8
Dec

Laws I’d Like to See [Reader Post]

Posted by: Donald Bly @ 5:49 pm in Politics  | 40 views

1. No elected official may hold consecutive terms. (in regards to congress)

This would certainly do a lot to eliminate the power of incumbency and would not limit the number of terms that an qualified individual could be elected to an office. They’d simply have to return to their respective districts and live under the laws that they have enacted. They could run for office again the next election cycle. The idea here is to eliminate the career politician and reduce the amount of corruption that our current system seems to have fostered. It would hopefully end the era of elected nobility

2. No elected official may accept a campaign contribution of any kind while in office. (in regards to congress)

This would help to end the selling of favors to special interest groups that our current system has fostered.

3. The number of representative shall be one for every 30,000 citizens.

This is actually the representation ratio as set forth in the Constitution Article 1, Section 2. In todays world of technology it is not necessary that our representatives gather in a single place in order to cast a vote or debate a bill. They could all have a subscription for gotomeeting.com…. More importantly any qualified candidate could quite literally mount a viable campaign without spending a dime. A little shoe leather and some time and a candidate could literally shake the hand of every voter in his/her district. The current ratio is somewhere in the vicinity of 600,000 to one and facilitates the ability of special interests groups to unduly influence policy. This is campaign finance reform at its simplest

4. Congress shall receive NO PENSIONS

Representing the interests of a Representative’s district or a Senator’s State should be a civic duty and not a career. Our military does not receive a pension for a single tour of duty and they place their lives in jeopardy for our freedoms. Why should a congressman recieve a pension for a mere two or six years of non-hazardous duty.

5. Congressional pay shall be set and approved by the State from which each congressman is a native. The States NOT the federal government shall pay the salaries of their respective Representatives and Senators.

5. Repeal the 17th Amendment.

The 17th Amendment allows for direct election of Senators by the populace. The purpose of the Senate is to represent the rights of States not the general population. Selection of Senators should be left to the individual State’s State legislators or whatever means desired by the individual State. Again we’d see a reduction of the influence weilded by special interest groups in contradiction to the interest of the States and their rights.

6. Repeal the 16th Amendment and institute a value added tax.

The individual’s privacy is compromised by the current system and the individual tax payer is unduly burdened by the expense of of tax preparation. The current system is incomprehensible. With a value added tax all citizens would have a stake in keeping our government as small as possible because no one would be exempt from the taxation that funds the largess of government.

7. Nationalize the Federal Reserve Bank.

8. No business is too big to fail and bailouts of private business entities shall be prohibited.

It is the responsibility of the stockholders through the selection/election of the board of directors of a corporation to exercise due diligence in ensuring that their interests are being protected. Failure to exercise such control shall warrant the loss of their investment through the bankruptcy process.

Concerning Publicly Traded Corporations – Since a Public Corporation is a construct of the State certain restrictions on the pay and compensation of corporate executives and employees should be enacted to preclude the looting of corporate assets to the detriment of stockholders, employees and customers.

A. Executive pay shall not exceed a multiple of 50 of the average compensation of all employees.

This would preclude executives from unduly benefiting by engaging in such policies that are detrimental to its employees such as moving factories to countries where wages are exploitively low. The logic here is that what executive whose salary is based on an average employees salary choose to move a plant/factory where wages are say $20 an hour to a country where wages are 20 cents an hour. Corporations have a duty not only to the stockholder but also to those whose life energy has been devoted to their place of employment. For an executive to increase his compensation he/she would be incentivized to raise all boats with the tide.

B. Executive bonuses/stock options etc. shall be be identical to the workers as a percentage of base compensation.

The rational here is that it takes all of the parts to create a whole. Executives are paid to make decisions, workers are paid to carry out those decisions. All are part of the whole and one cannot exist without the other therefore all should benefit from the rewards reaped from the symbiotic relationship.

Just food for thought… Please feel free to add laws you’d like to see in the reply or provide rebuttals to my rational.

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82 comments so far

 1Reply to this comment  

I like your train of thought. . . Ideas of value!

Some additional thoughts:

—Ideas on laws defining how to draw up Congressional districts and reduce gerrymandering.
In NC some districts were drawn to insure the lifetime re-election of certain Congressman
and diminish conservative areas by breaking them up into pieces and then assigning
to blue areas — the Raleigh-Durham-Chapel Hill region is a case study for these shenanigans.

—Compensation for Congressmen & Executive Office? Tie it into how well the country adheres
to it’s budget and stays out of red ink. Similar to compensation packages for CEOS, COOS,
CFOs/Financial types, ETC., in large companies.

December 8th, 2009 at 6:19 pm
 2Reply to this comment  

–No person who has engaged in the practice of law in the past ten years shall be eligible to serve in any legislative office or on any board or office in the executive branch to which the legislature has delegated authority to frame rules to implement legislation. No person who has served in such a capacity shall be permitted to engage in the practice of law for ten years after leaving such office.

(This should apply both to Congress and the Federal executive and to the several states.)

The reason? So legislators and regulators don’t serve the guild interests of the legal profession in preference to the public interest.

December 8th, 2009 at 6:42 pm
 3Reply to this comment  

My opinions:

1. No elected official may hold consecutive terms. (in regards to congress)

First, a clarification: Just for Congress? If so, change the wording.
I disagree here. as long as there are elections, corruption can be dealt with. The real problem with terms are length. I think yearly would be better.

2. No elected official may accept a campaign contribution of any kind while in office. (in regards to congress)

Not even for a re-election campaign? Now, I see if you are saying here that re-elections don’t exist with your previous law, then what about for running for the next office the official would then run for? I think perhaps maybe no contributions from companies is a good idea, but none at all probably is not good.

3. The number of representative shall be one for every 30,000 citizens.

100% agree. The more representatives they are, the less one black sheep can misrepresent the people.

4. Congress shall receive NO PENSIONS

Also agree here.

5. Repeal the 17th Amendment.

Do you really want this? This is taking more power from the people, and giving it to politicians! How could you be sure to even affect who would be your Senator? Each time you pass on an election or political pick to another official, you decrease your own power to change and uphold the law.

6. Repeal the 16th Amendment and institute a value added tax.

An excellent plan in some respects, but it still has problems with taxation of imports and exports. To much tax, and highly imported products will be extremely taxed and cause unrest (oil), and other countries will not pay for our exports. Too low, and companies will outsource and ship in like they do now.

7. Nationalize the Federal Reserve Bank.

Define your meaning of nationalize

8. No business is too big to fail and bailouts of private business entities shall be prohibited.
Agreed- Enough of the picking and choosing and waste.

A. Executive pay shall not exceed a multiple of 50 of the average compensation of all employees.

Not a good idea. This is anti-Capitalistic. This kind of a law would encourage basing whole companies in different countries. Companies that would likely be in violation of this would be such companies as NewsCorp (Murdoch) and Microsoft, and thousands of others. How about addressing the real issue you mention instead of trying to cover it in a blanket of more law?

Executive bonuses/stock options etc. shall be be identical to the workers as a percentage of base compensation.

Overall a good idea, but make sure that it doesn’t become “everyone gets an equal bonus in a company no matter how well they perform.” Everyone should only get bonuses they deserve.

______________________________________________________________________________

Interesting food for thought. Thank you for your post.

December 8th, 2009 at 6:50 pm
 4Reply to this comment  

marbleblaster: I disagree here. as long as there are elections, corruption can be dealt with. The real problem with terms are length. I think yearly would be better.

Considering the length of campaigns, marble, when do you think they’d actually *work*?? LOL

My vote for a law I’d like to see on the books…

For every law enacted, five must come off the books…..

December 8th, 2009 at 7:11 pm
AdrianS
 5Reply to this comment  

Speaking about gotomeeting.com… and other electronic forms of communications, I make this suggestion:

Given that on many occasions Congress believes that they are, in going against the will of the people as demonstrated in various polls, doing what’s good for the public, how about (now that we have the Internet and verifiable, secure communication links) letting the public vote ONLINE AND DIRECTLY more often on MOST of ALL of the issues (legislation) that come up?

Just think. Year 2011. Elections are routinely held in such a manner that Senators and Representatives in Congress merely write and formulate proposed legislation. Then at regularly and at certain times during the year, possibly less often (we have too many laws already), all registered voters vote electronically online. Connections over the Internet, in private or at public places, are as secure as connections to your bank accounts. Voting takes place over SEVERAL days not just one day from 7am to 7pm. This greater amount of time would ensure that, weather good or not, people will have a better opportunity to vote. In fact, if you were on business traveling in Hong Kong you could verify and vote from there or anywhere online.

And, yes there would be voting security officials who are trained computer programming professionals that can spot cheats and discrepancies, thereby guaranteeing connection and processing security much as your bank does with your bank balance. Not perfect, but mostly 99.999%. Penalties for voter fraud would be extremely severe.

Thus, we will eliminate Congressional hijacking of the issues. It is often they say that the laws are updated to reflect the changing times. This is one idea that is coming soon. And, it means truly POWER TO THE PEOPLE.

December 8th, 2009 at 7:18 pm
 6Reply to this comment  

Very idealistic Donald but perhaps not so practical and let’s not ignore the unintended consequences of these types of reforms.

