Principle and action
posted at 11:33 am on February 18, 2010 by Doctor Zero
Tea Party Patriots rolled out twenty ideas for its Contract From America on Monday, culled from over a thousand suggestions. Their plan is to collect votes and produce a statement of ten principles, similar in structure to the Contract With America, which helped drive the Republican congressional gains of 1994.
This is an important step for the Tea Party movement to take. I don’t believe there has ever been a true grassroots movement of this size, energy, and endurance within my lifetime. It began with the arrogance of the Democrats’ performance at town hall meetings for health care reform. Even the most moderate voter doesn’t like being told he needs to shut up and accept a government takeover of his health insurance, through legislation written behind closed doors and left half-complete at best, voted into law by representatives who would never read it.
This blossomed into a more comprehensive rejection of the entire direction our government is taking, along with a mature understanding that Barack Obama didn’t so much change our course, as radically increase our velocity. The madness of a bankrupt government itching to spend even more money, and incompetent central planners unveiling even more complex and doomed designs, has produced an energetic and determined resistance. Contrary to its media caricature, it’s not an angry resistance – any Tea Party veteran can testify to the level of optimism and determination. Resistance and dissent are not the same as vandalism.
One way or the other, through renewal or systemic failure, the New Deal ends with Barack Obama. If the architects of the New Deal could have reviewed the first year of the Obama presidency, the whole misbegotten affair would have died stillborn… but history has unfolded behind us, and the challenge facing everyone, other than the socialist dead-enders, is what to do next.
It is a formidable challenge. I’m optimistic that we’ll get it done, because America has a long track record of overcoming formidable challenges. Success is not a foregone conclusion, and it will not be delivered to those who “hope” for “change.” Hope is passive. The future demands Courage and Industry, not Hope and Change. To appreciate the magnitude of the challenge ahead, consider that merely trimming our government back to bloated George Bush levels would require the most spectacular reductions in spending and regulation we’ve seen in the modern era… and we have to do much better than just limping back to Day 1 of the Obama Error.
Turning from a critique of failure to positive action for success requires a statement of principle, and a distinct plan of action. These are two different things, something the authors of the Mount Vernon Statement appear to have forgotten. It’s useful as a broad statement of principle, but we must also develop a strategy that supports our philosophy. Perhaps the Mount Vernon group is working on that – I certainly don’t want to discourage their efforts. It seems like the Tea Party is a little ahead of them when it comes to an action plan. Will the two groups compete for the allegiance of conservatives and reform-minded moderates? I hope so. We’d all benefit from watching such a competition unfold.
This is a unique moment in history. I don’t like the rancid “never waste a crisis” rhetoric of Rahm Emmanuel, because the crisis is awful, and we’d have been better off without it. Teachable moments are not a bargain when they cost thousands of jobs, and trillions of dollars stolen from our children. Nevertheless, here were are, facing the abject failure of a governing philosophy that has been more or less dominant throughout our lives.
I believe we can remain true to our ideals without “frightening independents away.” We should relish the opportunity to persuade them. They’ve seen where misdirection and arrogance lead. Offer them passion and reason instead. The ideas contemplated for the Tea Party’s Contract From America are a great start, provided we fit them into a coherent narrative about the power of individuals, the moral imperative of liberty, and the ultimate truth about caring for the poor and downtrodden: wealth is the only solution for poverty. The notion that governments can redistribute wealth stands revealed as a ridiculous lie. Poverty is the only thing that can be redistributed through the power of the State.
Of the twenty ideas under consideration by the Tea Party, some are simple reforms with immediate practical benefit, such as permitting health insurance to be sold across state lines, or exploiting our energy reserves. A few are reforms that we never should have needed, such as abolishing the “czars.” (How did we ever let it come to that?) I’ve long been a proponent of term limits, which I see as a precursor to more significant reforms… and the only inescapable limit we can place on Congressional power, since it hits them before climb into their seats, and gain the power to squirm around it.
A few of the proposals seem a little small and finicky to me, such as prohibiting the FCC from reimposing the Fairness Doctrine. I think the Fairness Doctrine is an appalling idea, but is that really something that should form one of the ten planks in a grand design for American renewal? Likewise, the requirement to specify the article of the Constitution that justifies each bill is a noble idea in principle, and it would be amusing to see an endless stream of bills with “interstate commerce clause” scrawled in the margins, but it seems a bit cosmetic to me. Constitutional fidelity is not a homework assignment, to be scrawled on the blackboard during detention.
