Category Archives: Federal

Major Impacts of Northam’s War against Teachers

Federal school funding threatened; Democrats and unions in a bind; Lawsuits coming

Timing is Everything

by James C. Sherlock

Ralph Northam declared on August 30 of this year that Virginia’s schools are systemically racist and that teachers are presumptively racist and must be treated and monitored.

In addition to threatening to create turmoil in the schools and damage to the very students he apparently meant to help, the Governor has potentially kicked over a hornets’ nest worse than he stirred up with his infamous infanticide interview that resulted in the release of his blackface yearbook photo. 

And he may have set Virginia up for federal demands for repayments of Department of Education funds and related fines. At stake is a breathtaking amount of money that includes CARES Act funding, all of which has been contingent on compliance with the Title VI of the Civil Rights Act of 1964.

The documented facts may also have put Democrats and their allies (in that word’s traditional and critical race theory definitions) in a large political bind.

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A Betrayal of Representative Democracy

by Emilio Jaksetic

Citing the public health danger of COVID-19, the House of Representatives on May 15 passed H. Res. 965, a rule allowing Members of the House to vote by proxy. Passage of that rule was a blow to representative government in the United States and an affront to the right of Americans to be represented in Congress by the people they elected.

Six of the seven Virginia Democratic Members of the House voted for this historic betrayal of the American people: Don Beyer (VA-8), Gerald Connolly (VA-11), Donald McEachin (VA-4), Bobby Scott (VA-3), Abigail Spanberger (VA-7), and Jennifer Wexton (VA-10). (The only exception was Rep. Elaine Luria, VA-2.)

Congressional Democrats embraced an inappropriate analogy by voting for H. Res 965. Stockholders own and control their voting rights because they own the stock.  Members of a homeowners association own and control their voting rights because they own their homes. By contrast, the right to vote in Congress is not property that can be transferred to another by proxy; votes are held in trust by Members of Congress as the agents of the people of their congressional district.  Proxy voting based on personal property rights cannot justify proxy voting by elected officials. Continue reading

If You Pay Full Price for Flood Insurance, Ask our City/County Manager Why

Roanoke flooding in 1985

by James C. Sherlock

There were lots of comments in my last post about government programs to mitigate flooding damage in flood plains, specifically about buying and tearing down houses that repeatedly flood.

One of the carrots to do so is Community Rating System (CRS) discounts to flood insurance in communities that take an active role in flood plain risk mitigation.

CRS is a part of the National Flood Insurance Program (NFIP).  It is an incentive program that recognizes and encourages community floodplain management activities that exceed the minimum program requirements.

When that happens, not only is the risk of flooding diminished, but flood insurance premium rates for all citizens of a community that accomplishes the goals are appropriately discounted to reflect the reduced flood risk.

To quote the program web page,

“For National Flood Insurance Program Community Rating System participating communities, flood insurance premium rates are discounted in increments of 5 percent.

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Boomergeddon vs Modern Monetary Theory (MMT)

by DJ Rippert

Saving America’s bacon. In 2010 Jim Bacon, blogrunner of this site, wrote a book titled Boomergeddon. The sub-title of the book is, “How Runaway Deficits and the Age Wave Will Bankrupt the Federal Government and Devastate Retirement for Baby Boomers Unless We Act Now.” The book is well written and contains considerable supporting detail but that sub-title pretty much sums things up. At the time of publication Bacon’s book amplified the conventional wisdom of the day — deficits are bad and, as our president might say, big deficits are bad bigly. That traditional belief has come under scrutiny lately. One leading critic of the theories espoused by Boomergeddon is Stephanie Kelton, an economics professor at Stony Brook University and former advisor to the Sanders campaign. Her new book, published in 2020, is titled, The Deficit Myth.  One paragraph from the description of Kellon’s book on Amazon.Com sums up her thesis vis-a-vis Boomergeddon. “Kelton busts through the myths that prevent us from taking action: that the federal government should budget like a household, that deficits will harm the next generation, crowd out private investment, and undermine long-term growth, and that entitlements are propelling us toward a grave fiscal crisis.” Kelton believes the United States has considerably more room to incur debt without causing economic harm and we should get about the business of incurring more debt. Paying homage to her Democratic-Socialist roots, Kellon sub-titled her book, “Modern Monetary Theory and the Birth of the People’s Economy.”

