Cinco de Mayo Disgrace in California

Another floor has been reached in America this week, this time in Northern California.  Most have heard about the incident by this point, but for those who have not, here is the background story from Fox News:

California Students Sent Home for Wearing U.S. Flags on Cinco de Mayo

Administrators at a California high school sent five students home on Wednesday after they refused to remove their American flag T-shirts and bandannas -- garments the school officials deemed "incendiary" on Cinco de Mayo.

Administrators at a California high school sent five students home on Wednesday after they refused to remove their American flag T-shirts and bandannas -- garments the school officials deemed "incendiary" on Cinco de Mayo.

The five teens were sitting at a table outside Live Oak High School in Morgan Hill, Calif., on Wednesday morning when Assistant Principal Miguel Rodriguez asked two of them to remove their American flag bandannas, one of their parents told FoxNews.com. The boys complied, but were asked to accompany Rodriguez to the principal's office.

The five students -- Daniel Galli, Austin Carvalho, Matt Dariano, Dominic Maciel and Clayton Howard -- were then told they must turn their T-shirts inside-out or be sent home, though it would not be considered a suspension. Rodriguez told the students he did not want any fights to break out between Mexican-American students celebrating their heritage and those wearing American flags.

Dariano's mother, Diana, told FoxNews.com she and parents of the other four students are now demanding an apology from officials and are considering a lawsuit.

"We want an apology," Diana Dariano said Thursday. "Who in the United States of America would have an issue with that? It's a sad, sad day."

Dariano said her son has at least four T-shirts with American flags that he wears often and did not try to cause any conflict at school.

"I'm more hurt than anything," she said. "It is so hurtful and disrespectful the way this has turned. These are American kids."

The boys told Rodriguez and Principal Nick Boden that turning their shirts inside-out was disrespectful, so their parents decided to take them home.

"I just couldn't believe it," Julie Fagerstrom, Maciel's mother, told the Morgan Hill Times. "I'm an open-minded parent, but it's got to be on both sides. It can't be five kids singled out."

Galli told NBC Bay Area, "They said we could wear it on any other day, but today is sensitive to Mexican-Americans because it's supposed to be their holiday so we were not allowed to wear it."

In a statement released Thursday, Morgan Hill Unified School District Superintendent Wesley Smith characterized the incident as "extremely unfortunate" and said the matter is under investigation.

"The Morgan Hill Unified School District does not prohibit nor do we discourage wearing patriotic clothing," Smith's statement read. "The incident on May 5 at Live Oak High School is extremely unfortunate. While campus safety is our primary concern and administrators made decisions yesterday in an attempt to ensure campus safety, students should not, and will not, be disciplined for wearing patriotic clothing. This matter is under investigation and appropriate action will be taken."

Officials at Live Oak High School did not return several messages seeking comment on Thursday. A secretary told the Morgan Hill Times that Boden and Rodriguez were unavailable for comment on Wednesday.

According to its website, Live Oak High School is a 1,300-student institution in the southern part of Santa Clara County, with most students residing in the nearby cities of Morgan Hill and San Jose.

"The student population reflects the rich ethnic and socioeconomic diversity of the community," the website reads.

More than 100 students were spotted wearing the colors of the Mexican flag -- red, white and green -- as they left school, including some who had the flag painted on their faces or arms, the Morgan Hill times reported.

While bandannas of any color are banned at the school, its dress code policy does not contain references to American flags.

"However, any clothing or decoration which detracts from the learning environment is prohibited," the policy reads. "The school has the right to request that any student dressing inappropriately for school will change into other clothes, be sent home to change, and/or be subject to disciplinary action."

Freshman Laura Ponce, who had a Mexican flag painted on her face and chest, told the Morgan Hill Times that Cinco de Mayo is the "only day" Mexican-American students can show their national pride.

"There was a lot of drama going on today," Ponce told the newspaper.

Some other Mexican-American students reportedly said their flags were taken away or asked to be put away, but no other students were sent home on Wednesday.