I won’t go point by point through the whole list, though I do agree with some and certainly the motivation behind it. But I disagree on term limits.

I understand that there are some clowns, like Robert Byrd, which should have left office long ago. But there are also plenty of good men and women who I would hate to see leave the scene because of term limits. A short list would be folks like Michelle Bachman, John Boehner and my state’s junior senator Jim DeMint.

Sure, you might clear out a lot of dead wood with term limits but who is to say you would get anything better in return? You’d just end up with a lot of legislators who have about as much experience as the average Southside Chicago Community Organizer and we all know how dangerous that can be.

Folks may say that our system of government sucks. Except when you compare it to any alternative. I am loathe to tamper with a system that for all it’s faults still works better than any other.

December 8th, 2009 at 7:20 pm
John
 7Reply to this comment  

Yes, repeal the 17th. It would give the states a voice at the federal level which would provide a counter-balance to the unfunded mandates and it would end the confirmation grandstanding that currently goes on in the Senate to appeal to voter special interests. The Senate was designed to represent the interests of the states, not the people directly. Also, the benefit of one representative per 30,000 is that it makes it a lot harder to gerrymander “safe districts”. “Safe districts” are one of the main ways that our republic has gone wrong.

To your list, I would add some sort of provision prohibiting the delegation of powers. What that means is that Congress shouldn’t be able to tell the EPA, “You decide what’s dangerous and how to regulate it. Here is a blank check to write whatever laws you want.” Laws and regulations should come from the Congress and be voted on, not delegated to unaccountable bureaucrats.

December 8th, 2009 at 7:22 pm
 8Reply to this comment  

Those are all well and good, and can be debated. The more immediate problem though is that the beaurocrats are taking over. We need repeal the act that created the EPA and start over and repeal the acts that it has enacted. We need to repeal the NEA (education) the fed’s have no business there and that would also weaken that union. The FDA needs to be realed in severely and the department of health needs to be done.

In short, all these out of control, leftist beaurocrats need to be handed their hat. Then we need to work on SS and Medicar and Medicade. These could be privatized so that the burden would not be on the taxpayer, but the individual.

Then we can work on the things you mention. If the GSE’s could be brought under control, then our economy could again thrive. Then we can cement that by making sure politicians can’t change it!

Just my $0.02.

December 8th, 2009 at 7:34 pm
DaNang67
 9Reply to this comment  

No vote for any public office may be cast except in person with proper identification including proof of citizenship. Currently, phony registrations and registrations of aliens are converted to votes through the absentee ballot process as are votes of the dead.

An exception should be made for active duty military assigned away from their states of residence.

All voters should be required to register anew and all prior registration records should be purged.

A few would be disenfranchised but the process would regain much integrity.

December 8th, 2009 at 7:36 pm
Donald Bly
 10Reply to this comment  

@MarbleBlaster

Item 1 and 2 go hand in hand and both are “in regards to congress” as stated. The idea here is to eliminate the “career” politician. Serving should be out of civic duty and not be a career. The power of incumbency is immense and so long as it exists there is NEVER a truly level playing field, 90% + of incumbents are re-elected. Eliminating the acceptance of campaign contributions is a means to combat the wholesale peddling of influence. Campaign contributions have, in many instances, morphed into nothing more than legalized bribes. So… since you won’t be running for re-election there is no need to have campaign contributions of any kind. In addition if item (3) were to be adopted then there is definitely no need for accepting money from anyone while in office.

Repeal of the 17th Amendment, you wrote:

“Do you really want this? This is taking more power from the people, and giving it to politicians! How could you be sure to even affect who would be your Senator? Each time you pass on an election or political pick to another official, you decrease your own power to change and uphold the law.”

Absolutely… you have forgotten that Senators are not there to represent the people ? They are there to represent the States. Our founding fathers were very clear on this. We are a nation of 50 sovereign states and they have rights. Depending on how a State decides to select/elect their Senators will determine how much influence that the populace has in their selection but if it is done through the vote of the State’s legislature then the citizens do have an indirect voice in whom will be their Senator.

Nationalize the Federal Reserve Bank – Remember that the Federal Reserve System is made up of 12 PRIVATE banks. These private entities should not have the power to create currency, it should be in the hands of the Federal Government.

Limiting the pay of Publicly Traded Corporations to a multiple of the average of all workers salaries is not anti-capitalistic since these institutions are artificial constructs created by fiat through the power of government. Such limitations would not apply to privately held companies not traded on a public exchange.

Executives are only able to achieve results through the efforts of their subordinates based on the decisions made by the executives. If an executive is to recieve a bonus based on some performance criteria then all subordinates that contributed to the achieving of that objective should also be rewarded with bonuses. Decision making and the implementaton of those decisions is a symbiotic process and should reward likewise.

December 8th, 2009 at 7:44 pm
Yippie21
 11Reply to this comment  

I agree with the others, great start! I like the idea of returning the Senate to the states, no pensions and make the states pay. I like any sort of taxation based on consumption or a flat rate. I do not support any sort of limits on private business to pay whatever they want, but in the same vein, I would abolish their right to donate to campaigns OR I would mandate that all contributions be made public.

We should work towards limiting Federal regulatory powers over the states. The use of the commerce clause should be a target of reform. The powers of the Federal government regulatory agencies over the states should be limited and controlled.

There should be no exemptions for federal politicians from laws inacted by them on their populace. There should also be instutued a mandatory sunset or review of all federal orders/regulations requiring congressional votes of continuance and not to be lopped in with other bills.

Term limits should be worked to 3 terms say for a Senator and 5 for a congressman. There should be a ban on lobbying of government by a former congressman/senator of 10 years after office. And too, for the federal government regulatory agencies… a ban of 15 years after employment or total ban to stop the revolving door.

Ever effort should be focused on reducing the influence of the Federal Government on our lives. The Federal Reserve/ Central Bank should be reviewed and have to face audit. The Congress should have to face an audit and all programs/agencies should have to face a review of budget and/or rationale for being.

December 8th, 2009 at 7:49 pm
Donald Bly
 12Reply to this comment  

@ Yippie21

I’m not for limiting the number of terms that a congressman can hold. I’m only for eliminating the holding of said terms consecutively. The power of incumbency is immense as is the power of campaign contributions to corrupt. Items 1,2 and 3 should be viewed as a total package.

December 8th, 2009 at 8:26 pm
Donald Bly
 13Reply to this comment  

@ Mike’s America
Experience can be gained by a congressman doing a good job and then returning to office 2 years later if first term warrants it… This IS NOT a term limit law.

Of course having inexperienced people in there might be a good thing – we aren’t talking the presidency

December 8th, 2009 at 8:39 pm
 14Reply to this comment  

Man this is a great discution. Our repub “leaders” should be reading this.

Here is the thing though. I agree with the initial premises layed out in this post. The problem is that we have out of control people in these anscilary orginizations. We have got to get them under control. They will choke out the electorate via requlation.

First, we must assume a sweep for the elections in 2010. A big assumption! Then when we get that power we need to act on it, like I said earlier, and defund these regulatory agencies. These agencies are building a brick wall to force us to the matt. They will implement regulations that kill the economy, until we “bow” under their will.

1) Get conservatives into the house and senate.
2) Defund, repeal offending agencies
3) Change election rules, procedures, etc… to ensure that this can’t happen again.

1 may take more than one election cycle, but could take root next year. If we take over the house in 2010, that could at least stop the bleading. Then in 2012 finish taking over the senate and white house, then 2 and 3 could be acheived.

But only if we have the backbone and perseverance to make it happen.

December 8th, 2009 at 8:56 pm
Donald Bly
 15Reply to this comment  

@John Hull

One thing is certain, those that are in office will never want to create laws that put them out of office in 2 or 6 years. Maybe this is one of those cases where we explore the idea of grandfathering in those already in office. I’m not in favor of such things but I also have to be a pragmatist.

One could pursue this sort of change through the states the same way that the 17th ammendment was instituted.

No matter how long it takes… SOMETHING NEEDS TO BE DONE

Hope and Change… Hope and Change

December 8th, 2009 at 9:16 pm
 16Reply to this comment  

@DaNang 67

I really like your idea of purging all voter registrations and starting over AND having to show appropriate id when voting.

This past November, I walked into an early NC poling location and cast a ballot — no id required. . .was so easy to see how fraud occurs. . .especially when one can also register on the same day with little to no forms of id. . .how about Park Bench 10?

I walked across the hall to go into the office of the NC State Board of Elections — to register a complaint about no proof of id to vote — and was told I could not go into the office without showing my driver’s license!!!!!

December 8th, 2009 at 9:24 pm
Donald Bly
 17Reply to this comment  

@ DaNang 67

I too like your idea of regularly purging the voter rolls and starting from scratch.

@ AmericanVoter

If your experience at the Elections Board wasn’t so sad, it would be down right funny.

Welcome to the world of the surreal…. do not adjust your dial

Why is common sense so uncommon?

December 8th, 2009 at 9:48 pm
bigpapa
 18Reply to this comment  

having read all of the opinion and all of the comments….
Unfortunately what I believe what all of you forgotten is that your opinions your wishes and desire are all for naught.

