Law

Pass the Lipstick, Mr. President

by Bill O'Connell on March 3, 2010

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As President Obama said while campaigning to be President of the United States, “You can put lipstick on a pig, but it’s still a pig!”  How true.  Yesterday President Obama reached for the lipstick to dab on four proposals suggested by the Republicans to the massive pig of a health care proposal clinging to life.  The four proposals are:

  1. Use undercover medical professionals to conduct investigations to fight waste and fraud in Medicare, Medicaid and other Federal programs.
  2. “Demonstrations of Alternatives” to the current malpractice mess.
  3. Increasing doctor reimbursement for Medicare.
  4. Expanding Heath Savings Accounts (HSA).

The pig smiled.  She thought she looked beautiful.  Just don’t try to put a bikini on her because, as President Obama famously said, she’s still a pig.  Let’s look at the President’s magnanimous attempt at bipartisanship in detail.

1)  Undercover Medical Professionals to Uncover Fraud

It is estimated that somewhere in the neighborhood of $100 billion is lost or stolen each year from Medicare and Medicaid.  This program has been in place for 40 years.  If those numbers are consistent over that period, that’s $4 TRILLION.  Gone. Stolen from you and me.  How much better shape would we be in if we had that money back?  That’s government efficiency for you.

The President of the United States is the chief law enforcement officer in the country.  The amount of Medicaid and Medicare losses each year are four times the entire budget of the Department of Justice.  How’s this for a proposal?  Create a Medicare/Medicaid fraud unit within the FBI and fund it so that we can stop these losses.  If you stop the fraud, it’s free money.  What you save in fraud should more than pay for the FBI funding.  Why take medical professionals and give them law enforcement duties.  Are you going to ask police to operate on you?  Mr. President it’s your job to enforce the laws and prevent this widespread fraud.  You don’t need a new act of Congress.  Just Do It!

2) Tort Reform –No; “Demonstrations of Alternatives” — Yes

Trial lawyers are one of the biggest contributors to the Democratic Party.  Do you think such “Demonstrations of Alternatives” will amount to anything other than hush money?  “Shut up , we’re looking into tort reform.”  The counter argument is that Americans have a right to their day in court when they have been injured.  True enough, and I am reluctant to arbitrarily limit their awards through a fixed dollar limit.  I would take aim squarely at the lawyers.

John Edwards, one-time Senator and presidential candidate, was involved in about 63 cases as a personal injury attorney and amassed a fortune of about $70 million.  In one particular case, he stood before the jury and took on the persona of a child in the womb crying out for oxygen to appeal to the emotions of the jury and win the case.  Oddly enough he voted against a ban on partial birth abortion.  Gee, in the once case it’s a child who can actually speak while still in the womb!  But on the other hand it is just a mass of tissue at birth that can be disposed of with the trash.  We have learned a lot about the moral character of John Edwards.  He is the poster boy for the old joke, “How do you know a lawyer is lying?  His lips are moving.”

Here is a simple solution to tort reform.  Fixed fees for attorneys and loser pays.  The lawyers should set their hourly rate and bill according to hours worked, not how much they can squeeze out of the jury.  The award should be for the benefit of the injured party, not the lawyer.  The second part is to prevent frivolous lawsuits.  The loser pays the legal fees of the winner.  The argument here will be that the tables will be turned and no one will sue corporations for damages because of the risk of paying their legal fees.  Right now lawyers are running a lottery fishing for lawsuits of any kind because they know that most corporations will settle for less than it would cost to defend the suit, even if they know they are right.  All customers of that corporation pay more for their products (e.g., drugs, medical devices) and the lawyer gets rich.  I am sure that if such a proposal as this gets passed a new market for “legal fee insurance” will open up where a plaintiff with a strong case can buy insurance to cover the cost of the other sides legal fees if they do lose.

3) Increasing Doctor Reimbursement for Medicare

So much for bending the cost curve down.  The real way to curtail spending on health care is to eliminate 3rd party payers.  (see It can be done).