Eugene Volokh, a professor of law at the University of California-Los Angeles, said the students are protected under California Education Code 48950, which prohibits schools from enforcing a rule subjecting a high school student to disciplinary sanctions solely on the basis of conduct, that when engaged outside of campus, is protected by the First Amendment.

If the school could point to previous incidents sparked by students who wore garments with American flags, they could argue that the flag is likely to lead to "substantial disruption," Volokh said.

"If, for example, there had been fights over similar things at past events, if there had been specific threats made," he said. "But if [school officials] just say, 'Well, we think it might be offensive to people,' that's generally speaking not enough."

Volokh said the students and their parents likely have a winning case on their hands if they decide to take the matter to court.

"Oh yes, it's almost open and shut," he said.

Lis Wiehl, a former federal prosecutor and a Fox News legal analyst, said the incident appears to a "blatant" violation of the students' First Amendment right to free speech. She noted that inciting violence is an exception to a First Amendment legal defense, but Wiehl said she saw no indications that the students provoked anyone.

"Unless I'm missing something, this seems like a blatant violation of the First Amendment," said Wiehl, adding that uniforms are not required at the public school. "And they're wearing, of all horrific things, the American flag."

What a disgrace!  I hope the parents of these boys take the school officials, school district, and local jurisdiction to court.  I'm sure you all were as suprised as I was to hear that the ALCU has remained silent on this issue and did not jump at the chance to help and represent these five boys.  Where does this end?  We are being slowly turned into an America that none of us recognizes anymore.  Very sad...

So Much to Catch Up On....

Well, it took me more than just a few hours to finally get a window of time to get my thoughts together from the past few weeks.  This is a short recap of some key events and thoughts:

Bloomberg Blames the Tea Party for NYC Terrorist Attempt -- Taking the lead from the mainstream media, NYC Mayor Michael Bloomberg decided to immediately, without any information from authorities, take a "guess" at who left the SUV in Times Square in a failed terrorist attack earlier this week.  The TV networks insisted that the failed terrorist was "white".  Bloomberg decided that he needed to expand on that description and said that it was "probably someone who was upset with the government or with ObamaCare".  Of course, authorities have apprehended Faisal Shahzad (you guessed it, not white...), who is a nationalized citizen born in Pakistan.  The Left will stop at nothing to paint Conservatives and/or Tea Party Americans as racists and domestic terrorists.  We just went through this set of lies on the Left's part following the passage of ObamaCare.  All we heard from the John Lewis' of the world is that the n-word was used and they were spit on.  In a world where EVERYTHING gets captured on video via I-Phones, BlackBerries, and other mobile devices and is posted on the Internet in minutes, we are now nearly two months later and still no one can produce a video of these "incidents".  This is because it NEVER happened...

Heritage Foundation is Launching New 501(c)(4) Lobbying Subsidiary -- Attended the Spring 2010 President's Club meeting of the Heritage Foundation earlier this week and learned about their new advocacy organization -- Heritage Action for America.  Heritage Action will lobby for bills before Congress, but not for candidates (yet...).  Dr. Feulner, Heritage President and Mike Needham, CEO of Heritage Action penned an Op-Ed in the April 12 Wall Street Journal that details the creation of this new organization.  Exciting times at Heritage where membership has now reached nearly 650,000 members. 

Joe Bonamassa Show in Washington -- As RC Blog readers know, I'm a big fan of the Rock/Blues sound of Joe Bonamassa.  JB played at Lizner Auditorium on 4/26 before a near sold-out audience of 1,400.  During his 2 hour, 20 minute show, the crowd was treated to a special event.  Legendary Blues guitarist/songwriter Bobby Parker came on stage to play a few songs with Joe.  Parker, now 74, was legend in the U.S. and London during the late 60s and early 70s.  Jimmy Page of Led Zeppelin fell in love with Parker's sound and tried signing him to Led Zep's record label.  It was a great bonus to a great night of Joe.  Here's a video of JB and Parker at Lizner:



Dr. Lee Edwards Authors New Biography on William F. Buckley -- During my years of involvement with the Heritage Foundation, I have struck up a friendship with Dr. Lee Edwards, who has been a key voice in the Conservative movement for some time.  He had been telling me for the past two years about the biography he was writing on William F. Buckley.  It was released last week and I was able to get a copy from Dr. Edwards earlier this week in Washington.  Look for a review on the RC Blog in the next few weeks.  To order a copy of the book, click here...

