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Supreme Court Upholds 2nd Amendment as an Individual Right
Dan's Blog By Dan McGrath on 6/27/2008

Supreme Court BuildingOn Thursday, June 26th, the US Supreme Court handed down a ruling on Washington DC’s total ban on handguns. They found it unconstitutional because the right to keep and bear arms is an individual right.

The individual vs. collective right argument was central to Washington DC’s gun ban. The city enacted the ban with the notion that the 2nd Amendment represented the right of a state to arm a militia. The District of Columbia isn’t part of any state.

The militia and collective right arguments gun-control advocates have always fallen back on are specious, for those who only give the Constitution a casual glance.

The Second Amendment is only one simple sentence that concludes with very strong and clear language, "the right of the people to keep and bear arms shall not be infringed." It’s the beginning of the sentence gun control advocates have focused on, however: "A well regulated militia being necessary to the security of a free state…" It is this wording that is often used to justify the infringing of the people’s rights. Gun control advocates claim that the amendment is obsolete in the era of a technologically advanced, standing military, or that the amendment only pertains to organized militias, calling into question what constitutes a militia. This line of reasoning fails to take the sentence as a whole.

The Second Amendment doesn't read, "If a well regulated militia is necessary for the security of a free state..." That a militia (an armed citizenry) is necessary for freedom isn't a caveat for the right to own arms. Rather, it is a simple expression of what is. Likewise, the declaration, "the right of the people to keep and bear arms shall not be infringed" is a direct, absolute statement. Shall not. The word unless is distinctly absent.

The key questions revolving around the Second Amendment have traditionally been who has the right to keep and bear arms? What is the militia? For what purpose are the citizens to be armed?

The answers can be found in the writings of the framers themselves. Studying the Federalist papers and other statements made by the framers during constitutional debates makes the issue very clear. Every law-abiding citizen has the right to keep and bear arms. The militia is every person. The citizens are to be armed for defense of their country, defense of themselves against crime and as a last resort to defend themselves against their own government should it turn to tyranny.

Now that the Supreme Court has acknowledged that the 2nd Amendment is indeed an individual right, local governments will have a much more difficult time defending overreaching gun control laws. The decision overturning Washington DC’s gun ban will reverberate across all the states.

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Cannon’s Pro-Amnesty Stance His Undoing
Dan's Blog By Dan McGrath on 6/26/2008
New Republican Nominee for Utah's 3rd Congressional District, Jason ChaffetzRepublican Congressman Chris Cannon of Utah lost his primary election to challenger Jason Chaffetz, a 41-year-old first-time candidate. According to Numbers USA, the only substantial difference in their policy positions was on open borders.
 
Cannon had supported, sponsored and voted for several pieces of legislation aimed at amnesty for illegal aliens. Evidently, the Republican voters of Utah have had enough, because they ousted him in a landslide. Challenger Chaffetz beat Cannon 60-40%.
 
Americans for Better Immigration’s candidate scorecard outlines the differences between Cannon and Chaffetz. The scorecard makes clear the strong differences on the issue of illegal immigration. Chaffetz takes a hard line, while Cannon supports amnesty, in-state tuition for illegals and chain migration while opposing funding cuts to sanctuary cities. 

Were one to judge strictly by the ubiquitous news broadcasts of the mainstream media, the illegal immigration problem would appear to have vanished, but clearly the voters haven’t forgotten. Utah’s primary elections are early. Cannon’s defeat could be a bellwether signaling an uprising of conservative voters around the nation. Time will tell.

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Republican-Led Filibuster Kills Climate Security Act – For Now
Dan's Blog By Dan McGrath on 6/6/2008

Democrats were eager to end debate on the Lieberman-Warner Climate Security bill, but they couldn’t muster the necessary 60 votes for cloture. A Republican-led filibuster was successful in holding-off the legislation, at least for this session.

Senator Coleman missed the vote, but said he would have voted in favor of the bill.  This in spite of receiving hundreds of phone calls from angry constituents telling him to drop his support for the bill.

Even though the bill has been shelved for this session, supporters of the bill are claiming victory. They say the cloture vote would have been successful if all the bill’s stated supporters had been present to vote.  But they weren’t. 

Growing constituent opposition to the bill, driven by already high energy prices, and fear of greatly exacerbating current economic woes, put tremendous pressure on both Democrat and Republican senators to vote against the cap-and-trade scheme. Senators who missed the cloture vote may well have dodged a deadly political bullet.

Cap-and-trade supporters hope to bring the legislation forward with more support next year.