4)  Increase Health Savings Accounts

These plans exist today, however, they are not all available across state lines (see It can be done).  I had such a plan in New York while employed by a company, but when I went out on my own I could not buy the same plan in New York State.  We don’t need ObamaCare, we just need states to allow these plans to exist within their borders or allow individuals to buy across state lines.

The Pig Lives!

Three of the  four Republican proposals that President Obama likes don’t cost anything.  But he $1 trillion to $2 trillion health care catastrophe is still alive and until we slay that beast and start over we will go from a serious health care problem to a fiscal crisis and end up with both.  If you don’t believe me, read how the model for ObamaCare is working in Massachusetts.

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New Year’s Day 2010 – A New Decade of Hope and Change

by Bill O'Connell on January 1, 2010

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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.  – Tenth Amendment of the Constitution of the United States of America

 The Tenth Amendment

The Tenth Amendment of the Constitution is an interesting piece of work.  The way the Constitution is written is to explicitly state what the national government could do, and thereby exclude it from doing everything else.  When some of the Founding Fathers advocated a Bill of Rights the federalists strongly objected.  Why?  First, they thought it was redundant.  If, for example, the Constitution did not say the national government could regulate speech then having a First Amendment guaranteeing the Freedom of Speech made no sense.  The national government was only permitted to do precisely what the Constitution said it could do. 

 The second objection concerned having the opposite intent of the original writing of the Constitution.  You see, if the constitution has a provision that says what the national government cannot do (First Amendment barring free speech for example) it implies that the national government can do anything else that is not prohibited, which is exactly what the federalists did not want the Constitution to say.  It wanted to specifically enumerate the powers granted to the national government and no more.  So they compromised by adding the Tenth Amendment, which spelled out that distinction.  To quote Hamilton in Federalist 84:

 “Why, for instance should it be said that the liberty of the press should not be restrained, when no power is given by which restrictions may be imposed?”

The Federal Government’s Runaway Growth 

The federal government has expanded enormously particularly with FDR and the New Deal.  The Supreme Court has paid scant attention to the Tenth Amendment in curbing that expansion.  Perhaps it is time they gave it a closer look and more weight in their decisions.

 Below is what the Constitution says Congress has the Power to do.

 Article I. Section 8. The Congress shall have Power To:

  • Lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States;
  • To Borrow Money on the credit of the United States;
  • To regulate Commerce with foreign Nations, and among the several states, and with the Indian tribes;
  • To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
  • To coin Money, regulate the value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
  • To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
  • To establish Post Offices and post Roads;
  • To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
  • To constitute Tribunals inferior to the supreme Court;
  • To define and punish Piracies and Felonies committed on the high seas, and Offenses against the Law of Nations;
  • To declare War, grant Letters of Marque and reprisal, and make Rules concerning Captures on Land and Water;
  • To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two years;
  • To provide and maintain a Navy;
  • To make Rules for the Government and Regulation of the land and naval Forces;
  • To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrection and repel Invasions;
  • To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Apportionment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
  • To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards and other needful Buildings; — And
  • To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

 Does anybody see anything there about minimum wages?  miles per gallon?  housing subsidies?  urban development? education? energy?  James Madison summed it up thus in Federalist 45:

“The powers delegated by the proposed Constitution to the Federal Government are few and defined.  Those which are to remain in the State Governments are numerous and indefinite.  The former will be exercised principally on external objects, as war, peace negotiations, and foreign commerce;….The powers reserved to the several states will extend to all objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people, and the internal order, improvement, and prosperity of the state.”

To see how far we have come from Madison’s and the other Founding Fathers views can be seen in the New Deal era court case Wickard v. Filburn(1942).  Roscoe Filburn was a farmer during the Great Depression who was growing wheat to feed his chickens.  The Federal Government had imposed limits on how much wheat a farmer could grow based on acreage in order to prop up wheat prices.  The amount of wheat that Filburn was growing exceeded this number, however, Filburn intended to use the wheat entirely on his own farm.  Not only was the wheat not going to leave his home state, it was not going to leave his farm!  But the Supreme Court ruled that by growing more wheat than allowed, Filburn would not have to buy additional feed in the open market and by not doing so the lack of his consumption of wheat on the market would adversely affect the price of wheat, therefore he was violating the Federally imposed limits.  Now if that doesn’t set off Tenth Amendment alarm bells, I don’t know what could.