Lack of Federal Response to Oil Spill -- Looks like the Obama Administration has a Katrina-like problem on their hands.  Nine days after the oil rig in the Mississippi began burning and eight days after it exploded and collapsed killing 11 workers, the Obama Administration finally began providing the appropriate attention to this disaster to human life and the environment.  This is the first real challenge that President Obama has dealt with and he hasn't been able to handle it.  Like most issues with President Obama, he tries to back-track on previous comments and like to "expand" the truth.  To say that the government was their on Day One because the U.S. Coast Guard immediately responded to the event is a weak and pathetic argument.  The Coast Guard would response immediately, with or without Obama's orders.  That's what they do for a living!  That's like giving a Governor credit because the state police immediately responded to a major car wreck on I-95. 

Mike Pence in 2012? -- As RC Blog readers know, our No. 1 Congressional member is Mike Pence of Indiana.  This guy has all the makings to become POTUS at some point and that chance may come as early as 2012.  We were disappointed that he did not go after the Bayh senate seat that is opening up this year, but he is No. 3 in the House right now and that is tough to give up.  He knows the issues, is an excellent communicator (best since Reagan), and has "the look".  Pence gave an excellent speech before the Heritage Foundation's President's Club earlier this week where we were in attendance and had a few moments to meet with him.  We were happy (and shocked...) to hear him say that he has been to the RC Blog!

Fairfax County Republican Committee Undergoes Significant Overhaul -- Kudos to Anthony Bedell who has done a remarkable job in taking a battered and beaten Fairfax County Republican Committee several years ago and built it into a strong and vibrant organization.  Bedell's energy and enthusiasm has gone a long way in weeding out the dead wood from the party and refilling the financial coffers of the Committee.  Just last night, a major overhaul of the entire organization and regional districts was announced.  RC Blog applauds Bedell and his office for this much-needed reorganization.

Pope Benedict Announces Some Immediate Reforms for Legionaries of Christ Order -- On May 1, the Vatican released a statement regarding the year-long apostolic visitation of the Legionaries of Christ order to determine its future, following the various well-known scandals involving its deceased founder.  As for immediate next steps, the Holy See will appoint a commissioner or delegate to run the Legion of Christ for the foreseeable future. The May 1 statement suggests that this delegate will have plenipotentiary powers, including making recommendations to the Pope about the future of the Legion of Christ—about which, it seems, all options remain on the table.  In addition, the Vatican commission will carefully examine the Legion’s constitutions.  The future of the Order remains in jeopardy, but I am thankful that it was not immediately disbanded following the report by the visitors.  In my six or seven years of interaction with various LC priests, they are all excellent leaders of our faith and have had a positive influence on my life.  I continue to pray for all of them as they go through this difficult time.

Been Away for Two Weeks

Sorry folks for the lack of blogging.  Been sick, on travel, and extremely busy.  I will post a recap of issues, events, and thoughts later today....

Unconstitutional Mandate

Virginia AG Ken Cuccinelli released the following Op-Ed, which ran on National Review Online last week:

Unconstitutional Mandate
Virginia's Obamacare lawsuit is about more than just health care.

There are very good reasons that the federal government has never, in the last 221 years, used the Commerce Clause of the Constitution as a vehicle for requiring citizens to purchase goods or services from other citizens.

The first is textual. Article I, Section 8 of the Constitution provides that "the Congress shall have Power . . . To regulate Commerce with Foreign Nations, and among the several States." Although there have been disputes about just how far this should reach into commerce that is entirely intrastate, until now, it has been recognized that this constitutional provision deals with regulation of commerce - that is, with the use of law to impose reason and order on the voluntary commercial actions of citizens, as well as on activities that substantially affect commerce. An individual mandate to purchase health insurance is not regulation in that sense.

