Category Archives: Public Policy Principles News

Empathy and Sotomayer

blind-justiceToday the Senate confirmation hearings for Judge Sotomayer begin.  It is my hope these hearings will be closely watched by the American public and that people (both Senators and citizens) will make their own evaluations of her suitability based on her legal skills, her judgment, her character, and their independent assessments rather than filtered through the predisposed media or their personal political preferences.

A few months ago President Obama expressed his desire for a Supreme Court justice with empathy.  We first discovered his value of empathy as a virtue when as a senator he voted against the confirmation of Chief Justice Roberts by explaining that Roberts lacked empathy.  Empathy is to suffer with or feeling the same feelings that the person who is suffering is feeling.  It is to feel and appreciate what it is like to be in the other person’s shoes.  It is not just an understanding of what they are feeling but feeling what they are feeling.  Empatheia means in feeling, or physical affection, passion, partiality.  It blurs the line between self and others.  It’s feeling the emotional states of others or to be in tune with the other.  Some research suggests that people are more able and willing to empathize with those most similar to themselves.  It increases with similarities in culture and living conditions.  We are more likely to empathize with those with whom we interact more frequently (Levenson and Reuf 1997 and Hoffman 2000: 62).   The empathizer’s own emotional background may affect or distort what emotions they perceive in others.

Empathy became popularized through the psychological efforts of the humanist psychologist Carl Rogers who taught that psychological healing often occurs in the inner being of the client through the emotional caring bond created by the empathic relationship with the counselor.  This concept has been elevated in our culture to be a treasured virtue second only to tolerance in popularity.  I recently read a fund-raising letter from a former student now in campus ministry who boasted of the desire to train students in empathy.

But empathy is not a virtue.  Neither is it a vice.  It is a feeling and virtues are not feelings.  Virtues are ingrained character traits created by actions.  They are objective while feelings are subjective.  A virtuous person acts virtuously; she does not feel virtuous feelings.  Virtues are things like wisdom, courage, temperance, charity, or compassion.  These things are always acted out.  To be courageous one must do courageous actions.  This should be done regardless of the feelings one is experiencing.  Love is a virtue and must be acted out.  To reduce love to a mere feeling is to remove it from the realm of virtue.  Justice is a virtue of action which must be done regardless of how one feels.  One might feel empathy for a person being sentenced for a crime, but that feeling should not influence justice being done.  A person might feel empathy for a child molester who was molested himself as a child but he should still be punished and be faced with impartial justice applying the rule of law.

Historically justice has best been understood as applying the law fairly or practicing the virtue of impartiality.  That’s what it means to portray justice as blind. The law must be interpreted objectively not through subjective feelings.  This is what we need in a judge; this is what we need in a Supreme Court Justice.  Will Sotomayor practice impartiality?  Will she be swayed by empathy?  If so, this disqualifies her from the role of Supreme Court Justice.

Judge Sotomayor’s personal story is compelling and will be at the center of the hearings.  But to let story become the basis of legal suitability is a postmodern phenomenon and threatens the idea of the rule of law and the value of impartiality.

Dr. Mark Hamilton is an Associate Professor of Philosophy at Ashland University and Board Chairman of the Institute for Principled Policy.

Hamilton’s Curse- The Founding Father of Crony Capitalism

This entry is part 6 of 9 in the series Hamilton's Curse

GadsdenThis chapter review is being written on July 4th, after something of a hiatus. Not a hiatus from the work that the Policy Institute does but a hiatus from blogging caused by too much to do in the struggle for liberty and too little time to do it. As Christ said “The harvest is plentiful, but the laborers few.”

To the left is the flag that is on this author’s flagpole today. It is the Gadsden flag, an early republican naval ensign. In part that’s because of the flag’s symbolism. A coiled rattlesnake ready to strike was an early symbol of resistance to tyranny, something that is very relevant in today’s political climate.

What does this have to do with Alexander Hamilton? Everything, really. Hamilton was, indeed, a patriot as his military action in battles like the seige of Yorktown demonstrate. Unfortunately, he was also a brilliant and manipulative political strategist who believed that the United States needed to become an aristocratically led monarchy to achieve its destiny as a great empire. And his vision caused him to be involved first in bringing down the Articles of Confederation because they could not be made to conform to his vision of empire, then to rebuild the economy on the model of British mercantilism in order to create the capital necessary to build the empire. Just because a man is both a genius and a patriot, does not mean that he is automatically an admirable figure in a nation’s history, as the book demonstrates.

Dr. Thomas DiLorenzo chronicles the 7 decade struggle to make Hamilton’s economic system the adopted system of the United States and the many faces it wore during that period. It was a see-saw battle which saw Hamilton’s system advance and recede several times, mostly along regional and philosophical lines, before the War Between the States brought Hamilton’s system into use in the United States to stay (for now, at least).