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BE HEARD Act Could Cripple Virginia Small Businesses

How about a law banning government harassment and hostile business climates?

by Hans Bader

Small businesses in Virginia could face a very different business climate next year due to Joe Biden’s support for laws like the BE HEARD Act. It could easily become law if Democrats take control of Congress and the presidency (as most pollsters expect).

Under the BE HEARD Act, even the tiniest employers with only one or two employees will face unlimited liability in lawsuits, for things like discrimination, or harassment committed by an employee. It would also redefine sexual harassment in an overly broad and confusing way that could lead to small businesses being liable for trivial acts or comments by an employee. These small businesses would also be liable for attorneys fees that could dwarf what they end up paying workers who sue them.

Right now, small businesses in Virginia aren’t covered by most federal discrimination laws like Title VII, unless they have at least 15 employees. This doesn’t mean they can get away with being racist. If they intentionally discriminate based on race, they can be sued under a federal race discrimination law that covers even the smallest employers, 42 U.S.C. 1981. And if they fire someone for a non-race-based reason — such as their sex, age, or religion — they can be sued under Virginia state law, if they have more than five employees (although punitive damages in such lawsuits are limited to $350,000.) Continue reading

What a Long, Strange Trip It’s Been

By Peter Galuszka

Back in the winter of 2015, Craig Vanderhoef, a former Navy captain, got a disturbing surprise in his mailbox at his retirement home near Afton in Nelson County. A letter from Dominion Resources noted that it wanted to survey his land for a new 600-mile-long natural gas pipeline.

On two occasions, he wrote the utility telling them no. Then he got another surprise. A sheriff’s deputy knocked on his door to serve him with papers notifying him that Dominion was suing him to get access to his property.

In short order, about 240 Virginia landowners were on notice that they too might be sued for Dominion’s proposed Atlantic Coast Pipeline. The county sheriff was notified that he, too, was being sued, although it was an error.

Thus, the stage was set for one of the nastiest environmental and property rights battles in Old Dominion history.

It centered around the Atlantic Coast Pipeline that would run from Harrison County, W.Va. across the rugged Appalachians, down through some of the most peacefully bucolic land in the Virginia., to Union Hill, a mostly African-American community in Buckingham county and on into North Carolina, running through the Tar Heel state’s mostly African-American concentration along its northeastern border with Virginia. Continue reading

I Remember Stonewall

The day they drove old Dixie down. Removal of the Stonewall Jackson statue on Richmond’s Monument Ave. Photo credit: Associated Press

By Peter Galuszka

Confederate statues are finally coming down in Richmond and other Virginia cities, including one of Thomas “Stonewall” Jackson. There have been outcries by sentimental mythologists and apologists on this blog and elsewhere about how “mob rule” is forcing issues and so on.

Since some bloggers here have come up with their version of positive biographies about some of the figures, notably Matthew Fontaine Maury, an early oceanographer and Confederate Naval officer, I thought I’d weigh in on my own personal experience with Stonewall.

Jackson was born on Jan. 24 1824 in what was then Clarksburg, Va., and grew up about 20 miles south in Jackson’s Mill near Weston Va. Then in 1863, irritated about Richmond’s racial policies and economic favoritism, residents seceded and created West Virginia which supported the North in the Civil War.

By coincidence, I moved to the Clarksburg area in 1962 from the D.C. area when I was nine years old and resided there until 1969.

It wasn’t exactly the “Southern” experience others seem to recall. For one thing, the homeland of “Stonewall” did not have many slaves or African-Americans. The area of Harrison County, however, held fairly mixed views about slavery and allegiance. While Jackson, a West Point graduate went with the South, his sister was loyal to the North. (For more details about Jackson’s life, read James L. Robertson Jr.’s excellent 1997 biography.) Continue reading

Spanberger Vs. Trump

Rep. Abigail Spanberger

By Peter Galuszka

U.S. Rep. Abigail Spanberger, D-7th District, continues to draw international attention as a “New Look” Democrat from Virginia who is savvy about the intelligence community and global affairs.

