Single Page Text Only - 04/14/12

Tea Party on Monday

The Mission Viejo Tea Party will take place on Mon., Apr. 16, from 5:00 p.m. to 7:00 p.m. on the corners of La Paz and Marguerite. It is the fourth annual Tax Day protest. While the official Tax Day is Apr. 17 this year, rallies will continue throughout a three-day period.

Last week, a Tax Day Protest in Los Angeles was canceled. The L.A. event was unrelated to the Tea Party in Mission Viejo. Tea Party groups are independent, and most of them don’t rely on outsiders for help. According to the L.A. group, such reliance led to the cancelation of their Tax Day Protest.

A five-page letter on the L.A. group’s website details how an outsider infiltrated their Tea Party committee. After weeks of preparation, the organizers canceled the rally, concluding they should have done a background check instead of operating on blind trust. The lengthy description was posted on the website prior to being shorted to a summary of the lesson learned

From the inception of the Tea Party movement in 2009, it has been based on conservative ideals of constitutionally limited government, free markets, lower taxes and personal freedom. Another objective of the national 2012 Tax Day Protest is to unite various factions who want to unseat liberal, big-spending politicians.

Community members who drive by the Mission Viejo rally on Monday will see protest signs. The acronym TEA stands for Taxed Enough Already, and it reflects the spirit of the Boston Tea Party of 1773.

The Mission Viejo event will include patriotic music during the warm-up led by Jeff Morrow. Tom Speiss, the group’s vocalist for most of the rallies, passed away in December after battling lung disease for several years.

Speakers during the Tea Party will be introduced by Todd Spitzer, who also emceed the event a year ago. Spitzer as a former Assemblyman championed issues important to Mission Viejo’s residents. During the 2007 wildfires that threatened 2,000 homes in Foothill Ranch, he was on the front lines, trying to get four National Guard helicopters into action during the crucial early hours of the fire. While bureaucrats said it was the wind that kept the helicopters grounded, subsequent information showed it was red tape.

Speaking during the Tea Party will be GOP County Chairman Scott Baugh and Karl Heft, vice president of the California Republican Assembly. Other speakers include leaders of conservative groups.

Attendees are invited to bring protest signs or American flags to wave.

CUSD Update
Open Letter to the Editor by Dawn Urbanek

Fundraising Pays for Core Educational Programs at CUSD

Marcus Walton, Chief Communications Officer for CUSD, called and expressed several concerns that the district had with an open letter that I wrote on March 15, 2011, published on San Juan Capistrano Patch [ http://sanjuancapistrano.patch.com/articles/letter-to-the-editor-preventing-bankruptcy-at-capo-unified ]. Mr. Walton asked me to clarify my position on a couple of items that the district took issue with. I have already clarified my position on the 63% increase in employee compensation over the last 12 years; while at the same time, CUSD has had to cut $98 million dollars from its budget [ http://sanjuancapistrano.patch.com/articles/letter-to-the-editor-teacher-salaries ]. I am now going to address the district's concern about the portion of my letter regarding fundraising.

In Mr. Walton's letter [ http://sanjuancapistrano.patch.com/articles/letter-to-the-editor-cusd-responds ] the district took issue with my statement that fundraising dollars are being used to pay for "Core" Educational Programs stating: “Claim 2: District staff suggests student body groups pay for ‘core programs.’ District staff plans to work with student body groups to determine if they can support some of the costs for extracurricular activities, not for core academic programs.”

By Mr. Walton's own admission, district staff plans to work with student body groups to determine if they can support some of the costs for "extracurricular" activities. California law sees no difference between "curricular" activities and "extracurricular" activities under the "Free School Guarantee" of the California Constitution.

The "FREE SCHOOL GUARANTEE" of the California Constitution:
Under the law- educational activities "curricular" or "extracurricular" offered to students by school districts fall within the "Free School Guarantee" of article IX, section 5 of the California State Constitution. Hartzell v. Connell (1984) 25 Cal.3rd 899, 201Cal.Rptr. 601: 679 P.2d 35 [L.A. No. 31701. Supreme Court of California. April 20, 1984.]

