How to Defeat Democracy

2/3 Requirement Makes a Mockery of Majority Rules

The words of Thomas Jefferson: “The only way a republican government can function, and the only way a people’s voice can be expressed to affect a practicable control of government, is through a process in which decisions are made by the majority. This is not a perfect way of controlling government, but the alternatives–decisions made by a minority, or by one person–are even worse and are the source of great evil. To be just, majority decisions must be in the best interest of all the people, not just one faction.”

Despite repeated similar statements by Jefferson and other great American leaders we have continuing efforts to abridge the process by asking voters and assemblies to approve laws that require 67% or two thirds (2/3) vote to pass laws.  Proposition 16 on the June 2010 California ballot is another example of that kind of law.  Californians has voted that restriction into law repeatedly. The result is that one third of the population (or assembly) determines if the state will pass a budget or if a school district can sell bonds.  Or in other words the 2/3 vote Pacific Gas and Electric is proposing means that if  the Proposition is passed that it will then take a 2/3 majority to enable any municipality to create a publicly owned utility.

The U.S. Senate requirement of 60% to pass laws is equally abhorrent.

Wall Street Reform Now!

The banks love fine print and loopholes. We need to make sure the loopholes are closed and taxpayers, investors and consumer are protected by Wall Street reform. The Senate is preparing to vote on oversight of the banks and Wall Street. I just sent my Senators a quick, strong message and I hope you will to. Just go to www.DefendYourDollars.org.

This is the letter that Defend Your Dollar suggests you send to your U.S. Senators.

End “too big to fail”: In 1995, the assets of the six largest banks were equivalent to 17 percent of the US economy (GDP); now they amount to 63 percent of GDP. No wonder the mega-banks can shakedown the taxpayer with threats of economic collapse! The Brown/Kaufman amendment would finally limit the size of the biggest financial institutions so we never again have to worry that if one of them fails it will bring down the economy. Vote YES for Brown/Kaufman.
 
No loopholes for auto loans: Auto dealers who make car loans should be held to the same standards of fairness and transparency as banks. When I buy a car and the dealer helps me get a loan, I should get exactly the loan I bargained for, with no unexpected “extras” or surprise conditions.
 
 Strongly protect consumers: An independent pro-consumer watchdog must be created so when new problems with deceptive financial products are spotted, they can act quickly to stop them. Vote YES for the strongest, most independent consumer watchdog you can.
 
End “keep the fee, pass the risk”: Making bad loans was good for brokers, lenders, and Wall Street because everyone got a fee on the deal while passing the risk of nonpayment on to the next person in the chain. The Senate bill requires that every entity that securitizes loans keep a material portion of the risk. That means everyone will think twice before making a bad loan–and taxpayers won’t be cleaning up the mess.
 
If it’s not a bank, it can still tank the economy: Some of the biggest firms that threatened our economy were not banks, but other kinds of financial companies held to lower standards. This bill allows a panel of bankruptcy judges to appoint the FDIC as the receiver of important non-bank financial companies or bank holding companies when they are at risk of failing.  The FDIC can fire management, and creditors and shareholders of the failed company will bear the losses not taxpayers. 
 
End the hidden gambling: Require hedge funds to register and to disclose their trading activities, bring sunshine and oversight to the largely secretive derivatives market, and stop banks from gambling on derivatives.
 
Let states protect us: States should have the right to do more than what the Federal government says to protect residents from emerging financial schemes.

The Tea Party Just Wants To Save Money!

If H1N1 had become a pandemic and there was no vaccine would you understand that the government was just trying to save money?  Aid for an earthquake in California or a Hurricane like Katrina, sorry we need to save money!  Besides it’s none of our business says Uncle Sam.

Tea Party groups have two major arguments with the Federal government.  First, the Federal debt is so high that it will leave a burden for generations to come.  Many say that our grandchildren will be faced with the problem.  Second, the Federal government is intruding in our lives at an unacceptable level.  Government is trying to control our lives.  The control that government is trying to impose is far beyond what the Constitution allows.  I am not clear which is of greater concern.  While I agree with the concern, I am not convinced that most people understand the consequence of a reduced role for government.

I decided to list some of the many projects and departments that have been adopted by the Federal government.  Which ones would we really be willing to forego?

-The Interstate highway system was built with a combination of money from the Federal government and individual state governments.  Funds continue to be made available to maintain and upgrade that system.  The highways are not only for private passenger cars but are used by the trucking industry.  Here in Los Angeles the Long Beach Freeway is a primary route for moving goods from the ports to distribution centers.  Los Angeles/Long Beach ports are the largest in the nation.

-Social Security, Medicare, and Medicaid are the three most expensive and most used Federal programs.  I have not met a single person who is willing to surrender their benefits including the wealthy and the Republicans who bad mouth those programs.

-The Food and Drug Administration is a popular target of those wanting more attention to detail.  FDA officials were roundly criticized for not enforcing health standards at the Peanut Corporation of America in Georgia.  The slaughter of sick cattle and the occurrence of salmonella poisoning has brought complaints about the FDA’s lack of enforcement.  When drugs are not approved in a timely manner we attack the FDA but if a drug was approved that has caused death or injury we say that it’s the fault of FDA procedures.

