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Showing posts with label US Constitution. Show all posts
Showing posts with label US Constitution. Show all posts

Tuesday, February 16, 2010

Obama's Recession

Any discussion about who is ultimately responsible for the recession would not be complete without a clear definition what a recession is. In economics, a recession is a business cycle featuring a general slowdown in economic activity over a period of time; usually two fiscal quarters or longer. The other criterion for identifying a recession is an increase in unemployment of greater than 1.5%. It is clear based on the generally accepted criteria that the recession began under George Bush with the third quarter of 2008 showing a 2.7% decrease in GDP and the decline jumping to 5.7% in the forth quarter of 2008 and a corresponding increase in unemployment from 5.8% to 7.2% over the same period.

Except for the last two quarters of 2008, unemployment during the Bush administration had cyclically fluctuated between four and six percent just as it had during most of the Clinton administration. Clinton stepped into office with unemployment at 7.3%; remaining at or near that level until October of 1993. Of course the banking system was still generally believed to be in good shape then and since we found out that most of the deregulation that nearly collapsed the system had not occurred yet, it probably was. I find in curious that the real reduction in unemployment during the Clinton years did not take place until he abandoned his plans for healthcare reform. Apparently, the business community had the same reservations about the future of their profitability with Clinton-care as they do with Obama-care. While Clinton did not lower taxes, his advisors did convince him to reduce the capital gains tax and that made the risk of investment more palatable.

Obama has not enjoyed a reprieve from high unemployment because the threat of his agenda has kept the business community from investing in labor or expansion. The measly incentives he proposed to help small business during his State of the Union Address lost weight and credibility when juxtaposed against his assertions in the same speech that he intended to follow through with healthcare, cap and trade and the hair-brained scheme of debt forgiveness for student loans for anyone that could avoid paying them for twenty years (ten, if you were employed in the service of the government).

There is nothing in the President’s agenda that does not take from those that earn wealth only to be given to those that don’t and that is what is killing new job creation. In fact, it took all eight years of the Bush administration for unemployment to rise 3%; Obama nearly achieved that in his first year in office. The President may have inherited a large national debt, high unemployment and a sagging economy; but he did not inherit the agenda proposals that have made all of these indexes far worse. That agenda is all his (or at least, it belongs to whoever is pulling his strings).

For all the damage that his proposals have wrought on the economy and no matter how many people tell him that this is what has stalled business, he still intends to follow through. I haven’t decided if that is just stubbornness on his part or if these are the marching orders from his number one White House visitor, Andy Stern. I think it is fair to question his motives and when you follow the money and the intent of the people that are pressing heavily for these socialist programs like Andy Stern, some interesting things happen.

Obama has recently made some very impassioned speeches where he says that he promised healthcare would pass and that is exactly what he is going to do. Well, he promised to close Guantanamo Bay in the first year and it is still open. He promised transparency in his administration; that healthcare debates and meetings would take place on C-Span. Not only have the meetings on healthcare barred C-Span coverage but congressional Republicans have been barred as well. He said there would be no more back room deals and then offered $300 million to Mary Landrieu for her vote and only God knows how much for Ben Nelson. Bernie Sanders got billions for community health services but in all fairness, that was to expand national programs and not just those in Vermont. All of that money and more had been handed out in closed door, back room deals.

Obama also said there would be no middle class tax increases. Those of us that watch this nonsense knew that was a lie of semantics from the start. His plans and programs, not to mention the FY2011 budget, call for a whole host of new taxes on goods and services; taxes that will be passed on to you by the businesses they affect. He could stand firm on his promise of not taxing you directly while taking it from business knowing they were taking it from you. Now apparently he is going to make the same mistake George H.W. Bush made. Remember “Read my lips – no new taxes”? Bush reneged on that and Clinton never let you forget it during the campaign.

