Sovereign Impunity

Sovereign immunity is sometimes called “crown immunity.” It has been documented in early English common law. Sovereign immunity is the doctrine that assumes that the monarch or the state cannot commit a legal wrong. It follows, therefore, that state is immune from civil suit or criminal prosecution. Some states have waived immunity to allow for suits, and in other cases some individuals may be charged as a surrogate for the state. In other words, unless it has been expressly permitted, a citizen cannot sue or bring charges against the government. Misfeasance, malfeasance and intentional indifference for the law are not grounds for suing or filing charges against the government or one of its elected officials or appointees. It seems that they have taken that “sovereign” aspect to heart.

Clearly, it would not be wise in these litigious times for every disgruntled citizen to use the courts to bend the political apparatus to her or his will. There are some groups or associations who do that now with some degree of success. The normal citizen, however, is often powerless to require that government follow the law….particularly the Constitution of the United States. As noted above the concept of sovereign immunity was a staple of English common law, but actually it is a power move by rulers to cover their tracks for any stupid or nefarious actions. In essence sovereign immunity is an   institutionalized lack of accountability. The politicians and the bureaucracy make the laws and enforce them, but in many cases they are exempt from obeying those same rules. Even when they are obligated by law or by oath to adhere to the law, they dismiss or ignore it without fear of repercussions because the Congress is afraid to challenge the Executive branch and vice versa.

We find ourselves on the horns of a dilemma. The separation of powers in the Constitution is designed to deny any of the three branches the capacity for running roughshod. Because all three branches ignore the law and exempt themselves from the consequences, we have no viable method for regaining control of our government. They have successfully isolated themselves from the people and from accountability. In a sense all three branches appear to work in cahoots to ensure the exalted status of the political elites. Even when they disagree, they pointedly fail to hold the others responsible. The political class fears the power of the people far more than they dislike one another’s policies. If they are unwilling to hold one another accountable, and if they all benefit from the protection of sovereign immunity, what recourse is available to the people?

We may consider Thomas Jefferson’s observation that a bloody revolution is needed for every generation to be a little over the top and I suspect that the sage of Monticello may have written it with his tongue firmly planted in his cheek. The truth of the matter is that if the THREAT or the potential for revolution had existed, we might have had a better outcome than we are currently experiencing. The breakdown occurred because we have gone too many generations without the prospect of a popular uprising thus allowing the political class to solidify their power, treat the law with contempt and willfully ignore the Constitution. The due diligence role for the people has become past due. To recapture the power for the electorate will require a Herculean effort with an uncertain outcome. Are there enough patriots willing to tackle the entrenched political class for a sustained period? Let’s hope so. The current method of the political elites ignoring the law is the fast track toward tyranny.

If the people successfully reassert their power over the republic, the doctrine of sovereign immunity should be altered. No immunity should protect politicians or bureaucrats from votes or actions that violate their oaths, the law of the land, or the Constitution. Politicians should be immune from disaffected voters lawsuits because of an unpopular vote…if the measure conforms to Constitutional and legal standards. Our public representatives should be held accountable and legally liable if they act beyond the parameters of their oaths, the law and the Constitution. They do not deserve, nor should they have sovereign immunity if they continue to act with imperial impunity.

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

Littlestuff Weekender-5-21-2011

It appears that the animal rights activists have captured the Ohio GOP….particularly the Ohio Senate. On Tuesday they will be voting on the RINO PROTECTION ACT otherwise known as SB 148. As it now stands, the bill will allow NO THIRD PARTY BALLOT ACCESS IN OHIO.  The GOP power elites have proven in the 2010 primary that they could crush Tea Party candidates. Now they want to eliminate any challenges from others who believe in small constitutional government and personal liberty. Lord Acton observed that “absolute power corrupts absolutely.” The state of Michigan grants ballot status to any party that receives 1% of the vote in certain designated races. Is Ohio too chicken or fearful to live with 3% or so? Apparently they are. If you wish to check out some suggested ballot language that protects your options, go to www.LPO.org and view the pdf  that follows the story about last week’s testimony. Please call your Senator (find at http://www.ohiosenate.gov ). It would be a travesty if Iraqi’s had more choices and freedom than we have.  