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Why Are MN Senators Co-Sponsoring The Largest Tax Increase in History?
Jeff's Blog By Jeff Davis on 5/29/2008

The U.S. Senate is scheduled to debate and vote on the Lieberman-Warner "Climate Security Act" (S.2191 / S.3036) next week. This bill effectively imposes a massive hidden tax on carbon emissions through a cap-and-trade scheme.

A Congressional Budget Office (CBO) report estimates the federal government stands to generate an additional $1.2 trillion in revenues over a seven-year period between 2012 and 2018. In addition, the CBO projects private-sector regulatory mandates would amount to more than $90 billion per year from 2012 to 2016.

The bill would result in an enormous expansion in government regulation and mandates, reducing our personal liberties. The Environmental Protection Agency would be charged with the daunting task of establishing emissions allowances for thousands of American manufacturers and electricity generators.  A diagram developed by the Chamber of Commerce reveals the pervasiveness of this new regulation (go here for an explanation of the chart).

A recent Wall Street Journal column concludes the Lieberman-Warner bill would be "the most extensive government reorganization of the American economy since the 1930s." An analysis by the Heritage Foundation estimates a $1.7 trillion to $4.8 trillion loss in U.S. Gross Domestic Product (GDP) between 2010 and 2030. U.S. job losses could exceed 700,000 in 2015 alone. At this same time, American consumers would be faced with dramatic price increases in food and energy, putting a significant strain on family budgets.

The impacts in Minnesota are just as dramatic. Projections for Minnesota indicate we could see over $2 billion loss in Gross State Product , $2.3 billion loss in personal income and a loss of over 55,000 jobs by 2030.  According to the Heritage Foundation, Minnesota is projected to rank #1 in the nation in job losses per capita

With energy prices at record highs, the last thing we need is more government regulation that will drive-up the costs of gas, drive jobs out of our state and make us all poorer while special interests line their pockets with the spoils.  But for some reason, Minnesota Senators Amy Klobuchar and Norm Coleman have both decided to co-sponsor this legislation. They need to hear from concerned Minnesotans as soon as possible  A vote on this bill could come in the next several days.

TAKE ACTION:  Visit www.NoCapAndTrade.com to sign a petition and send an urgent message to your elected officials urging them to reject the Lieberman-Warner bill.

Additional Resources:

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Sue Jeffers Hits Weekend Airwaves on KTLK FM
Dan's Blog By Dan McGrath on 5/28/2008
Sue JeffersShe’s been called “feisty,” “scrappy,” a rabble-rouser, a renegade and a fair number of expletives. Best known for her opposition to smoking bans, eminent domain abuses, tax increment financing and a 2006 primary challenge against Governor Pawlenty, Sue Jeffers has been a frequent fill-in host for Dan Conry on KTLK 100.3. Somebody at the FM news talk station, possibly working with a concussion, signed a contract and gave the intractable Sue Jeffers a permanent microphone.
 
Sue’s program will air Saturdays from 5-7 beginning this weekend.  Sue’s inaugural broadcast will take place during the Republican state convention. She says she’ll be covering the event with live updates from Rochester. 

Jeffers hasn’t been one to mince words and “politically correct” doesn’t seem to be in her lexicon. Listeners can probably expect a weekly dose of irreverent common sense that will raise the blood pressure of politicians and political insiders. But, those folks aren’t her audience. No doubt, they’ll listen but she’s probably not talking directly to them. During her gubernatorial campaign, her slogan was “People Before Politics.” Her radio show will more likely engage the “grassroots” and regular working people on the issues that impact everyday lives.

Sue Jeffers has contributed articles and research to Minnesota Majority and occasionally writes for True North.

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Congratulations to New Members of Minnesota Majority
Dan's Blog By Dan McGrath on 5/26/2008
Target Gift CardMinnesota Majority recently launched a new member referral drive, and randomly selected 10 new members to receive a Target or Wal-Mart gift card. The person referring a selected new member will also receive a gift card as a thank you for helping Minnesota Majority grow.
 
Congratulations to John and Paul from Apple Valley, Sharon from Fergus Falls, Deborah from Detroit Lakes, Stephanie from Cottage Grove, Gary and Abby from Waconia, Laurel from Owatonna, Bill from St. Cloud and Liz from Woodbury. 

Thanks to the members who referred these new people to our organization, and who will also receive a gift card from us.

Signup for a free membership with Minnesota Majority today and keep up to date on the latest issues and happenings.