You can masturbate to your favorite actor or actress but you are no closer to having sex with them than we are to ridding ourselves or politicians that only serve themselves..

We are well and truly screwed… Today the EPA has the power to f”us with CO2 BS…
The worthless POTUS, is trying to push BS in Denmark….

We are f’d, well and truly f’d…

After the Tea Parties, all of the opposition they still screw us…
And they continue to get away with it…

All of your agruments are worthless…

December 8th, 2009 at 9:54 pm
 19Reply to this comment  

@Bigpapa

All this discussion is a healthy airing of ideas.

There is a feature box at this site —

http://therealbarackobama.wordpress.com/

. . .on the lower right of the home page entitled, “Give em the Boot.” Currently featuring Larry Sabato’s swipe at citizen voices — I nominated your comment as an alternate selection for the box.

You can give up. . .it is your perogative. . .but I will not nor the millions of other Americans who will shake up the country next year in the voting booths. . .

December 8th, 2009 at 10:16 pm
Donald Bly
 20Reply to this comment  

@BigPapa

Your attitude is the very reason some of us have to start thinking outside of the box. Too many Americans have been demoralized and disenfranchised.

We need to remember that our government is “We the people” and we can make a difference.

These ideas are more than just mental masturbation, they are seeds. I may not have the power to implement them, they might not even be the best answer. But, until we put the idea on the table nothing will happen and I for one don’t want nothing to be the order of the day.

This moron Ron Creamer who basically wrote the blueprint for this Obama Care nightmare started with an idea. Warped as it was, and then developed a process for implementation. Are we any less capable?

Seed planted will eventually germinate and flower. Seeds unplanted will do nothing but rot.

December 8th, 2009 at 10:31 pm
bigpapa
 21Reply to this comment  

Yes American Voter please tell me you inspiration????

Is it the EPA declaring CO2 a pollutant this week????
Is it the POTUS flying to Denmark????
Is it the Senate trying to pass the health care debacle???
Is it the myriad of liberal judges passing illegal “legislation” on us..?????
Is it the whole of congress and the senate ignoring our constitution????

How many websites have you been to???
How “good’ does it make you “feel” to voice your opinion???
And how much difference does it actually make???
That is the REAL question. I come to this site and many others every damn day and it makes no difference what i think, type, say, wish or desire..
PROVE ME WRONG!

Whining, bitching, crying, wishing is nothing.. big freaking nothing…

I never said I was giving up, you assumed so judging by my frustration…
I think everyone who wants and wishes and like puppy dog kisses has given up…
Forgive for me for having a “healthy airing of ideas” other than you wish to hear…

December 8th, 2009 at 10:42 pm
 22Reply to this comment  

Count me emphatically out on any government mandates as to salary limits, stocks and/or bonuses in private enterprise. Nothing you can say will make that suggestion politically palatable, Donald Bly. Zip… nada… nyet.

Not entirely sure about nationalizing the Fed Reserve either. Have to spend time pondering the twists and turns of repercussions for that. And frankly it’s hard to see my thoughts thru the steam coming from my ears at their very existence….

December 8th, 2009 at 10:51 pm
bigpapa
 23Reply to this comment  

Donald,

I’m not sure what you mean by “thinking outside the box”..

I recently was blessed with my second daughter… 22 years after my first..
I love my girls and I hate they direction of this country for them..

Yes,, we are less capable, yes we do not have the media, we do not have politicians who care for no one but themselves…
Yes, bitching and moaning and wishing here will serve no other purpose than to make us feel we “did our part”..
Even though it makes no difference….

You have a better idea??
I’m all ears…

December 8th, 2009 at 10:59 pm
 24Reply to this comment  

big papa, I hear ya on your beefs. Not sure if Donald Bly ever said, but I’ve taken him for a libertarian since first reading his comments. Lots of dreamers in that party and they live for good (and usually l…oooooo…n……g….) debate. Been there, done that. Gotta hand it to ‘em, tho. They never give up and always hold a glimmer of “hope” that this will be the year the party breaks out.

’tis an ugly truth that in order to seize power from the corrupt, you must corrupt yourself and roll in the mud with the nefarious to get there. Personally I believe the amount of honest and dedicated pols in Congress may be hard pressed to count on one hand. Opportunists all, and all beholding. If they’ve not shown their colors, it’s because they aren’t high enough in the food chain yet for them to be evident.

Thus why I’m not a big fan of unlimited terms. I’m not sure I see the value of non-consecutive terms either. Just gives them a lot of fund raising time inbetween, and then there will be no need for contributions while in office. They will just be paid in advance for their favors.

Personally I still like the idea of two terms max, then mandated into minimum wage servitude for two years before being able to utilize their power contacts or return to their usual and likely lawyer gigs.

yeah yeah… that’s a joke. No, make that my own dream. But think how delicious a dream it is. Visions of Pelosi and Reid behind Mickey D and Starbucks counters dancing in my head. LOL No WAIT! Pelosi as a Walmart door greeter! YES!

The purpose of this is, of course, to return them to the real world quickly, and nurture self humility they destroyed while wielding power.

December 8th, 2009 at 11:07 pm
Donald Bly
 25Reply to this comment  

@ MataHarley

I really like that 2 years of minimum wage servitude…. ’bout fell off my chair.
Pretty much voted Republican all my life… but they’ve been leaning too far left for me for quite some time now.

@ BigPapa

I’d rather think positively rather than negatively. Too much negativity will put you in an early grave.

Perhaps Jefferson was right and it will come down to armed rebellion. We can all hope that does not become the case.

Nancy Pelosi is proof that Botox kills brain cells.

December 8th, 2009 at 11:29 pm
yonason
 26Reply to this comment  

OUTLAW SEIU (and ACORN, of course)

I just went to sign a petition, and on the second page I noticed a box checked to “support SEIU,” which of course was an immediate red flag, so I aborted and did not finish submitting my signature (hopefully they didn’t get any info., though I don’t trust them at all).

So, I then went to check, and sure enough they (and some animal rights people, maybe PETA for all I know) are using the “Care2″ petition website to lure people into signing petitions, then using their information to pretend those people also support their causes.

Here’s what I found by someone else who got had by them.
http://refugeeresettlementwatch.wordpress.com/2009/01/21/unbelievable-obama-friends-have-stolen-my-email-say-i-support-them/

Hopefully this can get spread in order to expose what those damned parasites are doing!

December 8th, 2009 at 11:58 pm
Dr Carlo Lombardi
 27Reply to this comment  

How about a law that makes it mandatory for broadcast and cable networks to show a 5 minute clip of 9/11 before every top 20 rated show to impress upon mush -brained Americans that we’re at war.

December 9th, 2009 at 2:05 am
Mr. Irons
 28Reply to this comment  

I would be for a form of a National Trade Langauge law that strictly enforces all forms of print, media, commerical, and entertainment services in the market place to be in English only. Goods to be exempted would have to recieve State by State permission to publish their works within State borders by aquiring a Cultural license. Ironicly this idea is not mine, it hails from a friend visiting here in the States from Thailand of all places.

December 9th, 2009 at 2:44 am
URI
 29Reply to this comment  

Very well intended article.
Obama is going to be re-elected with all his radical croonies via Masive electoral fraud financed with our Stimulus money. Now, how are we going to stop that!
Are we going to need Russian hackers to unveil the hoax of the American elections just like GW?
We forget sometimes that we are dealing with Chicago Mobster style of government and they don’t go out quietly.
G-d help us.

December 9th, 2009 at 7:21 am
Chipset
 30Reply to this comment  

You forget a very important law:

All laws shall be instituted with a sunset date not to exceed 10 years.

Think of it, if the government is busy reviewing existing laws, they will be too busy to implement new ones unless absolutely necessary.

Thomas

December 9th, 2009 at 7:28 am
Donald Bly
 31Reply to this comment  

@Uri

I am glad that others are thinking what I have been thinking. These massive appropriations of taxpayer money have been engineered to provide the Obama Gangsters with a slush fund of epic proportions for use in perpetuating and expanding their hold on power.

WAKE UP AMERICA

December 9th, 2009 at 7:30 am
JustAl
 32Reply to this comment  

I would add one more:

The President, as commander and chief of the military will be held accountable to all rules, regulations and laws of the uniform code of military justice just as any other officer is. This would be in addition to being subject to all civilian laws, just as any other officer is.

December 9th, 2009 at 7:32 am
URI
 33Reply to this comment  

Donald,

About 3 million people should be in Washington D.C. right now and show these good for nothing politicians that we are against socialized healthcare.

When you have a Third world country President with his croonies, what can you expect?
Corruption and fraud in their veins.

December 9th, 2009 at 7:52 am
 34Reply to this comment  

This makes me dust off a couple posts I made in 2004 & 2005 re: Amendment ideas.

http://arbiterofcommonsense.blogspot.com/search/label/Constitutional%20Amendment%20Ideas

December 9th, 2009 at 10:02 am
yonason
 35Reply to this comment  

@URI:

INDEED!

