Littlestuff Weekender-2-26-2011

For the past four Littlestuff Weekenders I’ve listed the enumerated powers from Article 1, Section 8 of the Constitution. Today we’ll do a “quickie” analysis of some of them, and cover the remainder next week. As we go forward, we intend to follow a similar process with the Amendments and the other Articles.

Congress has the “power” to collect taxes. That is not a mandate. Duties (manufacturing fees), Imposts (tariffs, import and export) and Excise (Sales). There is no Constitutional provision for taxing labor or income. The 16^th Amendment was designed to change that. Also, the taxes levied shall be uniform throughout the nation…hmmm, might find some clinkers regarding this clause.

Congress has the “power” to pay the debts---it doesn’t say they can do it with ”funny money.”

Provide for the common defense—not aggressive offense, not selective defense.

Provide for the general welfare—progressives, and their judges, have been driving trucks through this clause. When you examine the discussions surrounding ratification, you discover that providing for the general welfare was specifically intended to limit congressional goodie-packaging to legislation that benefited everyone in every state. No picking winners and losers. No localized pork barrel spending. No coercive bribery grants to states who comply with unconstitutional mandates. Nearly all domestic expenditures by the federal government are in violation of the intent of this clause.

To borrow money. Yes, that one they understand.

To regulate commerce—foreign, domestic and with tribes: On the domestic front their purpose is to assure free flowing goods and services among the states. This clause, too, has been repeatedly misused to allow the federal to regulate everything.

The uniform rule of naturalization was included to assure that a legal immigrant who met the federal criteria would be considered a citizen of the United States in every state.

Uniform bankruptcy laws may soon be tested for their application to states and other local governments.

Our analysis is a mere one quarter of the way through one section of the Constitution, and it is extremely difficult to discover just one enumerated power that is currently implemented as the Founders designed it.

We’ve added some additional outlets for our columns. We can now be found at the Campaign for Liberty and the Tea Party Nation. Here are the links:

www.campaignforliberty.com/usa/OH/

www.teapartynation.com/profiles/blog/list

Over the course of my life, I’ve had friends who were public sector employees and teachers. Years ago they were vastly underpaid when compared to most of corporate America. The times have changed. The public sector is no longer the poverty-stricken stepchild. Their pay and benefits are far more favorable than are those for their private sector cohorts. That’s not good enough these days. Because the public sector has been unionized by some of the most leftist organizations in the nation (and world), they’ve gone from underpaid public servants to greedy, demanding, socialistic and threatening mobs. Their fanaticism will lead to their demise. Rather than assuming a reasonable posture, their strident demands and threats of violence will force many states and local governments to dissolve the contracts and begin anew (please re-apply for your new non-union job). Their incessant cries of “union busters” will become self-fulfilling prophecy as they whine, moan, groan, scream and holler about every little concession in these dire economic circumstances. They will over play their hand, and they will lose.

So, is it intimidation or theater? The goings-on at our various state capitols are dramatic. Can they be serious?

There is a great program coming to Cincinnati on March 5^th sponsored by the Tenth Amendment Center and co-sponsored by Ohio Liberty Council, Cincinnati 912 Project, Cincinnati Tea Party.

                                Nullify Now! Cincinnati

Saturday March 5^th, 6:00pm at the Harriet Tubman Theater,

50 East Freedom Way, Cincinnati, OH, 45202

Speakers include: Thomas E. Woods, Jr., Jacob Huebert, Maurice Thompson, Michael Boldin and more

Harold Thomas and Jeremiah Arn will be attending, and we hope to see you there, too. Go to the website of one of the sponsoring organizations for tickets.

Never take your liberty for granted, or someone else will take it away.

Here’s a short essay by Frederick Bastiat that I suggest you read.  “The Law” You can get a download here.

http://fee.org/wp-contents/uploads/2008/11/thelaw-2008.pdf

Comments:  cearlwriting@hotmail.com   or  www.littlestuff-minoosha.blogspot.com

Face Book:  www.facebook.com/pages/Earl-for-Ohio/

Border Line

Today’s column addresses an issue that I haven’t previously written about on these pages…our southern border. As a Libertarian, I support, in the purest sense, the notion that restricting borders is antithetical to liberty. True freedom includes the right to move about without constraint as long as an individual respects the lives and property of others. Aha! There’s the rub. As a Libertarian, I believe that an individual owns his/her own life, labor and property…otherwise identified as free will. Libertarians also subscribe to the foundational precept that the initiation of force is an anathema. We do not oppose a  fast, furious and final response when we are threatened or assaulted, but we adamantly oppose the use of force to impose one’s will (see IRS, ATF, DEA and a host of others).

