The Imperial House of Representatives

220 members of the U.S. House of Representatives have decided that we are subjects and not fellow citizens.  The House voted to pass a nearly 2000 page bill to reform health care late on a Saturday night probably hoping that it would not be noticed.  The good news is that the bill is not expected to see the light of day in the Senate.

The federal government proposals to reform health care have not enjoyed a majority of public support for the last several months.  There were summer protests, the tea party movement, a march on Washington, and several protesters at town hall meetings in August of this year.  In a poll from August, support for reform was only at 42% with strong opposition at 44%.  There has been no significant improvement in these numbers for supporting health care reform.

What is shamefully absent in these discussions is any notion of the concepts of freedom, liberty, or the limits of permissible Congressional action under the U.S. Constitution.   There is simply no basis in the Constitution for the government take over and complete regulation of health insurance.  If any level of government has the power to regulate health insurance it is at the State level.  Instead of letting a free people find the answers, the House of Representatives passed this monstrosity.

In the bill you would be required to file with you tax return proof of your enrollment in a qualified (federal government approved) health plan or face an additional tax.  Failure to pay this tax if found to be willful could result in five years in prison.  If your benefits are through your employer your employer will have to enroll everyone in a qualified plan and if you are paying for your own health insurance you will have to switch over as well.

These qualified plans are expected to cost approximately 17% or more of your yearly income.  The federal government will determine what the qualified plans will cover and how much they will cost.  It is not a public option it is a public mandated expenditure.

This kind of lawmaking is outrageous.  The public voice has been squarely against this kind of reform, the cost is much too high for any reasonable organization to bear, and the authority to take this kind of action is entirely absent from our Constitution.  A bare majority of the U.S. House of Representatives chose to act like our rulers instead of our representatives with a clearly defined grant of authority in Article I of the Constitution.

Utah’s delegation did the right thing by voting against this bill.  Kudos to Rep. Jim Matheson in particular for breaking ranks with his Democrat fellow travelers and voting against the bill.

This Congress is not interested in helping the people or following any of the Constitutional restrictions placed on them.  Health Care reform would place a full 18% of the economy under federal government control.  It is a naked power grab by elected officials who do not want to represent us, they want to rule over us.

Comments Welcome

 

We Should Be Thankful, Even If. . . . .

We are living in tough times right now.  Economic indicators are not looking promising no matter what the powers that be want us to believe.  There is no surge of confidence that our governmental policies will rise up and save the day with the current problems we are facing.  Official unemployment numbers are around 10% but the real unemployment numbers including the people who have given up on looking for work is closer to 20%.  Taxes and government spending is higher than ever.  Foreclosures are up, bankruptcies are up, and times are tough for a lot of people.  Even with all of these problems we still have a lot to be thankful for.

Thanksgiving is a great time of year to be reminded of the need to be thankful.  Of the 110 Pilgrims that Thanksgiving is connected with less than 50 survived that first winter.  With help from the local Indians the Pilgrims were able to learn how to grow food in the difficult New England climate.  That first year’s harvest was plentiful and sufficient for the second winter and a celebration was held.  The Pilgrims were able to make their situation better in spite of the tremendous losses they suffered in the first few months in the New World.  We can do the same in these very trying times.

The most basic thing we have to be thankful for is life.  We have been given a wonderful body and mind that can work together to solve any problems we face.  Our mind is a powerful instrument empowered to solve many problems and our bodies can be used in productive labor to these ends.  At any point in your life you can work toward improving your situation.  You can work to change your life for the better.

We live in the United States.  Living in the United States has so many advantages over living in other countries.  Here we can complain about not getting enough whip cream on a banana split while people in many other countries don’t even know where their next meal is going to come from.  We have so much abundant and cheap food that obesity is epidemic in the United States while starvation and bare subsistence living is the rule in many other parts of the world.

We have so many varied and plentiful resources at hand that we can take advantage of.  There is more money, information, and opportunity flowing through this country than ever before.  The United States has problems with millions of people sneaking over the border to work and live here precisely because of the opportunities available in this country.  To compare: the only border China has issues with is the North Korean border.

