Wednesday, February 27, 2013

Constitutional Eulogy



Constitutional Eulogy
Charlie Earl

Can you name one original constitutional provision or any of the first ten amendments that the federal government has not violated? Go ahead think about it or “google it.” Count on your fingers, use your toes and make your best guess. As you know, we have various classes of crimes listed in our federal, state and local criminal codes. Basically they fall into two major categories: misdemeanors and felonies. So…how severe should be the penalty for violating the supreme law of the land? What purpose is there for writing law and promoting the rule of law if the “lawmakers” cavalierly ignore the law without suffering penalties? The disparity between how the elites regard the law versus the expectations for the common citizens is stark. An inoperable tail light can result in a greater penalty than overtly violating the Constitution of the United States.

As a Libertarian candidate for statewide office in 2010, I was frequently told by voters that my philosophy and my party were too prone to anarchy. The common understanding of anarchy is that a structure of laws and behaviors does not exist in society. If my critics truly believed their criticisms of my philosophy were valid, how can they countenance the anarchic behavior of our elected, appointed and bureaucratic “masters?” What good is law if it can be arbitrarily ignored by anyone…especially the lawgivers and enforcers? We are compelled to accept anarchy by the elites while the populace lives under tyranny’s thumb. In my view anarchy for all is better than tyranny for most.

Although the Executive and Legislative branches flaunt their constitutional restrictions on a daily basis, the courts provided them with the tools for justifying their disobedience. Just as the statist/progressive agenda has slithered into our society and political body, so too has it subverted the courts. I am not an attorney, nor do I play one on television…..and I did not stay in a Holiday Inn Express last night. There have been numerous landmark cases the Supreme Court of the United States (SCOTUS) has decided throughout our history. Each of these in some way left an enduring mark on our nation, our society and our federal contract. One such decision which has generally escaped notice in the popular literature was “Chung Fook v. White, 264 U.S. 443 (1924). I urge you to read a summary if you have the time, but the essence of the SCOTUS decision was that the intent of a law was more important than its text. In other words…the precedent established by Fook gave justices the power to determine the social goal or intent of a law versus the actual language of the legislation. The wizards of our social conscience and contract wear black robes.

Words have meanings unless they do not. Laws have purposes unless they’re altered by the courts or Executive orders. Legislation has goals unless it is written so vaguely that the bureaucracy has carte blanche to implement it any way they choose. The bottom line is that because of legislative imprecision, executive overreaching and judicial mental gymnastics we are a nation governed by legal anarchists. Our written foundation, The Constitution of the United States, and other supporting documents have been sacrificed on the altar of “feel good” wizardry. The people are compelled to obey a vast array of rules, laws and regulations while the lawgivers engage in chaotic anarchy. The rule of law has been suspended “for our own good.”

There is a glimmer of hope. Anarchy is not a default position for most of us. We seek order and stability, but we do desire individual liberty and personal decision-making. At some point (coming sooner rather than later, I suspect) citizens will resist the capriciousness of our national leadership and their pompous proclamations. Some will go on with their lives by ignoring the braying of Big Brother. Others will fight back within the system by trying to change laws and policy. A third subset may actively seek to undermine the insane and grossly unrealistic command structure of the nation. Whatever happens, it will be disruptive or we will succumb to whimsical tyranny. We are governed by a bevy of three-year-olds who arbitrarily choose which laws they will obey. Maybe it’s time to introduce them to the Law of Gravity and watch them fall.   

Charlie Earl

Monday, February 25, 2013

The Big Squeeze



The Big Squeeze
Charlie Earl

Someday in the not too distant future the middle class in the United States will consist of one family…. the sole household at the median point. I know… it sounds bizarre. Consider that our present rate of inflation is artificially low because of FED suppression of interest rates and government growth and costs are accelerating faster than inflation, and you’ll understand that the real wealth and purchasing power of the typical person and/or household is shrinking. Also…if interest rate caps are removed (either through policy or insolvency), the pressure from government on the private sector will increase geometrically because the carrying costs of government debt will balloon astronomically.