-The Securities and Exchange Commission (SEC) is the much maligned department that we want to ensure that the financial industry is not cheating investors.  It’s done a poor job but what if there was no agency? There wasn’t one before 1934.  The main reason for the creation of the SEC was to regulate the stock market and prevent corporate abuses relating to the offering and sale of securities and corporate reporting.           

-The FAA (Federal Aviation Agency) is respected around the world.

– The National Highway Traffic Safety Administration (NHTSA) just fined Toyota $16 million.  The agency appears to be under manned.

 – U.S. Immigration and Customs Enforcement (ICE) is the largest investigative agency in the U.S. Department of Homeland Security (DHS).

– The FBI recently arrested Najibullah Zazi, 24, a Colorado airport shuttle driver who has admitted receiving weapons training from al-Qaida, played a direct role in an alleged terror plot, according to court documents released Sunday. Authorities have said they don’t know the timing or location of any planned attack.

So which agencies are you willing to close to save money?

Southerners Have the Right to Self Determination

The province of Quebec Canada was a French colony until September 1760.  In a war with France, the British took control and made the colony part of Canada.  The French speaking citizens never gave up their French connection and to this day the primary language spoken in that province is French.  There were two attempts in the latter part of the 20th century to vote for separation of Quebec.  Both elections were close but the province did decide to remain part of Canada.

Now we have the governor of Virginia declaring “Confederate History Month.”  Sons of Confederate Veterans has a web site calling the Civil War the “Second American Revolution.” The flag of the State of Georgia from 1956 to 2001 incorporated the Confederate flag.  The South Carolina State House in Columbia displays three flags in the following order from top to bottom: The Flag of the United States of America, The South Carolina State Flag, and The Flag of the Confederate States of America.  The Mississippi flag currently incorporates the Confederate States of America flag.

On my trips to Alabama, Georgia, North Carolina, South Carolina, Texas, and Virginia I was invariably faced with a native of those states wanting to discuss slavery and discrimination.  These were not subjects that I introduced.  As evidenced by Virginia Governor Bob McDonnell, many Southerners have not only not forgotten the Civil War, they would like to succeed from the Union.

I believe we should let them vote for secession just as Québécois voted.  If Southerners want to separate from the United States they should be given that right of self determination.  If a majority vote to stay part of the United States they should shut up and accept the rule of American law.

You Can Avoid Execution for Murder

White supremacist gang hit man Billy Joe Johnson got what he asked for from the Orange County California jury that convicted him of first-degree murder in October 2009: a death sentence.

It wasn’t remorse for his crimes or a desire for atonement that drove him to ask for execution; it was the expectation that conditions on death row would be more comfortable than in other maximum-security prisons and that any date with the executioner would be decades away if it came at all.

Huntington Beach, California Police Department detectives are trying to identify women, girls, boys and toddlers who appear in hundreds of photos seized from a storage locker in Seattle, Washington, that was rented by convicted serial killer and Dating Game winner Rodney Alcala.  Alcala, age 66, was sentenced to death on Monday, March 30, 2010 for killing five people. 

The Los Angeles Times reports that since 1977 the actual number of executions in California prisons is 13.  What are the chances that Alcala or Johnson will be executed?  It is unlikely.  California has the nation’s largest death row population, with 685 sentenced to die by lethal injection.  Five times as many death row inmates — 71 — have died over that same period of natural causes, suicide or inside prison violence. 

The reason the death penalty has failed to reduce murder is obvious.  The State of California rarely actually does conduct executions.

The Census is an Invasion of Privacy

CBS News reports on line that Minnesota Congresswoman Michele Bachmann told the Washington Times that she and her family will not be fully filling out the 2010 census forms.

Bachmann, a Republican, said her family will only be indicating the number of people in the household, because “the Constitution doesn’t require any information beyond that.”

I must agree with the congresswoman.  Claims that the information will be confidential cannot be believed.  Illegal aliens would be foolish to fill out the census questionnaire.  I do not believe they will be looking for illegal aliens immediately but ICE could be doing that soonor or maybe not.  What illegal alien would want to take the chance that everything will be OK?

U.S. Constitution – Article 1, Section 2, Paragraph 3, “ Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct.”

There is no requirement to identify the name of each person, their race, gender, age, date of birth, household relationship, if you own or rent your home, or your telephone number (there were no telephones when the constitution was written).

The question of race is amplified even more by asking if you are of Hispanic, Latino or Spanish origin.  The sub-question asks even more information of your family background if you are part of one of the above categories.  There are no questions about any other group or national origin.  California has fairly large Chinese, Filipino, and Jewish populations.  Why not ask about those groups? 

When I applied for Social Security the interviewer not only knew that I am married but named my wife.  My monthly benefit was increased based upon that fact.  While that is good for me it also told me that the government already knows too much about me and my family.

I am not revealing any more information.  I will follow the Michele Bachmann procedure.  They get the count of people in the house but nothing else.

