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Hello Mr. Vice President, My name is Tony Barton, Foreston,MN

Hello Mr. Vice President, My name is Tony Barton, Foreston,MN

Dear Ms. Barton

http://www.youtube.com/watch?v=DfEd2BvBmJg&eurl=http%3A%2F%2Fwww%2Ewhitehouse%2Egov%2Fblog%2FResponses%2Dto%2DBiden%2DSmall%2DBusinesses%2Dand%2Dthe%2DMorality%2Dof%2Dit%2DAll%2F&feature=player_embedded#t=219

I would like to respond to your video. You mentioned that you believe
our elected officials should use government to solve problems. Many
people in this country do not believe that. They believe it is up to the
individual to solve problems not government. Asking government to solve
problems is saying to your neighbors -- You are required to help me, at
the point of a gun. I don't believe that and once your business gets
going I doubt you would either.

That said, many real radical conservatives believe that the government
should stay completely out of health care. Where does that leave you?

If the current round of bills in Congress is any indication you will
be better off in the short term but your working neighbors the elderly and eventually, you
will be worse off. To see for yourself, look at this document written by House
Democrats that attempts to defend HR3200:

http://energycommerce.house.gov/Press_111/20090714/hr3200_summary.pdf

It's only 4 pages long. If you read it, you will be excited about the
possibilities until you think about how it could possibly be paid for.
It can't. Almost all of the programs mentioned cost more money and drive
medical care costs up. The only recourse will be to grow the base of
premium payers or raise taxes. Either way, costs keep going up and
eventually your government and mine will be implementing price freezes
on medical care. Price controls always lead to shortages.

What neither Democrats or Republicans care about is an efficient low
cost, better medical care, universal coverage solution. They focus on the
money -- that's where your "premiums" go and that's what they want their
hands on.

I offer you an opportunity to support something superior to all plans
proposed by Democrats and Repbulicans. I offer you a plan that would
drive costs down, cover everyone and take both insurance company
executives and government officials out of the decisions made by you and
your doctor. The best thing about this plan is it could be implemented
and in service by January, 2010.

Here is what I propose.

Health Savings Account (HSA)

Each person has an HSA. Into that, he contributes 8% of his gross
salary. The contribution is just like with Social Security; there is no
minimum wage below which you escape contributing. HSA contributions are
not taxed. You HSA pays for all planned health care (annual physical
exams, scheduled dental care, chest x-rays, pap test, and
all other "maintenance" medical functions.) When you walk in
the door of the hospital or doctors office or lab, you pay them
up front from your HSA. Doctors, Hospitals and labs no longer have
dead beat customers, insurance forms or government forms to fill out to
be paid. There is no longer a 1 to 6 month delay in payments.

You would also be required to pay the premiums on a Catastrophic Health
Insurance (CHI) policy which would cover all unexpected medical needs (broken
arm, serious disease, root canals, hereditary disease, etc).

Together the HSA plus CHI policy would completely cover your medical
needs. Each of your employees has the same plan. You no longer worry
about your employees, you worry about yourself. You employees have the
same options you do.

The HSA + CHI plan solves all problems being discussed with respect to
our health care issues but one. That is universal coverage.
Universal coverage is addressed by the government allowing your HSA to
be overdrawn. The government would then make the payments. Your HSA
remains in the red, but you continue to get medical care and continue
to contribute to your HSA. Eventually, you'll be well and your
contributions will change the negative balance to a positive balance.
The concept of a negative balance covers all people just starting out in
life, those who are chronically poor and those who lose their jobs
during difficult economic times. The government supplies money only when
needed and that's all it supplies.

  [There are some details not mentioned here but
   the entire plan is workable.]

HSA money can only be spent on medical needs for the indvidual. Various
means must be put in place to avoid fraud, but fraud should be lessened
because you would be robbing from yourself.

During periods of unemployment, your HSA would be used to pay the
CHI premiums. Finally, HSA's are transferrable. You can will them to
your husband or children, thereby increasing their long term ability to
meet medical challenges without government assistance.

An HSA + CHI bill could be written in less than 100 pages, is very
likely to survive consitutional challenges, can be brought to life in a
manner of months, drives medical costs down, and gives the remainder of
the year to congress to address the other major cost growth
vector -- Tort reform.

Think of it, by January, 2010, we could have real universal health plan
without death panels, without a Secretary who is beyond judical review,
without an enormous health insurance agency within the US
Government, without a government insurance agency that can look into
your IRS returns at the request of the Secretary, without a Social
Security organization that look into your IRS returns by simply
requesting the information and without a government that forces people
to buy insurance or pay a fine at the point of a gun.

I offer you stress free health care, freedom of choice and immediate relief.

Your Congress offers you hope, less than universal coverage, a
significant small business tax if your employee payroll goes above
$250,000, a politically appointed Secretary that sets prices and content for
insurance, but does nothing about improving health care and lowering costs.

Take your pick.

Ask your representatives to look at this plan.
Ed Bradford

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Death Panels

Death Panels.
HR3200 dictates that after the fifth year, the Secretary sets prices and content of all insurance, government and private. Since he will have a strong desire to gather the premiums of the participants in private plans, it is obvious to most the private plans will simply be driven out of the market. The "public option" will become single payer. When that happens the committee that gathers to set policy on what will be paid and what won't could also be known as a death panel. There is no provision in HR3200 for a "death panel" per se, but that policy setting committee (a responsiblity specifically assigned to the Secretary in HR3200 and probably delegated to the committee) will set prices and coverage.

An 88 year old man who has paid in to the single payer system for 60 years and contracts cancer will look to his insurance policy for coverage for chemotherapy. Will he get it? Is it likely the Secretary will think it economic to pay for chemotherapy for an 88 year old man? What if all he needs is a hip replacement? Would he get that? What if he were 98?