Now is a great opportunity for rebuilding and creating new things.  With each of the difficulties we face there is an equal opportunity for growth, improvement, and something better.  The millions of people who are unemployed will have new opportunities forced on them that they never considered before.  The inventiveness and creativity of the American People is unparalleled and unequalled.  New businesses, new solutions, and new technologies will have their origins in these tough times.

The American People as a whole will begin to rediscover that what lasts is what matters most.  When times are tough people rediscover their families, their faith, and their true strength.  The American People are fighters.  We are not content to sit by and wait for someone else to make things better but will take charge and work to make things better.  We are a very resilient people who will see these challenges through to the very bright future on the other side.

We have so many things to be thankful for, even if times are tough for now.

Comments Welcome

Don’t Talk to Cops

Here’s why.  It is one of the best hours about the subject I have ever seen.

The Nature of Rights

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.” — The Declaration of Independence.  This is one of the most quoted sentences from the Declaration of Independence.  It is a correct and masterful statement about the nature and source of our rights.

Many people talk about our rights without considering what the source of rights are or what the impact of a right may be on others.  We need to re-think the meaning of a right and what it entails.

A right is a claim to a thing, action, belief, or course of conduct.  You have property rights, religious rights, human rights, freedom of belief, freedom of conscience, rights of self protection, rights of self determination and self government, judicial rights, freedom of the press, parental and familial rights, and many other rights.  The source of these rights is our Creator.  Because our rights are a grant from our Creator, it places the risk of divine punishment for trampling those rights.

The God given rights we enjoy are liberating to us.  We have the freedom to do many things as long as we do not infringe on the rights of others.  Property rights protect the fruits of our labor.  Religious rights allow us to explore belief systems about the nature of the universe and the mystery of life, or to ignore these questions completely.  Our freedoms allow us to take responsibility for ourselves and make mistakes.

A competing and mistaken idea is that rights come from the government.  This is the idea that the government “allows” freedom of speech, freedom of worship, the right to bear arms, or ownership of private property.  Government does not GRANT rights but is supposed to PROTECT rights.  The Declaration of Independence puts it this way: “That to secure these [God given] rights, governments are instituted among men, deriving their just powers from the consent of the governed”.

Because of this mistaken idea that the government gives us our rights we are in the middle of a debate about the “right” to healthcare.  How can this possibly be considered a right?

All of the rights that are recognized as coming from God do not place a financial obligation on any other person for that right to be honored.  The ‘right’ to healthcare would require someone to pay for the healthcare and the problem that is fueling the current debate is that healthcare is so expensive these days that people are unable to pay for it.  If a person is not able to pay for something now, it will not be magically better when the government is involved.  The money to pay for things will have to come from someone.  This is a right that would cause servitude rather than liberty.  There are no God given rights that require someone to pay for your care.  It should be handled through compassionate giving in a truly free market.

Comments Welcome

Misplaced Priorities

We live in very interesting times.

Perhaps the greatest entertainer ever died last summer.  You probably know the name.  The funeral was all over TV and cable television has not been able to find anything else worth talking about for several days.  While this entertainer made a big impact on the world and our global culture this person had very little to do with our daily lives.

People know more about movie stars, tabloids, sports teams, what movies are coming out this summer and what TV shows to watch this week than they do about things that have a more serious impact on our lives.  We need to begin finding strength in our unity instead of focusing on our differences.

Media outlets control the narrative we are spoon fed every hour, every day, every week, month after month and year after year.  We are told what to think, who to like, what shoes are cool, what cars show success, how often we should be having sex, what drugs to take to make us feel better, how we should feel about things and who to vote for.  We are entertained, shocked, and tricked into using many hours each week to keep up with what our media magnates are telling us.  When analog TV was going away there was such great concern that some people would not be able to get their TV instructions that the deadline was extended a few months and government coupons were distributed to make the converter boxes less expensive for the less fortunate.  It is as if our own government is afraid of what people might do if they stop watching TV and start reading and thinking more.