The "Free School Guarantee" of the California Constitution requires the State of California to provide a "free and equal" education to all children no matter how wealthy or how poor. (See California Constitution Article IX, Section 5, article 1)

On Sept. 10, 2010, The ACLU filed a class action law suit, alleging that the State of California violated their constitutional duty to provide free and equal education by failing to ensure that California public school districts do not charge fees for educational activities. The Settling Parties agreed that requiring public school students to pay fees or purchase materials for either curricular or extracurricular educational activities is prohibited by the California Constitution. (See California Constitution Article IX, Section 5, article 1, Section 7(a) & Article IV, Section 16(a); Hartzell v. Connell, 35 Cal. 3d 889 (1984))

My March 15, 2011 LETTER TO THE EDITOR: Preventing Bankruptcy at Capo Unified stated:

Fundraising

Fundraising has allowed a greater and greater percentage of CUSD's budget to be spent on salaries, pensions and benefits; with greater and greater reliance on fundraising to pay for core educational programs.

For example, to continue Block Music and Meet the Masters (art program), my school's PTA was told to raise funds to pay for these programs or they would be eliminated. As more and more programs are cut, parents are being asked to donate more and more to schools for things that should be covered by the $50 Billion that taxpayers already give to the state of California for education.

The PTA, which is chartered as an "advocacy organization," has been turned into a "fundraising organization" with more and more time spent raising money and less time advocating on behalf of children.

Separate from the PTA as a fundraiser, parents have been asked to pay fees to participate is sports and other activities. Last year, the ACLU sued the state of California so that parents can no longer be forced to pay for books, supplies and participation in school activities, such as sports and other extracurricular activities. These "fees" were found to be illegal. A "public" school must provide the same opportunities to each student despite his parent's income or ability to pay.

Not only is the district facing $50 million in cuts, revenues from fees and fundraising will be less as a result of the ACLU lawsuit (DOE vs California). Download: Settlement agreement between state and ACLU over school fees

THE ACLU SETTLEMENT AGREEMENT

The ACLU Settlement Agreement (Page 33) specifically states that school supplies must be furnished by school districts without charge-

"California law provides "Writing and drawing paper, pens, inks, blackboards, blackboard erasers, crayons, lead pencils and other necessary supplies for the use of the schools shall be furnished under direction of the governing boards of the school districts" (Education Code section 38118). Based on this section, the Attorney General has concluded that materials and mechanical drawing sets for art classes, cloth for dressmaking classes, wood for carpentry classes, gym suits and shoes for physical education classes, bluebooks necessary for examinations, and paper on which to write a theme or report when such a theme or report is a required assignment must be furnished by school district without charge as necessary supplies. Such supplies appear to be supplies that must be available to students in order to participate in regular classroom work in the particular subjects involved."

The ACLU Setllement Agreement (Page 34) specifically states that charges may not be levied for the following:

  • A deposit in the nature of a guarantee that the district would be reimbursed for loss to the district on account of breakage, damage to, or loss of school property
    An admission charge to an exhibit, fair, theater or similar activity for instruction or extracurricular purposes when a visit to such places is part of the district’s educational program
  • A tuition fee or charge as a condition to enrollment in any class or course of instruction, including a fee for attendance in a summer or vacation school, a registration fee, a fee for a catalog of courses, a fee for an examination in a subject, a late registration or program change fee, a fee for the issuance of a diploma or certificate, or a charge for lodging.
  • Membership fees in a student body or any student organization as a condition for enrollment or participation in athletic or other curricular or extracurricular activities sponsored by the school (ASB cards may be sold to allow discounts or free entrance to games and social events).
  • Instructional materials must be furnished without charge to elementary and high school students. Adults may be assessed a charge for books not to exceed their true cost to the district. Education Code sections 60070 and 60410.
  • Fees to enroll and/or participate in activities of career technical student organizations which are part of a career technical class or course or instruction offered for credit. Education Code section 52375.
  • Pupils shall not be charged for transportation associated with activities of career technical student organizations which are part of a career technical class or course of instruction offered for credit when those activities are integral to assisting the pupil to achieve the career objectives of the class or course. Education Code section 52373. The exception to this is when the transportation is between the regular full time day schools that they would attend and the regular full time occupational training classes attended by them as provided by a regional occupational center or program. Education Code section 39807.5.