I believe the crucial reforms will be those which compel the federal government to begin devolving power to the states, returning financial independence to the private sector, and balancing the budget through spending cuts. It’s clear that only legal compulsion will force Washington to understand that its supply of money is not unlimited. The Tea Party proposals for statutory spending caps would help limit further bloat, but their flat tax idea looks like the most potent weapon for burning down wasteful government agencies, removing social engineering from the tax code, and giving the private sector an immediate, meaningful boost. Restricting the length of the tax code to the length of the Constitution is cute, if a bit garish. In the end, that might be more space than we really need… more space than we ever needed.
There are plenty of other ideas to be considered. We should not hesitate to present these ideas to the electorate. The other side has only three ideas: give us money, do as you are told, and don’t ask questions. The time to demand better from our political class has arrived.
Cross-posted at www.doczero.org.
This post was promoted from GreenRoom to HotAir.com.
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Nice post again, Doc. If only I were so eloquent.
riverrat10k on February 18, 2010 at 11:37 AM
I hope one of the changes at Hot Air is to give Doctor Zero a full-time place at the table with Allah and Ed.
jamie gumm on February 18, 2010 at 11:39 AM
I love reading your articles. This was a direct hit! Thank you.
BetseyRoss on February 18, 2010 at 11:39 AM
It’s sort of weird how the Contract with America hijacked the 94 win. Since those involved never heard of it until the last instant, and then ignored it. The real reason was the 1994 AW gun ban.
I was right in the middle with the ‘defoleate’ campaign, rid the House of Tom Foley, and the RNC wouldn’t help. But at the last minute the Contract showed up to hijack the win.
We don’t need no stinking leader, 10 point plan or other BS, we are bound by far stronger bounds, fidelity to the U.S. Constitution and our principles and values.
Don’t take my recall for it, as Bill Clinton once said the “AW ban cost him 60 House seats” — and that was one time Clinton told the truth.
tarpon on February 18, 2010 at 11:40 AM
I’ve said since “day one” that Doc should be added to the “A Team” at HA and this is just another classic example of why!
If that doesn’t happen, it’s not a problem…We have him right here, and that’s a good thing.
GoldenEagle4444 on February 18, 2010 at 11:42 AM
Doc–You are truly a skilled writer. I admire your optimism and share it. You give a great big picture view of the current affairs. God bless you and your work. Thanks for posting this.
ted c on February 18, 2010 at 11:43 AM
Loved the piece, Doc, but it could be boiled down to one simple statement:
We have a Constitution, let’s abide by it.
pugwriter on February 18, 2010 at 11:43 AM
“Some” ideas???
1. Redefine the Commerce Clause by either Law, or Amendment, BACK to the Framers intention, ie, the Federal Government being a Referee between the States IF they have a trade dispute, not having total control of all Commerce.
2. Clarify Emminent Domain, to where TAX revenue increases are NOT a valid reason to take someones property.
3. Redefine the General Welfare clause to its origional intent, ie, a limitation on what you can spend on, not a carte blanche to spend on anything (ie, it must affect all 50 States EQUALY, all peoples and classes equaly, including economic distinctions).
4. Repeal the Amendment which made the Senate seats popularly elected, and make is the State Legislatures choose ONE Senator of that State, and the Governor selects the Other… ie put back a REAL limit to Federal Power grabs (currently the only one who decides what powers the Fed Gov has, is the Fed Gov, and you can’t even sue them unless they give you permission… Right to petition for Redress is gone…).
5. Law which States that on CONSITUTIONAL issues, you do NOT have to proove Damage, to Gain Standing, as we are ALL damaged when the Consitution is not followed.
Would some of these work?
Romeo13 on February 18, 2010 at 11:46 AM
Enumerated powers, 10th Amendment. Short and sweet.