Somewhere in all this the Secretary will be saying "We aren't going to pay for your medical needs." The reason this is a Death Panel is because

a. If the 88 year old man doesn't get chemotherapy he dies
b. Government forced him to join government plan. If he didn't join he would suffer an 8% tax penalty.
c. Secretary says he doesn't get chemotherapy and man has no appeal. Secretary is beyond judicial review (HR3200).

It is (b) and (c) that distinguishes the Governement death panels from the private death panels. The man has a choice of what to buy from private insurance companies. Also, with private insurance if he doesn't like the decision he can appeal the the state insurance commissioner.

Compulsory end-of-life counciling isn't a death panel. The Secretary is. Think about it.

There are arguments to avoid this.

If you're poor, you die. you won't have enough money to pay for the chemo. The Secretary is a "Death Panel".

If you're middle class, you will have to do what the liberals and HR3200 purport to avoid -- bankrupt yourself to pay for chemo. Alternatively, like in Canada, you can buy supplemental insurance, thus paying for your insurance twice. This is just a tax though it doesn't look like one.

If you're rich, you'll write a check and pray the chemo is successful.

HR3200 removes for all time, any possibility the poor could get expensive care at end of life.

Finally, since the Secretary is beyond judicial review, he could decide not to give heroic treatement for cancer after a person reaches 75 years of age. There's nothing you could do about it. Then, when Ted Kennedy discovers his cancer, the Secretary can make an arbitrary exception and there's nothing you could do about it. Remember, he is beyond judical review.

HR3200 is such a bad law that if everyone read it and understood it and thought for a while about how it might be implemented and operate over the next 10 years almost everyone would vote no. High costs are one of the motivations for HR3200 but costs are not addressed to any significance. To keep costs down, the Secretary will start with price controls. Price controls always lead to shortages (e.g. Canada has 2.2 doctors/1000 people - almost the bottom of US+Europe). The bill itself will be challenged in the courts and major parts of it could be wiped out [e.g. can the Federal government force me to buy insurance and if I don't tax only me because I didn't buy insurance -- where is that in the Constitution?]

Finally, the CBO estimate of cost over 10 years is $1T. However, most of the $1T is spent in the final 6 years AND the CBO said that its estimate was only for the parts of HR3200 that were complete enought to estimate. The CBO is not famous for accurate predictions of future costs, so the $1T is unlikely to be lower, but has a good chance of being higher. Medicare will be bankrupt in 2017. HR3200 is significanly larger in scope and price than Medicare and so far, there is no plan to keep Medicare from going bankrupt. I fail to see how HR3200 will produce anything better that Bankruptcy of the entire country sooner rather than later.
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President Obama, Promises you can't keep

Promises you can't keep

Quoting from the NY Times, President Obama said:

  "Where we do disagree, let's disagree over things that are
   real, not these wild misrepresentations that bear no resemblance to
   anything that has actually been proposed,"

Dear President Obama.

I have some questions for your consideration:

1.  Are you saying there will never be a government
    council that determines which procedures will be
    paid for and which will not?

2.  Why should the country trust the Democratic
    (Republican) party to run a health care system?

3.  Will Congress submit themselves to the same "public
    option" they want to force on the public?
  
4.  Can a person who leaves a private insurance plan
    go to another?
  
5.  Is a person who leaves a private insurance plan
    forced to use the public plan or penalized?

6.  Can a congressman who is on public plan change to the
    CONGRESSIONAL plan once seated?

7.  Are you promising private insurance will be as
    good or better 10 years from now as it is today?
    If you are, what is the basis of your promise?

8.  Should Government run insurance be passed into law,
    what checks and balances are in place to prevent the
    government plan from lowering its prices to drive
    private insurance out of business?
  
9.  What checks and balances are in place to keep the
    Democratic congress and President from simply changing
    the plan 2 years from now to a single payer plan?
  
10. What checks and balances are in place to prevent
    the Secretary from making arbitrary decisions about
    for whom and where health care is best?

11. Would we see red states having worse health care
    than blue states?

12. Why should politics be injected into health
    care? ("the Secretary" is a political appointee).

13. HR3200 starts out today, before it is even passed
    micromanaging health care by specifying in detail
    medical processes (home visitation details, doctor
    consultations with patients on end-of-life issues).

    What prevents you from passing a new law, two years
    from now to have that doctor simply tell the patient
    when medical financial support ends?

14. What prevents the federal government from withholding
    funds from a state, county or city that doesn't strictly
    follow the "Secretary's" rules?

15. What limits the Secretary's power over health care?

16. Why should any American think the government can run
    an insurance plan better than a private company? Are there
    examples where government has proven more efficient
    than private enterprise?

Finally, I don't believe HR3200 can be successfully
funded. Social Security is in poor shape and will
require either increased payroll taxes, lower
benefits or raising the retirement age. Watershed year
is 2040, but with the recent recession, that date is probably
closer.  Medicare is scheduled to be insolvent in 2017. HR3200
is funded the same way as Social Security and Medicare, and
that's the pay-as-you-go scheme. Pay-as-you-go requires a
larger and larger base of people to support the increased size
of the beneficiary population.

17. Why won't HR3200 bankrupt the nation or create a tax
    burden significantly larger than today? [Hint: Identify
    CONVINCINGLY where the 2x cost comes from and how you will
    eliminate it. Hand-waving cost reductions don't answer the question.]

HR3200 is a overly complex solution to much simpler problems.
Your government has not faced that fact. They have not simply identified
the problem and gone about solving them in collaboration with
conservatives, liberals and most important of all, the public.
Your government (and mine) has kept us all in the dark and now has
on the table a bill that all have demonstrated conclusively they
do not understand.