"DONATION" or "Cohersion"

There has been growing pressure placed on parents of CUSD students to "donate" and "fundraise" to pay for those things that they perceive to be fundamental to their children’s education. 92% of CUSD's budget currently goes to employee compensation, leaving only 8% of the Districts total budget to pay for "everything else". Building maintenance has being deferred for years, donations from parents are paying for supplies, instructional materials, art, music and science programs. Donations are now being used to buy back school librarians, counselors, nurses and instructional aids. Donations are also paying for teacher stipends, teacher release time, and staff development. In addition to the PTA as a fundraising organization, schools now have Foundations and Booster Clubs all working tirelessly to provide those things that the District is legally obligated to provide for free, under the California Constitutions "Free School Guarantee".

The word "donation" is used by the District as a means of circumventing the true intent of the law. Parents are continuously threatened by increased class sizes and the cancellation of programs as a means of coercing more money from taxpayers and parents to pay for those things that are fundamental to education of their children. The never ending cry for more money- and where to get it was addressed by Chief Justice Byrd in Hartzell v. Connell, 35 Cal. 3d 928 (1984):
"To permit wealth-based inequalities in public education ¶ one of few institutions with the potential to bring rich and poor together on a nonhierarchical basis ¶ would be to disrupt the role of education in promoting social cohesion."
"To some families, the fees represent a significant expenditure (see post, fn. 4); to others, they are minimal. Hence, it is apparent that the fee program imposes disparate burdens on students according to their families' wealth."

"Admittedly, the District is operating within a difficult structure of legal constraints. The electorate has voted to reduce taxation and expenditures, thus making it hard for local districts to maintain their accustomed levels of educational offerings. But local districts cannot alleviate the effects of taxation and expenditure limits by introducing constitutionally impermissible inequalities into public education. If the voters want higher quality education they must find a solution through the political process, either by employing the remaining permissible methods for raising revenues, or by relaxing the system of constraints.

Note: This opinion was written in 1984. Since that time, California Legislators have increase spending every year. California Schools are suffering because revenues have not been able to keep pace with the spending increases. In fact Districts have had to make deep cuts to their budget as a result of economically difficult times. Allowing Districts to enter into generous employment contracts without first complying with their constitutional obligation to pay for the basic educational needs of our children has devastated the California Public Education System. If Unions wanted to increase employee compensation each and every year, then the Union's should have found- "a solution through the political process, either by employing the remaining permissible methods for raising revenues, or by relaxing the system of constraints." Unions should never have been allowed to put increased compensation above the School Districts constitutional duty to provide a "Free and Equal Education" to every child. Had the State and it's Districts followed the letter of the law, spending first on the basic academic needs of the children, then considering increased compensation, CUSD would not have seen teachers’ salaries increase 63% over the last 12 years, leaving no money for basic supplies, music and art programs. In addition, CUSD would not have the largest class sizes in the State of California.

BIG EDUCATION!

Public schools are the largest item in state and local budgets. In the State of California, taxpayers allocate just under 50% of the entire State budget to education ($50 Billion dollars). In addition to what tax payers already spend on education, parents are being asked to fundraise and donate more than ever before. Relying on donations to pay for the basic educational needs of our children creates inequalities in the scope and quality of education that children receive. Schools that have a greater ability to fundraise receive more instructors, programs and supplies.

The tables below contain a breakdown of the total reported Donations by school from January 1, 2011 to December 31, 2011. The data shows that not all "donations are being reported" and, that what is being reported is being spent on the very things that the District is obligated to supply for free under the Constitutional Free School Guarantee.

Donations to CUSD are required to be reported to, and to be approved by the Board of Trustees. At each Board meeting there is an agenda item to accept donations. The following references the Board Agenda Date and Item and the amount of donations that were accepted at that meeting.