Akzed on February 18, 2010 at 11:47 AM
Yeah, but where’s the fun in that? ;-)
UltimateBob on February 18, 2010 at 11:47 AM
As bad as this recession, near depression, is I think that ultimately it may turn out to have been just the right thing to wake up the public to the evil of the leviathan state that has been metastasizing for decades. Imagine where we would be had there not been an economic crash. Obamacare and Cap & Trade would likely have both passed with some GOP support and not much outrage from the public and we’d still be careening down the road to fiscal oblivion.
As it turns out now the recession has been like a splash of cold water on the body politic and people are not only awake but extremely angry at the size, scope, intrusiveness and general ineptitude of the federal government.
This recession may have just saved us.
DerKrieger on February 18, 2010 at 11:48 AM
Sorry to be off topic:
Small airplane crashed into 7 story building in Austin, TX. Live on FNC. No word on casualties.
No need to speculate just yet…. except that the FBI building is next door.
Too creepy watching the smoking building….
hillbillyjim on February 18, 2010 at 11:49 AM
If that is not a money line, I don’t know what is.
Another terrific piece Doc, one I will be spreading around, that is for sure.
JusDreamin on February 18, 2010 at 11:50 AM
Hmmm. This morning, my wife accused me of being an old fuddy-duddy. Pattern?
pugwriter on February 18, 2010 at 11:50 AM
From Article I Section 8 of the Confederate Constitution:
The man that rewrote this two clasues for the CSA did a great job at tightening them up. No General Welfare and explicitly stating that not money of the CSA will beenfit industry.
In my history fantasy land, I wished Lincoln served his second term and offered to put the CSA constitution up for adoption sans slavery clauses to foster reconciliation.
WashJeff on February 18, 2010 at 11:55 AM
The problem is that during Progresive phases of the Supreme Court, the Definitions they use for parts of the Consitution puts the Constitution on their side.
They effectivly changed it, without amending it, by redifing it…
One of the most dangerous arguements ever made in the Supreme Court, IMO, is that the “Consitution is not a suicide pact”… and thus it can be IGNORED, instead of AMENDED.
The Framers KNEW it would need to be changed, and put in a process to do so which would give time for debate… and would have to be ratified by the STATES to make a change…
But the Feds have just ignored the Amendment process, and Progresivly given themselves more power by reinterpreting it, and ignoring it…
Romeo13 on February 18, 2010 at 11:55 AM
I would love to see some form of punishment for lawmakers who pass unconstitutional laws.
MarkTheGreat on February 18, 2010 at 11:59 AM
If Doc wants to know where a good step by step grass roots plan can be found he has only to go to the works of the Continental Congress 2009. givemeliberty.org
Do we want to take meaningful action or just ninny around the blogs and get pulled into this main line and coopted manifesto movement thing? The Tea Parties are being taken over by the GOP now. They see an oportunity to grasp contol of this grass roots movement. They are nothing but blood sucking parasites. It’s a tic infestation. WAKE UP!!!!
infidelgranny on February 18, 2010 at 12:01 PM
General welfare is not even a clause. It is nothing more than an explanation as to why the certain powers were being given to congress. With the explicit power listed in the following text. It was never intended to grant any powers.
MarkTheGreat on February 18, 2010 at 12:01 PM
Of course, and my statement assumes a textualist construction of the Constitution. I guess the need to clarify the point illustrates the problem.
pugwriter on February 18, 2010 at 12:01 PM
It is supposed to, and should be, administered by the voters by removing them from office at the next election.
If it is some other body, we may end up with our own Council of Guardians.
WashJeff on February 18, 2010 at 12:03 PM
Relying on the voters gets you back to the same old problem. It’s just one issue out of many.
MarkTheGreat on February 18, 2010 at 12:05 PM
To this day I do not understand why they even bothered putting those two words in. Madison and others knew they were benign, but what purpose did the serve? How did they improve the clause they are found? They did\do not.
The CSA knew it was a mistake and removed them from their constituion.
WashJeff on February 18, 2010 at 12:06 PM
Don’t worry, the Tea Party Movement will be successful and will be bought in November 2010. It’s the American way.
Christien on February 18, 2010 at 12:06 PM
Doc, you know that kind of talk will get you sent to the recently built re-education camps, don’t you?