Now that Obama has blown through four years worth of Bush deficit spending in his first year in office, the nation is crying for fiscal conservatism. Fiscal conservatism for most of us in this country means cutting spending to live within our means. For a tax and spend Progressive, fiscal conservatism means making sure you have enough tax revenue to cover your planned spending. It was announced this week that the President is considering a middle class tax increase now that the Congress has passed “Paygo”. Paygo simply means Pay as you go; a mandate that Federal spending increases have to be offset by a decrease in spending elsewhere or an increase in taxes. So now, in a recession, the President wants to tax the middle class twice; once directly and then again by turning overtaxed businesses into tax collection middlemen. That is why they are trying to sell us on the notion that the recession is finally easing.

There was a modest gain in GDP and a slight easing of unemployment last month. Both of which are easily explained by the billions spent in stimulus money and the increase in government employment as they ramp up for the 2010 census. Neither of these small increases are the result of real economic growth and neither will be lasting. So now that he is planning to raise taxes to show his fiscal conservatism, where are the corresponding spending cuts? Well, the President of semantics has the answer to that too. He increased discretionary spending 25% in 2009 and will add another 20% in 2010 but he promises to freeze discretionary spending in FY2011. Mr. President that is not a spending cut; that is freezing your insane increases so they can’t be cut.

Early in the Twentieth Century, America had a similar crisis. After World War I, America was faced with a deep recession brought on mostly by huge increases in the personal income taxes imposed to pay for the war. By 1920 we had slipped into depression and unemployment had topped 12% but unlike this President, the drastic steps that were needed were actually taken. Congress halved government expenditures and slashed taxes to nurture the economy. The result was a period of unprecedented growth not seen since the creation of America and that brought the country out of depression within two years when unemployment had dropped to just over 3%.

Until there is a recognition that government is the problem and not the solution there will be no meaningful progress in spending cuts, debt reduction or economic development. If there is ever going to be an epiphany in Washington on this, it certainly will not begin with this President. If America can elect a Congress this November that can put an end to Obama’s agenda that will be a good start. They might even be coerced by an active and involved electorate to propose legislation to finally restrain the wasteful ways of Washington. The bad news is that unless those daring individuals are elected in numbers sufficient to override a Presidential Veto; that new legislation will have to wait until a responsible President can be elected in 2012.

None of this would be needed if Washington actually obeyed the Constitution and had not ignored the Tenth Amendment for the past hundred years. Tomorrow, we will discuss what our government would look like if we had a Federal Government that actually resembled the intentions of the founding fathers.

Paul

Tuesday, September 15, 2009

The Fifth Amendment

The Fifth Amendment to the United States Constitution.
Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

Many of the constraints placed upon the government by the bill of rights stem from English Common Law which itself, can be traced back to the Magna Carta of 1215. In fact, the phrases “Due Process of Law” and “Grand Jury” both have their origin in the Magna Carta. Part of those legal protections were discussed yesterday in the Fourth Amendment that prohibits unlawful search and seizure.

To arrive at matters covered by the Fifth Amendment, we can hope that law enforcement has fulfilled their obligation under the Fourth Amendment and enough evidence has been lawfully gathered to proceed to trial. Minor offenses of the law are tried at the local level, or at the State level for more serious charges. While the provisions of double jeopardy, due process of law and self incrimination apply to all criminal proceedings, the requirement for a Grand Jury only applies to special circumstances involving capital crimes or other Federal offences. Curiously, the rules of evidence gathering are not a factor in a Grand Jury hearing which may hear all evidence before determining if is there is cause to recommend indictment. It is only during the trial phase where the admissibility of evidence is actually determined.

Only the most grievous crimes and capital offences are tried at the Federal level and the Fifth Amendment requires a special process because of the severity of the punishments associated with crimes of that nature. Except in cases of military tribunals during a time of war, the Fifth Amendment requires that a Grand Jury be convened to determine cause to bring charges in a capital offence. The common thread that binds all of the amendments together is once again, a deep distrust of a strong central government. Since it was natural in early law to use the legal system to dispose of one’s political enemies, the founding fathers felt it was critical that the charges leading to a capital trial were well founded and appropriate. The use of a Grand Jury would then place a jury of peers into the process of determining if sufficient cause existed to pursue charges, thus preventing the abuse of governmental power from corrupting the process.