Most Americans will be caught in a python-like squeeze between rising costs and a shrinking economy. As costs climb, businesses will be forced to reduce staff numbers or hours for their workers. Throughout history businesses have faced ebbs and flows in their fortunes. In agricultural societies a bad crop season could lead to difficult years for the merchants who served the community. Innovation can be a cause of economic disruption as a new technology replaces an outdated one. There were probably many buggy-whip craftsmen who lost their jobs as the automobile became common place. Those disruptions were usually short-term in nature because natural disasters don’t last forever, and job opportunities become available when new industries are formed. Centralized economies are a different matter.

Generally governments are not capable of quick responses. The red tape and bureaucratic processes tend to limit response time. For example….many people are still waiting for some type of disaster relief following the destruction by “Sandy.” So…when economic conditions approach perilous danger points, governments dither and dabble before ultimately settling for responses that have proven to be inadequate…. or even harmful. Government intervention distorts markets and the natural supply/demand dynamic. When the government intervenes in the market false values are created, and government’s tendency is to manipulate the commodities or activities that are most vital for thriving commerce.

One of the great advantages for those who possess true economic wealth is the array of options or choices available to them. For those who stand on the threshold of poverty, however, the choices are more limited. The middle class and the poor must first secure their food and shelter before using whatever amount remains for choosing. The wealthy, on the other hand, have more dollars available for making choices after their basic needs have been met. So…government policies that are intended to “do good” most often harm those for whom they were intended to help by altering markets and values. While the poor may receive government stipends and others benefit from subsidies, the distortion of the markets often raises the real costs of the basic goods. Thus the government confiscates taxes from the people to provide the basics for the poor while raising the costs for all because of its ill-advised market interventions. The value of the services for the poor are diminished and the costs for the taxpayers are higher because of government intervention and it’s 30% administrative and carrying costs.

As more people slide into poverty and near-poverty because of worsening economic conditions (government policies), the strain increases on the treasury and deficits accrue. The Fed prints (digitally transfers) more money to ensure cash flow, but the value of each respective dollar is lower than the one that preceded it. When the asset base for wealth grows more slowly than the number of dollars that are printed, the value of each dollar is less. Its purchasing power is diluted, and those who have limited funds dedicated to acquiring basic necessities are severely damaged. Thus the squeeze occurs. Costs rise and the value of money decreases, and those whom the government claims to help are hurt the most. Government rhetoric and the consequences of government policies are rarely in sync.

Charlie Earl
         


Friday, February 22, 2013

Raging Lethargy



Raging Lethargy
Charlie Earl

Former WLW, Cincinnati, radio personality Gary Burbank regaled many of us with his idiosyncratic characters. One of his most enduring and endearing was “Earl Pitts” who closed his bits with “Wake up, America!” followed by his signature, “Pitts off!” If only we had Earl Pitts dispensing his down-home advice and wisdom on the airwaves today. His ‘redneck’ persona and plain talk went straight to the core of his selected issue of the day. While “Gilbert Gnarley” was the curious but often naïve loon, Pitts told it “like it is” and the way it ought to be. We should be screaming at the top of our liberty-loving lungs that it’s time to “Wake up, America!!!!”

It is understandable that so many of our fellow citizens appear to be semi-zombies in their attitudes toward a huge and oppressive government/statist/crony-corporatist infrastructure. Either they have decided to capitalize on the “freebie” aspect of government (taxpayer) largesse, or they perceive that the issues and problems are too large and numerous to withstand. They are experiencing over-load withdrawal. Our highly medicated culture is consuming anti-depressants at an alarming rate. One wonders if the natural tension between an individual’s desire for freedom and an overwhelmingly intrusive government is a major contributor to our national malady. Depression often leads to withdrawal, and on a cognitive level people perceive that they should not retreat from their obligations to others and their posterity, but they believe themselves to be inadequately armed for the preservation or restoration of liberty. Frustration is manifested in indifference and despair.