:O)
Excellent as always! I hope the new overlords approve as well…
Seven Percent Solution on February 18, 2010 at 12:08 PM
That’s what it really boils down to. For all the blame we heap on politicians, the real problem is uninformed voters enabling their representatives to do harm.
pugwriter on February 18, 2010 at 12:09 PM
I have on this site mentioned what Romeo13 presented. The people should have the right to challenge the constitutionality of laws without having to show they are directly effected. This seems to be a nice balance between allowing the people self-regulate while still having an avenue to ensure constitutional laws are created.
WashJeff on February 18, 2010 at 12:09 PM
I’m not sure if this would fit in to a grand principals document, but I would add:
1. No federal employee unions
2. all litigation in federal courts follow the english rule – loser pays all of the winners costs and attorneys’ fees.
These 2 simple fixes would a) diminish civil litigation in federal courts by 1/2 if not more and b) make the government itself much more flexible and dynamic and efficient (because you could transfer, promote, demote, hire and fire more easily).
It would also have the laudable side effect of reducing the amount of money flowing into the DNC’s coffers.
Monkeytoe on February 18, 2010 at 12:11 PM
I think those words were put is a limitation… ie funds must be spent on the GENERAL welfare, not for the welfare of an individual, or group.
Thus, the Congress using funds to… build an Office for a retiring Congresscritter… it would not be Constitutional as it could not even be stretched to fit General Welfare…
but the Progresives have turned that idea on its head… which is why I think the next Debate needed, is a PUBLIC debate as to what we wish these defintions to mean… because we have watched the Supremes reinterpret tham all of of logical boundaries.
Romeo13 on February 18, 2010 at 12:13 PM
Love seeing Doc’s essay paired with a painting of the founders. Fitting. Equal company of thinkers.
publiuspen on February 18, 2010 at 12:13 PM
I’ve long parroted the sentiment that we get the government we deserve.
Contracts and statements aside, until such time that all of the American people come to accept that each and every one of us must vigilantly participate in our state and federal governance – that this participation is, at the very least, a full time job for all of us …. we will never be shed of the predicament we presently find ourselves in.
oldfiveanddimer on February 18, 2010 at 12:15 PM
This is what I said on the original Green Room thread:
Bulls eye, Doc. This is what I’m doing in my neck of the woods: At various neighborhood groups I’m conducting a workshop on keeping our local representatives accountable by asking the three questions that Thomas Sowell frequently espouses:
Compared to What?
What are the Costs?
What are the Hard Facts?
With these questions, any citizen can read between the lines of any political statement and find a clear path to the truth. These questions force accountability.
It is important to do this locally because city governments are the petri dishes from which corrupt state and federal politicians grow.
pugwriter on February 18, 2010 at 8:36 AM
Voters don’t need political science degrees, but they should have basic critical thinking skills.
pugwriter on February 18, 2010 at 12:15 PM
If force to choose between award caps or loser pays, I would choose loser pays. Loser pays retains more liberty while making the plantiff suffer a consequence if their suit is frivilous.
My concern, though, with loser pays is the jurys will me even more sympathic to the plantiff cause they know if they rule against the plaintiff, they will be hurting them financially while the defendent has a “pot of gold” to keep on going.
WashJeff on February 18, 2010 at 12:16 PM
While good in theory, this would increase significantly the litigation case-load in federal courts when every crank (from right and left) brings a suit challenging a law.
Monkeytoe on February 18, 2010 at 12:16 PM
Certainly less opportunity to self-aggrandize in the process.
Saw a local ad for a guy who’s running for Texas House of Reps and he was boasting that he’s “tea party approved”. That was bothersome to me, personally. Much as I like the ‘tea party’ movement and sentiments, the idea that some of these nameless/faceless folks are now ‘kingmakers’ at some level is starting to piss me off.
Add to that the growing ‘third party’ drumbeat, and it’s getting even worse.
Midas on February 18, 2010 at 12:18 PM
Intersting point, but you could also make it so the Loser Pays is up to the Jury as well…
Ie… you don’t win, but it was not frivalous, so you don’t have to pay.
Or… you don’t win… and you wasted our time… so pay up idiot…
Win/Win.