Because none of these questions has ever been answered, you should
speak out against HR3200 as written, now. Tell Congress to go back to the
drawing boards.  BUT WAIT, here's a better idea and you can
take the credit for it.

Create a Health Care convention. Populate it with an equal number of
liberals and conservatives and charge it with producing the definitive
list of exactly what problems a Health care bill must solve. Tell them
to reject from the list any proposed solutions, just list the
problems. Give them 4 months (same as the Constitutional Convention).

Once the list is produced and published, call a second Health Care
Convention. Populate it with an equal number of liberals and
conservatives and tell them to solve the problems in the list and
DO NOT USE a government run pay-as-you-go-scheme.
Give them 4 months.

It would be difficult to have worse results than HR3200.

You can be the President of all the people or the president of
the Democratic party. The choice is yours.

Ed Bradford

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Immigration Reform is on the Way

Immigration Reform is on the Way

On Aug 10, 2009, President Obama said:

  "But ultimately, I think the American people want fairness. And we
  can create a system in which you have strong border security, and an
  orderly process for people to come in. But we're also giving an
  opportunity for those who are already in the United States to be able
  to achieve a pathway to citizenship so they don't have to live in
  the shadows."

[http://www.nytimes.com/2009/08/11/world/americas/11prexy.html?_r=1&nl=pol&emc=pola1]

President Obama is right, Americans want fairness. What they don't
understand is how breaking the law to get into the country, and then
being granted citizenship before those standing in line legally in foreign
nations is fair. Neither do I. That is why the previous immigration
bill caused so much furor.

It is up to all people who believe in the rule of law to make
this clear to the lawyer in the White House. It's one thing to know
the law and teach it. It's another thing entirely to understand the law.

Blog early and often against granting citizenship to any illegal
aliens who wish amnesty and citizenship for themselves ahead of
their fellow countryman who stand in line legally.

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Health Redistribution

RE: Rationing, Sebelius said [from mediamatters.com somewhere]:

"... and a lot of what we did in the office of the Kansas Insurance
Department was go to bat on behalf of those patients to make sure that
the benefits that they had actually paid for were, in fact, ones that
were delivered."

If the government takes over health care, who will go to bat for us when
the government says you can't have a hip replacement? Will I get a
contract when I'm 20 telling me what is covered so, after 60 years of
almost no health problems, at 80 I can get my hip replacement? If that
happens what about all the diseases and cures the develop during my 60
years of employment -- how do they fit into the contract?

Today, insurance companies tell you up front what is covered. Does the
Health bill? No. There is no mention of anything specific that is or is
not covered. No one would sign on to such an insurance plan without
knowing what is covered. In fact, I believe this "insurance plan" to be
illegal in most states.

It sounds to me like Obama believes that hip replacements are not
economical after a certain age. That would mean I could not get out of
the program what I paid into it -- or in other words, it is another
income redistribution scheme. This income redistribution scheme
redistributes more than just money -- it redistributes my health to
other people.

Health reform should focus on getting health care to those
who cannot afford it. It should not focus on having the government
become a giant insurance company with all of the overhead that would
involve.

Free clinics can address almost all health care access problems and
they would be a whole lot cheaper than $100B/yr.

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Obama's Single Payer System and an Alternative

Obamacare will become single-payer system; an Alternative.


Why would that happen. Lets take an example. The Democrats have
determined that everyone in the country should have an automobile.
Anything less that that is unfair and is a direct cause of economic
inequality. Depriving a person of a car condemns that person to a
lifetime of lower wages and a lower standard of living. For these
reasons, the US Congress passes a bill mandating that all persons should
have an automobile. The President signs the bill (CarBill) into law.

Today, there are 2 1/2 American automobile manufacturers. Of those,
one and 1/2 are owned and managed by the government. Because cars
are so expensive and in an effort to carry out the CarBill, President
Obama lowers the prices of some of the cars in his one and 1/2
car companies, Chrysler, and General Moters company. This
forces Ford to lower the prices also, but if Ford lowers prices, it will
lose money. Ford must compete with 1 1/2 companies that do not have
to make a profit and don't [e.g. Amtrak, USPS].

To further drive prices down, the President increases
taxes on larger cars -- those that GM and Chrysler no longer make.
He does this with a direct excise tax on big cars and by increasing the
gasolene tax. The problem is people are still buying the big cars
and the number of people without cars remains stubornly large.
By increasing the prices of big cars, GM and Chrysler can drive
customers to their brands where Ford cannot compete.
In a very short time, Ford declares bankrupcy and the government
takes over Ford also. Thus, the US Government has entirely
consumed the three American Automobile manufacturers. Eventually
everyone gets a car and the government owns the former
America automobile companies.

This is similar to what will happen with a public option in the health
care bill. By not having to make a profit, the government basically
causes all its "competitors" to lower prices until they go out of
business, When they do, the government swoops in and scoops up the
abandoned now uninsured people into the government program. Without
much further ado, the public option plus private insurance options of
today become single payer system of tomorrow. In fact, that
has been President Obamas plan from the beginning, when
he blessed single payer as the goal:

  "'If you're starting from scratch,' he [Obama] says, 'then a
  single-payer system'-a government-managed system like Canada's, which
  disconnects health insurance from employment-'would probably make
  sense. But we've got all these legacy systems in place, and managing
  the transition, as well as adjusting the culture to a different
  system, would be difficult to pull off. So we may need a system that's
  not so disruptive that people feel like suddenly what they've known
  for most of their lives is thrown by the wayside.'"