Federal Government Sprawl

Here are the cabinet level departments of the Federal Government.  Those in bold seem, in my opinion, to be consistent with the enumerated powers above.  Those in italics seem, again in my opinion, to be a national government overstepping its Constitutional bounds.  It is not that each and any of these things should not be done at all, but according to the Tenth Amendment should be at the discretion of the states or local government.

  •  Department of Agriculture
  • Department of Commerce
  • Department of Defense
  • Department of Education
  • Department of Energy
  • Department of Health and Human Services
  • Department of Homeland Security (Incorporate in Department of Defense) 
  • Department of Housing and Urban Development
  • Department of Justice
  • Department of Labor
  • Department of State
  • Department of the Interior
  • Department of the Treasury
  • Department of Transportation
  • Department of Veteran Affairs (Incorporate into Department of Defense)

 Federalism

 One of the brilliant ideas of federalism is the ability to vote in two ways.  One, is at the ballot box and the other is with your feet.  If my state puts forth a bad idea and the majority of the citizens of my state agree with the bad idea, I have the freedom to move to another state.  However, if we keep moving all these bad ideas up to the national level, my right to vote with my feet is taken away.  If states like California and New York choose to follow polices that lead to their bankruptcy, so be it, but let’s not force those policies on Texas and Florida or force the citizens of those states to pay for the mistakes of Californians and New Yorkers.

Since George Washington, who had four cabinet positions, we have added thirteen new cabinet departments and eliminated two and the ones eliminated did not go away, they simply became part of other government entities (e.g., Navy into Defense; Post Office into Postal Service).  In other words our government is telling us that they have not solved a single problem for which one of these agencies were created since 1789, otherwise why wouldn’t that cabinet department be shut down, after ceremoniously giving all the key players well deserved gold watches?  But Government encroachment marches on with the Obama Administration poised to devour one-sixth of the U.S. Economy into the Department of Health and Human Services.  They tell us they know how to solve that problem.  With their track record do you believe them?  Perhaps it’s time to dust off the Tenth Amendment, and start putting a scalpel to the federal government rather than tying a bib around its bloated neck.

Let’s look to 2010 as the year we start taking back our government.  Polls show how far out of touch our elected leaders are from the views of their constituents.  It’s time to retire them from office.  Let’s keep up the hard work and countdown to November 2010.

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Why Do We Have 1,000 Page Congressional Bills?

by Bill O'Connell on September 15, 2009

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In 1956 the Federal Highway Act was signed into law creating the Interstate Highway system that today is 47,000 miles long.  The bill that created that was 29, that’s not a typo, 29 pages long.  Who could not read through a 29 page bill before deciding whether or not to vote for or against?

In this Congress we had a stimulus bill that was over 1,000 pages long, a cap and trade bill that was over 1,000 pages long, and health care reform that is sure to be over 1,000 pages long.  Who could possibly read over 3,000 pages of legislation and make any kind of intelligent vote on it.  I don’t know about you, but I have read regulatory “prose” and after 10 pages or so, I need to take a walk around and get a cup of coffee, just to clear my head.

Why Are These Bills So Long?

Someone once asked, “Where is the best place to hide a tree?”  Answer: “In a forest.”  A 1,000 page bill is a very good forest.  Arlen Specter just introduced legislation to help tort lawyers make more money from frivolous lawsuits.  Consider this:

To show what a loyal tort-lobby servant he is, Mr. Specter has also introduced a bill to let attorneys claim an up-front tax deduction on expenses they incur while building contingency fee cases. Amazing but true: Mr. Specter wants to give a tax cut to sustain the likes of Mel Weiss or Dickie Scruggs in the yachts to which they have become accustomed while they await jackpot jury verdicts. Even Democrats are too embarrassed by this giveaway (estimated cost: $1.6 billion) to pass it as a stand-alone bill, so tort lobbyist Linda Lipsen recently said “we have to tuck it into something” else, such as another “tax vehicle.” {emphasis added}

What better place to hide something like this than a 1,000 page bill?  Add to that the URGENCY that everything has to be passed NOW so that for those who want to read the bill to find these stinkers to oppose them there is no time before Nancy Pelosi rams that through.