Romeo13 on February 18, 2010 at 12:18 PM
You couple it with Loser Pays… as we were also talking about…
Romeo13 on February 18, 2010 at 12:20 PM
I do not totally blame the progressives for turning this on its head. It was a problem from the get go. As I stated earlier this thread, the man that wrote the CSA constitution removed those words. It was not an oversight, he knew those two words where being used to abuse the original intent.
WashJeff on February 18, 2010 at 12:20 PM
the reality is that 70% of lawsuits are dismissed well before jury trial on motions – because the claims are that frivlous and meritless.
Of those not dismissed on motion but settled before trial, I would guess at least 50% are settled merely because the cost of litigation for defendants is more than the settlement, even though defendant would likely win.
the fear you have – if realized – is a drop in the bucket compared to the costs currently on businesses, etc. from meritless and frivolous litigation.
Plaintiff’s attorneys would have to do what they currently refuse to do, actually assess a case before suing it out. They would have to actually determine whether the case has any merit whatsoever and advise their client rather than simply suing out everything that comes in the door and hoping for a settlement. That alone would get rid of about 50% of non-inmate civil litigation in federal courts.
And, it would change the culture – because people would start to realize that you don’t just sue over every trivial thing – that there would be actual responsibility and accountability in deciding to bring a suit.
Monkeytoe on February 18, 2010 at 12:21 PM
Ewwww… got an idea….
Not only does Loser Pay, but Losers ATTORNEY has to pay HALF!
Romeo13 on February 18, 2010 at 12:22 PM
Feature or Bug?
I agree if this was every done, the first 20 years would be ugly as both sides scramble to have the SCOTUS define what is and is not constitutional.
The best way to solve this is at the ballot box.
WashJeff on February 18, 2010 at 12:23 PM
Or…. gets no compensation at all… by law…
Romeo13 on February 18, 2010 at 12:23 PM
Even better!
WashJeff on February 18, 2010 at 12:24 PM
Kind of like the 2nd ammendment. The first part is meaningless, but many people mis-use it to try and limit the right.
MarkTheGreat on February 18, 2010 at 12:25 PM
Ever noticed that you never see DrZero and Marco Rubio in the same room? Hmmmmm……..
Knott Buyinit on February 18, 2010 at 12:25 PM
WashJeff on February 18, 2010 at 12:09 PM
The oath of office requires lawmakers to protect and defend the constitution.
How does passing laws that even a 3rd grader could recognize as unconstitutional advance either of those requirements.
MarkTheGreat on February 18, 2010 at 12:27 PM
I would hope that is what would happen. Attourney’s would have to pick and chose their cases more carefully. Will I, the attourney, get paid?
Defendent lawyers, usually the attourneys at defendent’s insurance company, would be more inclined to go to trial rather than settle.
If loser pays ever comes up again, I just want to hear this kind of back and forth so we flush out the unintended consequences.
WashJeff on February 18, 2010 at 12:28 PM
I would propose a minor adjustment to this. If the loser offered a reasonable settlement before the trial started, then the loser would not be responsible for the winners fees. (Reasonable being defined as something like an offer that was within 10% of the final judgement.)
MarkTheGreat on February 18, 2010 at 12:29 PM
Tea Party Patriots has already proved to be a bunch of phonies. The Fair Tax was leading the idea nominations all the way until they suddenly chose the top few ideas to choose from and suddenly and without explanation the Fair Tax disappeared and was replaced by the flat tax which had never been in the top choices.
bill30097 on February 18, 2010 at 12:30 PM
Man unexpectedly flew plane into Austin IRS Building after setting his house on fire.
I guess this now makes all taxpayers potential domestic terrorists.
J_Crater on February 18, 2010 at 12:31 PM
One reason why liberals knew that there first task was taking over the school system.
MarkTheGreat on February 18, 2010 at 12:31 PM
It irks me that the oath means nothing to 95% of the legislators, ecexecutive, and justices, but you are still left with who enforces compliance with the oath.
WashJeff on February 18, 2010 at 12:33 PM
Another posibility. If the plaintiff can’t pay, his lawyer will have to.
MarkTheGreat on February 18, 2010 at 12:34 PM
The attorney who brings a suit on spec (i.e. contingency fee) should not get paid when they lose. Part of the job of that attorney is determining what claims have merit. If the attorney fails at that, tough luck. Maybe find another profession.