Entertainment and TV is alright in the right place and time but the problem is that it dominates our time and attention.  What difference does it make ten years later who won the Super Bowl?  Will it really matter in ten years the movies you watched, what celebrities got divorced or married this week, or how the exciting action packed conclusion was resolved on your favorite TV show?

We need to spend more time with family and friends doing real things.  Spending time fishing with family, going for a walk, or playing games will create memories that will have a better lasting value to your life because it is developing relationships that matter.

We also need to start paying attention to what our government is doing.  We feel impotent and unable to do anything about the growing power and influence of government in our lives.  That is where the power of entertainment and distraction comes in because when we are distracted we are not thinking about how to take control of our lives back from the government.

We need to focus on the things that matter and will make a difference for the future.  We need to pay attention to what the government and jealously guard our liberties and freedoms.

There are several municipal elections next month, people who will have the ability to tell you how to take care of your property, raise your taxes, plow the streets, and so many things that make a difference in your daily experience.  Have you figured out who you are going to vote for?

Comments Welcome

Things as They Really Are

“Wo unto them that call evil good, and good evil, that put darkness for light, and light for darkness, that put bitter for sweet, and sweet for bitter!”  – 2 Nephi 15:20

Today we are beset with messages that are confusing and wrong.  In our integrated society ideas cross political, moral, social, and entertainment boundaries.  So many things have become politicized because our government has taken to control and regulate everything.  It seems that you are not allowed to express your point of view on a moral issue without it being politicized.

Here are some things that would seem to fit the definition of calling “evil good, and good evil”.  Same Gender attraction issues are huge right now.  The Church of Jesus Christ of Latter Day Saints has a long public statement on the issue.  Our society is facing pressure to accept gay partnerships and sex acts as on par with marriage and fidelity.

Calling these contrary views “enlightened” is also calling light darkness and darkness light.  Same thing as calling these relationships as fulfilling and as wonderful as traditional relationships.  They are not the same and they never will be.

All kinds of things are promoted as good ideas when they are not appropriate for Latter Day Saints, like drinking, carousing, and other activities that have been verboten for those who choose to follow our faith.

The reality is that following God’s commands and exercising appropriate self discipline will go a long way toward creating a happy and fulfilled life.  Lasting joy comes from living righteous laws.

Comments Welcome

A Perspective on Bankruptcy and Employment

Bankruptcy filings are up nationwide and could top 1.4 million this year.  This is the approximate level of bankruptcies that were filed per year prior to the new bankruptcy laws enacted in 2005.  Utah’s bankruptcy filings are up 62% from a year ago.  On a per capita basis Utah is ranked 13th so far this year in the nation, up from 20th and 37th in 2008 and 2007 respectively.  This is not a good trend.  You probably know one or more people who have declared bankruptcy.

People go through bankruptcy for many different reasons from a way to escape monetary judgments (like O.J. Simpson) to just trying to get a clean start after massive crushing bills (the majority of filings, I hope).

Bankruptcy is designed to give people a fresh start.  Many famous people have declared bankruptcy and rebounded from it.  These are people like Abraham Lincoln, Ulysses S. Grant, Mark Twain, Harry Heinz (Ketchup), Milton Hershey (chocolate), Henry Ford, Walt Disney, Larry King (twice), and Donald Trump (twice) among many others.  It was not the end of their life or financial fortunes.  Many people recover from bankruptcy and are able to move on with their lives and go on to relative financial security.

Bankruptcies and foreclosures are trailing economic indicators that show the effects of economic troubles. Unemployment rates near 10% will probably lead to greater numbers of bankruptcy filings in the future.

There are many causes for filing bankruptcy.  Some people live beyond their means always thinking that their income will somehow keep up with their spending and borrowing.  Some people may have an accident and not be able to work for several months and never can get caught up on the bills that continue to pile up while not being able to work.  Sometimes these accidents result in massive medical bills that are the cause of bankruptcy.  The blame game for why people are filing bankruptcy is not productive or useful.  It is good to be prepared and to live within your means but it is impossible to prepare for every eventuality that may befall you.