To get our arms around the situation on our southern border (and northern, too), I’ll arbitrarily identify four groups of illegal border crossers. The first represents those Mexicans, Central Americans and South Americans who risk arrest to enter the United States for employment and opportunity. We’ll call them…the ants. The second cluster of people sneaks into our country to take advantage of the generous social welfare system. We’ll label them …the roaches. A third element of illegal immigration includes smugglers and their mules—drugs, guns, any contraband. These are multiple lawbreakers and are potentially dangerous. (We’ll deal with the drug issue in a later column). We’ll identify this group as the tarantulas. A final group includes those from all over the world who enter the United States with the sole intent to do harm to our citizens and their property. They are the scorpions.

Now we have the new border crossing taxonomy for illegal entrants into the United States. We have two insects and two arachnids, but because they all look like bugs, that’s close enough. You’ll note that the “ant” has historically been identified as a worker whereas the cockroach is a dirty disease carrier that avoids the daylight. The tarantula and the scorpion possess lethal capacity and are never to be trusted…or fondled. For the moment I’d like to concentrate on the overview of the issue.

First, because of the tarantulas and scorpions, it is vital that our borders be secured. No “ifs, ands or buts.” For decades the federal government has been derelict in its duty of providing a national defense. When borders as large as ours are so porous that nearly anyone can sneak into the country, the Congress, the Executive branch and the federal judiciary have committed impeachable offenses given the tenor of the times. Instead, the government has focused its efforts on the general population at large by severely restricting OUR freedoms through such devices as the Patriot Act and overzealous body groping by the TSA. Clearly the government is more willing to control our citizens than it is committed to limiting the access of nefarious killers who would do us harm. These priorities must be addressed and reversed. When any of these dangerous characters is apprehended, justice should be swift and firm.

My remedy for the issue of southern border leakage is to first SECURE THE BORDER. If we would close the bulk of our military bases in some 140 countries around the world and bring those troops back home, they could be deployed with the respective state guard organizations. The re-deployed regulars could be sent to theater (another column), and the guard could come home. With the guard as the primary lead force on the border, posse commitatus ceases to be the major legal concern. Also the wall/fence/barrier must be built. Plant land mines, if necessary.

Stop the benefits…immediately. Understandably if individual states and communities wish to continue providing benefits for “undocumented aliens,” they can do so…without any federal assistance whether direct, indirect or fungible. The responsibility must remain wholly within the entity that chooses to subsidize illegals. Also, the anchor baby program should be abolished along with the ability to invite extended family members. These measures should go a long way toward addressing the issues of the cockroaches.

Finally, wait a reasonable length of time…perhaps a year or so. At that point we should re-examine the situation. If we continue to have twelve to twenty million illegal aliens in country, then more stringent measures may be necessary. If, on the other hand, the illegal population becomes much smaller and the vast majority of those here are productive contributors, then a legitimate and restrictive pathway to citizenship could be devised. The ants would be given an opportunity to participate as citizens in our free-market country.

This is not a perfect solution. In fact if government were to adopt it, they most certainly would do it imperfectly. Government is incompetent and thoughtless. But if they were to implement this plan, we might be somewhat safer and the costs for our social services could be somewhat lower. Perhaps.

Comment:  cearlwriting@hotmail.com    or    www.littlestuff-minoosha.blogspot.com

Face Book:  www.facebook.com/pages/Earl-for-Ohio/

Pleasant Dreams

Saturday evening while I was doing some organizational work around my office, studio and man cave, I had RFD-TV on the big screen. They were showing an old black and white “Porter Wagoner Show.” His musical guest was Tex Ritter who sang his classic “Hillbilly Heaven.” That was my inspiration for this column: “Pleasant Dreams.”

I dreamed I was there in Political Heaven

With people who did great things.

All were believers in liberty

Though none were wearing angel wings.

There in the far corner

A redhead was giving a narration,

About a steamy Philly summer

And writing the Declaration.

To his side an elderly gent

Sat with spectacles askew

He was there at the formation

Of a republic so new.

Into their presence

Strode a diminutive man

Of mighty stature and demeanor

With a Constitution in  hand.

Two Yankees sat at a table

Doing what cousins normally do.

One was writing “Dear Abby,”

The other thinking of a brew.

Another bloke was grousing.

Was told “Don’t be a pain.”

He said he couldn’t help it

‘cause that was his family name.

Another Yankee walked in the place.

A merchant with wealth untold

Who gave it up for liberty

And signed his name so bold.

The first state to ratify

Had a little Caesar.

He was a freedom fighter

And a sickly geezer.

In the door came Patrick.

Very alive, you see,

For he favored death to come

If there were no Liberty.

A tallish man rose up,

And out the door he went.