It seems like it is us against them.  They have gotten into power and their top priority is to stay there.  Representing us?  That ended on election night.

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Dumb and Dumber — Healthcare Goes Postal

by Bill O'Connell on August 22, 2009

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Dumb

Of all the analogies that he could have picked  to sell his idea of a public health care option, President Obama chose the U.S. Postal Service. See video ( UPS and FedEx are Doing Fine).  “UPS and FedEx are doing fine, it’s the Post Office that’s always having problems.”  Okaaaaaaaaay, so that is supposed to convince us that creating a health care system modeled on the post office is a good idea.  The interesting thing is that he prefaced that dumb statement by describing a public option that was “self sustaining.”  In other words, it was on an equal footing and not running deficits.  Excuse me, Mr. President, but the Postal Service is on target to lose $7 billion this year and the head of the postal service is in line for an $800,000 bonus.  Brilliant!

It also has appeared to escape the President’s notice that UPS and FedEx came into being to address the shortcomings of the postal service and the postal service has been struggling to be more like UPS and FedEx.  Express Mail, Priority Mail, does anyone believe those products would exist if FedEx didn’t exist?  The postal service was the problem, UPS and FedEx were the solution.  So Barack Obama wants to spend $1 trillion to create a problem to compete with the solutions.

Are there ways to improve healthcare? Absolutely.  Increase competition across state lines, outlaw frivolous lawsuits… hey, there’s an idea.  How about setting up a panel to decide if a lawsuit is real or frivolous?  If it is ruled frivolous hit the law firm that brought it with 3x the expenses of the other side.  You would kill two birds with one stone.  Sharply curtail or eliminate frivolous lawsuits and dry up donations to the Democrats who are dead set on having government run every detail of our lives.

Dumber

Just when you thought President Obama and the main stream media in his pocket could downplay the Biden-like  postal gaffe, along comes Jesse Jackson, Jr., to explain what Barack Obama really meant.  See video here (Jesse Jackson, Jr. explains).  How more scary can it be to think that someone so ignorant of the world around him and economics gets to vote on a government takeover of 1/6 of the U.S. economy.  Let me take it point by point.

  • “The public option is a stamp, it’s e-mail” – the last time I looked e-mail was private, not public, perhaps that’s why everyone uses it and it work’s exceedingly well.
  • “Because of e-mail and because of the postal system, it keeps DHL from charging $100 for an overnight letter” — er, no.  First of all e-mail, which is private Congressman, is a complementary service to overnight. You can overnight a cell phone to some one, you can’t e-mail it to them.  If you are legally required to have a handwritten signature, you can’t e-mail that.  Got it?  Second point, the lack of performance from the postal service is what created a market for DHL, UPS, and FedEx.  The stamp doesn’t keep DHL form charging $100 for an overnight letter, it is UPS and FedEx that keeps DHL from charging $100 for an overnight letter by charging less.  That is called competition, it is called capitalism, it is called a free economy.

He also said this, which is not in the video:

“The post office is universal. It reaches the rural areas. It reaches the urban areas. It reaches where DHL, and UPS, and Fedex will not go. And so in the barrios and the ghettos and the trailer parks of our nation…”

We don’t know if DHL, and UPS, and FedEx would go there because it is ILLEGAL to compete with the post office for first class mail.  Doesn’t he know this?  When facing more competition companies in a free economy tend to cut prices, but what has happened to the price of a first class stamp?  The price of a first class stamp has increased 440% since 1975.

Public Reaction

These two “sales pitches” alone should have you run screaming to the nearest town hall meeting or tea party event.  Pelosi says these town hall meetings are organized events?  Well I guess they are.  They are organized by the colossal stupidity of Pelosi, Reid, Frank, Schumer, Dowd, Obama, Jackson Jr., thinking they could slip this by unnoticed by the American people.  The American people are fed up with them and they are not going to take it anymore.