Most of us are capable when confronted by a single task or barrier, but even the strongest among us sometimes falters when we feel surrounded by a legion of problems and foes. We hesitate…not knowing which difficulty to tackle first. We flinch and attempt to prioritize, but the challenges grow larger and more ominous as we struggle to devise a strategy. We freeze in place because we cannot act. To attack an issue head-on may expose our flanks to other vital considerations. We retreat and we withdraw from the battle. We justify our lethargy by claiming that it’s better to live so we can fight another day. We fall behind as the battle rages around us, and we either attack with a suicidal charge or curl into the fetal position and pray for it to end. Lethargy and immobility are natural and understandable during conditions such as those we face today.

To protect the future we must win the present. With so many out-of-whack elements bombarding us on a daily basis, the truly difficult task is deciding when or where to fight. If we err, we may not be capable of recovering in time to make the proper adjustments. Tea Party and Liberty groups have similar issues. The field of devastation is so littered with big government debris that every week brings new challenges and new “alerts.” Prioritizing, personal interests and divisions of labor seem to offer the best strategies going forward. Individuals should choose one or two critical elements that are most important to them and marshal their resources and energies on those fronts. Groups should follow a similar game plan by identifying and prioritizing the assaults on our liberty followed by the creation of “task forces” to research and respond. Clearly… the members of each task force will be individuals who are most concerned or passionate about the particular issue under scrutiny. Additionally…each group and task force should attempt to work with other liberty and Tea Party groups on their parallel paths. Feed one another information plus give one another encouragement and share strategies and solutions. With the technological capabilities we have, we can be as effective as our forefathers’ committees of correspondence.

We cannot remain in the fetal position because the progressives/statists will kill us….literally and figuratively. We must overcome our indecision and lethargy or we’ll be radically outpaced. Our rally cry must be liberty! Our unbending goal must be freedom! Any other purpose (e.g. single issue) cannot generate enough support for an effective coalition. Liberty! First, foremost and forever!

Charlie Earl
     

 

Wednesday, February 20, 2013

Thirty Hour Work Force



Thirty-Hour Work Force
Charlie Earl

As the European economic experiment slowly slides into quicksand, the economic gurus of the United States are hustling to keep pace. In addition to unsustainable pension plans the EU workforce has enjoyed the short-term benefits of shorter work weeks (35 hours in some countries) and extended vacations. Not surprisingly productivity has declined while government costs have accelerated. France is attempting to restore some sanity to the issue, but workers are virulently pushing back.

Meanwhile in the United States the shorter work-week model is being advanced through implementation of the Patient Protection and Affordable Care Act (aka Obamacare). Stringent and costly requirements for employers in the field of healthcare have resulted in many small businesses reducing the hours of their employees in order to escape punitive government rules. When many of our government leaders seem to covet Europe’s socialist trend, it makes it difficult to determine if they foresaw the reduced work week as a logical consequence of their passing Obamacare without “knowing what’s in it.” Admittedly as one who is not impressed by the mental agility of our elite overseer class, I might assume that they were blindly unaware of the results of their manipulating more than one-sixth of our national economy. My distrust of their agendas, however, makes me suspect that they saw an opportunity for implementing the Euro-socialist plan via the back door. The back door and the trap door are the favorite entry points for those who desire to control us.

Added to the inevitable reduction in hours for many workers because of Obamacare restrictions and regulations is the President’s call for a 24% increase in the federal minimum wage. This is another maneuver that jump starts my paranoia. While many would assume that GOP lawmakers will not accede to Obama’s request/demand, I expect an argument will be advanced citing reduced hours as a justification for a higher hourly wage. They create the problem with insane lawmaking then browbeat a few compliant GOP softies into going along with the rate increase. Many union contracts are tethered to the minimum wage so those would automatically increase thus putting more pressure on private and public sector employers. In addition the unions could solidify their membership with the higher wages and have more dollars to contribute to the Democrats and their socialist agenda. Boehner’s and the GOP House’s failures to repeal or defund Obamacare will result in a series of inter-related body blows to our economy. Our nation will stagger closer to European socialism, the unions and Democrats will be victorious and the weak-willed, dull-minded GOP will get the blame.

