."


http://johnlocke.org/press_releases/show/591