Whatever the underlying reasons for bankruptcy are the main cure is gainful employment.  People need to be able to work to be able to pay their bills.

The best way to create a prosperous and employed people is freedom and the free circulation of money.  Allow people to open businesses and compete on a level playing field and prosperity will be the result.  People will find ways to make money and to take care of their obligations.  The biggest obstacle to a free market is government regulation and taxation.

There are thousands and millions of people who have ideas for businesses and are short of funds and are unable to comply with all of the regulations to start up these businesses.  If the government got out of the way to let the free market work we would again be the most prosperous people on the planet.

Investment dollars are lacking right now.  The availability of credit is short and many people are finding it difficult to get the funding they need to start businesses.  Many Americans have accumulated Trillions of dollars in accounts outside of the country.  Part of the reason the money is still overseas is the IRS.  The IRS will assess financial penalties, plus interest, and then income tax on the money brought back in.  What if we just let the money back in tax and penalty free if it is used to invest in the economy?  Trillions of private dollars could flow back in to the country which would be a great benefit to everyone.

Comments Welcome

Harry Reid is Wrong

The Salt Lake Tribune reported on Harry Reid criticizing the Church of Jesus Christ of Latter Day Saints for standing up for the right thing.

Specifically Sen. Reid thinks that the LDS Church should not have become involved in the Proposition 8 battle in California saying it was “a waste of church resources and good will . . . [and] didn’t think it was appropriate”.  In fairness it should be noted that Sen. Reid’s more balanced spokesman said “[w]hile Senator Reid agrees with his church that marriage is between a man and a woman . . . he also believes that the resources that went into the Proposition 8 effort could have been put to better use”.

Sen. Reid also supports a gay rights march on Washington D.C. and a sustained lobbying effort to allow for a federal law enabling gay marriage among other issues.

So, if I read this correctly Sen. Reid believes that marriage should be between a man and a woman but that Federal Law should allow for official recognition of sinful behavior and the LDS Church should just shut up about it.

Sen. Reid is wrong.  If you sincerely believe that a particular behavior is immoral or inherently evil you should pursue laws against that behavior.  In a republic with elected representatives the representatives will make laws that reflect the values of the people they represent.  Last time I checked Nevada was also against Gay marriage.

The LDS Church should get involved in moral issues regarding the laws of the land.  Laws against prostitution, gambling, gay marriage, gay adoption, abortion, and any other number of moral issues are up for debate in the public arena and churches should get involved in the debate, just like anyone else.

Sen. Reid was not specific about what goodwill was wasted.  The groups who fought against Proposition 8 already had no great affection for the LDS Church anyway.  If the Church did not get involved in the campaign they probably would have wasted the goodwill they had with other religious groups much more than any theoretical goodwill from the gay rights groups.

Sen. Reid probably wasted more of his good will with the LDS Church by his statements.

Comments Welcome

The First Amendment Revisited

“Congress shall make no law . . . abridging the freedom of speech, or of the press . . .”  – The First Amendment.  Congress continues to regulate speech in violation of the Constitution.  What we need is to have power returned to the people in their communities to regulate speech and the press.

Right now pornography is a more protected medium of expression than explicitly political speech.  Thanks to the McCain Feingold Campaign Finance bill there are severe limits on the freedom of political speech in the last 30 to 60 days prior to an election, the most important time for open discussion and airing of issues before any election.

Congress has outlawed child pornography but does not know what to do with computer generated images of child porn.   Because of these laws underage kids are now facing problems of being listed on sex offender registries for the rest of their lives for sending pornographic images of themselves or others from their phones with cameras.

This week the Supreme Court will be hearing a case about a movie maker who filmed some dog fighting and used video from other sources in his films.  The film maker was sentenced to 37 months in jail although there were no allegations that he was involved in staging, encouraging, or participating in the dog fights.  The film was found to violate a federal law against trafficking in depictions of animal cruelty.  Michael Vick who organized and paid for a dog fighting ring was only sentenced to 23 months in prison.  The law makes exceptions for videos that have some kind of educational, religious, historical, journalistic, or artistic value but without clear guidelines people who make these videos may face unfair prosecution.