Every unchallenged progressive initiative and every overreaching but compromised progressive proposal leads to less liberty and more tyranny. Every law, rule or regulation generates a cascading series of effects that impacts all of us. As difficult as it may be to admit, pork barrel spending may be the least onerous of government action. Other than its redistributing taxpayer’s wealth from one district to another, the residual effects of building a local post office, monument or museum are less dangerous than most any other type of legislative or bureaucratic action. There are some political observers who believe provisions or laws should always contain a sunset date. It may slow the march, but it will not halt it because of the ancillary effects of any given legislative enactment. The “host” may be forced to die, but the “parasites” will continue to thrive. Or…. the host will be renewed or strengthened to protect the parasitic outgrowths from the original endeavor. The legislation passed by our political masters is similar to an octopus because the tentacles reach across the regulatory spectrum into other seemingly unrelated areas.

The remedy is self-evident. We should capitalize on our new thirty-hour work weeks by using our extended off time to dismantle the federal monster, remove its nefarious influence from our respective states and get on with our lives. Perhaps our freedom from working will allow our Framers’ dream for liberty to actually work. Of course… when the government figures that we may have time for disrupting their plans, they may require that we perform 40 hours per week of “community service.”

Charlie Earl
  


Monday, February 18, 2013

Bouncing Checks and Balances



Bouncing Checks and Balances
Charlie Earl

The system of checks and balances designed by our Framers has become a “Three versus One” distortion of the original plan. The Three branches of government, legislative, executive and judicial, have coalesced into a massive impediment for individual liberty and personal prosperity for The One….. We the People. From their initial roles as defenders of our freedom, they have morphed into deniers of our liberty. They may have internal disputes about implementing legislation or adjudicating conflicts, but they appear to share a common goal. They endorse by their actions, their statements and their priorities the sense that they are the elites who are best equipped to rule the rest of us. The balances so laboriously devised by the Framers have been cast aside to aid and abet the “government versus the rest of us” mentality.

Perhaps the starkest example of government’s violation of its duty is the fiscal situation facing our nation today. The cost of maintaining the federal monstrosity far exceeds the revenue it collects while at the same time Congress, the Administration and the Courts continue to enlarge the government portfolio in defiance of the Constitution. Increased government oversight leads to accelerating costs and results in greater deficits and growing debt.

From the theeconomiccollapseblog:
55 Facts About The Debt And U.S. Government Finances That Every American Voter Should Know

The future of the United States of America is being systematically destroyed by our politicians, but unfortunately most Americans don't really grasp exactly what is happening. 30 years ago, our national debt had just crossed the one trillion dollar mark. Just recently, it crossed the 16 trillion dollar mark. Prior to every election, politicians from both parties swear up and down that they will do something about our exploding debt, but it never happens.

Once again this year, our politicians are making all kinds of grand promises about getting U.S. government finances under control. But they are also promising all kinds of new plans and programs which are going to cost a lot more money on top of what we are already spending. For the average American, all of this can be incredibly confusing. That is why I have put together a list of facts about the debt and U.S. government finances below. These are things that every voter should know. The federal government is stealing more than a trillion dollars a year from our children and our grandchildren, and they are spending that money in some of the most foolish ways that you could ever imagine. We have accumulated the largest mountain of debt in the history of the world, but our politicians just can't help themselves - they appear to be absolutely addicted to spending money. If we continue on the path that we are currently on, our entire financial system and our entire economy will be destroyed by all of this debt. Time is running out and urgent action is needed to address this crisis.

Many of our founding fathers attempted to warn us about the dangers of government debt. For example, Thomas Jefferson once said the following...
I wish it were possible to obtain a single amendment to our Constitution. I would be willing to depend on that alone for the reduction of the administration of our government to the genuine principles of its Constitution; I mean an additional article, taking from the federal government the power of borrowing.
Where would we be today if such an amendment had been added to our Constitution?
How much brighter would our future be if the federal government had been forced to only spend what it took in all these years?
Those are very good questions.