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The 2008 Minnesota Legislative Session in Review: Hype vs. Reality
Jeff's Blog By Jeff Davis on 5/23/2008

The 85th legislature adjourned on Sunday, May 18 and at that very moment, the 2008 election season began. What had originally been four months of highly contentious legislative wrestling is now being portrayed as “one of the most successful sessions in decades.” At Monday’s press conference, legislative leaders from both sides of the aisle flanked the governor and touted the accomplishments of the 2008 session.

The DFL-controlled legislature had an aggressive agenda from the very beginning of the session to raise taxes, increase government spending, expand regulations and implement social engineering programs. While Republican minority leaders fought valiantly to block most of these measures, some caucus members broke ranks with leadership, thereby allowing some of these bills to slip through.

Thankfully, Governor Pawlenty vetoed many bills such as Legalized Gestational Surrogacy, Infant DNA Warehousing and Local Government Domestic Partnerships.  But the governor’s veto of the Transportation bill was overridden by six wayward Republican House members, thereby allowing one of the largest tax increases in Minnesota’s history to be passed into law.

The sound bytes being fed to Minnesotans by the mainstream media don’t begin to tell the whole story behind the 2008 legislative session. Our analysis seeks to separate the hype from the reality, thereby allowing Minnesotans to assess what they really got out of this year’s session.

Hype: A $935 million budget deficit was erased and the budget balanced without raising taxes.

Reality: The budget fix was nothing more than a band-aid and taxes were raised – significantly. Lest we forget, the override of the governor’s transportation bill veto cost us a $6.6 billion tax increase on sales, fuel and vehicle registrations. And if approved by voters this November, Minnesotans will be paying more in state sales taxes to fund arts programs and wildlife habitat.

The final budget deal also included a $125 million tax increase on corporations with foreign operations. This was sold to the public as “closing a corporate loophole,” as if corporations were doing something underhanded. In reality, this provision was enacted by the state legislature years ago to avoid driving corporations with foreign operations out of Minnesota.

Senate Minority Leader David Senjem (R - Rochester) cautioned that the fix relied too heavily on tapping the state's “rainy day” reserve fund and not enough on actual spending cuts. Nearly $500 million needed to balance the budget came from the state’s rainy day fund, tapping about 80% of the fund’s reserves. Senjem predicts the result will be a much worse budget problem in 2009.

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Hype: A 3.9% property tax cap resulting in $460 million in property tax reductions.

Reality: When does a tax increase become a reduction? When the government doesn’t raise taxes as much as they otherwise would, it’s billed as a tax cut. This is like expecting to gain 30 pounds and stepping on the scale to discover only a 20-pound gain. Using legislative math, that’s a ten-pound weight loss.

Most politicians somehow failed to mention that while they were creating the property tax “cap”, they were simultaneously increasing local government aid by $60 million. This sleight of hand maneuver essentially took taxpayer money out of one pocket and put it in another, thereby diluting the real impact of the property tax “cap”.

The so-called “cap” includes exemptions that allow communities to exceed 3.9%. Local governments can exceed the cap for things like population growth and emergency services. The cap also doesn’t include local school district referendums. And what happens when cities blow their budgets on non-essentials and then need more funding for police and fire departments, or when the cap expires in three years time? This “cap” is really more like an open-top visor. In reality, many Minnesotans will see property tax increases that well exceed 3.9% and their projected “savings” to Minnesota taxpayers will be nowhere near the claimed $460 million.

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Hype: Nation-leading health care reform that includes increased transparency, pay for performance, e-prescribing and tax credits.

Reality: While there are some positive aspects of the health care bill like greater consumer transparency and electronic prescriptions, its major thrust is to grow government involvement and enroll more families onto state-subsidized health care. Families making up to $57,000 now qualify for state welfare health plans, adding thousands of new people to taxpayer-funded health care. The bill adds insult to injury by offering a bounty to outfits (schools, non-profit groups, insurance brokers, etc) that recruit new dependents to feed at the public trough.

Grants are doled-out to local community health boards (more government bureaucracy) to try to enforce lifestyle changes targeting weight-loss and smoking cessation.

Government bureaucrats are given the power to define “quality,” determine physician compensation incentives based upon this definition and even decide what procedures are medically necessary.

Bottom line: this bill expands government involvement in health care, which will ultimately result in higher costs for patients and taxpayers. Unmet hospital costs resulting from the legislation will mean non-subsidized families will see an increase in their insurance premiums and doctor bills. Taxpayers will pick up the tab for the thousands of new people added to welfare health plans.