Just 10 more days remain in May. Local elections in many places are fewer than 6 months away. There is less than a year and a half until the critical election of 2012. Time is running through the hourglass at an accelerated pace. Now is the time to structure the organization, choose and design materials, and establish a solid timeline for execution.

The latest poll indicated that Ken Blackwell was leading the GOP field as a challenger to Sherrod Brown for the U.S. Senate. Sort of a bogus poll in my view since Blackwell hasn’t announced, but Dr. Michael Pryce has….and he wasn’t included in the questioning. Another case of self-fulfilling polling. The deck is stacked and the political elites deal from the bottom.

As we reminded you earlier, the deadline for filing petitions for candidacy for 2012 is December 7^th…just a tad more than 6 months from now. Research, recruit, organize, staff and plan. If you or your group has a candidate or is seeking one, do it now.

Got some serious field work done yesterday, and plan to do more this afternoon. Rain predicted for tomorrow here in Wood County, Ohio. That has become the norm. Hope that some level of precipitation continues throughout the summer. Our late start for planting will hurt our yields, but a truly dry summer could be devastating.

The GOP presidential sweepstakes are all mixed up, but how many Dem’s wish they had the guts to challenge “O?” Come on, Hillary. Come on, Chucky Schumer. Go for it.

I would like to see a new federal office created, and I gleefully volunteer to assume the office: Dismantling Czar. The job description would be to eliminate every unconstitutional, unnecessary and inefficient federal agency, department, bureau and office. The only government employees who would remain after my reign of “error” would be the gate keeping guards at the CIA in Langley. They have done an excellent job so far.

The President has all the tact and diplomacy of an alligator in heat. His stated preference to restore the 1967 borders for Israel has been a topic that has never before been stated openly by U.S. Presidents or diplomats. Now it seems that he has something sticking to his shoes as he attempts to backtrack and minimize. His huge ego seems to drive him to state things under the assumption that if he says it, it will happen. We can only pray (and work) that his reelection efforts follow a similar pattern.

Personally, I wish more candidates would discuss liberty. Big Government robs us of our money, our property and our options. If liberty were the driving force or motivation for our decisions, government wouldn’t be so large, so costly and so oppressive.

Some group has suggested that McDonald’s retire Ronald because he leads kids to make unhealthy choices. Damn lefties should get a life. Next thing you know they’ll be after the Tooth Fairy because she conditions kids to expect something for nothing…thus creating an entitlement mentality. Come to think about it, they may have a point. Just thinking…just sayin’.

The Huck is out. Newtie is in. Cain is in. Bachmann is in. Daniels is coy. Christie and Perry claim to not want to run. Is Harold Stassen around? What about Walter Judd? Given how fast he wants to jump the ladder, I’m shocked that Josh Mandel hasn’t announced for President yet…he’s probably waiting for 2016.

I left the Ohio General Assembly in 1984. I served with John Kasich, Sherrod Brown, Mike DeWine, and Bill Batchelder…all of whom hold positions of responsibility today with Ohio’s government. Are you better off today than you were 27 years ago?

Our radio program on WSPD 1370 AM continues every Tuesday and Wednesday evenings from 6:00 to 7:00pm. This week we’ll have Scott Allegrini from the Children of Liberty on our “Liberty Link” segment and Dr. Michael Pryce to discuss ObamaCare and his race for the GOP Senate nomination. You can find us at www.wspd.com  or (419) 240-1370, (866) 321-1370 toll free.

Have a wonderful remainder of the weekend. Back on Monday with Littlestuff-minoosha and a discussion of sovereign immunity.

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

  

Meeting Needs

Any successful enterprise that is focused on changing the status quo must be well organized. Organization is even more critical when the agents of change represent a small portion of the affected body. In today’s political environment the “Tea Party” and liberty movements represent an active and determined minority that is working to restore some sanity into the United States’ government institutions. So, it follows that organization….and meetings are vital for planning and executing the blueprint. The clinker is that people of action loathe meetings. The patriots whose coordination and education are most important for advancing the cause are usually the most impatient with long meetings. On the other hand we have meeting organizers who successfully negotiate every detail for conducting informative meetings. As a result of the types of personalities involved, some groups are blessed with highly informative programs but have minimal impact for recruitment or campaigning. Others place yard signs and hold rallies with gusto but their meetings may not have much “meat.”