The following are some of the 55 facts about the debt and U.S. government finances that every American voter should know....
#1 While Barack Obama has been president, the U.S. government has spent 12 dollars about 11 dollar12s for every 7 dollars of revenue that it has actually brought in.
#2 During the fiscal year that just ended, the U.S. government took in 2.449 trillion dollars3.538 trillion dollarsover a trillion dollars32 p
#5 Over the past year, the number of Americans getting a free cell phone from the federal government has grown by 43 percent. Now more than 16 million Americans are enjoying what has come to be known as an "Obamaphone".
#6 When Barack Obama first entered the White House, about 32 million Americans were on food stamps. Now, nearly 47 million Americans are on food stamps. And this has happened during what Obama refers to as "an economic recovery.”27 million dollars$300,0002all the social inte
#10 The U.S. Department of Agriculture gave the largest snack food maker in the world (PepsiCo Inc.) a total of 1.3 million dollars in corporate welfare that was used to help build "a Greek yogurt factory in New York."
#11 The National Science Foundation recently gave researchers at Purdue University $350,000. They used part of that money to help fund a study that discovered that if golfers imagine that a hole is bigger it will help them with their putting.
#12 If you can believe it, $10,000 from the federal government was actually used to purchase talking urinal cakes up in Michigan.
#13 The National Science Foundation recently gave a whopping $697,177 to a New York City-based theater company to produce a musical about climate change.
#14 The National Institutes of Health recently gave $666,905 to a group of researchers that is studying the benefits of watching reruns on television.
#15 The National Science Foundation has given 1.2 million dollars to a team of "scientists" that is spending part of that money on a study that is seeking to determine whether elderly Americans would benefit from playing World of Warcraft or not.
#16 The National Institutes of Health recently gave $548,731 to a team of researchers that concluded that those that drink heavily in their thirties also tend to feel more immature.
#17 The National Science Foundation recently spent $30,000 on a study to determine if "gaydar" actually exists. This is the conclusion that the researchers reached at the end of the study....
"Gaydar is indeed real and… its accuracy is driven by sensitivity to individual facial features"
#18 Back in 2011, the National Institutes of Health spent $592,527 on a study that sought to figure out once and for all why chimpanzees throw poop.
#19 The U.S. government spends more on the military than China, Russia, Japan, India, and the rest of NATO combined. In fact, the United States accounts for 41.0% of all military spending on the planet. China is next with only 8.2%.
#20 In a previous article, I noted that close to 500,000 federal employees now make at least $100,000 a year.
#21 In 2006, only 12 percent of all federal workers made $100,000 or more per year. Now, approximately 22 percent of all federal workers do.
#22 If you can believe it, there are 77,000 federal workers that make more than the governors of their own states do.
#23 During 2010, the average federal employee in the Washington D.C. area received total compensation worth more than $126,000.
#24 The U.S. Department of Defense had just nine civilians earning $170,000 or more back in 2005. When Barack Obama became president, the U.S. Department of Defense had 214 civilians earning $170,000 or more. By June 2010, the U.S. Department of Defense had 994 civilians earning $170,000 or more.
#25 During 2010, compensation for federal employees came to a grand total of approximately 447 billion dollars.
#26 If you can believe it, close to 15,000 retired federal employees are currently collecting federal pensions for life worth at least $100,000 annually. That list includes such names as Newt Gingrich, Bob Dole, Trent Lott, Dick Gephardt and Dick Cheney.
#27 During 2010, the federal government spent $33,387 on the hair care needs of U.S. Senators.
#28 During 2010, U.S. Senators pulled $72,370 out of the "Senate Restaurant Fund".
#29 During 2010, an average of $4,005,900 of U.S. taxpayer money was spent on "personal" and "office" expenses per Senator.
#30 In 2013, 3.7 million dollars will be spent to support the lavish lifestyles of former presidents such as George W. Bush and Bill Clinton.
#31 During 2011, the federal government spent a total of 1.4 BILLION dollars just on the Obamas.
#32 When you combine all federal government spending, all state government spending and all local government spending, it comes to approximately 41 percent of U.S. GDP. But don't worry, all of our politicians insist that this is not socialism.