The former CIA case officer was featured on CNN criticizing the administration of Donald Trump for ignoring reports that Russian military intelligence had paid bounties to the Taliban in Afghanistan to kill U.S. troops and members of the pro-U.S. coalition there.

Her comments were picked up by the British newspaper, the Guardian. This may be the first time that a woman Member of Congress has gotten so much exposure beyond borders of the Old Dominion.

Neither Dave Brat nor Eric Cantor, her Republican predecessors in the 7th district that includes parts of the once reliably Red Richmond suburbs of Chesterfield and Henrico, has gotten such exposure. The only other woman who has come close is U.S. Rep. Elaine Luria, a Democrat and former Navy officer who represents the 2nd District that includes Virginia Beach, another area that was once reliably Red. Continue reading

(Almost) Free Money

By James C. Sherlock

Steve Haner’s superb column on the state budget turned attention to federal aid to state and local governments. It is worthwhile to review where the feds get that money.

James T. Agresti, CEO of Just Facts (chart above), has written recently hat U.S. debt-to-GDP ratio is four times the historical average and climbing:

“The US national debt has just reached 120.5 percent of the nation’s annual economic output, breaking a record set in 1946 for the highest debt level in the history of the United States. The previous extreme of 118.4 percent stemmed from World War II, the deadliest and most widespread conflict in world history.”

The Federal Reserve

The Fed’s dual mandate from Congress is to maximize employment and stabilize prices. The Fed floods the economy with money in times like this and is supposed to sop it up with higher rates when the economy appears to overheat and prices rise too fast. Continue reading

The Systemic Racism of Monument Avenue

By Peter Galuszka

Richmond’s grand Monument Avenue, a double lane, tree lined thoroughfare, has been the epicenter of the Black Lives Matter campaign that has focused on the statues of several Confederate figures one the road, including Robert E. Lee, J.E.B. Stuart, Thomas “Stonewall” Jackson and Jefferson Davis.

All are up for removal, but the same foot-dragging that has for years protected the statues that some consider racist is at work today. Protestors have torn down Davis and have defaced the rest. On Sunday night, they nearly ripped down the Stuart statue as two city council members urged that it be removed on an emergency basis.

Lee’s statue has been ordered down by Gov. Ralph Northam, but the effort has been tied up in lawsuits by several property owners. One claims either that the original deed that gave the state the site for Lee included language that it could not be removed. Other plaintiffs, most anonymous,  claim that removing the statues would hurt their property values and their special tax status.

If anything smacks of white privilege and entitlement, this is it. But for more perspective, this article in The Atlantic neatly sums up the history behind the statues and the Avenue, noting that the issue has everything to do with rewriting Richmond’s history and making a marketing play to sell expensive and exclusive real estate decades after the Confederacy was suppressed. Continue reading

The ACP Wins One But The War Drags On

By Peter Galuszka

The $8.5 billion Atlantic Coast Pipeline has won a significant legal victory but the war is far from over.

The U.S. Supreme Court, in a 7-2 decision, has ruled in favor of project operated by Dominion Energy and Duke Energy saying that its 42-inch pipeline can cross under the Appalachian Trail in the George Washington National Forest.

The Court ruled that the pipeline can pass 600 feet underneath the trail and that the U.S. Forest Service has the right to allow a right of way. The Richmond-based 4th Circuit Court of Appeals had previously ruled that the Forest Service had no such authority.

Dissenting, Justices Sonia Sotomayor and Elena Kagan wrote that the U.S. Minerals Leasing Act does give the federal government the right to regulate federal land, including trails. Justice Clarence Thomas, who wrote the majority ruling, said that plans to bury the pipeline under the Appalachian Trail represent an easement which is not the same as “land.”

The project still faces eight other permitting issues involving the Forest Service, the U.S. Fish & Wildlife Service, the National Park Service and the U.S. Army Corps of Engineers. Continue reading

The Time Has Come to Rename the Bases

A.P. Hill

By Peter Galuszka

Momentum is growing to rename three Virginia military bases which bear the monikers of Confederate generals. It is part of a movement to reassess Confederate symbols within the military nationwide.