Clearly the organizations that populate the Liberty and Tea Party universe do not share perfectly matched goals or principles. We do, at least, share the same professed desire for constitutional, smaller government, lower taxes and dismantling of the Nanny State. We may differ on foreign policy, military deployment and a few social issues, but we are united in our fear and distrust of a too-powerful federal government. Common purpose should result in common effort. It seems that citizens who are concerned about the state of the nation will gravitate toward a group who shares their values, or….who invites them personally to participate. The new person’s personality may not be in sync with the approach of that particular group, and she or he will drift away with the impression that most reformist groups are similar. What might be considered is for each group to develop or appoint leadership that can capitalize on the personality strengths of the members. A new potential recruit could, therefore, find that the local group is diverse enough to provide real opportunities for her or him to be fully engaged.

If a group is too small to encompass the various types of effective leadership, cooperating with another patriot group may be fruitful. Forming an action or educational committee whose members span both groups could develop into a proficient organization that exceeds the ability of either group alone to be successful. The cooperative enterprise may attract others from the community who may not have felt comfortable with a particular group but is positively impressed by the activity of the coalition. It’s not necessary that the two groups merge, but merely work together when the individual skills of their members complement one another. We witness this dynamic for larger functions when two or more patriot groups join forces for a major event, so why not consider this strategy on a micro level.

The overriding issue is that our numbers are small and the task is huge. For the sake of the nation and future generations, it is vital that we add more dedicated people or maximize the numbers that we have at the present time. Sam Adams observed that an active vocal minority could prevail. He was correct. Witness the current state of our country. Our situation was envisioned and created by a dedicated minority of leftist zealots who refused to quit. They have been so successful that our energized liberty-loving minority does not have the luxury of decades to re-establish the republic. Yesterday is history. Today is when we must move forward. Tomorrow may be too late. Recruit, educate, train, unite and organize to preserve the Founder’s vision.

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

Flaming Courage

“The votes aren’t there” is the typical response of a “conservative” politician who fails to initiate the type of legislation that is necessary to stop our current madness. Another dodge that politicians use is “the opposition is too strong right now to get this through.” Those statements may be truthful. Indeed, they probably are, but they do not justify an unwillingness to try to correct the deficiencies of government. Principled advocates promote their causes even when the circumstances are most bleak. Many of the “progressive’ elements of our present day were considered astronomical long shots when first proposed. Their proponents refused to be intimidated by public opinion or legislative opposition. They continued to toil in the vineyards of public policy until their destructive measures were adopted. Why is it that so many self-described believers in constitutional government lack similar intensity and commitment to their positions?

Small steps toward worthy goals frequently lead to ultimate victory. A football analogy would be that a team that gains 5 yards on every play will eventually score, eat some clock time and prevent their opponent’s offense from possessing the ball. When a team is far behind and the clock is ticking away, a different strategy is required. Yardage and scores must be earned in large bunches. The hurry-up huddle and two-minute offense will be employed to save precious moments. Downfield and sideline passes will dominate, and the running game may be forgotten. In the world of big government tyranny we are in the final quarter, the clock continues to move, and we are terrifyingly behind on the scoreboard. Yet the so-called constitutionalists dither and dawdle and continue to run plays that yield minimal gains. They seem unwilling to throw the ball. They are reluctant to strike for the goal. They are content with small token gains while the time is running out. Why?

Ego and perception appear to be the guiding rules for the “small-government” politicians. First, they believe that their intellects, their contributions and their savvy are much too important to be sacrificed on the altar of principle. They view their most principled colleagues as “wackos” or extremists. In essence they accept the labeling advanced by those who wish to destroy our nation and those mental light weights who are supposed to report the news. These political officeholders cannot imagine that they could be replaced because they believe the “right” things but support incremental erosion of our liberty so as not to appear too far removed from the mainstream. Their egocentric self-importance is enabling the destruction of our republic. They do not possess the courage to go down in flames for the principles of individual liberty and constitutional government. They assume that pledging “lives, fortunes and sacred honor” is a quaint but wholly ludicrous proposition.