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Hype: The Central Corridor light rail line will ease traffic congestion and improve the environment.

Reality: The Central Corridor line, like the Hiawatha line, will be built at traffic grade, meaning it will significantly interfere with automotive traffic and eliminate most street parking. Delays at intersections will mean more idling vehicles, more congestion, more wasted fuel and more exhaust emissions. For some reason, no study was conducted to compare the rail transit proposal to bus transit for the Central Corridor.

The real reason Minnesota lawmakers allocated $70 million for the Central Corridor this session was that the state was in jeopardy of loosing $450 million in federal funding for the project. Even at that, it begs the question of where the rest of the money is going to come from to build a line that will cost more than $1 billion. The construction costs are just the first installment. Most, if not all, light rail lines across the country operate at a net loss and rely upon significant ongoing taxpayer funding to stay afloat. This means Minnesota taxpayers will have to annually ante-up on this boondoggle project for years to come.

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So, in the end, how did everyday Minnesotans really fare out of the session? Our approach to answering this question is to evaluate the session’s results within the context of some of our core values:

Q. Were there any meaningful reductions in government spending?

A. No. Despite this year’s budget deficit, the state legislature actually increased spending by 9.8%. House Minority Leader Rep. Marty Seifert (R – Marshall) said, “It is unfortunate that private sector job growth took a backburner to an expensive and explosive growth in government programs and services.”

Q. Were there reductions in taxes?

A. No, in fact there was a record $6.6 billion tax increase with the transportation bill. And other legislation, like the Green Solutions Act, sets the stage for the implementation of a carbon cap and trade system that will levy a huge tax increase upon all energy consumption in our state in the future.

Q. Were there reductions in the government’s involvement in the lives of everyday citizens?

A. No, in fact there were increases in government involvement in areas like ticket sales, teen drivers and car windows. Creeping socialism was especially evident in the health care legislation with tobacco and weight control funding while building a nice long electronic list for universal health care.

Q. Did the legislature create a more business-friendly environment that would encourage businesses to come to Minnesota?

A. No, in fact they made our business climate less friendly to business. Case in point – Northwest and Delta declined to locate their newly merged corporate headquarters in Minnesota.

Q. Did the legislature pass laws that encouraged greater personal responsibility?

A. No, in fact the state created additional dependents with legislation like the health care bill.

Q. Did the legislature protect our state’s sovereignty by combating the problem of illegal aliens?

A. No. While Governor Pawlenty did issue a number of executive orders strengthening laws to combat illegal aliens, the DFL-controlled legislature resisted all attempts to pass this type of legislation. This is hard to imagine in a year when four innocent children lost their lives as a result of an illegal alien.

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Who were the real winners out of this year’s session? Clearly it was the special interests. Folks like the Ghermezian Brothers who can now build their new Mall of America parking lot on the backs of local property owners. Or the construction companies that lobbied hard for the $6.6 billion transportation tax increase that can now line their pockets with the proceeds. And don’t forget the $38 million expansion for the Duluth Entertainment and Convention Center.

The best thing we can say about the 2008 legislative session is that it is finally over. The damage could have been a lot worse, but it also begs the question, “Is this the best that Minnesotans can expect from their elected officials?” In our humble opinion, voters will need to make some dramatic changes in their representation this November if they want to see different outcomes in the next biennium.

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A Victory for Parental Rights, Genetic Privacy
Dan's Blog By Dan McGrath on 5/20/2008

Word has just been received from the Secretary of State's office that Governor Pawlenty has vetoed SF3138, the "DNA Warehouse" bill. This bill would have removed the parental informed consent requirement in current privacy law, thereby allowing health officials to take blood from newborns without permission from the parents. The blood taken could further have been stored for genetic study, experimentation and even dissemination without permission. Suspected drunk drivers are afforded more rights with their blood than babies had this proposal become law.

Now that the governor has vetoed this rights-infringing bill, the Minnesota Department of Health will be forced to comply with a court order halting their decade-old practice of surreptitiously collecting and storing DNA samples of newborns without parental consent or even knowledge.

TAKE ACTION: Call Governor Pawlenty to thank him for his veto.

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A Deal Done in the Dark of Night – Health Care Bill Rises Again
Dan's Blog By Dan McGrath on 5/19/2008
Working late into the night, Governor Pawlenty and legislative leaders cut a deal that gave the  health care bill Pawlenty vetoed last week a second chance at life with some minor tweaks and a shiny new bill number: SF3780.
 