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Provide for the General Welfare…

by Bill O'Connell on August 15, 2009

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Congressman Tim Bishop referred to it in his town hall meeting.  If you ask a statist where does the Constitution authorize them to get involved in every detail of our lives, the only place they can point to is Article I, Section 8:

The Congress shall have the Power To lay and collect Taxes, Duties, Imposts, and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; {my emphasis}

So what does the general Welfare mean?  Statists who claim the Constitution is a living breathing document believe that this clause gives them the right to do whatever they please, and whatever gets them reelected.  As conservatives we believe in original intent and therefore we have to go back to what the founders meant when they penned those words.  Why is that an important distinction?  Because the meaning of words change.

Are You Gay?

If you were asked that question in the eighteenth century, the questioner would have been asking you if you were merry; keenly alive and exuberant; having or inducing high spirits.  If asked that question today, the questioner wants to know if you are a homosexual.  So if the founders wanted to emphasize that the Constitution was a serious document and wrote, “nothing contained herein should be construed to be gay,” no one at the time would have raised an eyebrow, other than the dopiness of the clause.  If read in today’s context, it would create an uproar.

Are You Bad?

The band Huey Lewis and the News have a song called “Bad is Bad” in which the band plays on how the word “bad” now means ”good” in contemporary vernacular, but sometimes it actually means bad, really bad.  It shows how words change can change with time.  Back when the Founders wrote the Constitution and you said someone was bad, you might find yourself choosing dueling pistols.  Today, the response to the statement, “You’re bad,” would probably be, “Thanks, man.”

So if you don’t seek out the original meaning of the Constitution and our laws based on when they were written, everything can become meaningless over time.

What Did the Founders Mean by Provide for the General Welfare?

Alexander Hamilton was a proponent of a broad interpretation of the General Welfare and he supported that position during the Constitutional Convention.  However proposals along those lines, such as spending for internal improvements were rejected by the Convention.

“{James} Madison repeatedly argued that the powers to tax and spend did not confer upon Congress the right to do whatever it thought to be in the best interest of the nation, but only to further the ends specifically enumerated elsewhere in the Constitution, a position supported by Jefferson.” — The Heritage Guide to the Constitution, p.93

There was another interpretation that fit in the middle that even Hamilton recognized.  That was that the term “general” meant “national” welfare and not for purely local or regional benefit. President James Monroe demonstrated this

“in his 1822 message vetoing a bill to preserve and repair the Cumberland Road.  Monroe contended that Congress’s power to spend is restricted ‘to purposes of common defense, and of general,  national, not local, or state, benefit.” — The Heritage Guide to the Constitution, p. 93.

Later President James K. Polk vetoed a bill that looked a lot like today’s runaway earmarks.

“It provided $6,000 for projects in the Wisconsin territory — constitutionally permissible because of Congress’s broader power over federal territories — but it included $500,000 for a myriad of projects in the existing states.  Polk contended that to interpret the Spending Clause to permit such appropriations would allow ‘combinations of individual and local interests [that would be] strong enough to control legislation, absorb the revenues of the country, and plunge the government into hopeless indebtedness.’” – ibid, p. 95

If you changed some of the numbers you could have written that today rather than in 1847.  Where this came off the rails, along with so many other government disasters we are paying for today, was during FDR’s tenure beginning in 1936.  Subsequent Supreme Court decisions left the definition of “General Welfare” up to Congress.  How ridiculous is that?  Justice Sandra Day O’Connor summed it up pretty well in her dissent in South Dakota v. Dole

“If the spending power is to be limited only by Congress’ notion of the general welfare, the reality….is that the Spending Clause gives ‘power to the Congress….to become a parliament of the whole people, subject to no restrictions save such as are self-imposed.’  This….was not the Framer’s plan and it is not the meaning of the Spending Clause.”