Repair California Now

California Gov. Arnold Schwarzenegger is living in his own world. Perhaps he thought being governor was an acting roll. After all wasn’t Ronald Reagan governor of this state? Or, maybe he thinks he can write the scripts for everyone like they do in the movies. The problem is he is not a writer. The part he has now requires more than just acting. He really is the governor of California.

His script, he wrote it, was to support President Obama on the issue of health care. Then he changed the lines to denounce the health care bill. Now he is looking to Washington for $6.9 Billion to balance the state budget. Apparently no one told him the political process. “You support me on something I want and I will support you on something you want.”

Perhaps California will get the money it needs but it going to be our congressman and senators who will get the job done. As Sherry Bebitch Jeffe has written, “Biting the Feds Hand Won’t Bring Money to California.”

What California needs is a revised constitution that will provide the means to manage our state. That is the effort being made by Repair California. It’s a grass routes group that is now ciruclating petitions for just hat purpose. Click on the link and learn how you can help.

Take California Away From the Politicians

The “Golden State” had a golden age in the late 50s and throughout the 60s.  It was made the official State Nickname in 1968.  Freeways were under construction everywhere.  The educational system was flourishing from kindergarten through university.  Industries were booming all over the state.  Los Angeles was closing in on Chicago as the largest manufacturing area in the country. The state’s population was burgeoning.

Then politics, corruption, special interests, and incompetence took control.  Added to that was Gerrymandered representation that resulted in the grid lock that has held the state in its grip ever since.  Is it no wonder that Gary Davis, past governor, was recalled.

Since Arnold Schwarzenegger became governor everything has become worse.  Even beyond the $20 billion deficit there are issues related to everything from education to water.

As things stand now the next governor will not be able to improve the way this state functions given the outmoded state constitution. The state constitution has 522 amendments and is 110 pages long.  It was adopted in 1849.  Initiatives approved by voters have tied the hands of the legislators.  As an example there is an article titled PUBLIC HOUSING PROJECT LAW, and another titled MOTOR VEHICLE FUEL SALES TAX REVENUES AND TRANSPORTATION IMPROVEMENT FUNDING.

Repair California, Sponsored by the Bay Area Council, a San Francisco area business group, is proposing two initiatives that will (1) Allows voters to place question of calling a constitutional convention on the ballot. and (2) Calls a limited convention to propose changes to state constitution.

Many newspapers throughout California have given editorial support to this effort.  The Los Angeles Times has given wholehearted support to this idea.  The idea of a constitutional convention has been covered extensively in the media since the publication of Jim Wunderman’s Opinion Editorial in the San Francisco Chronicle.

Californians have the opportunity to fix state
San Francisco Chronicle, January 3, 2010

A smart convention plan
Los Angeles Times, January 3, 2010

Anything but the best is unacceptable
Lompoc Record, December 13, 2009

Our View: Clean up mess in governance
Pasadena Star-News, December 12, 2009

This is our home.  We need to take it back from the politicians.

Law Stands Above Religion

 

I saw the interview of Bishop Thomas Tobin of Providence on Hardball.  It is accurate to say that Chris Matthews was not the deferential Catholic.  Mr. Matthews clearly disagrees with Catholic teachings.  That aside the Bishop said something that was truly disturbing to me.  He said of an elected official “His first commitment has to be to his faith. … No commitment is more important than your commitment to your faith.” He repeated that second sentence twice saying the words precisely the same.  In other words your religious beliefs takes a higher priority than faith to the laws of the country.

How does this philosophy differ from Jihadists and others holding extreme religious views?  This bishop would make an excellent witness for Khalid Shaikh Mohammed and Maj. Nidal Hasan.  I believe that the United States cannot survive as created by its founding fathers if we accept religious beliefs to hold a higher authority than the laws of our nation.  Apparently I am not alone in this view.  Chris Matthews is at least one other voice that believes law stands above belief.

War Criminals are not Civil Criminals

“We the people of the United States” are the first words of the Constitution.  The basic law of this country was not meant to be the basic law of the world.  Now strangely the Attorney General wants to bring Khalid Shaikh Mohammed who is part of a sworn enemy of this nation to New York City for a trial.  He was captured in Pakistan.  Attorney General Holder argues, along with others that support his views, is that this trial will send a message to the rest of the world that we treat everyone the same.  The argument is both flawed and erroneous.

First, the United States has never treated enemy combatants as law breakers.  No enemies from other wars have ever been put on trial as law breakers.  Those Prosecuted for war crimes have been convicted in military trials.  Nuremberg felons are the leading example.

Second, the calls for dismissal of charges against Khalid Shaikh Mohammed will be based upon the fact that he was not read his Miranda rights, was not charged with any crimes in a reasonable period of time, and was the victim of torture while held in a prison for more than five years.  I am not a lawyer and I understand these realities.  It is not hard to imagine that a lawyer will have many other reasons to move for dismissal of this case.

Third, Khalid Shaikh Mohammed has admitted guilt and under American civil law those pleading guilty are not put on trial.  There is not presentation of evidence in cases where the accused pleads guilty.  A judge issues a sentence.

For those who would argue that there is no war I ask: if there is no war why has the United States placed over 100,000 troops in Iraq and another 68,000 troops in Afghanistan?