Double Jeopardy is probably the most confusing of the stipulations in the Fifth Amendment. “…nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb…” You may in fact, be tried multiple times for the same crime but not under the same charge. For instance, a person that has been acquitted of first degree murder may not be tried a second time for first degree murder. In rare instances however, if sufficient evidence of guilt exists, he can be subsequently tried for second degree murder or any lesser associated charge. This provision was evidenced in the trials of the officers accused in the Rodney King case. The officers were charged with use of excessive force with one of the officers, Sergeant Koon, also charged with willfully permitting and failing to take action to stop the unlawful assault because he was the supervisory officer on the scene. The 1992 acquittal of the officers resulted in the Los Angeles riots of the same year. After the riots, the Department of Justice reinstated investigation and obtained an indictment of violations of federal civil rights against the four officers.

The federal trial focused more on the evidence as to the training of officers instead of just relying on the videotape of the incident. As a result of the 1993 Federal trial, the jury found Officer Laurence Powell and Sergeant Stacey Koon guilty, and they were eventually sentenced to 30 months in prison. The remaining two officers were acquitted of all charges.

An acquittal by jury is final and may not be appealed by the prosecution. Also, acquittal by a judge is generally final and prosecution is normally barred from seeking an appeal in that case as well. However, in cases where a conviction by jury has been overturned by a judge, the prosecution may appeal that reversal if they feel strongly that the judge is in error. Double Jeopardy also does not apply in cases where a mistrial has occurred.

The Fifth Amendment also bars the Federal government from taking private property for public use without adequate compensation.

The most famous provision of the Fifth Amendment is of course, that a defendant in a criminal trial cannot be compelled or forced to testify against himself. Out of all the protections in the bill of rights I am sure this will survive as long as Congress does regardless of the political winds. After all, Congress has probably used this provision of law far more often than we have. At last count there were:

29 members of Congress accused of spousal abuse
7 members of Congress arrested for fraud
19 members of Congress accused of writing bad checks
117 members of Congress either directly or indirectly bankrupted 2 businesses
3 members of Congress have served time for assault
71 members of Congress cannot obtain a credit card due to bad credit
14 members of Congress have been arrested on drug-related charges
8 members of Congress have been arrested for shoplifting
21 members of Congress are currently defendants in lawsuits and
84 members of Congress have been arrested for drunk driving.

No, I am not going to claim that I am “holier than thou”. We are human and we all have our bumps, bruises and warts. I probably wouldn’t taken the time to point out these human frailties if Congress had not taken to acting as though they are the elite of society and have begun to blatantly ignored the laws they have written for the rest of us to follow. When Bill Clinton lied to a Grand Jury, did it really matter what question he lied about? The point is that he lied under oath and if he were not the President he would have suffered greatly for that. Wait, let me rephrase that...If he were the President and was not a member of the controlling party of Congress, he would have suffered greatly for that. But no, once again they invoked their elitist mantra that the ruling class is exempt from such frivolous exercises as obeying a law that was obviously meant for the peasants alone.

Some argue that his marital fidelity was not a matter for the Grand Jury and I could agree with that to a point. However, the laws regarding perjury are not followed by an asterisk that point to an exclusion for questions about personal relationships, or for that matter, sitting Presidents. If there is cause to believe that the alleged relationship may have been at least partly funded with public money or was the result of the abuse of power, then it certainly becomes a question that needs to be asked. The fact is Mr. Clinton not only lied, but he lied under oath and to a Grand Jury; that is inexcusable. He could have followed the lawful path and invoked his rights under the Fifth Amendment to avoid self incrimination. I just don’t think he could have used his country charm and boyish giggle with that one and that would not have appealed to a man like him at all.

Please join me tomorrow for more on the Bill of rights.

Paul