Out of Control Spending

The outrage demonstrated at the town halls shows that the American people are fed up with Congress ignoring what they are saying and bankrupting the country.  The Supreme Court in the 1930s opened the door to profligate spending by Congress that was kept in check by the Constitution for 140 years prior.  To allow Congress to define general welfare as they want and then spend accordingly makes no sense logically or otherwise.  If the Supreme Court does not set this right, a Constitutional Amendment may be required, and I am no fan of amending the Constitution at every turn.  As an American I take pride our Constitution that we have only felt a need to amend 27 times in over 200 years.  But if we allow changes in the definitions of words to drag the Constitution along with them, then we need to take measures to put the Constitution back where it was as a beacon to guide us rather than a quaint artifact of our history.

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Liberty and Mobility

by Bill O'Connell on June 1, 2009

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Movin' Out

One of the great blessings bestowed upon us by our Founding Fathers was federalism. Our federal form of government evolved from the Articles of Confederation, where states had primacy and the national government acted only with the consent of the states.  This proved to be too cumbersome.

In writing the Constitution, the Founders identified very specific roles and responsibilities for the national government and left everything else to the states or the people (see Tenth Amendment).  In doing so it gave the people the power of liberty through mobility.  If you didn’t like the way they did things in Massachusetts, you could move to Virginia.  If the people of Pennsylvania didn’t want a mass migration of people to Georgia, they needed to be careful regarding the laws that they passed so as not to alienate a large block of their constituents.

The War on Federalism

The statist, who loves government and believes government should control every aspect of our lives, hates federalism, because it weakens its control.  So they attack it through the courts.

Here is their standard battle plan.  Let’s the case of Gay Marriage.  Vermont’s legislature approves Gay Marriage.  Whether you are in favor of that or oppose that it shouldn’t affect you if you don’t live in Vermont.  If you are in favor and you live elsewhere, you can move to Vermont.  If you live there and are opposed you can either fight to overturn it in Vermont, or move elsewhere.  That’s the beauty of federalism.  If continued to its logical conclusion, some states would approve it and those in favor would migrate there, and those who are opposed would concentrate in states that would ensure that it would not be adopted in their state.  You could have a raging debate, but your liberty would be preserved through mobility.

However, the statists have a different view of things.  After the law is passed in Vermont by the legislature (as is proper), or made up out of thin air by the court in Massachusetts (judicial activism and improper), some couples who are married in these states move to another state.  By doing so, they should leave their state sanctioned rights behind.  However, what they will typically do when their Vermont sanctioned rights are not honored in, say, Tennessee they will rush to federal court and says their Constitutional rights are being violated.  A court stocked with judicial activists, will find some fig leaf of justification with words like emanations and penumbras, to make a new law of the land and with the stroke of a pen, the liberties of all Americans will be swept away based on the will of the people of Vermont.  You no longer can protect your liberty through mobility.  You cannot go anywhere to live in proximity to like minded people and live the life you believe in.  Mobility is no longer a tool to protect your liberty it is a weapon against you.  People can secure rights elsewhere and use mobility to come to your doorstep and use the courts to force their beliefs on you.

Fierce Fighting

I believe that is why the fighting over these issues become so fierce and acrimonious.  If something is allowed anywhere, it will soon be allowed everywhere, because of an activist judiciary.  Our rhetoric has become more strident, our politics is anything but bipartisan, all because everything is being elevated to the federal level.  States are becoming less and less important.  If you don’t believe it  ask people, who was responsible for the fiasco after hurricane Katrina?  If they say President Bush, ask them to name the mayor of New Orleans or the governor of Louisiana at the time. Bush and the federal government should have been the third line of defense, not the first.  The first should have been the city, then the state and then the federal government.

Back to Federalism

Show me where in the constitution it says the government should own General Motors and Chrysler.  Show me where it says that a tunnel, entirely in the city of Boston should be paid for by the taxpayers of Arizona.  Show me where in the constitution it says education is the responsibility not of local government but the federal government.  It doesn’t.  And until well roll back this juggernaut, our liberties will be crushed little by little, day by day.

This is why it is also important to guard against activist judges getting on the bench or being elevated to higher levels of the court. It is just these activist judges who are taking away your liberty to move away from those who don’t believe what you do and moving toward those you do agree with.  Take note of the nomination of Judge Sotomayor to the Supreme Court.