December 9th, 2009 at 10:07 am
William Edwards
 36Reply to this comment  

The rule on limiting CEO pay is not anti-capitalistic in my opinion. Too often, these people are viewed as the owners of companies risking their own investments. In truth, they are employees and should be treated as such. If executive pay decisions were put to the stockholders, i.e. owners, the pay would come back into line with reality. These guys are replacable with plenty of well educated experienced people waiting in the wings.

This issue has been the result of anonymous stock ownership. I don’t know the ratio, but a lot of stock owned today lies in the hands of 401Ks, IRAs, pensions, mutual funds, and other grouped investments. I have no idea what I actually own. I can see some information, but not enough to impact corporate decisions. Unnamed managers of our accounts make those decisions with no ownership.

When these decisions are left up to the Boards of these corporations, it becomes a mutual payoff. Many of these people serve on the same multiple boards. “You vote me a raise and I will vote one for you.”

December 9th, 2009 at 10:18 am
FedUp
 37Reply to this comment  

The States need to step up and enforce their 10th Amendment! Also, All states should institute a recall procedure to be able to get rid of Senators like ARlen Specter instead of having to wait until his term is up (happily, that is next year!).

Enact a law that any law passed by Congress (such as the ubiquitous Hell Scare) should be mandatory for ALL federal, State and Union employees!

I like #5m however I think that Congress salaries should be on the ballot every two years. I am sick and tired of them giving themselves raises and COLAs while taking more money away from the people who need it.

No more franking privileges – they get an allowance, make them spend it on the post office – I hear there’s a 3 billion shortfall.

No more private jets – they can fly coach like the rest of us.

No more voting to give OUR money to other countries until we have helped the people at home first!

Any advisor to the prez – like the Czars – should be vetted or they do not get any gubmint funding. I don’t want my money going to the likes of Cass Sunstein, Holdren, Van Jones and the rest of the marxist cast of characters.

But, most of all, we need to VOTE THESE MORONS OUT OF OFFICE!

December 9th, 2009 at 10:29 am
Donald Bly
 38Reply to this comment  

@William Edwards

Thank you for making the case so much more eloquently than I was able to communicate. You have hit the nail precisely on the head.

I would not want to put such limitations on the privately held company because that would be anti-capitalistic.

There was a time in our history when corporate charters were of very limited nature. Not the way it is now where a corporation basically exists in perpetuity.

IE:
Average salary = $42,000 Max executive pay = 42,000 x 50 = $2,100,000
Average salary = $60,000 Max executive pay = 60,000 x 60 = $3,000,000
Move a factory to Mexico and reduce the average salary and see the following
Average salary = $10,000 Max executive pay = $10,000 x 50 = $500,000:

A standard statistic available when doing due dilligence is the Revenue per Employee number.

Talk about some happy employees… knowing that management will be much more likely to reward their efforts for adding to the bottom line if executive pay were tied to their salaries, the odds that per employee productivity would be increased would rise. This is of benefit for all the stakeholders.

Of course there would still be the board of directors to oversee that employee salaries were not being increased arbitrarily in order to simply increase executive pay. We’d have a better system of checks and balances.

Phil Condit of the Boeing company recieved a $1,000,000 bonus for overseeing Boeings first loss in 50 years.

December 9th, 2009 at 10:41 am
Donald Bly
 39Reply to this comment  

When this thread has been active for a while I will take all the suggestions and the posted rationale behind each and categorize the ideas for further discussion.

December 9th, 2009 at 10:46 am
 40Reply to this comment  

Despite all your good intentions, Donald, it is not the government’s job, nor Constitutional power, to enforce how a private corporation structures their salary, bonuses or dividends. Nor is it appealing for you to pronounce judgment on what is too much for salary. Indeed, your own comment differs little from the Pelosi/Obama/Reid attitude that they should be the determining factor on what is “too much” compensation.

You are so completely wrong on solution, tho I understand your well meaning intent.

I suggest you simply start your own corporation, and run it that way. However you, nor anyone outside of the specific corporation’s board and stockholders, should be dictating to other corporations how to run their business.

December 9th, 2009 at 11:10 am
Donald Bly
 41Reply to this comment  

All federal legislation must pass judicial review by the court sytem before said legislation becomes effective.

We’ve put the burden on the individual to fight unconstitutional laws passed by our congress. Constitutionality should be determined before any citizens rights are deprived through the enforcement of an unjust law.

December 9th, 2009 at 11:17 am
 42Reply to this comment  

All federal legislation must pass judicial review by the court sytem before said legislation becomes effective.

Doesn’t work that way, Donald. You can, however, get an AG opinion on such proposed legislation.

Courts, however, address specific events as it relates to the language of the law. And most of these piss poor bills leave holes large enough to drive a truck thru when they delegate implementation, rules and regs to existing or newly created federal agencies.

December 9th, 2009 at 11:23 am
Donald Bly
 43Reply to this comment  

@ MataHarley

I realize that “it doesn’t work that way”. That’s the point of this thread. What if it did? These “ideas” might not be applicable under the way our system currently works, it might take constitutional ammendments rather than just legislative action.

The title of the thread is “Laws I’d like to see” not “Legislation I’d like to see”

December 9th, 2009 at 11:28 am
Donald Bly
 44Reply to this comment  

@ MataHarley

My arguement concerning Corporations centers on the fact that Corporations are an artifcial construct; an entity created by law, that is currently regulated by government. Corporations have no constitutional rights not even the right to exist.

Unlike the Pelosi, Reid, Obama method of directly dictating compensation I am advocating that executive pay still be determined by the corporation itself within certain MAXIMUMS. 50 is an arbitrary number…. perhaps the MAX should be 100x but the board of directors of said corporation might set for their executives a number like 25x.

December 9th, 2009 at 11:41 am
 45Reply to this comment  

Then count me adamantly against such an amendment, Donald (INRE comment #45). We can’t have courts making up various scenarios, guessing as to what agencies will determine as regulations prior to such events. Talk about an unruly court docket….

This is a function of the AG’s office now. It should remain so, IMHO.

Now, back to your “fair compensation” arguments. The only way for what you’d “like to see” is to create a formula for “fair compensation” via law. Slippery slope indeed. And why should elected officials be granted unConstitutional powers to determine what is “fair” and how a business should structure it’s payroll compensation?

Again, we have civil courts for such disagreements that can be brought by the affected parties. At that time, a judge would decide if something is unreasonable for a particular circumstance. That, however, generally results in enriching class action trial lawyers only.

However you cannot legislate/law “fairness” without unConstitutional intrusion any more than you can legislate/law hate out of the heart of man.

December 9th, 2009 at 11:44 am
 46Reply to this comment  

INRE comment #46: Actually, Donald, you are in error. Corporations exist because of the various state Business Corporation Acts, and federal corporate law. They are, indeed, Constitutional in their creation acts either by Congress or state legislatures. Historically they used to be called charters, and have SCOTUS history back to the early 1800s. However here is an interesting walk thru history on SCOTUS and federal court corporate decisions. One will note that not one opinion deemed a corporate entity as an unConstitutional creation.

Even more interesting is the somewhat bizarre definitions of a corporation when contrasting the 1968 opinion that corporations were not “citizens”, but in the 1882 San Mateo Railroad case, the robed ones in the 9th Circuit did find that corporations were “persons”.

Corporations – while somewhat fictional in ownership nature – are legally granted charters which do indeed have owners called stockholders, whose interests are determined by their stock shares. Since corporations require at least one owner/stockholder, and have no upper limit, it is not a faceless entity. Thus it is a business owned by the entirety of stockholders with varying amounts of voice via their stock holdings. Rather like getting real estate vested in the names of unrelated persons with percentages stipulated.

In fact, as it relates to US debt, the nation is actually legally defined as a “federal corporation”. And, in fact, Congress only has the Constitutional power of corporation creation as it relates to banking, which is why the federal banks are a charter, or a “corporation” as such.

Thus it tromps mightily on state’s rights and their corporate laws when you suggest they have no right to exist… as that is essentially a state’s decision. And last I knew, state’s rights were very Constitutional.

Unlike the Pelosi, Reid, Obama method of directly dictating compensation I am advocating that executive pay still be determined by the corporation itself within certain MAXIMUMS.

You are still missing your own point. How is this good intent enforced but by a law on the books somewhere? i.e. this can only be accomplished via a law that says the stockholders may determine their own CEO financial benefits (which they probably already have the right to do in some form, even by selling their holdings and walking out financially…), but there must be a “maximum” cap.

No matter how you look at it, it’s a law that affects what stockholders may do with their own financial entity. Otherwise it’s a nice little suggestion without teeth…. as it should remain.

December 9th, 2009 at 12:23 pm
 47Reply to this comment  

I liked this well enough that I expect to link to it in my blog posting tomorrow.

The only immediate idea of mine is to require that left over campaign funds would be used to pay down the national debt.

December 9th, 2009 at 12:23 pm
 48Reply to this comment  

@URI
About 3 million people should be in Washington D.C. right now and show these good for nothing politicians that we are against socialized healthcare.

—–

Another rally is scheduled for next week — Dec 15. We are making another “House Call” NC Tea Party is only one component scheduling the trip — join us!