It's the difficulty of the transition and the cultural shock that
prevents him from going directly for single payer.

Why is "single payer" bad? Social security is single payer and a
singularly bad investment most of the country has been forced to join.
A good earner will achieve a 1% return on investment and loses it all
if he dies. The average black man makes a negative interest on his
investment -- he is unlikely to collect even the money he contributed.

A monkey could have made better use of the money that the Social
Security plan. Is there any doubt that the same political winds that
swept Social Security into a pay-as-you-go system that requires an ever
increasing payroll tax to fund will overtake Obamacare?
As the program matures, the maximum age for hip replacements
will steadily decrease. Will our government eventually have to outlaw
private medicine because rich 75 year old people can get hip
replacements but poor ones cannot?

Government in Health care is the most depressing thought for America I
can imagine.

ALTERNATIVES


Rather than have the government create this tarbaby, why not fix real
problems. Here's a couple simple laws that should pass in a heart beat
(but won't due to partisan politics):

1. Tort Reform [To Trial Lawyers Assoc. - If Health care is
       nationalized, and doctors are paid by the government, why
       would the government let you sue a doctor? Think about it.]

2. These are rules for all health insurance companies:

     a. You must offer health catastrophe insurance
     b. You must offer planned health care account [annual checkups,pregnancy,childbirth]
     c. No one can be refused.
     d. Entire account is transferrable to another company
     e. Accounts should be able to survive 12 months with no contributions
        and remain active.
     f. Contributions to planned and catastrophic plans are not taxed.
     g. All insurance companies have 2 years to comply.

     There is an issue here of whether or not the US Constitution
     supports such a law. I believe it does. However, if this
     particular law can be written and agreed to by 90% of the US
     congress, then if there are doubts about its constitutionality,
     some minor but precise rewording of it could be converted into an
     amendment to the constitution. Full bipartisan support would assure
     passage of the amendment. However, I do not belive we want to
     California-ize the US Consitituion [California's constitution
     has 340 pages]; avoiding an amendment is much
     preferred.

The above two deal with a lot of "problems" with the current health
system. Another problem is poor people simply can't get reasonable
health. Here are two alternatives for fixing that:

3. Open free clinics and hospitals - This would have to be cheaper than
   $100B/yr and would bring health care to people directly, simply and
   immediately.

4. Invent "health stamps". These are like food stamps. However unlike
   food stamps they cannot be converted to cash. George Wallace gets
   a health stamp that only George Wallace may use. Health stamps are
   legal tender at all hospitals and clinics.

There are a number of complexities with many other Health care issues
that are not addressed here. However, these suggestions would make a
serious dent in the stated problems of the American Health care system.

Government should coerce the private companies to do better.
These suggestions are only a partial solution that would
make an excellent, cheap and instantanious start now.


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Time is Money (Wasted)

Time is money (wasted)

The infamous Stimulus bill is scheduled to spend money over a three
year period. The result, we can see, is that the job creation rate is
less than desireable. The Stimulus bill is based on a questionable
theory that government spending of $1.00 creates $1.60 of value
in the economy. The analyses I have read on that number do not
realistically integrate the time delays associated with a huge
government bureaucracy discussing how to spend the money, once the
theory of government spending has been embraced. They also do not
address the concept of scatter -- the government requires $2 to spend
$1 on a useful stimulating project. The other $1.00 goes to
pork projects, federal and state government administration and the
unspent remainder. (While the 2 to 1 ratio is a guess, the ratio is
real and non-zero. One needs only add up the spending projects
in the Stimulus and Omnibus spending bills to get a general idea
of this ratio.)

One of the differences between Government spending versus tax cuts
is time. Money allocated to government spending is subject
to time delays that tax cuts do not suffer. Decisions about when the
money is available, which projects to fund, how to get the money
to the states, how the states will allocate the money and when the
actual projects start mean that a stimulus bill today will result in
some spending spread out over years and little money getting into
the economy quickly. While this delay happens, the economy can change
significantly. The target of the bill is a moving target.

For all government based spending programs, consideration must be
included for "discussion". Discussion means writing a bill and
submitting it to the House of Representatives, sending the bill to
committees, adding pet projects, rewriting pet projects'
in subcommittees and passage of the bill in the committees and
the House. Next the Senate gets involved and sends the bill to committees,
adds its pet projects changing the bill from the House version, avoiding
filabuster by adding more pet projects to keep the opposition from
filabustering and finally passing the Senate version of the bill. Then a
resolution must be derived by House and Senate joint committee to iron
out the differences, possibly producting a new bill. The bill
must then be signed by the President. "Discussion" takes time
and creates the scatter mentioned above -- multiplying the cost
of the stimulus and delaying its effect.

The most recent version of this game took more than a month and
resulted in a bill that no one read. It was signed into law and
now the Federal government will try to spend $800B over three years
ostensibly for creating jobs but in reality, just spending money,
sometimes creating jobs. In addition, many or even most of the
jobs created will disappear before the bill expires.

To date, the success of government spending technique for
stimulating the economy is difficult to defend.


Contrast this with a tax cut. There are two kinds of tax cut. The first
is for individuals and the second is for businesses. Consider the first.
The time required for passage and the complexity of a tax cut bill is an
order of magnitude simpler than a government spending bill. The Spending
bill can be full of favoritism, prejudices and paybacks that
a simple tax cut cannot suffer.

As soon as the tax cut is effective money flows into the hands of
people who will either spend it, save it, or pay off bills.
The money is freed continuously and synchronously
with the effective date of the tax cut and continues to be freed.
If people spend it, the result can be a 3 year acceleration of
economy stimulus versus money scheduled to be spent by the federal
government 3 years from now to address a problem that could well have
disappeared by that time.