We need a return to local controls again.  Freedom of speech with local influence and restrictions according to the values of the community.

In the early 1800’s the First Amendment applied to the Federal Government, not the states.  Not only could a state persecute people for their religion, but the individual states and municipalities could abridge freedom of speech and of the press.

One example in the history of the Church of Jesus Christ of Latter Day Saints (“The Church”) was action taken by Joseph Smith and the City of Nauvoo against the Nauvoo Expositor.  The Expositor printed some very inflammatory articles calling for violence against the leaders of The Church.  The city council of Nauvoo met and after taking evidence and having a hearing on the matter declared the Expositor a public nuisance and ordered it destroyed.

Is that such a bad model?  Just imagine if that kind of local control was given to the people again!  Communities and cities could ban pornography and other salacious material.  There would be public airings of difficulties and then people and businesses would know what kind of speech is allowed in their city or community.  Likewise there would be some other communities that would pander and cater to lower and baser elements of society.  When the same rules are applied to an entire State or Nation there is a race to the lowest common denominator for what is barely acceptable speech.  This never allows for a community that wants higher standards.

On a community or even a city level, you can have a marketplace of acceptable speech where community values would rule and allow for a better mix of what is or is not acceptable.  Let the communities have more control.

Comments Welcome

ACORN and Bills of Attainder

ACORN has been in the news quite a bit recently and some of the recent coverage has been based on misinformation regarding an arcane but important bit of Constitutional Law about bills of attainder.  The Defund ACORN Act was added as an amendment to an existing bill and the Congressional Research Service (CRS) prepared a report about whether the act was a bill of attainder as prohibited by Article I of the Constitution.

I watched this video yesterday and I had a hard time determining if MSNBC is stupid, doesn’t do their homework, or is just dumbing down the news even more so that we can be equally misinformed about bills of attainder.  Rachel Maddow explains that the prohibition against bills of attainder means “you can’t pass legislation that directly targets one individual or one specific group of people” (just after the 1 minute mark).   The rest of Rachel Maddow’s report focuses on the point that if the law were applied and enforced equally then many of our fine defense contractors would also be forced to quit all government contracts too.

Politico reported on this same issue as well and also led with this mis-information: “A bill of attainder – which is prohibited in Article 1 of the Constitution — is a law targeted to hurt or help an individual.”

Neither report got it right, but Politico was worse because they have a link right at the bottom of their report to show the text of the CRS report.  In the summary of the report is given the correct definition of a bill of attainder.  The Politico writer did not even bother to read the summary before reporting on what a bill of attainder is or whether this bill would qualify as one.  From the report on the expanded page:

The two main criteria which the courts would likely look to in order to determine whether legislation is a bill of attainder are (1) whether “specific” individuals or entities are affected by the statute, and (2) whether the legislation inflicts a “punishment” on those individuals.

So in summary, a bill of attainder must be specific to individual(s) or entitie(s) and must be punitive, not regulatory in nature.  Legislatures can target individuals without it being a problem, like the censure of Joe (“you lie”) Wilson which would also be punitive in nature but Congress is allowed to punish its’ members.  Bills can also target individuals for benefits like special legislation granting immigration status to named individuals or commemorative days for specific individuals.  Only when someone is singled out for punitive treatment does it become an issue of constitutional law.

After reading most of the report, it appears that the CRS attorney (like most good ones) does his best to explain the issues and risks with the bill.  The most stringent warning about the bill is in these words: “Thus, it appears that a court may have a sufficient basis to overcome the presumption of constitutionality, and find that it violates the prohibition against bills of attainder.”  Not likely, not probably, but “may”.  This is how a cautious attorney describes one of the possible outcomes of litigation because it may happen.

I’d still say it is not likely.

Comments Welcome