PDA

View Full Version : The Green Police Cometh. DOE Search and Seizure!!!



Sev
04-13-2010, 07:09 AM
More hope and change from the Bolsheviks.

http://www.americanthinker.com/2010/04/does_search_and_seizure.html

<span style="color: #000099">April 12, 2010
DOE's Search and Seizure
By Louis Case
The feds are coming to inspect your home if you want to sell it, according to regulations buried in cap-and-trade legislation and standards decreed by the Secretary of Energy. But there are numerous legal difficulties inherent in DOE "inspections." Here are a few:

First, the regulations purportedly require homeowners to submit to a warrantless search of their property. The result of this inspection ("looking in") of their home would be to condemn real property (fixtures and things attached to the land are real estate in many states) and/or personal property.

There has been a controversy about whether so-called regulatory searches require a warrant. But whatever the state of the law is now, one should consider the truth of the words of the Supreme Court in Camara v. Municipal Court, a case about a warrantless regulatory search:

We may agree that a routine inspection of the physical condition of private property is a less hostile intrusion than the typical policeman's search for the fruits and instrumentalities of crime. ... But we cannot agree that the Fourth Amendment interests at stake in these inspection cases are merely "peripheral." It is surely anomalous to say that the individual and his private property are fully protected by the Fourth Amendment only when the individual is suspected of criminal behavior.


The Supreme Court goes on to suggest that there are indeed criminal consequences in many cases involving regulatory searches. But consider the logical consequences of such an argument. If a warrantless regulatory search results in eventual criminal prosecution, then it is prohibited. If that were true, then it would mean that warrantless searches not resulting in dire consequences are permissible. Following such logic, the government's ability to make warrantless searches is commensurate with the unserious consequences resulting from the warrantless search. Thus, the most law-abiding citizens would have the least protection from warrantless searches.

The second legally problematic issue of these regulations involves their attempt to alter property law. There is no federal property law, and there has never been any federal property law. Real and personal property law is exclusively state law. This fact is confirmed daily in federal civil (bankruptcy) and criminal (theft, robbery) courts across the land.

Practically, there can never be any federal property law. Creating and imposing federal property law would mean that existing property rights would have to be altered. If the federal government federalizes property law, then it would necessarily have to take existing property. If it takes existing property, the Fifth Amendment requires payment of just compensation. In our march to true communism, it seems theoretically possible for the federal government to nationalize all property if it could borrow enough money to pay for it. But if the government paid all the current property owners for the property taken, those owners would have the money but no property to buy, since all property would be owned by the state and the state would not have to sell the property to private citizens.

By ordering the replacement of existing and working personal and real property (like electrical appliances and light bulbs), the DOE is condemning the owner's property. When the government condemns property, the Fifth Amendment requires just compensation. This fact has been recognized in years of precedent in non-conforming uses.

Suppose a community with no zoning laws finally adopts one requiring a twenty-foot setback line for structures; that is, buildings must be at least twenty feet back from the street. What about a building constructed ten feet back before the zoning code was adopted? That landowner built the structure relying on the law at that time, which had no such restrictions. The municipality can surely force the landowner to move the building, but the municipality will have to pay because it is taking the landowner's property -- the right to have the property ten feet from the street.

If regulations like the DOE's are enforced and upheld, there appears to be no limit to the federal government's authority to terminate or alter one's property rights. Furthermore, the ability to alter one's property rights then derives from the seller of the product in question. Suppose GM builds a car that is safer than last year's model. hy could the Department of Transportation not require the property (car) owner to retrofit last year's model, or prohibit its sale completely? You can bet that General Electric (and other manufacturers) will start building appliances with planned energy obsolescence.

These are just a few of the legal challenges to the DOE's regulations. Nevertheless, the DOE rules might be implemented, and here's how: In most communities, the local realtor and bar associations get together to draft a form for real estate sales. It is simply a fact that neither the realtors nor the lawyers get paid unless there is a closing, and they do not want any hassles to delay those closings. So what they might do is put a paragraph in the sales agreement in which both parties agree to let federal DOE agents perform a warrantless search and agree that the appliances will conform to the federal regulations or be replaced. Let buyers (and sellers) of property beware -- and be prepared.
</span>

Sev
04-13-2010, 07:14 AM
http://www.americanthinker.com/blog/2010/04/onerous_new_doe_regulations_he.html


<span style="color: #000099">April 09, 2010
Onerous New DOE Regulations Headed Our Way
F. Swemson
The Department of Energy announced Thursday that it has finalized the new and higher energy efficiency standards for several classes of appliances which they decided upon last year. Those standards can be found here.