December 9th, 2009 at 5:17 pm
 49Reply to this comment  

This post has been linked for the HOT5 Daily 12/10/2009, at The Unreligious Right</a

December 10th, 2009 at 3:27 am
pinger
 50Reply to this comment  

I think that the main omission in our Constitution was that our founding fathers had, indeed, not mandated term limits for our legislature. Of course, how would they know that people would some day live to be a hundred and want to stay in Washington until the day they died? The lack of term limits, I think, is the root problem of almost every last ill that has befallen our country.

My best case scenario would be two terms, lifetime, and that an ex-legislator would be denied by law the right to be an industry lobbyist for the same period of time that he/she was in office.

December 10th, 2009 at 5:20 am
Russ
 51Reply to this comment  

Any pay raises to members of congress must be voted on at the next general election. Three options will always be present on the ballot when congress asks for a raise:
1) Approve – Raise congressional pay by the percentage they asked for.
2) Deny – Give congress no pay raise.
3) Punish – Cut congressional pay by the percentage they asked for.

Senators will be limited to 2 consecutive terms (12 years), after which they may not be elected or appointed to the senate for a period of 1 full senate term (6 years)
Representatives will be limited to 4 consecutive terms (8 years), after which they may not be elected or appointed to the house for a period of 2 terms (4 years)
Any time accrued as a result of a special election or appointment to fill a vacated office shall be considered a full term if the office was vacated within the first half of the term (3 years for senate, 1 year for house)

Any member of congress running for a different federal office (house->senate, house/senate->president) must vacate their existing seat upon announcement of their candidacy.

December 10th, 2009 at 12:31 pm
Skookum
 52Reply to this comment  

Donald you have an ability to bring out great ideas from brilliant people, congratulations!

December 10th, 2009 at 3:28 pm
Donald Bly
 53Reply to this comment  

@Russ

Your three options in regards to congressional pay are great but the third option is brilliant.

I also really like your idea on vacating seats

Any member of congress running for a different federal office (house->senate, house/senate->president) must vacate their existing seat upon announcement of their candidacy.

December 10th, 2009 at 4:52 pm
Donald Bly
 54Reply to this comment  

@MataHarley

Of all the posters on this site… you are one of the most articulate of the bunch and your arguements are persuasive.

Do not read into my “suggestions” things that I did not write.

“All federal legislation must pass judicial review by the court sytem before said legislation becomes effective.”

Concerning the above you responded:

Then count me adamantly against such an amendment, Donald (INRE comment #45). We can’t have courts making up various scenarios, guessing as to what agencies will determine as regulations prior to such events. Talk about an unruly court docket….

I was not speaking of regulations but legislation. Perhaps I was remiss in not adding the words “for constitutionality” after “judicial review”.

The whole abrigation of responsibility of congress by delegating “the lawmaking” process to unelected regulatory agencies is another can of worms as evidenced by the recent theat of using EPA regulation in order to blackmail congress into passing cap and trade.

December 10th, 2009 at 9:37 pm
 55Reply to this comment  

I don’t believe I read anything into your suggestions, Donald. I understand you want the legislative concept reviewed prior to becoming enacted law, and I understand your intent is mired in good intent. Sounds so simple on the surface, yes? Most potential laws do, but unfortunately the repercussions are the devils in the details.

It’s as convoluted as witnessing one who wishes to feed the poor, donating food… only to find that some had allergic reactions, other got ill, and the donor of good intent finds himself being sued by those individuals as well as under prosecution for providing food not up to FDA standards. Know what I mean? Start from a place from the heart, and watch the intent explode into misuse and ill targeted prosecutions.

As I said, you cannot legislate hate from the heart of man, nor sanctify intent with laws created by flawed men. Nor can you substantially affect mankind’s behavior with laws. It only gives you recourse when they “misbehave” per a law’s standards. The Founders Constitutional intents were to prevent federal government from possessing the power to pass legislation designed to control an individual behavior.

Most legislation is merely a template – a bare bones concept that Congress then delegates to some agency to implement with the specifics. And it is generally within that implementation that the Constitutional boundaries are severely breached. Therefore it becomes somewhat of an impossibility for the Supremes to determine that the template, itself, is unConstitutional.

i.e. is intelligence interrogation unconstitutional? Holding an enemy combatant prior to charges? Or does that battle commence when someone questions the methods of interrogation used, or how long that combatant is held? Can the SCOTUS look at these issues and determine, in advance of actual implementation, each and every method to create a shopping list of dos and don’ts?

Yet this is, in essence, the burden you wish to place upon them. I, personally, think that would put us in a world of hurt… allowing them to create precedents without actual specific events. Precedents are a nasty piece of business that is nigh on impossible to rid ourselves of.

Tho I will say, in your somewhat utopian revisionist founding, if there were any single legislation that I would like to see your suggestion come to fruition, it would be universal health care. But even my own wishful thinking is tempered there, knowing full well that if they determined it to be “constitutional” using your method, any ensuing lawsuit that could break thru hasn’t a chance. You’ve thwarted it before it was ever introduced into the lower courts by that simple pre-enactment SCOTUS decision. Ugly… *very* ugly.

Thus, another glimpse into the unsurpassed wisdom of the founders and framers.

The EPA… yes, been planning a post on that one for days. Latest events on this attempted blackmail may just have backfired on the Oval Office occupant while the progressive Dems heave a deep sigh of relief. It’s an interesting twist and just may be a stellar illustration of my debate points with you here on this pre-enactment opinion making.

December 10th, 2009 at 10:24 pm
Donald Bly
 56Reply to this comment  

@MataHarley

Donald, you are in error. Corporations exist because of the various state Business Corporation Acts, and federal corporate law.

Yes.. I misspoke, I wish I was more capable in articulating my point of view or prehaps I just need to slow down I understand that Corporations are formed under the laws of various States, which regulate corporations in differing ways. IE: Some States require five founding members, other States require only one. Since the State can regulate such things as the number of individuals required to start a corporation and many other facets of their operation, it isn’t a giant leap to think that they shouldn’t be capable of setting some formula for executive pay also. My point about “constitutionality” rests in the Supreme Court rulling that you point out, defines them as a “person”, which I think is wrong, but then gives them all the rights of a person. They are artifical constructs and as such have no “inalienable rights”.

I think William Edwards in his post best describes why I think some sort of range for executive compensation would best serve the shareholders and the public in general

The rule on limiting CEO pay is not anti-capitalistic in my opinion. Too often, these people are viewed as the owners of companies risking their own investments. In truth, they are employees and should be treated as such. If executive pay decisions were put to the stockholders, i.e. owners, the pay would come back into line with reality. These guys are replacable with plenty of well educated experienced people waiting in the wings.

This issue has been the result of anonymous stock ownership. I don’t know the ratio, but a lot of stock owned today lies in the hands of 401Ks, IRAs, pensions, mutual funds, and other grouped investments. I have no idea what I actually own. I can see some information, but not enough to impact corporate decisions. Unnamed managers of our accounts make those decisions with no ownership.

When these decisions are left up to the Boards of these corporations, it becomes a mutual payoff. Many of these people serve on the same multiple boards. “You vote me a raise and I will vote one for you.”

Perhaps the idea of mandating such practices is naive. Maybe the better option is to practice the art of nudging by providing corporations that did have a maximum mulitplier designator for executive pay in their charters to receive an incentive.

How about a 75x multiplier = 50% reduction in captial gains tax and a 50x multiplier = 0 capital gains tax.

My opinions are not set in stone and I am fully aware that many people don’t think that the government should be involved in any way with regulating business. Unfortunately as William Edward pointed out, many of these same executives sit on multiple boards and compensation becomes an “old boy” network of quid pro quo to the detriment of stockholders, employees and consumers. I don’t think it would be a stretch to believe you might think that some of these executive compensation packages are obscene compared to what they actually contribute.

December 10th, 2009 at 11:19 pm
 57Reply to this comment  

I agree that William Edward articulated your point very well, Donald. That, however, still doesn’t make me agree with any of the concept of government involving itself in financial compensation within private enterprises.

Whether I agree that some packages are obscene (and I do, as a matter of fact) does not mean that what you or Edward suggests is Constitutional in it’s construct. Government is not the solution, as Reagan eloquently pointed out. Or perhaps put another way, just because you see what you consider a financial injustice does not mean “there oughta be a law….”

Now, go back to the “incentive” latest suggestion. So who in the corporation gets the incentive rebate? Or are you going to add another law that tells them how they are allowed to use that rebate?

Again, I say, you cannot legislate behavior in men. And that includes greed.

December 11th, 2009 at 12:09 am
Donald Bly
 58Reply to this comment  

A corporation that opted to include a maximum mulitplier for executive compensation in their charter would leave the matter in private hands. The incentive of capital gains reduction/elimination would accrue to the stockholders.

This would then be a matter of free will for all concerned.

If government took a completely laissez faire attitude concerning how businesses are run or how people invest their money, why bother having the SEC?