The three bases are Ft. A.P. Hill, named for Confederate Gen. Ambrose Powell Hill Jr.; Ft. Pickett, named for Gen. George Pickett; and Ft. Lee, named for Gen. Robert E. Lee.

This comes in the middle of a controversy between military leaders and President Donald Trump, who says he won’t even consider renaming bases.

There has been a growing rift between Trump and numerous military leaders, notably James Mattis, a decorated Marine general and Trump’s former secretary of defense, about accusations that Trump has tried to politicize U.S. armed forces.

Part of the tension involves Trump’s controversial plan to use federal units, such as the Army’s famed 82nd Airborne Division, to crack down on demonstrators after the slaying by Minneapolis police of George Floyd, an unarmed and handcuffed African-American accused of passing a phony $20 bill. Continue reading

Gunning Up Virginia’s Cops

By Peter Galuszka

 In 2014, the Sheriff’s Department of York County and Poquoson got their very own tank-like vehicle, called a “Mine Resistant Ambush Protected (MRAP).”

Fully armored and tan in color with steep sides, it looks like something out television footage of the war in Iraq where U.S. troops needed to get through mine-infested streets and terrain safely.

But why do such generally sleepy communities such as these need a high-powered armored car? Sheriff J.D. “Danny” Digs told The Virginian-Pilot and Daily Press that it isn’t meant to “intimidate people” but can be useful during adverse weather when trees are down. Really? Wouldn’t a pickup truck work?

The newspaper story is important since it combs through what Virginia law enforcement got after the “1033”Defense Department program started to sell surplus military gear to local law enforcement in 1997.

It notes that military surplus sales in Virginia went from $216,000 in 1999 to $853,824 in 2019, according to Defense Logistics Agency statistics. The latter number included the cost of another MRAP so Virginia Beach could get its very own armored truck. Over time, the City of Portsmouth got 87 M-16 assault rifles. Other goodies include night vision glasses. Continue reading

Beware Fake Tweets

The Internet Research Agency in St. Petersburg, Russia

By Peter Galuszka

Around midnight Monday, reporters in downtown Washington D.C., stood by ready to cover the next round of protests about the slaying of African Americans by police.

They started getting tweets marked #dcblackout suggesting that internet service was being interrupted because of a secret program presumably run by the government that would cut them off.

The curious thing, NBC News reported, is that the reporters’ cell phones worked just fine. Later Twitter was contacted and began to investigate. It was curious that the questionable tweet seemed to be coming from the left-wing ANTIFA group that is said to have helped organize protests around the country.

A tweet labeled as been sourced with ANTIFA proclaimed “Tonight’s the night, comrades. Tonight we say F&*^The city and we move into the residential areas, the white hoods and we take what’s ours.”

Twitter quickly uncovered the problem. The tweets were fakes put out by a far-right white nationalist group called Identity Evropa. Twitter took down the sites because they violated the company’s policy against using social media to incite violence, NBC reported. Continue reading

The Real Danger with ANTIFA

By Peter Galuszka

Get ready. The names of all kinds of leftist organizations are going to be kicked around as the masterminds behind violent, cop-beating looters, especially the so-called ANTIFA movement in Virginia and across the country..

But what is reality? I don’t have clear answers but I have some ideas to share since I have been dealing with activist groups since I was in high school in the late 1960s. I hope they help this blog’s discussion.

First, there’s plenty of research available about ANTIFA and there are already plenty of reports about it. It is not a single group but a very loose collection of autonomous activist groups, most of which do not advocate violence. For reference, see yesterday’s Daily Beast piece with the blunt headline, “Trump’s ‘ANTIFA Threat Is Total Bullshit – And Totally Dangerous.”

That article and plenty of others note that ANTIFA, or whatever it is, has no clear chain of command and uses ultra-fast social media to alert other activists about rallies and protests but has no control over them. If you are thinking about the tightly-controlled and secretive Communist cells of the past century, you are not getting it. Continue reading