Warning! Keep your seat belts on, this is going to be a bumpy ride.

The announcement from DOE Secretary Steven Chu says that these changes will save 164 Million Metric Tons of CO2, from entering the atmosphere due to our use of more efficient electrical appliances.

Damn that's a lot of CO2............. Or is it?

There's a total of roughly 800Gt (Gigatons) (798Gt actually) of CO2 in our atmosphere, of which roughly 27Gt comes from man's activities.

164M (Million) Mt (Metric Tons) over 10 years = 16.4MMt per year = 1.6% of 1Gt = 1.5 billionths of 1% of the atmosphere every year.

And this is going to cost us how many billions of dollars?

Even if there were any ill effects of adding more CO2 to the atmosphere, which there aren't, anyone who does the math here has to see how utterly insane this is. I've heard some of the real experts say that doubling the CO2 in the atmosphere of 387ppm Parts Per Million) would raise our average temperatures less than 1įC, and even if that happened, so what... warming is good !

They say this is going to save us $10BB over 30 years, that's $300 million per year, but even though our government now talks about billions, as if they were hundred dollar bills, those numbers are still deceiving.

This insanity won't be hard to measure in economic terms, but there's another measure of how much this will cost other than dollars, and if the real environmentalists knew about this, they might think somewhat differently.

Rather than just asking how much it will cost us to retrofit these appliances in our homes, we should ask how energetic that retrofit is. To do that, you have to add in all of the energy costs involved in making the changes. For example, when you replace your water heater, you have to ask how much fuel will be used by the plumber who brings your new water heater to your home? How much fuel was used in shipping the water heater from the manufacturer to the retail outlet where you bought it? How much fuel was used in producing and transporting all of the parts used to make the water heater to the manufacturer? And how much fuel was used to produce and transport the raw materials used to make those parts by the parts manufacturers. And that's just the fuel used.. What about the electricity used throughout the process?

I'm guessing that many will not get too upset over this. Their thinking will be that since their water heater is probably going to last for no more than another 5 years, it's no big deal. Since they'll have to replace it anyway, why not replace it with a more efficient one when they do? Unfortunately there's more beneath the surface, and it's another Obama land mine, because like everything else this administration has told us thus far, they're only telling us part of the story. What's actually going to happen is that anyone who tries to sell their home is going to need to replace that perfectly good water heater, and lots of other electrical devices in their homes in order to legally sell their home.

What was that you said?

If that last sentence surprises you, then you're not aware of the fact that the Obama administration is planning to force us to register our homes, just like our cars, and get them inspected by an authorized agent of the DOE in order to get an "Inspection Label" for the home. So I suggest that you all read the Cap & Trade bill which was passed by the House last June, and which President Barack Obama is probably going to try to ram through the Senate shortly. That abomination of a bill requires us to bring our homes into compliance with each of the new standards for all regulated appliances, in order to legally sell them.

And if that's not enough, it's not just about water heaters, or home heaters either:

"Since President Barack Obama came to office, the DOE has issued or codified new efficiency standards for more than twenty different products, which will save consumers between $250 and $300 billion on their energy bills through 2030:

March 2009 - 14 consumer and commercial products with standards prescribed in the Energy Independence and Security Act of 2007 (EISA 2007), including dishwashers, general service incandescent lamps and residential clothes washers


April 2009 - Microwaves, kitchen ranges and ovens


July 2009 - General service fluorescent lamps and incandescent reflector lamps


July 2009 - Commercial heating, air-conditioning and water-heating equipment


August 2009 - Beverage vending machines


December 2009 - Commercial clothes washers


February 2010 - Small electric motors


March 2010 - Residential water heaters, direct heating equipment and pool heaters"

Watch out for the second to the last item listed above, because almost every electrical device you use has a "small electric motor" inside.