And? the defendant’s attorney (whether hired by an insurance company or defendent themselves – not sure why that is relevant) has to decide the potential risks. If the defendant’s attorney decides they are likely to win at trial – why should they settle? Right now the system is set up to force defendants to settle winnable cases because the cost of litigating a case through trial is so high. It is basically legally sanctioned extortion. giving defense attorneys incentive to try cases that they believe they can win is a positive, not a negative.
Monkeytoe on February 18, 2010 at 12:36 PM
That would be the Supreme Court, since they are the ones who rule on whether or not a law is constitutional.
If the SC does start to abuse this power by ruling laws unconstitutional, just to get back at certain law makers (something I doubt would happen) the congress can defend itself by the impeachment process.
MarkTheGreat on February 18, 2010 at 12:39 PM
Many federal statutes provide for attorneys’ fees if the plaintiff wins. so defendants already face the problem of paying attorneys’ fees – but plaintiffs don’t (with rare exceptions).
And the Federal Rules of evidence already have a similar provision that allows one to make an offer of judgment, and if that offer of judgment is more than the final verdict, the party only has to pay fees and costs incurred up to the date the offer of judgment was made.
Also, how does your idea work for a plaintiff? If a plaintiff offers to settle by taking $10,000, but is awarded nothing ($0) is that within the 10%?
I’m not necessarily opposed to this idea, just would need to see it flushed out some more.
Monkeytoe on February 18, 2010 at 12:40 PM
Agreed. My company has been in the case where our insurance company has settled on our behalf cause the cost of litigating issue.
WashJeff on February 18, 2010 at 12:41 PM
That’s where my modification to the strict loser pays comes in. If the plaintiff makes a good faith offer to settle, and it is turned down. Then either the loser doesn’t have to pay the winners costs, or we could go further and even require the winner to pay the losers costs. Since in this case it was the winner who forced a trial when there was no need for one.
The difficulty comes in determining what is a good faith offer. I have proposed an offer that is within 10% of the final judgement. Of course the jury can’t be told that there was an offer or what the amount was.
MarkTheGreat on February 18, 2010 at 12:43 PM
But how would SCOTUS handle the lawmakers that wrote the unconstitutional bill and, thus, violated their oath (I think that is the point here, the people not the law)? Can SCOTUS kick them out of congress? Censure?
WashJeff on February 18, 2010 at 12:49 PM
But again, when the plaintiff loses, they are awarded nothing. What amount is a good faith offer to settle versus being awarded nothing? What is 10% of zero?
Perhaps something along the lines of an offer to accept 50% of what the final attorneys’ fees and costs are for the defendant from the point of the offer to the end of the trial (b/c I think mosts reasonable defendants would accept that offer since it would be made after the defendants lost all motions to dismiss the claims and would ultimately be cheaper for defendants).
Monkeytoe on February 18, 2010 at 12:51 PM
Of course, attorney fees would skyrocket because they’d have to carry insurance coverage for any case losses. Those premiums would be born by the clients, so in the end only the rich would be able to litigate.
Probably should leave that ‘pay double’ part out and give the attorney jail time instead.
ROCnPhilly on February 18, 2010 at 12:51 PM
the real problem here is that in all actuality, what is “constitutional” depends entirely on the make-up of the court. We might be happy with this type of rule when conservatives have a majority of SCOTUS, but what happens when there is a liberal majority on SCOTUS?
that’s not the way it should be, but that is the reality.
Monkeytoe on February 18, 2010 at 12:53 PM
I would say that the attorney would only be liable if the case is dismissed on the pleadings. Because in that case, the attorney should have known better than to bring the claim. sometimes, in all fairness, an attorney has to rely on what their client tells them when bringing a suit, and only finds out more facts through discovery. But, if the very complaint is found to be frivolous, I would have no problem holding the attorney equally liable for the winners’ attorneys’ fees.
Monkeytoe on February 18, 2010 at 12:55 PM
Yes, I should have said that if the judgement is less than 10% more than the offer, would be considered a fair offer.
I think it would still go back to whatever the defendand offered as a counter proposal.
Plaintiff wants $10K.
Defendant offers $1K.
Jury awards $1.
The award is less than 10% more than the defendants offer. (In this case that amount would be $1.1K) So the plaintiff has to pay the legal fees of both parties.