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American Dictatorship?

by Bill O'Connell on February 16, 2009

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Did you ever watch a historical movie about how some fringe group ominously takes over the government and leaves everyone scratching their head wondering how it happened?  At the end of the movie you say, “Whew, I’m so glad that could never happen in the good ol’ USA.”  Then you watch the news and see things that are eerily familiar to the movie and you say, “Nah, that’s just my imagination running away with me.”  Until the next piece of news drips on your head.

A news story this morning gave me that uneasy, pit of the stomach feeling again.  It probably shouldn’t have since it was about Venezuela.  Hugo Chavez got the term limit restriction lifted in his country that will allow him to be president for life.  That measure had previously failed but now it passed by a wide margin.  So why am I feeling uneasy about our liberties and what is going on in this country?  Here are some of my concerns.

Bipartisanship

After all the talk of bipartisanship by candidate Obama and the need to change the tone in Washington, the reality was something completely different.  In a so called “stimulus package” that will triple the budget deficit and was rammed through the Congress with no one, and I repeat no one, reading it, one party was virtually shut out of the legislative process.  At the same time 44% of the American people, in a Rasmussen poll, said names picked at random out of the phone book could do a better job on the economy than this Congress.  This package is chock full of 40 years of liberal programs that could not pass muster on their own, but as Rahm Emmanuel says, “You never want a serious crisis go to waste.”  When  Republicans protested about being shut out of the process, the response from the other side was, “We won.”

Fairness Doctrine

In the movie there will come a scene when the incoming powers break into the newspaper offices and smash the printing press, overturn the typesetting table, dump papers on the floor and set them ablaze.  The message is clear, there will be no opposition press.  There is only one message and that is of the new dictator and the new news will be his indoctrination.

Today, there is more and more talk about reviving the Fairness Doctrine.  Here is what former President Bill Clinton said:

“Well, you either ought to have the Fairness Doctrine or we ought to have more balance on the other side,” Clinton said, “because essentially there’s always been a lot of big money to support the right wing talk shows and let face it, you know, Rush Limbaugh is fairly entertaining even when he is saying things that I think are ridiculous….”

Liberals tried to bring balance to the discussion with Air America and it failed dismally.  Why?  People didn’t want to listen to left wing rants all day.  But face it, the main stream media overwhelmingly votes liberal.  So although no one will be smashing printing presses and torching newsrooms, the objective is to stifle the conservative point of view.  Once you do that the only voice that is heard is reinforcing the new ruler.

What the First Amendment says is:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people to peaceably assemble, and to petition the Government for the redress of grievances.”

Congress shall make no law…so what are they doing? The line between news and opinion has long been crossed.  It used to be you couldn’t tell what Walter Cronkite’s politics were, because he kept his opinions, for the most part, out of the news.  But today there is little difference.  For a great example see this piece by Russ Roberts. (They Report. I Edit. You Decide). They will defend the Fairness Doctrine by saying it is not censorship, but here’s the dirty little secret.

Let’s say you are a radio program manager and you put on three hours of Rush Limbaugh.  Great show. Great ratings. You make lots of money.  Now along comes the Fairness Doctrine.  You don’t have to touch Rush’s show because that would be censorship.  What you have to do, however, is give three hours over to Air America to be “fair”.  Three hours of Air America hate <fill in the blank: Bush, religion, gun owners, pro life> rants.  Ratings for those three hours go in the tank.  No revenue. You’re making no money.  Listener’s start complaining.  So what is a station manager to do?  It’s what they used to do when the Fairness Doctrine was here before, tell Rush he has to close up shop, dump the Air America crowd and play Top 40s songs all day long.  The fact that it wasn’t censorship doesn’t matter, the effect is the same.

The Census

The census, conducted every ten years, is important in two regards.  One, it helps allocate how money from government programs is distributed, and it determines how the number of Congressional seats will be apportioned among the states.  Based on current estimates states like New York (Blue) will lose one or two seats and states like Texas (Red) will gain seats.  That could mean a shift in power from the Democrats to the Republicans.  Uh oh.