When you add the value of the millions of perfectly good appliances that are going to wind up on the trash heap, to the other costs of this bill, you'll realize how damaging this is going to be to our country.

Jeffrey Immelt must be licking his chops!
</span>

LWW
04-13-2010, 07:29 AM
One of the pillars of Marxism is that all property belongs to the state.

LWW

Sev
04-13-2010, 01:47 PM
Nothing but crickets.

One can only wonder why.

LWW
04-13-2010, 01:56 PM
"I tell you Winston, that reality is not external. <span style='font-size: 14pt'>Reality exists in the human mind, and nowhere else.</span> Not in the individual mind, which can make mistakes, and in any case soon perishes: <span style='font-size: 17pt'>only in the mind of the party, which is collective and immortal. Whatever the party holds to be truth, is truth. It is impossible to see reality except by looking through the eyes of the Party</span>."
-O'Brien to Winston Smith-

LWW

Sev
04-13-2010, 06:38 PM
Seems nobody wishes to dispute DEO's potential new task.

Even the libs will be effected by this maneuver. I can only imagine the amounts of bribes that will be proffered.

cushioncrawler
04-13-2010, 06:40 PM
But aint most of the homes empty.
madMac.

hondo
04-13-2010, 09:50 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LWW</div><div class="ubbcode-body">One of the pillars of Marxism is that all property belongs to the state.

LWW </div></div>





Liberal Guide to Debating Conservatives


Liberals have long since learned that debating Conservatives can be a challenging endeavor, since Conservatives are generally misinformed, and twist the truth beyond recognition. Present them with proven facts, after which you can expect to be personally attacked.

Not to worry. The following are several other tips Liberals can use right away to begin defeating Conservatives in every debate, every time.

Lib Tip # 1: Point out the fact that a Black face at a Conservative Convention is almost unheard of. Then point to the history of Southern White Racists, and link those racist attitudes with the many currently serving conservatives on Capital Hill, who applaud the racist signs used by their constituents. At last, remind them that Michael Steele, when exposed for his expensive spending of contributors money, pulled the race card. After pointing to this fact, you can expect to be personally attacked.


Lib Tip # 2: It is best to end a debate before it starts when a conservative begins to assert facts which have already been proven to be lies. Since they only watch Fox News, and listen to irrational zealots like Beck and Limpballs, don't expect anything rational to come from their opinions. End the debate, and then expect to be personally attacked, non stop into infinity.


Lib Tip # 3: Remember taht morals have been a thing of the past for Conservatives for many years. Point to the many pedophiles, closeted gays who stay in the closet, while purporting "Family Values" and vote against gay rights, then add to that all of the convicted felons and marital falanderers from the "Family Values" Christian Conservatives. Point out the pedophilia of the Catholic Church, and the child abuse at Christian Bible School Camps, After which, You can expect to be personally attacked.


Lib Tip # 4: Exploit the Weakest Link: Define your opponent by his weakest link. If 10,000 Tea Partiers hold a rally, amid racist signs which were displayed in front of Republican Leaders who applauded them right in front of the cameras, on the capital steps. your point can be proven just by providing the link to the many videos which prove your point.

Additionally, you can provide the links to the racist, angry mobs that began way back during the campaign. If they still persist, and call you a liar, which is their habit when proven wrong, you might consider refering them to the Southern Poverty Law Center, where reams of factual information is provided and which includes links to sources such as the FBI, and the Homeland Security Department, also warning of the dangers currently being displayed by the many numerous threats of violence, and multiple radical groups, growing within the conservative Tea Parties. This will also likely bring on another personal attack.


Lib Tip # 5: Be alert for their right-wing talking points. That is all that they have, so expect them to use them frequently. Remember, these people voted twice for George Bush, the worst president in history, who said that the Constitution was just a piece of paper, during his tenure, while he broke the Geneva Conventions, was slapped down three times by the Supreme Court for unconstitutional behavior, illegally spied on Americans, fomented torture and lied the country into a war. Don't expect Conservatives who applaud duntzes like Sara Palin, and George Bush, to have any appreciation for the REAL news of the day. Their goal is to avoid reality, so be careful to illimate them early on, from any attempt at real debate. Expect continued personal attacks, even years after you have ended any interaction.