If the money is saved, banks holding those
funds will lend it creating investment in new private development.
Bank investments also stimulate. Stimulation investments from bank deposits
are slower than direct spending by individuals but they last longer than
government stimulus because they can be used
for capital investments that result in products which go to market.
Government funds can only be spent on
projects - which translates to wages which may result in capitial
assets (road, bridges,etc) but yield no products.
Private investment is targeted at making a profit which employs people
long term. Public investment is targeted at infrastructure which
produces no products or long term employment. One grows the economy, one does not.

Finally, for those consumers who pay off bills, they will eventually
spend more money either when their bills are sufficiently low or
when the are dept free. In both the savings case and the bill
paying case, the consumers and economy receive a permanent benefit.

For a business tax cut, businesses will make more money and have a
higher probability of reinvesting their money -- now that they have some.
Reinvestment means growth which is what a stimulus should stimulate.

Tax cuts are government spending also. They just spend the money more
efficiently than handing money over to a federal government, who then
must write legislation to spend it. The legislation is subject to
political maneuvering and dilution of purpose. After the bill is
passed and becomes law, it then goes through the same political
process in each state and each level of government, each also requiring a
percentage cut to pay for the administration of the money.

The time associated with the government spending approach is money.
It is money lost because while the economy is changing, the government
is arguing over who gets how much money and where it should be spent and
when it will be spent. While the economy is changing, the money
is being doled out in small increments not addressing today's problems,
but what the politicians thought the problems would be 3 years ago.

Because of Scatter and time delays, I can conceive of no convincing
argument that a government spending program can accomplish anything
useful. Here is an argument, but it is fantastic.

  The Federal Government will start next week to spend
  money on all building projects that have real assets
  as a result. The money will be given directly to
  contractors [bypassing state and local governments entirely]
  who will be on a performance contract basis
  of complete or not be paid in full. All money for the
  project will be put in escrow (so the federal government
  cannot renege). Either the company completes or abandons and
  someone else completes and collects. (Reasonable details
  to be worked out.)

No such statement could credibly come out of our federal government,
but only such a statement could reasonably convince me that
government spending is a useful solution to our economic problems.

When you have a government that is as large as our federal government,
to expect much more that bureaucratic solutions that always bog down is
to believe in miracles. The current theory of government spending to
stimulate the economy is simply sophomoric. Consider the examples of today
and the 1930's to convince yourself that when the spending dies,
unemployment rises. Government spending, per se, does not stimulate
the economy; tax cuts do.

Ed Bradford
Pflugerville,TX
egbegb2 AT gmail DOT com



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Fed deprecates state and local building codes.

From HR 2998

[http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.2998:]

comes:

--------------------------
        ...P318
   (f) FEDERAL ENFORCEMENT AND TRAINING.ÎíÎñ
13 Where a State fails and local governments in that State
14 also fail to enforce the applicable State or national energy
15 efficiency building codes, the Secretary shall enforce such
16 codes, as follows:
17 Î÷ÎõÎ÷Îõ(1) The Secretary shall establish, by rule,
18 within 2 years after the date of enactment of the
19 American Clean Energy and Security Act of 2009,
20 an energy efficiency building code enforcement capability.
22 (2) Such enforcement capability shall be de-
23 signed to achieve 90 percent compliance with such
24 code in any State within 1 year after the date of the

          p319
1 Secretary's determination that such State is out of
2 compliance with this section.
3 (3) The Secretary may set and collect reason
4 able inspection fees to cover the costs of inspections
5 required for such enforcement. Revenue from fees
6 collected shall be available to the Secretary to carry
7 out the requirements of this section upon appropria-
8 tion.
9 (4) In any jurisdiction to which this subsection
10 applies, the Secretary shall coordinate enforcement
11 of the national energy efficiency building code with
12 State and local code enforcement of other building
13 codes.
14 (5) In any jurisdiction to which this subsection
15 applies, the Secretary shall enhance compliance by
16 conducting training and education of builders and
17 other professionals in the jurisdiction concerning the
18 national energy efficiency building code.
19 (6) The Secretary shall coordinate with profes-
20 sional organizations representing code officials, ar-
21 chitects, engineers, builders, and other experts to de-
22 velop training curricula concerning the national en-
23 ergy efficiency building code.

1 (7) If the Secretary enforces such codes under
2 this subsection, the Secretary may, as appropriate,
3 redefine violations of such codes.
--------------------------

If this doesn't scare a lot of people then those calm "intellectuals"
must want a federal government in exclusion to any other, local,
city or state.  The concept of the "Administrator" taking over
building codes for an entire state and inspecing a house at the
point of a gun [here's the fee; pay it or go to jail] is so beyond
the pale that I don't belive I am reading this in a bill that passed
in the House of Representatives.

Please, Americans, all of you write to your Senators and and tell them
forcfully to veto this bill.  There are more morsels in this bill that
are almost as unpalatable.


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Fed deprecates state and local building codes.