In one voice the assembly said,

“Farewell, Mr. President.”

Then, something happened.

I lost the glory I’d found,

As my body started sliding

Through the floor, then down.

Disoriented I kept falling.

Down and down I fell.

When I landed with a thud

In hot political hell.

There to greet me was Alex.

A bastard and banker was he.

He loved central banking

And its ties to tyranny.

Telling a story to the side

The Rail Splitter was animated.

He violated so many freedoms

That he’s constitutionally constipated.

Across the way stood Teddy

Looking “bully” in his olive drab.

He increased the reach of government

With his progressive wilderness grab.

Ole’ Woody was there

With his nez pierce glasses.

He and his power wife

Treated us all like asses.

“I’m Franklin,” the patrician said,

“Four times the people selected me,

And if weren’t for my death,

I’d serve through eternity.”

“You’ve done enough, FDR,

To ruin our blessed land.

You should have listened to

A little lady named Rand.”

He didn’t like my retort.

He was angry, I could see.

His feelings may be hurt,

But he stole my liberty.

Looking around the room

I saw the Texan, LBJ.

His massive Great Society

Stole more freedoms away.

Tricky Dick was there

Looking grim and sour.

His awful EPA and OSHA

Increased the government’s power.

Then I saw the Bushes two,

The father and the son.

The younger was forty-three,

The other was forty one.

Despite their words about

The government would not grow.

They never took the chance

To tell the Congress “No.”

I looked around the room

Puzzled by what I did not see

Where’s the current president?

Isn’t this where he should be?

“Oh no,” said the elder Texan,

“He’s not doing so well.

He tried to get in here,

But he’s too bad for hell.

The Devil locked the door

When Obama was on his way.

He sent him further down

To his eternal pay.”

“Whoa, wait a second,”

I caught myself thinking.

The Bushes remain alive.

What have I been drinking?

That wasn’t heaven

And this cannot be hell.

Who will believe this story?

Who is it I can tell.

Just that very moment

My alarm began to ring,

 I woke from my vivid slumber

Trying to remember everything.

I dreamed I was there

In political heaven, pray tell.

I also descended below

To overcrowded political hell.

I tell you this, my friend,

With no attempt at mirth,

Those S.O.B.’s in Hades

Have given us hell on earth.

Now we must endeavor

For a new Freedom’s birth,

And make their eternal agony

More hellish as we celebrate on earth.

Comment:  cearlwriting@hotmail.com     or   www.littlestuff-minoosha.blogspot.com

Face Book:  www.facebook.com/pages/Earl-for-Ohio/

Outsourcing Government

There is some discussion these days about the concept of privatizing government services. Government at all levels has grown too large. While never recognized as efficient, the bloated public sector has taken ineffective inefficiency to new heights of incompetency. Added to the many failures to perform are the spiraling costs associated with the government’s involvement in so many aspects of our lives. Privatization, therefore, has emerged from the closets and cloakrooms of power and is now considered a potential option for governments and taxpayers under siege. Hold your horses! Privatization as envisioned by some governmental entities is not the perfect answer. As a disciple of free market capitalism, I tremble as I make this assertion.

Do you have cable television service? Are you generally pleased with it, or are there times when you would rather go back to the forty-foot antenna with limited channels? Your cable provider usually is a private company, but they have a monopoly to provide the service within the jurisdiction of the entity who issues the contract. In other words, cable may be available from a private enterprise, but its monopolistic nature causes it to resemble a government agency in many respects. Some localities have similar arrangements for a number of other services such as water and sewer. Some states and local governments have contracted with private sector companies for the operation of jails or prisons. While personally I find these arrangements are better for the taxpayer than totally-run government agencies, they do not provide the greater level of savings that a truly competitive situation might.

Your cable company may be more responsive to your concerns than a wholly-owned government enterprise because they may be fearful about losing the contract, but their responsiveness may be merely incrementally better. If there were a private competitor who could assure you that they would provide quicker service and more channels at a similar cost, then you might change providers immediately. You would not be forced to wait until city council became dramatically disgruntled or sought a more lucrative kick-back package. Your choices, your desires are limited by the governmental unit’s deciding what is best for you and your neighbors…or for the politicians who make the decisions. So, I would argue that a private government endorsed monopoly may be marginally better than a government-run service, but falls short of the cost savings and benefits of a fully competitive environment. In addition there is the added factor of the Nanny city, the Nanny township, the Nanny county, the Nanny state, or BIG NANNY arbitrarily limiting your choices. True competition is an economic issue, but it is more fundamentally an issue of freedom.