Lib Tip # 6: Remember, these people hate their government, as they were brainwashed to do many years ago, by an actor who pretended to have a brain, so don't expect any real patriotism, or empathy for their fellow Americans. They may call themselves Christians, but in fact, they are greedy, cannot stand to think that any of their tax dollars might help another American, and only approve of seeing their taxes be used to kill people on the other side of the world, or fill the pockets of the walthy. so remember, they are truly not Christians, at all. Expect to be personally attacked when you point out their hisotrical documented lack of appreciation for any humanitarian endeavors.

Lib Tip # 7: Define America by itís Errors, not its Successes: This is what they love, since they hate their government. Expect to be personally attacked regardless, since attack mode is their only debating skill.

Taking a cue from Lib Tip # 4, It is important to characterize America by itís current goals and issues, since their ability to grasp the true historical information is unheard of. It is critical that you completely overlook all the bad moves America has made, and the manner in which Republicans supported and propped up one dictatorship after another. In fact, you must go to some lengths to divert people from the notion that because of Republican policies, particularly those of both Bush administrations, and Reagan's administration, the world is a far more dangerous, hostile, sad place. It is pointless to address these facts, since conservatives cannot grasp them.

Even pointing out the bad treatment of Indians and Slaves, will be denied by Conservatives, since they still think the White Man deserves to have slaves, and actually have Governors on the scene, currently, who praise the Confederacy, without a mention of slavery at all. Expect to be personally attacked after you do this...and don't bother mentioning how many Americans have been killed by the same Weapons of Mass Destruction which Conservatives have spread around the world for money for decades.

Lib Tip # 8: Blame talk radio and FOX news for fanning hate and racism: Because they are in fact the Conservative's main source of unamerican rheotric and lies. Avoid at all costs the fact that both talk radio and FOX news would not be able to spread around all theuir propaganda, if their King Communist, Ronald Reagan, hadn't removed all semblence of journalistic integrity, and standards. Pointing out that Fox's wide audience is linked to the same radical element, and growing irrational RW radical threat which our law enforcement is so concerned about, or the fact that some of the Fox Propagandists, and irrational RW pundits, have actually been linked to murders, will only bring about an example of that very irrational thinking and in some cases, threats of violence, from the Conservative with whom you have attempted to reason. Above all, NEVER try rational reasoning with a propagandized Conservative. They are beyond hope. Expect to be personally attacked, if you dare to maintain your own opinion.

Lib Tip # 9: Government is Good: Insist that appropriate government intervention is a good thing, and is included in the Founder's intentions.

Assert that it is our patriotic duty to pay taxes in spite of the fact that their beloved wealthy corporate fascist pigs, don't pay them. Nothing makes a Conservative more angry than when you point out that the wealthy do not pay their fair share of taxes, since they still believe in the already proven ridiculous theory of Trickle Down Economics.

Also, when debating with a conservative, don't expect any knowledge of economics in general, since they have been known to disregard even the most basic principles adn think that gross debt growth under Republcian control, is not a concern, at all. They ahve been known to defend this absurdity even in the face of complete economic collapse. Expect to be personally attacked when you point this out.


Lib Tip # 10: Send them to this web address http://blogs.wsj.com/economics/2009/01/09/bush-on-jobs-the-worst-track-record-on-record/tab/article/

which will prove all their ridiculous asssertions about Reagan's economic achievements to be just another of their fantasies. Bill Clinton created the best economy in recent history. Created more jobs than Both Bush's combined, and most Republicans. Tell them that Jimmy Carter produced more jobs than either W. or his father, combined. Expect to be attacked, personally, when you point out this fact.



And at last, and this is probably the best advice of all, Don't bother debating with Conservatives, at all. They are generally nasty people which you would be far better off avoiding entirely. Who want's to argue needlessly with brick headed idiots who think that Sara Palin is a genius, or that a man can live inside of a whale

hondo
04-13-2010, 09:52 PM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sev</div><div class="ubbcode-body">Nothing but crickets.

One can only wonder why. </div></div>

Toomuchblueinkgivesmeaheadachesorrycouldn'treadit.

ugotda7
04-14-2010, 12:00 AM
Itís so simple to be wise. Just think of something stupid to say and then donít say it.