From HR 2998

[http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.2998:]

comes:

--------------------------
        ...P318
   (f) FEDERAL ENFORCEMENT AND TRAINING.ÎíÎñ
13 Where a State fails and local governments in that State
14 also fail to enforce the applicable State or national energy
15 efficiency building codes, the Secretary shall enforce such
16 codes, as follows:
17 Î÷ÎõÎ÷Îõ(1) The Secretary shall establish, by rule,
18 within 2 years after the date of enactment of the
19 American Clean Energy and Security Act of 2009,
20 an energy efficiency building code enforcement capability.
22 (2) Such enforcement capability shall be de-
23 signed to achieve 90 percent compliance with such
24 code in any State within 1 year after the date of the

          p319
1 Secretary's determination that such State is out of
2 compliance with this section.
3 (3) The Secretary may set and collect reason
4 able inspection fees to cover the costs of inspections
5 required for such enforcement. Revenue from fees
6 collected shall be available to the Secretary to carry
7 out the requirements of this section upon appropria-
8 tion.
9 (4) In any jurisdiction to which this subsection
10 applies, the Secretary shall coordinate enforcement
11 of the national energy efficiency building code with
12 State and local code enforcement of other building
13 codes.
14 (5) In any jurisdiction to which this subsection
15 applies, the Secretary shall enhance compliance by
16 conducting training and education of builders and
17 other professionals in the jurisdiction concerning the
18 national energy efficiency building code.
19 (6) The Secretary shall coordinate with profes-
20 sional organizations representing code officials, ar-
21 chitects, engineers, builders, and other experts to de-
22 velop training curricula concerning the national en-
23 ergy efficiency building code.

1 (7) If the Secretary enforces such codes under
2 this subsection, the Secretary may, as appropriate,
3 redefine violations of such codes.
--------------------------

If this doesn't scare a lot of people then those calm "intellectuals"
must want a federal government in exclusion to any other, local,
city or state.  The concept of the "Administrator" taking over
building codes for an entire state and inspecing a house at the
point of a gun [here's the fee; pay it or go to jail] is so beyond
the pale that I don't belive I am reading this in a bill that passed
in the House of Representatives.

Please, Americans, all of you write to your Senators and and tell them
forcfully to veto this bill.  There are more morsels in this bill that
are almost as unpalatable.


Email ItEmail It | Print ItPrint It | CommentsComments (0) | TrackbacksTrackbacks (0) | Flag as offensiveFlag as Offensive

Fed deprecates state and local building codes.

From HR 2998

[http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.2998:]

comes:

--------------------------
        ...P318
   (f) FEDERAL ENFORCEMENT AND TRAINING.ÎíÎñ
13 Where a State fails and local governments in that State
14 also fail to enforce the applicable State or national energy
15 efficiency building codes, the Secretary shall enforce such
16 codes, as follows:
17 Î÷ÎõÎ÷Îõ(1) The Secretary shall establish, by rule,
18 within 2 years after the date of enactment of the
19 American Clean Energy and Security Act of 2009,
20 an energy efficiency building code enforcement capability.
22 (2) Such enforcement capability shall be de-
23 signed to achieve 90 percent compliance with such
24 code in any State within 1 year after the date of the

          p319
1 Secretary's determination that such State is out of
2 compliance with this section.
3 (3) The Secretary may set and collect reason
4 able inspection fees to cover the costs of inspections
5 required for such enforcement. Revenue from fees
6 collected shall be available to the Secretary to carry
7 out the requirements of this section upon appropria-
8 tion.
9 (4) In any jurisdiction to which this subsection
10 applies, the Secretary shall coordinate enforcement
11 of the national energy efficiency building code with
12 State and local code enforcement of other building
13 codes.
14 (5) In any jurisdiction to which this subsection
15 applies, the Secretary shall enhance compliance by
16 conducting training and education of builders and
17 other professionals in the jurisdiction concerning the
18 national energy efficiency building code.
19 (6) The Secretary shall coordinate with profes-
20 sional organizations representing code officials, ar-
21 chitects, engineers, builders, and other experts to de-
22 velop training curricula concerning the national en-
23 ergy efficiency building code.

1 (7) If the Secretary enforces such codes under
2 this subsection, the Secretary may, as appropriate,
3 redefine violations of such codes.
--------------------------

If this doesn't scare a lot of people then those calm "intellectuals"
must want a federal government in exclusion to any other, local,
city or state.  The concept of the "Administrator" taking over
building codes for an entire state and inspecing a house at the
point of a gun [here's the fee; pay it or go to jail] is so beyond
the pale that I don't belive I am reading this in a bill that passed
in the House of Representatives.

Please, Americans, all of you write to your Senators and and tell them
forcfully to veto this bill.  There are more morsels in this bill that
are almost as unpalatable.


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Planks

What appears here is a list of platform planks for any individuals or
parties that want to join the effort to take back our government.
The Republican party is confused and elitist. They don't talk to
ordinary people. They also have been confused for the past N years about
what big government is and why it is evil.

My purpose here is to start a list of planks for candidates for office
for the 2010 and the 2012 elections. My writing style is far from
perfect, so improvements are welcome. I further think there might be
more planks. What have I missed? If this list becomes interesting to a number
of people we should try to rank order it possibly by allowing members to
vote on which ones are most important. The 2010 election is far enough
off to allow us to vote more than once. After some number of votes have
been tallied and the issues ranked, we can simply erase the votes
and start over. The reason to do that would be late entries
ointo the list and late arrivals of people into this network.

My list assumes the worse for the first two years of Obamanation. If,
for instance, Cap and Trade is not passed, then #1 below can be removed
[or parked lest cap and trade be resuscitated in the 2011-2012 session].

I have also avoided all constitutional changes. That effort should
proceed with all due haste elsewhere. It might be a lot slower.

Please comment on this. I think the issues addressed below are extremely
important to our nation. I am already tired of a President who
represents 53% of the country and will not speak to the other 47%.

He works for me despite the fact that I voted against him.

1. Repeal Cap and Trade. All credits are devalued instantly at zero.
    Warning, do not buy these credits as it is likey they will become
    worthless all of a sudden.

2. Compensate Indiana Trust fund participants for the Obama theft.
   Reinstate bankruptcy law. Admit in public that the United States
   Government made a mistake.