It was the plaintiff who forced a trial, when one wasn’t necessary.
Your point about the costs up to the point of offer is good as well.
Modify the rule to replace trail costs with all costs after the time the good faith offer was made.
There would also be some need for charging the cost of drawing up and reviewing the final agreement.
There’s also the case where the defendant counter sues. But we could resolve that by considering each suit as a seperate trial.
MarkTheGreat on February 18, 2010 at 12:55 PM
Personally I’d like to see them kicked out of office.
Though perhaps something less drastic could be worked out. Like for each law that is ruled unconstitutional, the bar for your next re-election is raised 5%. That is, if you vote for a law that is later found to be unconstitutional, the next time you run for re-election, you have to win by 55%, not 50%.
MarkTheGreat on February 18, 2010 at 12:57 PM
Of course if you are already out of office, then there is no penalty.
MarkTheGreat on February 18, 2010 at 1:02 PM
My only concern with loser pays is that it gives a plaintiff with a slam dunk case no incentive to settle before trail. He knows that the worst that will happen is that he gets pretty much what the defendant offered, and there’s always a chance he will hit the judicial jackpot.
MarkTheGreat on February 18, 2010 at 1:04 PM
there we go. I think we have resolved this. Next!
Monkeytoe on February 18, 2010 at 1:05 PM
In many types of cases, this is already true. Section 1983 false arrest, discrimination, etc. or Title VII discrimination claims for instance already have provisions for paying the plaintiff’s attorneys’ fees if he wins. this results in a disincentive for the unreasonable plaintiff to settle, and actually drives up the settlement costs for defendants.
Say you have a case where you think you might have potential liability as defendant. You think you have a 60% chance of losing the case – it’s not a slam dunk for plaintiff, but you have risk. And say that the plaintiff has no real damages – no real physical or emotional injury or lost wages. You would think you could settle that for a reasonable amount, something around what it would cost defendant to litigate the case. However, the fact that in such cases, if the plaintiff wins just $1, they may get all of their attorneys’ fees, which can easily go over $100,000, results in a very strange expectation for settlement from both plaintiff had his attorney. Now a case that is really worth say $10,000 can not be settled for less than $50,000 or more.
Monkeytoe on February 18, 2010 at 1:09 PM
I can see that these people do not understand how Social Security works. Doing what they plan is throwing under the bus oldsters who had their retirements compromised under the existing SS system, because Social Security is “pay as you go” — which means that those Americans allowed to opt out would be precisely the people Social Security relies upon for solvancy. That won’t pass muster any more than AARP’s endorsement of O’care passed muster.
The real plan has to be a gradual shutdown of Social Security without damaging current participants, in such a way that existing contributions are credited in some fashion.
Everybody needs to be “made whole” from FDR’s disaster.
unclesmrgol on February 18, 2010 at 1:35 PM
I think the Tea Party movement started earlier than he Health Care town halls. Weren’t the first Tea Party gatherings a response to porkulus?
hawksruleva on February 18, 2010 at 1:44 PM
I agree. I think Uncle Sam needs to open up Federal lands for commercial use, on 50 or 100-year leases. They money they could generate from oil, natural gas, shale oil, and commercial development could be used to pay down Social Security.
I’d even be ok with allowing businesses to agree to a 2% tax on sales in exchange for expedited approval of the construction of oil refineries and nuclear reactors.
hawksruleva on February 18, 2010 at 1:47 PM
Legally, I’m not sure Congress can be held accountable for the Constitutionality of a law if the Supreme Court has not yet ruled on it. That’d be like breaking a law before it’s on the books, and getting arrested for it.
hawksruleva on February 18, 2010 at 1:50 PM
In our current system only “We the people” can hold them accountable. MTG and I were just going down the “What if” paths. Just venting frustration that these morons can take an oath and violate it the second their hand is put down.
WashJeff on February 18, 2010 at 1:54 PM
Making whole is not possible. Maybe 80%.
A 50ish year wind down program is necessary for SocSec.
Maybe means testing for current and soon-to-be retirees.
Under 35 need to have reduced SocSec taxes with the difference going into private accounts.
The people in the middle should have the option to withdrawal from the program in return for smaller taxes.
