Service

December 2, 2012

My distinguished elder M. T. Cicero hints that he thinks the posts this week were a bit heated.

Out of respect for his feelings I offer today’s post.  However I must wonder if we don’t have the pot calling the kettle black with him feigning fear of Brutus’ knife after he had the allegedly traitorous Cataline conspirators strangled, thus putting Roman citizens to death without a trial.

Some would say that Brutus simply imposed term limits on Caesar, the “dictator for life”.

Enough.

Is the Internal Revenue Service a service?  The guys at Oxford define it here.  Some would say that common usage makes it so.  Once again, precedent does not make principal.

Try calling the IRS.  They do have 800 numbers after all.  Tell them that you don’t think you want their service this year.

Then make room for the auditors.

We all know what they are.

The price of liberty is eternal vigilance.


Introduction

November 26, 2012

Brutus invited me to contribute to this blog, so I think I will give it a try.

Brutus has the ability to point to facts with the intensity of a laser thus shining a spotlight on an issue while  M. T. Cicero uses his amusing wit to help us think about what is going on.

I don’t think that I will write as frequently as Brutus. Nor do I intend to dwell on specific issues, at least initially. I want to start with how our politicos hijack words to mislead us.

Let’s start with “federal” as in the so called federal government.

The online Oxford dictionary today defines federal as “having or relating to a system of government in which several states form a unity but remain independent in internal affairs”.

During the ratification process of our Constitution there was a fear that the United States government would crush the state governments.  Indeed the “supremacy clause” stated “This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding”.  Some people thought that “made in pursuance thereof” protected us from laws that were not to be allowed under the Constitution.  Others knew better.

The fear of centralization became so widespread that the Tenth Amendment was enacted later.  It states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

At one time that government was federal.  The senators were appointed by their state legislatures.  Each state had two senators that were appointed to represent the interests of the state and it’s people.  The states had a say in what became law and who the high level officials were who ran the government and in international treaties.

That all went away when senators started being elected directly by the people (the 17th Amendment–1913).  Now the states have no say in the laws that are passed.  Our government is no longer federal.  The states are not independent in their internal affairs.

Call it “the national government”, “the government in Washington”, “the United States government”, “the central government” but not the “federal government”–because it is not federal.

Some would argue that common usage redefines the word and that the “federal government” is the one in Washington because that is what it is called most commonly.

Precedent does not make principle.

“Eternal vigilance is the price of liberty.”


Another Hidden Tax

November 17, 2012

The financial community spent some time this week looking at Walmart’s potential liability relative to possible violations of the Foreign Corrupt Practices Act.  Some have come to believe that Walmart will probably be put in a position where they have to pay a substantial fine to the United States.

We see a lot of fine paying today.  The problem that I have with it is that you and I (the consumers) are in reality the ones paying the fine.  The Department of Justice or the Securities Exchange Commission or some other agency wrestles a company to the ground and gets them to cough up a large sum of money for some sort of wrong doing.  The company pays the fine as though it is simply a cost of doing business.  The cost of doing business gets passed on to the consumer.

If our government wants to punish wrong doing it should not involve money that consumers end up paying.  Charge the stockholders?  That could be more fair in that they are the ones that hired management.  Sanction the company?  Maybe the government should negotiate a settlement where the company or the individuals involved  cannot participate in some activity for a period of time.  Fine the individuals?  That could be an option.  Put people in jail?  If humans can be proven to have broken the law, maybe so.  The problem with jail terms is that the government does not fight fair and many simply plead guilty to some lesser charge because they feel they cannot win against the government.

The problem with these fines is that you and I end up paying them.  That to me is just another form of tax.

I am not talking about reimbursement here.  If a company does financial harm to an individual or another company reimbursement may be in order, as long as the reimbursement goes to the party that was harmed.

The government now is little different than a bounty hunter.  They want the money.  Justice in government circles is pronounced “Just Us”.

We deserve better.


More No-Bid Spending

November 11, 2012

Tuesday’s City Council agenda has another bunch of no-bid purchases totaling just short of 1.2 million dollars on it (item 12B).

These are primarily for computers and related equipment that the City wants to “refresh”. With all of the other expenses related to moving City Hall I would think that they could hold off on this for a while, but it is possible that getting new equipment at this point makes financial sense. I won’t get into that argument today,

I do want to talk about how they are doing it.

Once again they are using a buy-board without soliciting competitive bids. Why? Favoritism? Laziness? Arrogance? Some of each?

What they should do is request competitive bids and then make the buy-board offer one of those that are evaluated. If after evaluating the offers the buy-board offers the best value the City should then buy
from it. Remember that market conditions change and that we might get a better deal today then we got when the buy-board contract was negotiated. That is how the Federal e-rate program requires it to be done. The City, County, State, school districts and other governments should do it the right way too.

We deserve better.


Marijuana Momentum

November 9, 2012

Voters in Colorado and Washington states passed measures to allow the recreational use of marijuana this Tuesday (Nov. 6, 2012).

Now evidently they expect a fight with the federal government since this would apparently be against federal law.  Based on the number of federal employees who make their living dealing with this, I suspect that indeed there will be a fight.

Putting aside the argument about whether marijuana should be legal or not, I do not see how this should be a federal issue.

States should be allowed to have their own policies on issues that are not clearly authorized to be federally controlled.

Possessing marijuana that you grow on your own property should not make it a commerce clause issue.  Maybe the federal people will use a different theory to justify their position.  Maybe they will rely on the commerce clause.  This issue is different from other commerce clause ones and will probably end up before the Supreme Court.