3. Repeal Card check. Employees will be given the right to demand
   a secret ballot. A secret ballot can be authorized to form a union
   or dissolve a union. Mandatory arbitration will be eliminated permanantly
   and with prejudice. Government involvement with unions will cease.

3a. Unions will no longer be allowed to contribute to campaign funds.
    Corporations will no longer be allowed to contribute to campaign
    funds. All contributions will be attributable to a human being
    resident of the United States. There will be a limit on the amount
    of the contribution a single human being can make.

4. Health care will be privatized and universal. Health care programs
   will focus on the individual needs and how individuals can optimize
   their choices. If there is a public health care insurance plan in
   place, it will be privatized. Health care efforts by the government
   will focus on increasing supply to drive costs down. Increased
   numbers of MRI machines, medical schools, hospitals  and doctors
   will be the goal.

5. Sell all unprofitable assets to the highest bidders. Our government
   will quickly exit what was private enterprise.
   Amtrak, GM, Chrysler, will go. If they cannot be sold, they will be
   liquidated.

6. There will be no Czars.

7. Repeal the 16-th Amendment (income tax) and install a fair tax --
   thus eliminating income tax returns and most of the IRS. Government
   revenues do not change.

8. Repeal any removal of foreign tax credits.

9. Move the Department of Education into the downtown of cities whose
   schools are below the national average. Remove it from the capitol
   buildings. DOE will be responsible for making excellent
   schools from the Washington, DC school system or the DOE will cease
   to exist. It will be give 3 years so the 4-th year of the president term
   can be used to dissolve or bless it. If DC schools are not above the
   national average after 3 years DOE dies.

10. Global warming will be ignored until panels (juries) of average citizens
    can convict GHG's (Greenhouse Gases) of warming the climate. To convict, the scientists
    must convince a jury that they have a climate model, that it is
    accurate, that other climate models are also accurate and they all
    predict the same thing. Further, they must convince a jury that the
    climate is warming and has been warming since the start of the
    Industrial age. The onus will be on the scientists and
    global warming religious zealots to convict human behavior rather
    than presume the human behavior is the cause.

11. All tax increase bills will be single purpose bills. Nothing but
    tax rates will be allowed. No omnibus spending bills will be signed.
    Congress can halt the government but they will be publicly and
    repeatedly warned about no omnibus bills.

12. Most "pork" will be eliminated through exhaustion. Any pork that
      remains must be passed in individual bills forcing Senators and
      Representatives to have their votes recorded for each item.

13. Senators and Congresspersons will be limited to 12 years in office
    in the Congress. A person can spend 6 years as a Representative and
    6 years as a Senator, but only 12 years total in Congress. This would
    be a constitutional amendment, something I said I wouldn't be doing.
    This one is important, and I break the rule.

14. Companies that hire and keep illegal aliens will probably go
    bankrupt. Such companies will be prosecuted to the full extent
    of the law. All illegal aliens found by any means will be
    given a hearing and if found not legally in this country will
    be deported.

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Alaska is being robbed. Do something about it

Governor Sarah Palin writes an op-ed on refusing Federal funds
here:

  http://www.adn.com/opinion/compass/story/813086.html

As a strong Constitutionalist and a believer in government
is best that governs the least, I support Governor Palin in
her statements and reasoning.

In fact, I am wondering if more can be done. For instance, what
happens to a state that "certifies" that it will do something,
accepts the money, and then, for one reason or another cannot
fulfill the "certification" promise? Has this ever happened?

By refusing federal funds, Alaska is funding federal government
efforts to increase control in all other states. Alaska is not
getting money back from the federal government which it contributed.

Should more than one state, accept the federal money, promising whatever
is required, and then going merrily along using the money for whatever
purpose the state needs, I suspect a message might come into view.

The same constitution that supports the government making
micromanagement demands on states also supports a state's right
to refuse to actually carry out the demands.

This is is the 9-th in a series of "take back our government" steps
that can be carried out by our citizens and our state legislators.
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Chrysler's Refinance Act for Pensions

As payback for the millions of dollars given in the presidential
campaign, President Obama has awarded the UAW 55% ownership in Chrysler
corporation at the expense of the "secured shareholders". The best that
can happen out of this is the following:

  The secured creditors go quietly into the night and the new, smaller
  Chrysler corporation begins to be profitable.

The worst that can happen is

  The secured creditors go to court declaring they have been deprived of
  property by the government without just compensation and win AND
  Chrysler corporation goes completely out of business because no
  one wants their cars.

Should the second option happen, what happens to the Chrysler pensions
that were rewarded the 55% ownership in Chrysler? Will the US taxpayers
have to bailout the pension? When that happens, [and it will, I predict]
what will the story be from the government? How will President Obama
explain his management of this sitution?

The Teleprompter says:


  "I put $12 billion into Chrysler in hopes of bailing out Chrysler."

  "I forced the secured creditors to accept 29 cents on the dollar and
   gave the resulting equity to the union and the US Government."

  "I allowed Fiat to buy into Chrysler."

  "I forced Chrysler to reduce its marketing budget because I thought it
   was too large."

  "I gave owership to the Union because they gave me so much money in my
   Presidential campaign."

  "Now, I'm asking for help to refinance the Chrysler union pensions.
   As you can see, my management of the Chrysler automobile company has
   brought about results that aren't all that was hoped for and the
   pension fund is almost bankrupt. This is an emergency and if we
   don't pass the Chrysler Refinance Act for Pensions (CRAP) right
   away, retirees will be cut off from their retrement funds.  By
   injecting $20 billion dollars into this fund, I hope to stablize
   it for the future. Once we do this we hope to not have any
   further problems with the Chrysler pension fund."

   "Please pass this bill quickly so retirees won't go hungry."