December 11th, 2009 at 12:48 am
pinger
 59Reply to this comment  

A year ago had this string, somehow, suggested that the federal government had a lick to do with the amount of compensation paid to company employees–public or private–the conversation would have gone something like, “What, are you crazy?” Now, the concept is spoken of as if the government actually has a “right” to regulate same providing certain guidelines are met. It doesn’t. It’s a slippery slope we are on and it’s vary unsettling….like most of the other attempts at power grabbing that are now occurring in the seat of power.

For the most part, the fact that this discussion thread was conceived, I think, is only because our wonderful 535 over time (and of late 535+1) have diluted our Constitution to such a degree that we barely recognize many of the original tenets therein (separation of church & state?????). Many of the thoughts on this thread are great ideas (probably when massaged, all of them)….but they are mostly “band-aids” to fix symptoms that has arisen due to the fact that our legislators down through the years–in the case of many of them, well intentioned–have continued to address one perceived problem and in the process created ten more, which have in reality trashed (the disease) the founding document. Our laws, therefore, problems, continue to grow exponentially and we find ourselves in the midst of a looming storm.

Our current situation is Washington, i.e, the ongoing battle of the Founders vs. the trashers, reminds me of the old story of the five caged primates being sprayed by cold water whenever they reached for a banana (http://www.wowzone.com/5monkeys.htm). The moral being, “it’s done this way because we’ve always done it this way.” And new monkeys come every two years.

Since it’s become stylish in Washington for many of the 535 to ignore the wishes of the people, perhaps we can actually solve some of our problems (treating the disease instead of the symptom) by a flurry of national referendums that will put the trashers back in their rightful places through constitutional amendments. I guess to do that, though, there needs to be enough people who actually want the real America back.

December 11th, 2009 at 4:41 am
Red 73
 60Reply to this comment  

EXCERPTED FROM USA TODAY:
“Federal employees making salaries of $100,000 or more jumped from 14% to 19% of civil servants during the recession’s first 18 months — and that’s before overtime pay and bonuses are counted.
Federal workers are enjoying an extraordinary boom time — in pay and hiring — during a recession that has cost 7.3 million jobs in the private sector.

The highest-paid federal employees are doing best of all on salary increases. Defense Department civilian employees earning $150,000 or more increased from 1,868 in December 2007 to 10,100 in June 2009, the most recent figure available.

When the recession started, the Transportation Department had only one person earning a salary of $170,000 or more. Eighteen months later, 1,690 employees had salaries above $170,000.”
Now that congress is suggesting that doctors cut their income and medical devise manufactures cut their gross revenues, and pharmaceutical companies also cut their incomes, and hospitals also drop their incomes how about government employees take a 5% cut in pay for a two-year period? Just two years.

That would include senators, congresspersons, their staffs and all non-military personal.

Congress is great at cutting everyone else’s income show some real leadership, cut your own.

I just emailed the above to my congressman and one senator, before reading this thread.

***

@Donald Bly

By its very nature politics is a very messy business, and in the end we are all dependent upon men and women doing the right thing for their constituency. No matter how many new rules, laws, or regulations you pass we come down to men and women doing the right thing.

If you become too specific you tie yourself in a knot, too loose and the bad apples run amuck. In the latter instance the “good apples” are supposed to reign in the “bad apples,” but in our current situation the whole barrel seems rotten. And that is why we have elections. Unfortunately, the wait between them is maddening, but blogs like this one give prospective candidates, incumbent or otherwise, food for thought and indicate what the people are thinking. And right now it ain’t pretty.

I wonder if any of the incumbents read these, or do they just go about their merry way talking to each other?

December 11th, 2009 at 10:24 am
Red 73
 61Reply to this comment  

@Donald Bly

By its very nature politics is a very messy business, and in the end we are all dependent upon men and women doing the right thing for their constituency. No matter how many new rules, laws, or regulations you pass we come down to men and women doing the right thing.

If you become too specific you tie yourself in a knot, too loose and the bad apples run amuck. In the latter instance the “good apples” are supposed to reign in the “bad apples,” but in our current situation the whole barrel seems rotten. And that is why we have elections. Unfortunately, the wait between them is maddening, but blogs like this one give prospective candidates, incumbent or otherwise, food for thought and indicate what the people are thinking. And right now it ain’t pretty.

I wonder if any of the incumbents read these, or do they just go about their merry way talking to each other?

I just emailed this to my congressman and one senator, before reading this thread.

EXERPETED FROM USA TODAY:

“Federal employees making salaries of $100,000 or more jumped from 14% to 19% of civil servants during the recession’s first 18 months — and that’s before overtime pay and bonuses are counted.
Federal workers are enjoying an extraordinary boom time — in pay and hiring — during a recession that has cost 7.3 million jobs in the private sector.

The highest-paid federal employees are doing best of all on salary increases. Defense Department civilian employees earning $150,000 or more increased from 1,868 in December 2007 to 10,100 in June 2009, the most recent figure available.

When the recession started, the Transportation Department had only one person earning a salary of $170,000 or more. Eighteen months later, 1,690 employees had salaries above $170,000.”
Now that congress is suggesting that doctors cut their income and medical devise manufactures cut their gross revenues, and pharmaceutical companies also cut their incomes, and hospitals also drop their incomes how about government employees take a 5% cut in pay for a two-year period? Just two years.

That would include senators, congresspersons, their staffs and all non-military personal.

Congress is great at cutting everyone else’s income show some real leadership, cut your own.

December 11th, 2009 at 10:30 am
Donald Bly
 62Reply to this comment  

@Pinger
Yes, you are right, many of these proposals are nothing more than band-aids meant to deal with the open sore we call congress. But sometimes band-aids will prevent an open sore from becoming a fatal infection.

I”m on board with the idea of national referendums.

But that was the purpose of this thread. To illicit suggestions on ways we might “take back” America. Even I think some of my proposals are a bit radical, I have some really radical ideas that think could do wonders for the nation but alas, I don’t want to have a decent discussion ruined by a sense that the loons are loose, requiring me to spend an inordinate amount of time having to defend my sanity.

But then again, what our founding fathers proposed was radical for its time and I’m willing to bet that many in Great Britain thought they were insane.

December 11th, 2009 at 10:53 am
Donald Bly
 63Reply to this comment  

Private Property rights in America are a myth. “Owning property” is an illusion when in fact all you can do is rent the property from the government with rental payments masquerading as property taxes. Therefore I’d like to see:

Real estate shall be exempt from property taxes when said property is free of all mortgage encumbrance.

Let government find some other way to fund themselves. At some point the American people need to know that they can be “secure in their homes” without having to worry about being taxed out of them. This would be a huge plus for seniors on fixed incomes. This might also act as an incentive for individuals to quit using their homes as a piggy bank to fund irresponsible consumer spending. Of course the choice would still be theirs…. carry a mortgage and you are subject to property tax. Pay off your mortgage and rid yourself of the property tax too.

December 12th, 2009 at 11:10 am
B-Rob
 64Reply to this comment  

@ Donald Bly –

OK . . . I’ll bite: no real estate taxes on unencumbered properties. Ok.

In my state, real estate taxes go the locality, which uses them to fund local goverment, fire, and police. Some of the taxes go to the school district where the property is located. So exactly where are the loaclities and the school district’s going to get money from under your plan? Higher income taxes? How is that better?

And why should property owner A get free police and fire protection, while property owner B has to pay for his? What does a mortgage have to do with anything? How does that justify the difference in treatment? Why should garage owner A get a competitive tax advantage over garage owner B because he has no mortgage . . . an already lower cost structure? That is socialism for the well off at the expense of the less well off. How does that make any sense?

Does a personal loan to the property owner, secured by a lien on the property, count as a “mortgage”? If not, then everyone will use that form of financing and have everyone else pay for their fire and police protection.

And do you think the tax rates will have to increase on the property owners who have mortgages, since they have to pay for fire and police for the other property owners? Yes, they will. Because the cost of fire and police will not change when a property is not mortgaged; only the revenue stream will change, and that will be a decrease.

Your plan, in short, is stupid and not well thought out.

December 12th, 2009 at 11:54 am
Donald Bly
 65Reply to this comment  

@ButtRob

As I stated….

Let government find some other way to fund themselves.

Might give local government officials something to do!

December 12th, 2009 at 12:34 pm
 66Reply to this comment  

Take a breath… I’m going to have to side with billy bob here. Tho again his presentation is crass and vindictive. With that, I take exception… again. But then that’s common for his commentary.

Donald, INRE:

“Owning property” is an illusion when in fact all you can do is rent the property from the government with rental payments masquerading as property taxes.

Nary a semblence of truth there, Donald. Barring the increasingly intrusive eminent domain laws and rulings of late that seize property under questionable intents, you are free to develop your land as you choose, within zoning regulations and building codes parameters. Your “rental” analogy is better applied when considering homes in state or national forest lands with long term leases, or similar homes on community trust lands.

Equating property taxes as “rent” is a farfetched leap in concept considering vested title/ownership of said land. Even being in the arrears in property taxes doesn’t result in land seizure, but will result in a recorded lien or judgment against the real estate that must be paid upon any transfer in title vesting. The lenders holding the mortgage will simply pay the taxes and revert your loan to a PITI payment to ensure future taxes are paid timely.

On the flip side, don’t pay your rent and you’ll find your butts and belongings parked on the sidewalk, according to the notification terms found in various tenant/landlord state laws.