The scene in the movie shifts to a darkened office with a light over the conference table.  “We cannot allow the opposition to gain any strength back, we have to consolidate our power.  What do we do?”

“Comrade, we can take control of the census.  Under our control we can count homeless people and illegal immigrants in Blue states and ignore them in Red states.”

“Brilliant!  You see that the census is directed out of your office rather than in some Department.”

You chuckle only for a minute, when you realize that Rahm Emmanuel will be overseeing the census, operating out of the White House, rather than handling it in the Commerce Department as it has been done for years.  Suddenly, the scene seems very real.

The Stimulus and ACORN

In the so called “stimulus bill” there appears to be about $4.1 billion for “neighborhood stabilization activities.”  The money was initially limited to state and local governments but later changed to include non-profits, such as ACORN.  ACORN is surrounded by allegations of vote fraud.  It doesn’t take much of an imagination to understand how close races can be tipped by an organization that perpetuates voter fraud.  Now think about how your tax dollars are being funneled to them to do it.

We Need More Votes in The House.  So Let’s Add a Representative

In consolidating power, what better way than adding votes where you need them.  One way is to add a representative in the House for the District of Columbia.  It is a heavily Democratic district, so why not?  The Constitution? Ignore it.  Just go ahead pass a law.  If the Republicans object, just crank up the racist machine.

Handouts

Of all the tried and tested methods for turning around an economy in trouble, the Democrats seem to be picking all the ones proved not to work.  If you want to stimulate the economy through tax cuts, you cut marginal tax rates.  Instead the Democrats want to give rebates to people who pay no income taxes.  That’s welfare not tax cuts.  But the goal is not to turn around the economy.  The goal is to consolidate power.  What better way than to make sure more than 50% get something from the government and less than 50% are stuck with the bill.  Majority rules.  We won.  Once that threshold is crossed, the majority can start jacking up taxes on those evil rich, so that the “working and middle class” get checks from the government.  Comrade, it from each according to their abilities, to each according to their needs.

Calling Dr. Mengele

In the movie a sinister doctor approaches the “patient” and plans how he is going to improve life for all of us.  For the “patient”, not so much.

Another provision in the stimulus bill is to establish a new bureaucracy that will “compare drugs, medical devices, surgery and other ways of treating specific conditions.”  This organization will take a role in your medical treatment that was formerly between you and your doctor. “Supporters of the research hope it will eventually save money by discouraging the use of costly, ineffective treatments.”  Isn’t that what medical journals are for?  Isn’t that why the AMA has conferences, to share such information?

“I’m sorry Mrs. Jones, we think you child has Down’s Syndrome, therefore you really must have the abortion, or your medical bills for your childbearing treatment won’t be covered by our national health care.  And you know the costs run into the hundreds of thousands.  What would you like to do?”

Do you really want some bureaucrat in Washington playing with a statistics program  telling your doctor what treatment he can and cannot perform to treat you?

Is This Real?

As you leave the theatre you laugh nervously that this couldn’t happen here.  But every time you pick up a newspaper, the similarity about how a dictator seizes control and then consolidates his power is just too eerie.  But as we have seen in the Soviet Union, China, Cuba, and now in Venezuela, it can happen and once it does it may be decades before it can be undone, if at all.  The Founding Fathers were very wary of a strong central government.  They believed that the only powers that the Federal government should have are limited and they went to the trouble to spell them out in the Tenth Amendment:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

Where does it say in the Constitution that education is a federal function? I’m not against education by any stretch of the imagination, but how can the federal government do a better job than the local school board?  Why is the federal government putting cops on the street?  Shouldn’t each municipality handle this? The Federal Government has gotten too big and too powerful.  It is so vast no one can manage it.  We keep pushing so much up to the federal level we are almost begging for a dictatorship to form.  And with everything they take, and they will take all they can grab, your liberties go with it.

We better wake up, people, and start cutting this monster down to size.  Otherwise it will either consume all of us leaving nothing but a wasteland, or we will be reading our founding documents and see that they are telling to prepare for the Second American Revolution.

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