   Respectfully filled with Hope,

    President Obama
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Chrysler's Secured Creditors Must Challenge all the way.

  I support the owners of Chrysler bonds who are objecting to the
  settlement.

  See:
  http://www.nakedcapitalism.com/2009/05/guest-post-not-so-fast-indiana-state.html

  Indiana School Teachers Retirement fund, Indiana State Police pension
  fund and others are objecting to the Settlement. Their secured bonds
  which are considered debt should be paid before any other debt in
  bankruptcy proceedings. That is the way bankruptcy has been operated for
  the past 220 years. Now, the Obama administration has deemed the
  US government and auto workers union more important that the teachers
  union and the state police retirement fund by giving the auto union
  55% ownership in the new Chrysler and giving "secured creditors" only
  29 cents on the dollar for their "secured debt". The Indiana funds are
  going to court and they should.

  They should take the case all the way to the SCOTUS. If the government
  wants to steal 70 cents of each secured dollar of investment and give it to someone
  else, then the government should replace each 70 cents it steals by the terms of the
  5-th amendment:

       "nor shall private property be taken for public use, without just compensation."

  That would be the US government taking 70 cents of each dollar
  a fund holds and giving it to itself and the UAW.

  THIS IS BAD GOVERNMENT.

  If the Supreme Court blesses this deal, I will be shocked.
  I will be disappointed if the case is not pursued until the Indiana funds win.
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Death by a thousand cuts

2009-05-19
Ed Bradford

Death by a thousand cuts.

Our federal government has gotten out of control. Many people are
worried it has gone beyond the pale. I am one of those people. I believe
our government should work within the words and meaning of the
constitution. If the majority of Americans want this country to
be a socialist state, then that should be reflected in laws and
amendments, not in making the most of a crisis or legislation from the
judicial bench.

I cannot understand any kind of logical thinking whereby many of todays
social policy laws can be derived from the Constitution. I have watched
the debate and have accumulated an incomplete but useful list of
activities citizens might do to begin the process of throttling the
federal government and bringing it back to be subject to the people's
will rather than the reverse.

Here is my list:


1. Amendment to Constitution to limit Congress to the the "17 specific
    powers that are delegated to it in the Constitution"
    [http://www.glennbeck.com/content/articles/article/198/25372/?ck=1]
    This would be difficult in the current climate because all the
    Democrats want bigger government managing more aspects of everyone's
    lives. (Suggested by Judge Andrew Napolitano, I think, if I read his
    article correctly.)

    [unlikely; nevertheless, a continuing effort should be applied.]

2. Abolish Income Tax for a Fair Tax or Flat Tax
    This would vastly simplify the tax structure and remove many quid
    pro quo opportunities for our legislators. It would also eliminate a
    fair number of IRS employees and shrink the size of government.

    [unlikely, but should be strongly pursued. Ron Paul, and Neil Bortz
     are strong supporters.]

3. Term Limits on Senators and Representatives. One of the major
   problems with our government is the entrenched interests held by
   people who have been elected to office for 20 and more years. Does
   anyone find it curious that the longer you serve in office the
   richer you become or the more powerful you become? I don't think our
   founding fathers had this in mind. Term Limits (2 for Senators, 4 for
   Representatives) would put people in Washington DC who are more
   interested in legislating than gaining power.

   [unlikely. Its like having the chickens vote on dinner time. The
    earlier, the worse it is.]


4. An IYF state law (In Your Face) like the Gun law recently passed
   in Montana. I understand the Montana law is not strong enough
   to survive appeal. A better one would have a state write a law
   that is specifically contradictory of a federal law that has no
   constitutional basis for existence. (3.2 gallons per toilet flush
   requirement might be the right law and a local community could pass
   this one.)

   [likely!! This could be done at the state or local level. It requires
    some dedicated legal assistence and persistence. Montana has started
    with their recent in-state gun laws.]

5. Many states should pass strong affirmations of the 10-th Amendment.
   While I don' think anything specific will come out of that, 20 or
   more states passing such a law will send an unmistakeable message to
   the Federal Government and be a strong support system for electing
   like minded people.

   [likely, but I don't believe it will have much effect. Legal opinion
    might be different, though. I heartily support this effort; it is
    not costly and sends a message.]

6. Start a general revolt in state legislatures. Pass laws that say if
   the state government cannot derive a federal statute from the US
   Constitution, the state will not enforce the law. Leave those laws to the
   federal government to enforce -- sort of like the Sanctuary cities,
   but with logic behind it. Sancutary cities refuse to enforce federal
   laws because they don't like them. States should refuse to enforce a
   federal law if the law cannot be understood to be derived from the
   Constitution. [Suggested on Glenn Beck on May 15, 2009 or
   thereabouts].

   This is what Andrew Jackson did with the Supreme Court. While I don't
   agree with the subject matter in Jackson's dispute, the technique
   looks pretty good.

   [Interesting and confrontational right at the start. It would take
    a brave state legislature and governor. The only states I know with
    that kind of kohonahs are Texas and Oklahoma.]

----------

My recommendation would be to do as many of the 6 plans as possible.
Start a planning Web page with sign ups for communities and states. Montana
is the leader and has already started. Utah and Texas are considering
actions. What about counties and cities? They too can participate.
If the list starts growing, there will be serious concern in Washington,
DC. To address this concern, bills for a Fair Tax and Term Limits should
be prepared and in hand for the right opportunity to submit. The same is
true for the Amendment to the constitution suggested in #1 above.

  Death by 1000 cuts to the Federal Bureaucracy and power monopoly.

States and local legislators should look into #4 above. That is an
efficient way to challenge Administrative Rules that cannot be justified
by the constitution.

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