CUSD Board Meeting Date  Agenda Item     Donation
January 11, 2011      #7 (Page 93)    $95,970.92
February 8, 2011      #9 (Page 91)    $372,861.11
March 8, 2011       #7 (Page 93)    $383,626.94
April 11, 2011       #11 (Page 125)   $315,849.38
April 27, 2011       #12 (Page 47)    $39,341.10
May 25, 2011        #11 (Page 61)    $177,695.57
June 29, 2011       #15 (Page 77)    $349,854.66
July 2011         No Donations
August 2011        No Donations
Sept 12, 2011       #14 (Page 97)    $462,139.42
Sept 26, 2011       #12 (Page 77)    $112,667.17
October 26, 2011      #7 (Page 67)    $248,960.27
Nov 30, 2011        #10 (Page 161)   $493,035.31
Dec 12, 2011        No Donations

Total Reported Donations           
$3,052,001.85

[Link to individual donations for each school in the district]

Reported ADA Is a Misrepresentation of The Total Money Actually Spent Per Child in CUSD

These "reported" Donations total just over $3 million and account for far less than what is actually donated. There are many Foundations, Booster Clubs and PTA's that are fundrasing for their individual school, and not all of that money is being reported to the District. This means that what the District reports as "money spent per child" is inaccurate. Taxpayers and parents are spending far more on the education of their children than what is being reported by their District.

Legal, Moral and Ethical Concerns

In addition to the question of the "legality" of these donations, there are social and moral issues associated with funding education through fundraising. Do we really want to fund core educational programs through donations? From the data, it is obvious that those schools who are better at fundraising, get a better education than those schools who aren't able to raise as much money. From a moral perspective- do we really want to have so many organizations collecting money on behalf of a District which does not really have the ability to control the collection and dispersion of these funds?

How are fundraising organizations able to hire teachers, pay aids and pay for teacher release times? Do they pay workers comp, report wages and pay employment taxes? How is this pay reflected in the teachers overall compensation? Is this pay included in the teachers benefits and pensions?

Should these fundraising organizations be allowed to pay salaries to Foundation staff? The data shows that one Foundation reported total donations of $211.92 and paid salaries to the foundation in the amount of $8,500?

What is the real cost to educate a child when the school site budget is $450,000 and the school generates $350,000 in donations. Is it the ADA being reported by the District, or should it be the ADA reported by the District plus the total donations/number of students in the school?

Conclusion

CUSD currently pays the salaries of both Ronda Walen, President of the CUSD Classified Employee Union ($57,436 plus benefits) and Vicki Soderberg, Capistrano Unified Education Association President "aka" Teachers Union ($96,610 plus benefits). Both of these people are released from duty which means that even though the District pays their salaries, they only perform services for union members- so in short they are full-time lobbyists for their Union. Maybe contracts would be more fair to our children if there was a paid full time person at the District who could lobby on behalf of the children of CUSD.

Non-government Events

Following is a sampling of events and activities that are not funded by taxpayers or promoted by the Nanny State. Please support private enterprise and non-profit groups.

Sunset Wine Tasting, Fri., Apr. 20, 6:30 p.m. to 9:00 p.m., Dana Point Yacht Club, 24399 Dana Drive, Dana Point, (800) 797-7753, http://www.californiawinefestival.com/eventschedule.html

Imagination Celebration, Sat., Apr. 21, 11:00 a.m. – 2:00 p.m., Laguna Art Museum, fun-filled, hands-on art projects for families, 307 Cliff Drive, Laguna Beach, (949) 494-8971, http://lagunaartmuseum.org/imagination-celebration

Mariachis at the Mission, Sat., Apr. 28, 10:00 a.m. to 11:15 a.m., second and fourth Saturdays each month, free with paid admission to the Mission, Central Courtyard, Mission San Juan Capistrano, 26801 Ortega Hwy, San Juan Capistrano, (949) 234-1300, http://www.missionsjc.com/

Concerts at Soka University: Pacific Symphony featuring violinist Karen Gomyo on Sat., Apr. 28, 8:00 p.m., Jazz Monsters featuring Dmitry Baevsky and David Hazeltine on Wed., May 23, 7:00 p.m.; 1 University Drive, Aliso Viejo, (949) 480-4278, http://www.performingarts.soka.edu/news_events/events/default.aspx

OC Tastefest, Culinary Festival, Fri., May 4, 5:00 p.m. to 11:00 p.m., and Sat., May 5, 1:00 p.m. to 10:00 p.m., inaugural event showcases OC restaurants, continuous live music in the newly renovated Main Mall at the OC Fair and Event Center, 88 Fair Drive, Costa Mesa, http://octastefest.com/

Arroyo Trabuco Golf Club Calendar includes a champagne brunch and prime rib dinner on Sundays, 26772 Avery Parkway, Mission Viejo, call for reservations at O’Neill Bar and Grill, (949) 305-5100, http://www.arroyotrabuco.com/index.aspx