Not much has changed. A few provisions have been removed or modified, a couple others have been expanded. Some “fluff” language has been added that alludes to meaningful changes without actually enacting them.
 
The eligibility requirement for public subsidy to families with children has been reduced from 400% of federal poverty guidelines to 275% while the income cap has been raised to $57,000 per year for parents.
 
A health savings account provision has been tacked on for state employee health plans.
 
Notwithstanding a few cosmetic changes, the bill is essentially the same as HF3391, which the governor vetoed last week. The ultimate goal of the bill still appears to be to expand the number of people dependent on the state for their medical care.  The bill provides bounties paid to organizations and individuals that recruit new enrollees in the state’s medical welfare programs. Schools will be asked to single-out students who receive free or reduced-rate school lunch as targets for recruitment activities.  If a school is successful in enrolling a student’s family, they will earn a $25 bounty. To entice potential new enrollees, the bill suggests that organizations should "provide an applicant a gift certificate or other incentive upon enrollment." The latest version of this incentive program now includes licensed insurance producers as eligible for the bounty.

Employers will still be required to offer 125 plans, meaning that small businesses who don’t offer health insurance benefits will be required to deduct insurance premiums from an employees payroll and transfer those withholdings to an insurance company of the employees choosing. This provision forces employers to become bill collectors for insurance companies, but it now provides a one-time grant of $350 to employers who apply and qualify for it.

State-sponsored behavior modification also remains. The commissioner of health is directed to award grants to organizations that implement strategies to reduce the percentage of Minnesotans who are overweight or use tobacco. These organizations are to “address behavior change at the individual, community and systems levels; occur in community, school, worksite, and health care settings; and be focused on policy, systems, and environmental changes that support healthy behaviors.” Directly targeting alcohol use has been removed from the provision in this incarnation of the bill.

The governor spoke of tax credits for individuals and families who purchase their own private medical insurance. Such a plan would give people a tax break equivalent to that which employers receive. This plan didn’t materialize in the bill. The section dealing with tax credits merely directs the commissioner of health to develop a tax credits proposal, and submit a report and recommendations by 2009.
 
Lawmakers are selling this bill as meaningful health care reform. It isn’t. The bulk of the bill deals with expanding the number of enrollees to Minnesota Care, and state employee health plans.
 
What’s in it for the rest of us? Yet more nanny-state busybodies born of state-sponsored behavior modification.
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Legislative Frenzy Last Day of Session
Dan's Blog By Dan McGrath on 5/19/2008
Minnesota State CapitolMinnesota’s legislature called it quits after a final day of negotiations that ran into the night. Agreed on by all sides in their hasty departure from the Capitol were a retouched version of the vetoed health care reform bill, a property tax juggling act, restored funding for the Central Corridor light rail line (and, coincidently funding for the Vermillion State Park, a pet project of the governor’s), increased Local Government Aid, and money for new polar bear cages at Como.
 
A couple vetoes by Governor Pawlenty earlier in the session were reversed on Sunday, after some deals were brokered. DFLers wanted $70 million for the Central Corridor light rail project. The governor said the LRT was too expensive, needed more study and he line-item vetoed it out of the bonding bill. It looks like what the train really needed was more grease. The governor got his $20 million for the Vermillion State Park, and Central Corridor is back on track – sans study.
 
Health care reform vetoed last week was resurrected with a bit of fat trimmed and a shiny new number pasted over the beat-up bill. HF3391 became SF3780, enrollment and budget increases were scaled back some, but it’s essentially the same bill the governor vetoed before. Property tax maneuvering and a compromise on use of the Health Access fund seemed to be the necessary lubricant to dislodge this bill from it’s deserved grave.
 
Some last-minute spending includes $300,000 for a new polar bear exhibit at Como Park, and $60 million in increased Local Government Aid (LGA). It may come as a relief to taxpayers to know that the legislature won’t reconvene until January of 2009 (unless the governor calls a special session), because Minnesota’s 85th Legislative Session was a doozy. This legislature passed one of the largest tax increases in state history, took a $2 billion budget surplus, turned it into a billion-dollar deficit and spent another billion on credit. No doubt, Minnesota could not afford a fulltime legislature.  
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Founder's Quote of the Week

"But as the plan of the convention aims only at a partial union or consolidation, the State governments would clearly retain all the rights of sovereignty which they before had, and which were not, by that act, EXCLUSIVELY delegated to the United States." --Alexander Hamilton, Federalist No. 32

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