#33 As I have written about previously, less than 30 percent of all Americans lived in a home where at least one person received financial assistance from the federal government back in 1983. Today, that number is sitting at an all-time high of 49 percent.
#34 Back in 1990, the federal government accounted for just 32 percent of all health care spending in America. This year, it is being projected that the federal government will account for more than 50 percent of all health care spending in the United States.
#35 The number of Americans on Medicaid soared from 34 million in 2000 to 54 million in 2011, and it is being projected that Obamacare will add 16 million more Americans to the Medicaid rolls.
#36 In one of my previous articles, I discussed how it is being projected that the number of Americans on Medicare will grow from 50.7 million in 2012 to 73.2 million in 2025.
#37 If you can believe it, Medicare is facing unfunded liabilities of more than 38 trillion dollars over the next 75 years. That comes to approximately $328,404 for each and every household in the United States.
#38 In the United States today, more than 61 million Americans receive some form of Social Security benefits. By 2035, that number is projected to soar to a whopping 91 million.
#39 Overall, the Social Security system is facing a 134 trillion dollar shortfall over the next 75 years.
#40 When Barack Obama first took office, the U.S. national debt was about 10.6 trillion dollars. Now it is about 16.2 trillion dollars. That is an increase of 5.6 trillion dollars in less than 4 years.
#41 The federal government has now run a budget deficit of more than a trillion dollars for four years in a row.
#42 If right this moment you went out and started spending one dollar every single second, it would take you more than 31,000 years to spend one trillion dollars.
#43 If you were alive when Jesus Christ was born and you spent one million dollars every single day since that point, you still would not have spent one trillion dollars by now.
#44 Some suggest that "taxing the rich" is the answer. Well, if Bill Gates gave every single penny of his entire fortune to the U.S. government, it would only cover the U.S. budget deficit for 15 days.
#45 If the federal government used GAAP accounting standards like publicly traded corporations do, the real federal budget deficit for 2011 would have been 5 trillion dollars instead of 1.3 trillion dollars.
#46 The United States already has more government debt per capita than Greece, Portugal, Italy, Ireland or Spain does.
#47 At this point, the United States government is responsible for more than a third of all the government debt in the entire world.
#48 The amount of U.S. government debt held by foreigners is about 5 times larger than it was just a decade ago.
#49 Between 2007 and 2010, U.S. GDP grew by only 4.26%, but the U.S. national debt soared by 61% during that same time period.
#50 The U.S. national debt is now more than 37 times larger than it was when Richard Nixon took us off the gold standard.
#51 The U.S. national debt is now more than 5000 times larger than it was when the Federal Reserve was first created.
#52 The U.S. national debt jumped more on the very first day of fiscal year 2013 than it did from 1776 to 1941 combined.
#53 Historically, the interest rate on 10 year U.S. Treasuries has averaged 6.68 percent. If the average interest rate on U.S. government debt rose to that level today, the U.S. government would find itself spending more than a trillion dollars per year just on interest on the national debt.
#54 A recently revised IMF policy paper entitled “An Analysis of U.S. Fiscal and Generational Imbalances: Who Will Pay and How?” projects that U.S. government debt will rise to about 400 percent of GDP by the year 2050.
#55 Boston University economist Laurence Kotlikoff is warning that the U.S. government is facing a gigantic tsunami of unfunded liabilities in the coming years that we are counting on our children and our grandchildren to pay. Kotlikoff speaks of a "fiscal gap" which he defines as "the present value difference between projected future spending and revenue". His calculations have led him to the conclusion that the federal government is facing a fiscal gap of 222 trillion dollars in the years ahead.


Even if some of this economic analysis is exaggerated or overstated, nonetheless it is illustrative of a government that has grossly exceeded its constitutional parameters and its capacity to perform effectively. Who is checking and who is balancing as power becomes more concentrated among the marble and granite halls of government?

As government through its various devices attempts to “level the playing field,” it is engaged in a massive concentration of power that limits the choices for citizens. Soon…we will be forced into a “one size fits all” society with few remedies available to us. Who is checking the power of runaway government? Who is balancing the power to prevent tyranny?

Charlie Earl