Every act that permits government intrusion into our lives generates a further erosion of our liberty. Yes, it is important that we encourage and enable the private sector in areas that have been monopolized by government, but the true issue is liberty. If we turn over services and functions merely to save money or enhance service, we have some short-term gain to celebrate. If, however, we recapture our ability to choose for ourselves the service provider to use, then we have solidified our quest for freedom. Tiny steps, I know, but little victories can pave the way for larger accomplishments. Freedom can be regained by working from the “bottom up.” It is much easier to marshal support at the local level than it is to generate a broad-based statewide or national movement.

When you began to read this column, you probably had no inkling that cable television services and liberty would be linked without using the term “net neutrality.” My purpose was to illustrate that our freedoms have been usurped at every level of government. We should remember, however, that our Constitution specifically limits federal involvement in our daily affairs, and state and local oversights are to be decided by the citizens. The federal overreach has far exceeded its constitutional mandate, and state and local interventions have limited our liberty dramatically. It is time to return government to its designated role. It is time for the people to stand up, stand tall and stand firm for freedom.

Comment:  cearlwriting@hotmail.com   or   www.littlestuff-minoosha.blogspot.com

Face Book:  www.facebook.com/pages/Earl-for-Ohio/

Three-D

The fiasco that is taking place in Madison, Wisconsin, and to lesser extent in Ohio and other state capitols has prompted me to consider how organizations sometimes respond to adversity. Although I did take a cognate (minor) in Social Psychology in graduate school, I am not a social psychologist. My observations are rather general and based somewhat on anecdotal evidence. They also represent a somewhat visceral gut reaction to the goings-on that I have witnessed via the unreliable mass media. Those of us who are Libertarians favor small constitutional government, but are often characterized as preferring anarchy to civil order. What we see in the various national capitols throughout the world and here in the state capitols are “big government” apologists behaving as if they were French Revolutionary  anarchists.  The world is turned upside down, and contradictions reign supreme.

When groups and the people who represent them are confronted with issues that may undermine their hold on the realm of their influence, they may react with a strategy called “diffusion.” Diffusion is the tactic that seeks to spread the blame across a wide horizon so that the complaints and demands of the “aggrieved” group seem small when compared to all intervening variables that have contributed to the imbalance. If we use educators as an example for this discussion, we might hear that state funding, local funding, lazy students, uninvolved administrators and parents, and community indifference are reasons for their failures to perform. The argument continues with their demands for higher pay and greater benefits because all of the factors that impede their abilities to achieve are not their fault, and hence, the teachers should not be held accountable. Inadequate results spring from the multitude of intervening elements that conspire to limit classroom efficacy. For many decades the diffusion ruse has been successful as locales, states and national entities have responded with increases and benefits. But to many who hold the keys to the treasury, the diffusion argument has begun to lose steam. Despite the massive infusion of money and commitment, performance has diminished or stagnated.

Although similar to “diffusion,” “deflection” is more pointed, more targeted. The group that uses deflection as a blame-shifting tool usually identifies one or two specific “bogeymen” whom they accuse of being the cause of their non-performance. In the example cited above, the focus of deflection could be “the taxpayers,” the school board or the legislature. Rather than identifying multiple interveners, the deflection strategy isolates one or two as the nemeses of adequate job performance. Deflection is a direct and forceful attempt to shift blame and/or demonize an entity that may be unwilling to yield to the demands of the complainer. This tactic is similar to the one used by siblings who ride in the back seat of the family car…”she did it first” followed by “he made me do it.” It’s past time for taxpaying citizens to quote the driving father. “Do you want me to come back there?” Citizens are becoming frustrated with a government structure that is too big, too unresponsive, to manipulative and unconstitutional. The deflection maneuvers annoy the citizens who are aware, and they respond with anger.

“Detraction” is the most strident and dishonest of the defense mechanisms. Rather than attempting to diffuse or deflect blame for inadequate performance, the group seeks to undermine the credibility and reputations of its detractors. Detraction is not defensive, but is a wholly offensive approach. The campaign of detraction could result in the “truth” becoming a casualty because there are no limits, no rules. The gloves come off as the aggrieved party attacks its critics, and accuses them of numerous nefarious schemes and actions. They assume the persona of a cornered rat as they lash out at anyone who challenges them or their positions. If the challenger can hold fast and not back down, the detraction strategy is the forerunner of collapse. It is the weakest argument available, but it is delivered viciously. By withstanding the assault the challenger can prevail as the defender runs out of energy and arguments.

Three-D’s, diffusion, deflection and detraction will become more prevalent as the battle to restrain our bloated government becomes more heated. We must not waiver. We can never yield. There is too much at risk, and we must stand firm.

Comment:  cearlwriting@hotmail.com     or    www.littlestuff-minoosha.blogspot.com

Face Book:  www.facebook.com/pages/Earl-for-Ohio/