Another good reason this has not been done before is that it turns the Commerce Clause into an alternative, off-books funding mechanism. According to the "findings" section of the law itself, the mandate achieves economies of scale, but in reality, it achieves income redistribution. The law caps the amount that insurance companies can charge based on age, and forbids them to exclude those with pre-existing conditions. As such, the young and healthy people the law forces to buy insurance are overcharged for the purpose of subsidizing the old and those with pre-existing conditions.

One of the drafters of the health-care legislation acknowledged that it uses the Commerce Clause to redistribute income. Sen. Max Baucus, chairman of the Senate Finance Committee, admitted during the Senate reconciliation debate, "This is also an income shift. . . . This legislation will have the effect of addressing . . . mal-distribution of income in America."

Congress could have achieved this in an aboveboard fashion by establishing a special insurance fund for persons with pre-existing conditions, to be funded with general tax revenues, but it lacked the political will to do so. The Sixteenth Amendment authorizes the progressive income tax. It, the taxing powers, and the spending power are the traditional sources of the federal government's authority to create social-welfare programs such as Medicaid. The use of a purchasing mandate instead crosses an important constitutional line.

Do most Americans think Congress has the power to force them to buy products from private companies, and to mandate that those products be overpriced for the purpose of income redistribution? Do most Americans think Congress should have this power? Clearly, the authority is not something that should be conceded until after careful consideration by the Supreme Court.

Fortunately, Virginia's governor and legislature acted decisively - and in a bipartisan fashion - to adopt Virginia's new anti-mandate law, the Health Care Freedom Act. The law states that in Virginia, citizens cannot be compelled to purchase health insurance against their will. It is in direct conflict with the federal health-care bill, and we have filed a lawsuit to defend it.

(This conflict can be expeditiously heard in a federal court in Virginia, which is why Virginia has not joined the other states suing in Florida. We fully support their lawsuit, and we have offered assistance in the form of shared research and an amicus brief to the Florida court on their behalf. We welcome the same from them.)

Virginia's challenge to the health-care bill is not just about buying insurance. It is about the limits of the power of the federal government and its relationship to citizens. Ultimately, it is about liberty itself.

- Kenneth T. Cuccinelli II, Attorney General of Virginia

Mickelson's Win at Augusta a Victory for Families

Although I am not a devoted golf enthusiast, I do typically watch the four PGA majors and have always loved watching The Masters each April. This year’s Masters was especially enticing as it marked the return of the world’s No. 1 golfer Tiger Woods, following his personal and marital issues that became global news headlines beginning late last year. This was to be the “new Tiger” with a better attitude about his game and a better appreciation of the fans.

By late Sunday afternoon, golf fans were instead treated to watching a golfer who couldn’t be a more polar opposite of Woods off the course and is now getting closer to matching his excellence on the course. Phil Mickelson captured his third Green Jacket at the Masters, dedicating his victory to his wife and mother who have been battling breast cancer for the past year.

Over the past year while Woods was racking up another $10 million on the PGA tour winning 6 of the 17 tournaments he entered and spending his “off the course” time engaging with prostitutes and Waffle House waitresses, Mickelson game slipped (although he was still ranked No. 2 in the world behind Woods) for obvious reasons. His focus was not on golf but rather on accompanying his wife to chemotherapy sessions and being with his mother during his recovery. Golf is a mental game and Mickelson’s mind was, understandably so, elsewhere. Although the prognosis is good for both his mother and wife Amy, the mental toll on Mickelson was and must still be immense.

Following Mickelson’s putt for birdie on the 18th green, he embraced Amy and viewers could feel the love he has for that woman. Sadly, less than five minutes later, Woods was interviewed by CBS and he displayed the same petulant, pompous, and arrogant attitude that got him into trouble in the first place. In addition, his promise to tone down his on-the-course cursing and club slamming was broken halfway through the final round.

How ironic that Woods, who blew up and destroyed his family, is now playing second fiddle to the quiet and pro-family guy Mickelson. Let’s hear for the good guy!