Each faux small-government constitutional politician sees the flood and understands that it may lead to tragic consequences. Like the single raindrop, however, the spineless career politician does not recognize his or her role in the deluge. Excuse my language, but I am damn tired of politicians who want to appear to be “reasonable.” Just what is reasonable about the destruction of our nation? Why is it considered reasonable to stand aside while politicians and policies tear away the very fabric of our republic? What is reasonable about national suicide? Why do the people who claim to be supporters of a small constitutional government and individual liberty insist on being “reasonable?”

My preference is for statesmen and stateswomen who love liberty. I prefer political types who understand that liberty can preserved only by a small government that does not usurp our rights. I desire a government that will defend the borders and allow the citizens to thrive and grow without annoying interference from bureaucrats and reasonable politicians. I want politicians who have the courage to go down in flames for liberty and constitutional government. I do not want “reasonable” politicians who are willing to fiddle while the remainder of us burn. Get with the program, “conservative politicians,” either risk your political careers to save the country or get out of the way. Step up or step down. There is too much at stake for your ego to get in the way.

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

Government-mandated Outsourcing

In February it was announced that Deutsche Boerse had agreed in principle to purchase the New York Stock Exchange (Euronext) for $10 billion. With the purchase, the German company would become the largest exchange operator in the world. Politicians and the financial community lauded the proposed deal as one of great opportunity for expanding markets. In response Nasdaq OMX Group Inc. joined with Intercontinental Exchange Inc. to offer a competing bid for the NYSE. While the New York entity was considering the offers…one from Germany and the other primarily U.S. based…the federal government sprang into action.

Even though the final offer from the domestic Nasdaq group was sweeter than the original offer of the German concern, the NYSE rejected the proposal from the American suitors. Although they stated a primary reason was that the prospect of being a part of the largest exchange in the world intrigued them, concern was also expressed about the monopoly aspects of a merger with the other U.S. company. In other words, there were reservations about whether or not the United States’ Federal Government would initiate anti-trust action against the merger. Government regulations and the potential for heavy-handed litigation were influential in the final decision to sell the NYSE to a foreign entity. This little scenario is emblematic of the legal and regulatory environment in our country today and may be a significant indicator for the reasons some companies may choose to relocate their headquarters offshore.

The NYSE-Nasdaq kabuki dance is a reminder of the effect that government power has on businesses. Just the threat of government action may alter the decision-making process for a company. That could be a good thing if the corporation were intending to engage in harmful or radically unsafe practices. The other side is that subjective or arbitrary regulating may lead companies to become timid or frustrated. We can see evidence of that in the distribution of waivers for “Obamacare.” Friends, contributors and supporters receive favorable treatment while the remainder of the nation is expected to comply with the thousands of arcane rules and mandates. Big government holds the power to subjectively enforce its many rules. For a serious business operation this milieu may be intolerable because it is nearly impossible to successfully forecast and plan when the rules are implemented in a whimsical fashion.

Even if government were to enforce a given law uniformly, the businesses involved will always suspect that, at some point, the rules will change or enforcement would be unevenly practiced. The weakness of big government regulatory mechanisms should be readily apparent. In many countries and cultures bribery and corruption are the best method for companies to avoid getting lost in the regulatory maze. It is possible for smaller government to be corrupt, but because of its limited influence on the marketplace, the corruption may not have much of an impact in the marketplace. Most people and businesses seek stability. They may prefer consistent corruption to an unevenly enforced regulatory environment.

The proliferation of new rules, laws and regulations have generated a marketplace that finds its workers treading on eggshells. Government enforcers at every level appear to be constantly prowling for violations, real and imagined. Laws and regulations are unevenly enforced from sector to sector, business to business, and region to region. Bureaucrats have assumed the power (or it has been given to them) to transform vaguely-worded, over-arching legislation and molding the result into an unending series of nitpicking, nonsensical requirements. Despite the insanity of the rules, business must comply or be fined………………or relocate. Now add unrealistic union workplace rules to the bureaucratic morass and one wonders why any businesses remain here.

Fear is often as lethal as force. Fear is a prime motivator for behavior modification. In other words, fear of punishment or fear of retribution may cause you or a business to act in ways that are not in your best interests. In a democratic republic the people should not fear the government, but the government should fear the people (credit and kudos to Thomas Jefferson and “V for Vendetta”). When we fear the government more than it fears us, it is time for reordering our priorities….time to restructure the way things are.

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