Expanding on the somewhat bizarre view of property taxes as rent begs to request how, in your view, *any* tax is different than “rent”, so to speak. Taxes on automobile purchases perhaps? Do you not continue to pay fees for registering your vehicle? How about food or retail products? Do you, or do you not “own” such items despite the taxes? How about recurring income taxes… again “constitutional”, those we may all question the percentages and use of those funds.

SCOTUS has held that both federal and state governments have the right of eminent domain, one of the four rights government retains in land for revenue collection (i.e. property taxes, eminent domain, police power aka zoning/codes, and escheat). This revenue stream goes back to feudal system days.

Taxation, like it or not, is Constitutional… within reason. Localities, as billy bob points out, have responsibilities for community services that are shared by all… save renters. In their case, their landlord covers their portion for services by his/her vested ownership. Were you to be more just in your idea of property taxes, you might well be asking why only those with real estate holdings are supporting those without assets.

The general answer to that is it was considered that those affluent enough to afford real property assets were in a better position to contribute to the community services. It might also be pointed out owners have more to lose in their assets without fire and police protection. The real property loss far outweighs the personal property loss for a renter (speaking in terms of “stuff”, not emotions, of course)

billy bob is also correct that where the financing comes for acquisition of real estate has no bearing on property taxes. Lenders hold a trustee deed, but do not have any of the remaining bundle of rights (excluding the four outlined above), still held in fee simple, qualified fee, life estates or other means of vesting by individuals…. save thru foreclosure.

INRE government finding other ways to fund themselves, what would you suggest they do for community services and shared assets (roads, infrastructure etc). Throw a bake sale?

Taxation at all levels of government is Constitutional, again within reason. We can debate the methods and implementation of taxation, but certainly not the need for the revenue stream for commonly needed services.

December 12th, 2009 at 1:30 pm
Donald Bly
 67Reply to this comment  

A few years ago I was bored enough to watch a CSPAN episode covering a Governors Conference and the issue was how to get property tax levies passed. Solution – Exempt those blocks of voters most likely to vote against such measures from having to pay the tax. I guess that’s representation without taxation. I was appalled.

I’m not in any way discounting the governments right to levy taxes on property.

My target isn’t all property but rather real-estate, thus the connection to the “mortgage” which would also mean that there wouldn’t be a mass exodus from the current property tax rolls as I doubt too many people could simply pay off their mortages tomorrow, allowing our local elected officials to come up with something a bit better than “hold a bake sale” to fund the services that are a necessary part of government.

The common thread I see in the rebuttals to any “food for thought” suggestion here is that the system is what the system is and any thinking outside of the box is simply an exercise in futility because there are no new ideas under the sun that could possibly be of any benefit. The system is already perfect in its current incarnation.

December 12th, 2009 at 1:53 pm
Donald Bly
 68Reply to this comment  

A one sentence “idea” doesn’t lend itself well to details.

But one detail of this proposal would be that it applied only to residential property and not commercial property.

How many senior citizens whom have paid property taxes for 30 years, are now on fixed incomes have property tax assessments greater than their original mortgage payments? Oh those wealthy homeowners, how dare anyone suggest that they might not have already shouldered their share of the burden for roads and infrastructure long since built and paid for by their property taxes.

December 12th, 2009 at 3:32 pm
 69Reply to this comment  

Now, Donald, I did agree that debate over tax percentages were fair game. But certainly not abolishing property taxes for local and state revenue.

INRE your senior citizens comment…. I’m actually wondering why you just confine it to senior citizens? Surely this isn’t a “for the children” type ploy, eh? tsk tsk. Now don’t you be resorting to progressive/Alinsky playbook rules, guy. You’re way cuts above that one.

Fact is I think property taxes should be reassessed often. However that works well for consumers when the property values drop, but is a real bear in a bull real estate market. Because all that costs the state money, the standard practice is to require each individual to petition the tax assessor’s office for a re’do of assessed value. At this time, it’s not only senior citizens, it’s everyone. Taxes are extraordinarily high for declining market values.

Here in Oregon, for example, they raise property taxes 3% every year because they can. One of those “well intended” ideas that the population passed in a referendum that said the state legislature couldn’t raise their property taxes more than 3% in a year. So how’d the bozos in Salem respond? They raise them 3% annually, no matter what the market. Hey… they’re just doing what some “well intended” referendum suggested.

This is the problem with most of the ideas I see you’ve presented. They are simply a Pandora’s box, or as you say, a band aid to the real problem. The cure isn’t more regulation to cure bad regulation and law. It’s to force a Congress to revert back to founding priniciples and strip away the power they’ve absconded in ever increasing increments since the New Deal.

Thus my tongue in cheek suggestion that for every new law enacted, five must come off the books. It’s time to start house cleaning the Congressional Library book of rules. And perhaps we should start being proactive using the progressives biggest tool… lawyers and the courts. ala start challenging some of these powers in class action suits until we start making a dent.

December 12th, 2009 at 7:10 pm
 70Reply to this comment  

Donald, just a thought on this:

The common thread I see in the rebuttals to any “food for thought” suggestion here is that the system is what the system is and any thinking outside of the box is simply an exercise in futility because there are no new ideas under the sun that could possibly be of any benefit.

I have great aversion to “thinking outside the *Constitutional* box”. I believe the difference between you and I is you believe you can improve on the founding principles… which is the way we got to this clusterf*#k to begin with. Me? I think the founders’ simplicity and strict limitation of powers cannot be improved upon, and that we need to be stripping away all these revisionist “improvements” that came from “out of the box”, social justice intentions.

December 12th, 2009 at 7:15 pm
Donald Bly
 71Reply to this comment  

The cure isn’t more regulation to cure bad regulation and law. It’s to force a Congress to revert back to founding priniciples and strip away the power they’ve absconded in ever increasing increments since the New Deal.

Any suggestons on how to accomplish such a task?

I think the founders’ simplicity and strict limitation of powers cannot be improved upon, and that we need to be stripping away all these revisionist “improvements” that came from “out of the box”, social justice intentions.

Does that mean we should abandon the contitutional ammendments passed since our founding or is it possible that there are improvements that can be made and the reason that our Founding Fathers in their great wisdom gave us a mechanism to do just that?

If there are improvements that could be made, isn’t a good place to start, the debate process?

December 12th, 2009 at 7:34 pm
Donald Bly
 72Reply to this comment  

Maybe more and more foreclosures is a good thing, then of course we’ll have a higher percentage of people that own nothing and pay no property tax but still vote on the right to tax those that do own property. I’m sure liberal local government officials seeking to expand the role of local government would jump for joy.

If I’m not mistaken voting was once limited to property owners and who could vote was left up to the states. It wasn’t until the 1830’s that property requirements were abolished. It wasn’t until 1868 and the 14th ammendment before every male 21 and older got the vote. And not until 1920 and the passage of the 19th ammendment that women were given the right to vote. So let us strip away all of those ammendments and get back to what our founders wrote into the constitution in their infinite wisdom…. Those pesky revisionist constitutional ammendments that did address social injustice must go. What say you? Oh.. you’ve already answered that in your previous post.

we need to be stripping away all these revisionist “improvements” that came from “out of the box”, social justice intentions.

December 12th, 2009 at 8:04 pm
 73Reply to this comment  

Donald, that’s a rather blanket assumption, alluding that I wanted to discard all amendments. Certainly there are those I agree with… specifically those that clarified the original principles of freedom and pursuit of happiness to all citizens… i.e. voting rights and prohibition of discrimination based on gender or race.

There are others that started the assumption of powers never intended. Prohibition, the 18th Amendment, for instance and it’s repeal in the 21st. A stellar example of nanny “good intent” far beyond the scope of the Founders. Nor am I fond of the 16th Amendment, expanding the powers of taxation.

The revisionist improvements that I genuinely object to are the delegation of powers that Congress assumes when it tasks sundry agencies for implementation and specifics/details of their laws. A great example of this is what is happening with O’healthcare. Devil in the regulation details. It is in these agency regulations that the questionable acts of government overstepping it’s bounds come into play.

I might remind you of your own title to this post… “laws” you’d like to see. Not Congressional… sorry, brain fart… *Constitutional* amendments. Amending the Constitution is not an endeavor I believe should be taken lightly. There has only been 33 proposals in our history, of which on 27 have resulted in ratification. Yet our Congress averages (if you believe Wiki) around 200 attempts annually to “improve” our foundation – most of which never make it out of committee (thank heavens…). This means that the idea that “debate” doesn’t occur on Congressional “improvements” is quite mistaken.

However most of the proposals you have yourself cited, most especially the reference to property taxation, provide yet another “band aid” or abuse of a Congressional power, achieved by a very liberal interpretation of a Constitutional amendment.

Which brings me to your “any suggestions”, comment. I made my suggestion. Our system allows for laws to be challenged in our court system. Surely you don’t believe that Congress is simply going to change their mind and yield their increased powers. A perfect example of this is the ACLU/Gitmo assault on the DTA and MCA.

