January 2011

My Buddy Neil (1/26/2011)

My buddy Neil is a great guy and well entrenched in his opinions as he is in his mid-70’s. One topic which always leads to vigorous, friendly disagreement is politics; as a senior citizen Neil enjoys and takes advantage of many of the programs offered him, like Medicare and Social Security. Overall, he feels entitled to benefits available to someone like him who worked hard all his life. I guess I can’t blame him, but I grew up being told social security would not exist when I needed it. In fact, it is now broke and taking in less money than payouts. Sadly, the government “borrowed” against the Social Security trust fund and there is nothing but journal entries reflecting what should be a solid program.

Meanwhile I, in my mid 40’s, feel like I carry the world on my back to produce and earn income, not only for my own family, but due to taxes for many other people too. Neil and I have conflict on what we see as the role of government. Last week we discussed politics: Obama, Fox News, Democrats and Republicans. In the course of conversation Neil commented he didn’t realize I write this column every week, thinking I was an occasional guest appearance. He challenged me, wondering about my position and I explained I try to hold a middle ground and this earned a respectable smile.

I quickly reminded him I don’t have cable television and therefore the opinions I write are original. He asked how I see the world, “left or right?” I replied I have realized during the last 70 columns I am a libertarian and my friend’s eyes opened wide whilst asking me to define myself further. Suddenly I found myself defending what I would call the anarchists view of libertarian politics. Instead, I explained my definition of libertarianism is quite easy, “we need nothing more than 7 of the 10 commandments and they serve as a guidebook for libertarianism.” In short, in the middle, I believe less government is good; I can make better decisions than anyone else can on my behalf, and we should not legislate against stupidity. As the “Man in the Middle” I try hard weekly to maintain a balance and offer original opinions and insights. By the way I sent Neil my last 70 columns and look forward to debating what he reads.

Together We Thrive?

Together We Thrive?
We must remember Rahm Emanuel’s words, “never let a good crisis go to waste” when examining our President’s speech last week. It is amazing the office of the President, for purposes of offering condolences to the families of six murder victims and 14 injured, could exploit the opportunity to start the 2012 Presidential campaign. Can you imagine planning a speech for a country dealing with a heinous massacre and yet giving thought to producing 13,000 Tee-Shirts with the political slogan, “Together we Thrive”? I am concerned so many feel willing to give the political establishment a pass, in fact admire them for tactless, grotesque behavior so obviously filled with self promotion over those they govern. I remain steadfast in my opinion that leader’s rise naturally by supporting and promoting their followers; not seeking the glory of the limelight or by utilizing and politicizing opportunities. What are the odds Congressman Giffords opened her eyes after President Obama’s visit, leaving him to announce it to the country? The news was delivered like a Sunday morning preacher telling his flock what they want to hear and consumed without suspicion regarding this questionable coincidence.

Sadly, the politicization of Tucson was unavoidable, and I am too young to make comparisons to similar assassination attempts like Reagan, Ford, Wallace, King, Kennedy, Malcom X, Truman, Long, Roosevelt F., Roosevelt T., McKinley, or Garfield. The reporting of such events prior to Kennedy was primarily via radio and newspaper, and Kennedy’s assassination brought us the immortalized words of Walter Cronkite, but without opinion and speculation. The common theme in all of these attacks trends as a mentally deranged individual acting independently, seeking attention and lashing out at society. Last week, there was no need for the President’s call to examine the discourse of self-governance, or to repeatedly mention a need to prompt reflection and debate. In short, a single, mentally ill man, Jared Lee Loughner killed six people and the wheels of justice will run him over and serve the appropriate sentence. In the meantime, the reporters and trusted news pundits should be held accountable for inaccurate reporting and we should be disgusted by the President’s abuse of a sad event. We the people should encourage our elected officials to steer clear of the politics and calls for limits on free speech and restrictions on guns; instead understanding there are sick individuals among our 300 million and the actions of one do not represent groups, beliefs, or politics.