I like hawksruleva idea to tax new energy to fill in the gap. IF a 2% tax means the Dems will allow us to get oil within our borders and kill off SocSec…I will make that trade.
WashJeff on February 18, 2010 at 2:00 PM
Depends on how likely you think it is that they’ll ever give up trying to get it through. My guess is, that’ll be somewhere around the twelfth of never, so it probably oughta be included. You’d think the First Amendment would cover it, but now that we have a “living” Constitution, nothing is guaranteed, and everything is up for grabs.
Mike H on February 18, 2010 at 2:22 PM
Our Founders knew we would have this battle.
In 2006 when the Senate switchboard crashed was the epiphany that Americans needed to realize they do after all control their own destiny, restrictions are for government, its management is for, We the People.
Speakup on February 18, 2010 at 3:19 PM
Profound. Thank you again, Doctor Z.
oldleprechaun on February 18, 2010 at 4:18 PM
Ain’t gonna happen. Had the politicians that you guys voted for, permitted changes 30 years ago, maybe.
But today, SS is too much in the whole. The only question is who gets scr#wed the most. Should it be those who weren’t even alive when these bad deals were put together, or should those who bear responsibility for this mess pay the most for this fiasco?
MarkTheGreat on February 18, 2010 at 4:49 PM
A lot of our so called conservatives keep claiming that corporations have no 1st ammd rights. It’s only a short step from there to congress telling corporations what they can and can’t broadcast.
MarkTheGreat on February 18, 2010 at 4:54 PM
pardon, but do you really think I’m that old? Social Security came into existance in 1935, and, for all that time, it’s been “pay as you go”. I was not alive when these deals were put together, but I’ve paid faithfully into that system for all these years, and the money I’ve paid in is, as everyone likes to point out, money that should have been invested for my own user later on. Well it wasn’t, and I’m entitled (this is indeed an entitlement which makes sense) — I’m entitled to get back what I put in, adjusted for inflation and the interest my money would have earned.
When you say “means testing”, you are saying that if I worked like an ant and put stuff into 401K’s like crazy, that I should now be penalized by the grasshoppers who didn’t. I’m “rich”. That’s DEMOCRAT thinking. No thank you.
unclesmrgol on February 18, 2010 at 9:32 PM
Sorry, Mr. Mark the Great. The last paragraph belongs here:
As for the 80% — I think I’ll be lucky if I get that. My Dad payed into this system his whole working life, and lived 6 months on SS before he died. I know three other adults (including my mother) who never reached 65 before they died, and therefore didn’t collect anything they paid into the system.
I have a feeling that “means testing” will indeed include 401K’s — for isn’t it the case that only rich people have 401K’s?
unclesmrgol on February 18, 2010 at 9:37 PM
We have term limits in California. It doesn’t help does it? It simply increased the influence of the public employee unions and other lobbies. They are the permanent power structure in Sacramento.
Absolutely on target. The key is to devolve centralized power. That won’t happen without someone calling out public employee unions directly. You only have to check out Greece to see a hint of what will happen in spades when our side actually tries to chase the pigs from the trough. Public employees have to be banned from unionizing. Many pension plans such as in my home town are simple criminal acts of bribery and theft. The contracts should be voided and prison terms handed out where deserved.
I would look into the same limits on legal lobbies. Lawyers are officers of the court and should not be allowed to advocate for legislation.
rcl on February 18, 2010 at 10:13 PM
That’s a Peace Prize!
Or a damn swell T-shirt.
Maquis on February 18, 2010 at 10:40 PM
I missed this earlier today! darn iphone :( another post to email around…
CCRWM on February 18, 2010 at 11:44 PM
An idea I had too recently to get into the running is fairly simple.
Any government agency that has failed to fulfill its stated function within 10 years is abolished and all the employees fired for not doing their jobs.
An example is the Department of Energy. “The Department of Energy was formed after the oil crisis on August 4, 1977 in order to end the United States dependence on foreign oil by President Jimmy Carter’s signing of legislation, The Department of Energy Organization Act of 1977.” (from Wikipedia.) It has not met its goal. It has left us further from its goal. It should be abolished.
{^_^}
herself on February 19, 2010 at 1:45 AM