It’s an expensive proposition and highly unlikely to be handled by anyone with their eyes on their wallets first. It is, however, the singlemost effective way of slapping Congress down. If you have the bones for a good enough oral argument before SCOTUS to attack the very foundations of a law… i.e. is government health care mandates Constitutional… that precedent comes in very handy for other similar assumptions of power. And it starts clearing da sheeeet off the books.

December 12th, 2009 at 8:47 pm
 74Reply to this comment  

BTW, as a tidbit of history, the 19th Amendment, women’s suffrage, became necessary for the reference to punish any denial of suffrage to “male” inhabitants in the 2nd clause of the 14th amendment. Prior to that, women were never prohibited the vote by any language in the Constitution or the Bill of Rights / original ten amendments. At that time, it was just a societal given.

However the specific gender language in that amendment actually resulted in the Constitutional denial of of the vote to women for over 50 years. Prior to that, were there a male barrister inclined to take such an unpopular case thru the system, it would have been hard pressed to find legitimacy in that denial prior to the 14th.

December 12th, 2009 at 9:12 pm
Donald Bly
 75Reply to this comment  

I might remind you of your own title to this post… “laws” you’d like to see. Not Congressional amendments.

Last time I checked, the Constitution was the highest “law” of the land. The title did not exclude the Constitution. I do not take modifying the highest law of the land lightly either and merely making “suggestions” will never alter the fact that it takes a great deal to change the document.

As much as I’d like to have the faith in our court system that you do, it is often that very court system through activist judges that has usurped our freedoms and infringed on the rights of congress. How many generations must live under the tyranny of unjust and unconstitutional laws before a challenge to such laws winds its way through the court system at a cost that would be out of reach to the ordinary citizen. When I “suggest” that legislation be reviewed by the court system for constitionality before it goes into effect, you claim that such an action would clog the docket. Nothing I suggested would preclude the individual from further challenging the constitutionality of legislation on a case by case basis based on the actual enforcement of such legislation. My suggestion would merely create a precursory check on legislative oversteps.

Perhaps we are both deluding ourselves. As you state, it is a very expensive proposition to seek redress through the courts and maybe only the interests of the uber rich will ever be addressed. On another thread, there is a situation concerning bussing and the issue has dragged for 30+ years through the court system and this is not unusual. The cost I believe was in excess of 260 million dollars.

Buying influence and congressional elections might seem cheap to the special interests. My first 3 suggestions in the original post were designed to look at that injustice. Were they perfect solutions, maybe not, but they were a point from which to begin debate. Do you honestly think that congress itself would even consider debating such measures? We now have the executive branch, bribing congressmen/women for their votes with the recipients bragging about the price which they recieved. There is a cancer in our country which I believe is in part a function of having an elected nobility that utilize the power of incumbency to create the most lopsided enviornment from which they can perpetualize their grip on power.

The Constitution says we have the right to property and that the government has a right to tax property, but when written only property owners could vote. Ben Franklin in his wisdom said “When the people find they can vote themselves money, that will herald the end of the republic.” Our system has exempted so many from the payment of taxes and the voters have elected so many that are willing to buy their votes with payment from those that do pay taxes that I believe Ben Franklin’s statement is very near coming true.

But, on the other hand, would it be such a great injustice to allow people that have paid property taxes for thirty years to have their homes free and clear of any further encumbrances so that they might be able to live out their years without having to work till the very end of their days to pay for the right to live in their own homes without fear of liens on their property and the threat of public auction to pay such taxes?

December 12th, 2009 at 10:19 pm
Donald Bly
 76Reply to this comment  

Prior to the 14th Ammendment, the decision as to whom could vote was a matter left to the individual states. So yes, even here, we can see that the attempt to correct a social injustice that you have deemed worthy created another injustice. In fact until the 14th ammendment the Federal government had no power at all to determine who could or could not vote.

Getting it right is tough business.

December 12th, 2009 at 10:25 pm
Donald Bly
 77Reply to this comment  

Donald, that’s a rather blanket assumption, alluding that I wanted to discard all amendments.

Sorry if I made an assumption based on what you wrote specifically.

we need to be stripping away all these revisionist “improvements” that came from “out of the box”, social justice intentions (emphisis added)

December 12th, 2009 at 10:33 pm
Cylar
 78Reply to this comment  

2. No elected official may accept a campaign contribution of any kind while in office. (in regards to congress)

The “special interests” would still make contributions beforehand, and then expect the politician to do their bidding after being elected. This idea might water-down lobbying’s effects a bit, but wouldn’t eliminate it entirely. The ultimate campaign finance reform would be to simply force Congress back into compliance with the Constitution and eliminate its ability to conduct favortism in the first place.

7. Nationalize the Federal Reserve Bank.

I thought it was already…?


8. No business is too big to fail and bailouts of private business entities shall be prohibited.

Fine, except when some corporation is having money problems that are a direct result of government intervention. I remember right after 9/11, Bush grounded all the airlines for a couple of days, and this seemed to be all that it took to put most of them in the red. (I couldn’t believe that they evidently had so little cash reserves.) The federal government proceeded to bail them out, and I don’t recall anyone, right or left, uttering a peep.

A. Executive pay shall not exceed a multiple of 50 of the average compensation of all employees.

No. Corporate compensation is nobody’s damn business. Remember, in publicly-traded corporations, top executives serve at the pleasure of the Board of Directors, who in turn are elected by the shareholders. If said shareholders feel that executive compensation is excessive, they can and will threaten the Board members over the matter. Evidently, Disney’s shareholders felt that Michael Eisner was worth 90 million a year, and they are the ones who own the company. Who are you and I to argue?

If executive compensation is threatening the company’s financial health and passing along excessive costs to its customers, they’ll walk and the company will suffer, at which point the shareholders will act. Have some faith in their common sense.

Private corp’s (pre-IPO’s and others who don’t offer their stock for sale) absolutely are not answerable to anyone other than their customers.

B. Executive bonuses/stock options etc. shall be be identical to the workers as a percentage of base compensation.

See above.

If the workers don’t like the deal they’re getting, they can walk. Companies have to compete with one another for talent, and must pay accordingly. Individual employees can negotiate salary and benefits at hire. Again, it’s not anyone else’s business.

Your heart is in the right place, but I think you’ve missed the mark on a few of these.

December 13th, 2009 at 12:24 am
Donald Bly
 79Reply to this comment  

@Clyar

after 9/11, Bush grounded all the airlines for a couple of days, and this seemed to be all that it took to put most of them in the red. (I couldn’t believe that they evidently had so little cash reserves.) The federal government proceeded to bail them out, and I don’t recall anyone, right or left, uttering a peep.

Bush’s actions would have been considered a “taking” if just compensation had not been provided. A taking has two elements. The depriving of a private entity of the use of their property and failure to justly compensate for said taking.

According to the Supreme Court, an unconstitutional taking consists of two components: taking of property and subsequent denial of just compensation. If a property owner receives just compensation through the process the government provides, the property owner does not have a taking claim. Id. at 194-95. Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172, 194 (1985).

2. No elected official may accept a campaign contribution of any kind while in office. (in regards to congress) in conjunction with 3. The number of representative shall be one for every 30,000 citizens. would force “special interests” to consider the potential payback of supporting a candidate that did not have the advantages of the power of incumbency and 9,000 representatives would really throw a monkey wrench into the special interest groups attempts to buy influence. They’d have to write an awful lot of checks.

The ultimate campaign finance reform would be to simply force Congress back into compliance with the Constitution and eliminate its ability to conduct favortism in the first place.

How do you accomplish this feat?

No. Corporate compensation is nobody’s damn business. Remember, in publicly-traded corporations, top executives serve at the pleasure of the Board of Directors, who in turn are elected by the shareholders. If said shareholders feel that executive compensation is excessive, they can and will threaten the Board members over the matter. Evidently, Disney’s shareholders felt that Michael Eisner was worth 90 million a year, and they are the ones who own the company. Who are you and I to argue?

If executive compensation is threatening the company’s financial health and passing along excessive costs to its customers, they’ll walk and the company will suffer, at which point the shareholders will act. Have some faith in their common sense.

Willima Edwards post provides the most eloquent rational for compensation limitations

The rule on limiting CEO pay is not anti-capitalistic in my opinion. Too often, these people are viewed as the owners of companies risking their own investments. In truth, they are employees and should be treated as such. If executive pay decisions were put to the stockholders, i.e. owners, the pay would come back into line with reality. These guys are replacable with plenty of well educated experienced people waiting in the wings.

This issue has been the result of anonymous stock ownership. I don’t know the ratio, but a lot of stock owned today lies in the hands of 401Ks, IRAs, pensions, mutual funds, and other grouped investments. I have no idea what I actually own. I can see some information, but not enough to impact corporate decisions. Unnamed managers of our accounts make those decisions with no ownership.

When these decisions are left up to the Boards of these corporations, it becomes a mutual payoff. Many of these people serve on the same multiple boards. “You vote me a raise and I will vote one for you.”

December 13th, 2009 at 8:48 am
Donald Bly
 80Reply to this comment  

@MataHarley

Thanks for the fiesty discussion on the Laws I’d Like to See thread. I’ve enjoyed the mental exercise immensely.

December 13th, 2009 at 11:39 am

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