Welcome Back

Welcome Back
The 112th Congress began last week and last Monday night I found myself watching C-Span replaying Rep. Nancy Pelosi’s inaugural speech to the 111th Congress. In January 2008 we were on the cusp of driving over an unforeseen cliff into financial armegeddon. Therefore I wonder if Ms. Pelosi’s speech was sincere in its lofty promises regarding spending. She did manage to accomplish many of her goals including the passage of national health care. However, her single biggest failure was the blatant spending, supporting increases and propelling the national debt higher by $5.3 trillion dollars. One can easily argue it was not her fault, the financial crisis created a historic problem requiring spending unprecedented monies.

This past November Ms. Pelosi was re-elected by the constituents of the ultra-liberal California Bay Area 8th district identifying gay rights, social programs, and government intervention as the solution to America’s problems. On the other hand, also welcomed back was Rep. John Boehner, Pelosi’s outspoken critic in the House and the new House Speaker. The 112th Congress comes to Washington with great expectations to generate jobs, protect our soldiers, and provide tax relief. Influenced by the Tea Party movement Congress started its session with a historic reading of the Constitution to remind members our founding fathers had a vision for a great republic, guided by fiscal conservatism, and relief from tyranny. I applaud the efforts to require all new bills cite the Constitutional authority given to Congress to enact it. With this citation the legislature would no longer spend many nay years awaiting the judiciary’s decision to overturn unconstitutional legislation.

Sadly it appears we remain at a crossroads in American politics as even a reading of the Constitution is called pompous theater by the likes of the New York Times. Regarding the 112th’s efforts, much debate will take place regarding the “Constitutionality” of their proposed actions, and only one man knows the intent of the Constitution although many consider that intent clear. I welcome back the members of Congress and hope they will look to Jefferson’s writings to protect our future, “Our tenet ever was…that Congress had not unlimited powers to provide for the general welfare, …was never meant that they should provide for that welfare but by the exercise of the enumerated powers, so it could not have been meant they should raise money for purposes which the enumeration did not place under their action; consequently, that the specification of powers is a limitation of the purposes for which they may raise money.” – Thomas Jefferson, 1817.

Tort Reform

Tort Reform

A discussion about nationalized healthcare cannot take place without mentioning tort reform. In essence, the thought is ‘reducing litigation or damages’ will reduce costs to healthcare. Of course, we could assume that would translate to all industries. Everyone remembers the lawsuit against McDonalds for serving hot coffee, spilled by the consumer. The initial amount of damages awarded was almost $3 million… and was eventually settled out-of-court for $600,000.

Similarly, businesses face threats of lawsuits daily from falls in parking lots or stores, misuse of products, or frivolous acts. A rampant industry of “legal theft” has been created by the television and billboard lawyers fishing for clients who may have an ailment never before considered, but with marketing and awareness suddenly thousands can suffer from imaginary problems, become part of a class lawsuit, and make money. The real winner is the law firm making millions in fees and taking a significant portion of the award.

Movies like “Erin Brokovich” and the many John Grisham novels/films have reminded us of the sympathetic need for our ability to litigate. In these blockbuster films the destitute win against the big, bad corporation and remind us they are evil and must be punished. In other parts of the world citizens cannot sue for millions and must bear the cost of legal fees when initiating a lawsuit and the defendant’s costs – should they lose. Neither method is perfect and creates unintended consequences. Americans appear frivolous and greedy in seeking justice and other countries appear to favor the big company over the individual.

Unfortunately we all face other consequences of our system. Imagine driving your car down Flagler Avenue and having a bicycle run into you. Several weeks later you may find a television lawyer serving you with a lawsuit. Regardless of fault, your insurance company will pay, not even argue the case, as the lawyer pursues an endless income stream from legal extortion. Similarly, a professional license is jeopardized by frivolous complaints and legal fees; to defend proper decisions can cost tens of thousands. Imagine the numbers professionals in the financial industry accused of “losing money” during the collapse of 2008-2009. Of course, the likes of Bernie Madoff permanently tarnished the reputation of those exercising due diligence.

Regardless of fault, a system of arbitration to bypass the expense of discovery should be established, especially on an individual basis. Principles costs money and often settlement to find personal peace through dismissal is a better option, but a feeling of admission of guilt is created when no guilt is present. “I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.” – Thomas Jefferson