JohnnyD
04-14-2010, 12:46 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: hondo</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sev</div><div class="ubbcode-body">Nothing but crickets.

One can only wonder why. </div></div>

Toomuchblueinkgivesmeaheadachesorrycouldn'treadit. </div></div>STOP the drugs hondo please.Please someone help this person.Get help.Jesus loves you.

JohnnyD
04-14-2010, 12:47 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ugotda7</div><div class="ubbcode-body">Itís so simple to be wise. Just think of something stupid to say and then donít say it. </div></div>He can't the drug use has taken it's toll.

LWW
04-14-2010, 01:25 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ugotda7</div><div class="ubbcode-body">Itís so simple to be wise. Just think of something stupid to say and then donít say it. </div></div>

Simple, yet brilliant.

What an elegant answer to the malady affecting so many members here.

Thanks for another awesome contribution sir.

LWW

Stretch
04-14-2010, 01:40 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LWW</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ugotda7</div><div class="ubbcode-body">Itís so simple to be wise. Just think of something stupid to say and then donít say it. </div></div>

Simple, yet brilliant.

What an elegant answer to the malady affecting so many members here.

Thanks for another awesome contribution sir.

LWW </div></div>

You should try it sometime. St.

LWW
04-14-2010, 02:05 AM
I would suggest that at first you aspire to mediocrity.

LWW

ugotda7
04-14-2010, 02:25 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Stretch</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LWW</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ugotda7</div><div class="ubbcode-body">Itís so simple to be wise. Just think of something stupid to say and then donít say it. </div></div>

Simple, yet brilliant.

What an elegant answer to the malady affecting so many members here.

Thanks for another awesome contribution sir.

LWW </div></div>

You should try it sometime. St. </div></div>


Exhibit A.

Stretch
04-14-2010, 04:06 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ugotda7</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Stretch</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LWW</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ugotda7</div><div class="ubbcode-body">Itís so simple to be wise. Just think of something stupid to say and then donít say it. </div></div>

Simple, yet brilliant.

What an elegant answer to the malady affecting so many members here.

Thanks for another awesome contribution sir.

LWW </div></div>

You should try it sometime. St. </div></div>


Exhibit A. </div></div>

Inadmissible. /forums/images/%%GRAEMLIN_URL%%/grin.gif

hondo
04-14-2010, 05:48 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ugotda7</div><div class="ubbcode-body">Itís so simple to be wise. Just think of something stupid to say and then donít say it. </div></div>


Originally Posted By: LWW: 'I apologize to the forum."

hondo
04-14-2010, 05:50 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JohnnyD</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: hondo</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Sev</div><div class="ubbcode-body">Nothing but crickets.

One can only wonder why. </div></div>

Toomuchblueinkgivesmeaheadachesorrycouldn'treadit. </div></div>STOP the drugs hondo please.Please someone help this person.Get help.Jesus loves you. </div></div>


Originally Posted By: LWW: "I apologize to the forum."

hondo
04-14-2010, 05:51 AM
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LWW</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ugotda7</div><div class="ubbcode-body">Itís so simple to be wise. Just think of something stupid to say and then donít say it. </div></div>

Simple, yet brilliant.

What an elegant answer to the malady affecting so many members here.

Thanks for another awesome contribution sir.

LWW </div></div>

Originally Posted By: LWW : "I apologize to the forum."

ugotda7
04-14-2010, 06:04 AM
You always have been a good follower of your betters.

Sev
04-14-2010, 06:12 AM
And yet still no comments on this aspect buried in cap and trade.
Its interesting as the left is generally all for the registering on licensing of guns.
However nothing on registering their homes and allowing the government to determine what devices are putting them in violation of the DOE's regulations.

I can only conclude that
1. They cant find anything that denies the claim.
2. It will at some time cost them huge amounts of money depending on the size of their homes and they dont support it but will not admit it.
3. They do not really believe and any right to privacy that they otherwise support at any other time.
4. And more likely. They actually support complete government intrusiveness into our lives and it controlling every aspect of it but dare not admit it as they know the majority of America does not support such overt actions by the government.