Movies, Edwards Kaleidoscope Stadium 10 in Mission Viejo, 27741 Crown Valley Pkwy, (949) 582-4020, get show times, watch movie trailers, see what's coming soon at
http://www.moviefone.com/theater/edwards-kaleidoscope-stadium-10/32/showtimes

Michaels, ongoing and new classes throughout March: sewing, Wilton Decorating, painting and crafts, 25310 Marguerite Pkwy, Mission Viejo, (949) 770-5001
ttp://locations.michaels.com/CA/MISSION-VIEJO/8513/index.html

Jo-Ann Fabric and Craft Stores, ongoing and new classes this week: how to sew, decorate cakes, quilt, knit, crochet and more, 26672 Portola Parkway, Foothill Ranch, (949) 588-7420, http://Joann.com

Big Bucks Bingo, Wednesdays, 6:15 p.m. early bird and 6:45 p.m. regular games, Mission Viejo Elks Lodge, Marguerite and La Paz, Mission Viejo, 949-830-3557. 
http://www.mvelks.com/

Political and Government Events Calendar

Moulton Niguel Water District meetings: Engineering and Operations on Mon., Apr. 16, 9:00 a.m., Finance and I.T. on Wed., Apr. 18, 9:00 a.m., Board of Directors on Thurs., Apr. 19, 5:30 p.m., 27500 La Paz Road, Laguna Niguel, (949) 831-2500, http://www.mnwd.com/board-of-directors/agenda.aspx

Mission Viejo Tea Party – Tax Day Protest 2012, Mon., Apr. 16, 5:00 p.m. to 7:00 p.m., corners of La Paz Rd. and Marguerite Pkwy, Mission Viejo. Hosts are the Republican Party of Orange County and Mission Viejo Tea Party Patriots. Music starts at 5 p.m. and the program starts at 5:30. Spirited, patriotic music and energized speakers. Attendees are invited to bring protest signs and American flags to wave. Some signs will be provided.

Orange County Board of Supervisors, Tues., Apr. 17, 9:30 a.m., Board Hearing Room, First Floor, 333 W. Santa Ana Blvd., Santa Ana, (714) 834-3100. http://egov.ocgov.com/ocgov/Government/Board%20of%20Supervisors/Meeting%20Schedule

Capistrano Valley Republican Women Federated, Wed., Apr. 18, 9:00 a.m. to 11:00 a.m., guest speakers will be Warren and Pam Duffy, Marbella Country Club, 30800 Golf Club Drive, San Juan Capistrano, RSVP to Sue Schultz, (949) 240-6799, esue39@cox.net

Saddleback Republican Assembly meets on Thurs., Apr. 19, 7:00 p.m.; program to be announced. SRA meets on third Thursdays at the Norman P. Murray Community Center, 24932 Veterans Way, Jacaranda Room-B, Mission Viejo. For information call (949) 360-1717.

Santa Margarita Water District meetings: Finance Committee on Fri., Apr. 20, 7:30 a.m.; Board of Directors on Wed., Apr. 25, 7:00 p.m., 26111 Antonio Parkway, Rancho Santa Margarita, (949) 459-6420, http://www.smwd.com/about-us/meeting-agendas.html

Concert at the Nixon Library: Sun., Apr. 22, The Sounds of Grace Handbell Choir. Doors open at 1:15 p.m., and concerts begin at 2:00 p.m. unless otherwise noted. Concerts are free and open to the public. Schedule is subject to change. Richard Nixon Library, 18001 Yorba Linda Blvd., Yorba Linda, (714) 464-1161, http://events.nixonfoundation.org/concerts/

El Toro Water District meetings: Engineering, Finance, Insurance Committee on Tues., Apr. 24, 7:30 a.m. to 10:00 a.m.; Board of Directors on Thurs., Apr. 26, 7:30 a.m. to 10:00 a.m. ETWD, 24251 Los Alisos Blvd., Lake Forest, (949) 837-0660, http://www.etwd.com/

Saddleback Valley Unified School District Board of Trustees will meet “if necessary” on Tues., Apr. 24, 6:30 p.m., at the district office, 25631 Peter Hartman Way, Mission Viejo, (949) 586-1234. The next regularly scheduled meeting will be Tues., May 8, 6:30 p.m. http://www.svusd.k12.ca.us/

Capistrano Unified School District Board of Trustees, regular meeting on Wed., Apr. 25, 7:00 p.m., 33122 Valle Road, San Juan Capistrano, agenda and supporting documentation are published on the website 72 hours prior to a meeting, (949) 234-9200, http://capousd.ca.schoolloop.com/

Aliso Viejo Republican Women Federated, Thurs., Apr. 26, 6:30 p.m. to 9:00 p.m., featured speaker will be Bill Whittle, Aliso Viejo Conference Center, 31 Santa Barbara Drive, Aliso Viejo, RSVP to (949) 859-2818.

South Orange County Community College District Board of Trustees, Mon., Apr. 30. Meeting times unless otherwise posted: open session convenes at 5 p.m., followed by adjournment to closed session, open session reconvenes at 6:00 p.m. or 6:30 p.m., adjournment by 9:00 p.m. Ronald Reagan Board of Trustees Room, Room 145, Health Sciences/District Offices Building, Saddleback College, 28000 Marguerite Parkway, Mission Viejo, (949) 582-4999, https://www.socccd.edu

Celebration of Justice, save the date, Sat., May 12, 5:00 p.m., Pacific Justice Institute fundraiser, Disney’s Grand Californian Hotel, Anaheim.

The Buzz

A Mission Viejo resident who lives near the former Kmart site on Los Alisos forwarded an alert about the April 16 council agenda. UDR is back with its housing project after the council voted it could not dump the affordable units. Since UDR claimed from the beginning the project should be built to meet the city’s affordable housing quota, the outcome was fair that UDR should build the affordable units. UDR now is asking for a “minor revision.” The resident’s message says the revision might sound minor because it adds no new units. However, it increases the number of bedrooms. Additionally, UDR has indicated it will demolish the old Kmart facility by breaking up the asphalt and concrete onsite rather than taking it elsewhere to create a dust storm. UDR continues to be a bad neighbor after allowing the property to decline for years.

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Should residents expect representation from council majority members – Frank Ury, Trish Kelley and Dave Leckness – who sold out to housing developers? Kelley surprised some people by voting with Cathy Schlicht and Rhonda Reardon to make UDR build its affordable units. However, look at Kelley’s history. She has said for nearly 10 years that she doesn’t want more affordable housing in “her” neighborhood – south Mission Viejo. Her vote on Monday could support UDR’s increased density, as she has consistently voted on behalf of developers for more housing. To contact council members about the vote on Monday, email them individually: fury@cityofmissionviejo.org , tkelley@cityofmissionviejo.org , dleckness@cityofmissionviejo.org , cschlicht@cityofmissionviejo.org , rbreardon@cityofmissionviejo.org

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From OC Supervisor Shawn Nelson’s April 13 newsletter: “This year, taxpayers have until Tuesday, April 17, to file their 2011 income tax returns and pay any tax due. This is because April 15 falls on a Sunday and Emancipation Day, a holiday observed in the District of Columbia, falls on Monday, April 16. According to federal law, District of Columbia holidays impact tax deadlines in the same way that federal holidays do. Therefore, all taxpayers will have two extra days to file this year. Taxpayers requesting an extension will have until Oct. 15 to file their 2012 tax returns.”

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Are Obama fans claiming his popularity is improving? Here’s the latest from Rasmussen: “The Rasmussen daily Presidential Tracking Poll for Sun., Apr. 15, shows that 22 percent of the nation's voters Strongly Approve of the way Barack Obama is performing his role as president. Forty percent (40%) Strongly Disapprove, giving Obama a Presidential Approval Index rating of -18. In a hypothetical Election 2012 matchup, presumptive Republican nominee Mitt Romney earns 48 percent of the vote, while President Obama attracts support from 44 percent.” http://www.rasmussenreports.com/public_content/politics/obama_administration/daily_presidential_tracking _poll

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Gems from Kevin Jackson’s Black Sphere: “Obama has told us that Reagan would be disappointed in today's Republicans. Obama knows as much about Republicans as a hillbilly knows about opera.” “Reaganomics – start a billion-dollar business in your parents’ garage. Obamanomics – live in your parents’ garage.” http://theblacksphere.net

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