One of the pillars of Hamilton’s system was “crony capitalism,” also called today corporate welfare. It’s modern supporters call the system “tax-financed subsidy.”Modern liberals claim to hate “corporate welfare” but this is a ruse and a political shell game. They are more than willing to supply “tax-financed subsidies” to businesses in the “green economy,” for instance and are more than willing to make revolutionary changes to tax structure to raise the funds for it. When it is pointed out that “tax-financed subsidies” is “corporate welfare,” supporters will launch into lengthy soliloquies on the necessity of the action, all of which purposefully tries to steer the questioner in the opposite direction of his question.  They learned well from Hamilton, whose Report on Manufactures for the new United States government under the Constitution is considered to be either a masterpiece of economic vision or a confusing jumble of economic non-sequiturs, based on the reader’s knowledge of how economies work.

DiLorenzo demonstrates that Hamilton placed himself clearly in the camp of what, in the late 19th century became the “Progressive movement,”  in opposition to Adam Smith’s laissez faire approach to economics. Under Smith’s system (which is not theoretical but empirical, i.e. based on observation), the free market decides where investments are best made. Rewards and punishments come in the form of profitability or bankruptcy. Under the Hamiltonian-mercantilist system, highly educated and specialized central-planning “experts” can best decide where subsidies and protectionist taxation (tariffs) can be applied in order to give a fledgling invention or industry the help it needs in establishing itself. And if the market doesn’t want that particular product? Then obviously, more subsidies are necessary until public perception catches up to “innovation.” DiLorenzo explains in some detail how Smith successfully demonstrated that the best competitors, meaning the best businessmen with the best product wins in a free market. Hamilton argued for the power of government to be used to “level the playing field” but forgot to point out that this means that such a system can be abused to provide rewards for political allies instead of its stated purpose. In British mercantilism the King became a de facto business partner with subsidized business; in Hamilton’s system it is co-operative politicians.

Hamilton’s call for import tariffs had an unintended but not unforseen consequence: the increase of foreign import duties to match. Adan Smith had explained this relationship in the Wealth of Nations. Hamilton arrogantly insisted that Smith’s observations had been mistaken. This led to a form of economic isolationism that Hamilton actually thought a good idea. In fact it created regional strife and industrial stagnation internally and gave foreign manufacturers an advantage in the world market.

Hamilton wrote in his Report on Manufactures of his certainty that only government would have the resources and the motivation necessary to build roads to the interior. Unfortunately for his theory, within 10 years of his publication of the report, state chartered private firms were busily building roads at rates that astounded observers. Road building companies were eagerly invested in by merchants and manufacturers to provide easier access to growing western markets. Unfortunately, this lesson did not make an impression on Hamilton’s enthusiastic supporters later in the 19th century. They insisted in pouring good money after bad in building a system of roads and canals, many of them literally to nowhere, that became a money pit, bankrupting several mid-western states and causing severe economic consequences nationally. A major culprit whose name became prominent later was an ingenious Illinois state legislator and enthusiastic supporter of the Hamiltonoan philosophy who managed to become the key player in bankrupting his state through “internal improvements” crony capitalism in the 1840’s- Abraham Lincoln.

Hamilton’s system went into disgrace for a time, especially during the presidency of Thomas Jefferson. The election of 1800 was a complete repudiation of the Federalist-Hamiltonian philosophy of government. During Jefferson’s first term Hamilton died. Henry Clay became the new champion of what Hamilton had coined the American System. Clay became not only the systems champion but one of its beneficiaries. Being a hemp farmer he received a sizable hemp subsidy (hemp was an important crop because it made the finest marine rope available at the time). As the American System gained ground in the 1820’s in the wake of the War of 1812 it began to cause severe regional divisions between north and south. The industrial north was being subsidized with the tariffs raised by taxing imports into the agrarian south. At the same time the south’s markets were being severely restricted by retaliatory tariffs on agricultural imports. This situation eventually bloomed into the nullification crisis of the early 1830’s and then later into the secession crisis of 1860-61.

In the meantime the twice-chartered national bank, which would have allowed the creation of huge amounts of credit for the federal government was allowed to expire in 1811 and simply killed by withdrawal of funds in 1836. A new national bank was vetoed in 1841 and several times after this. This was an extremely important pillar of the American System. Hamilton’s scheme simply would not work without a vast amount of available credit. Hamilton’s empire was to be built on debt and the creation of fiat money. Jefferson’s system was hard currency (gold and silver based) and “pay as you go.”

As the War Between the States showed, these were incompatible systems and the result was an acrimonious and bloody divorce suit that demonstrated the vast differences between Hamilton’s “living document” method of constitutional interpretation featuring gross abuse of the “General Welfare” and “Elastic” clauses versus the strict constructionist interpretation which posits that the words and phrases in the Constitution have meaning and the intent of the writers of the document should be followed when discernable.

In the next chapter we will see what happened as the American System became dominant and how it got that way.

Hold It A Minute…

constitutionThe Congress shall have Power To… exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings… Article I, § 8 of the US Constitution.

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. The 10th Amendment to the US Constitution

Frankly, the reading of these two portions of the highest law of the land, the Constitution could not be clearer. The Federal government must have the legislative condent of a state to own property within that state’s borders.

This clear requirement has been completely ignored by the Federal government for over a century and a brewing problem in California is illustrative of the need for states to reassert their authorities as guaranteed in the  1oth Amendment.  You see, California is bankrupt. And as part of that bankruptcy they are discussing the closure of state parks. According to an AP story

California officials said Wednesday they are trying to avert the federal government’s threat to seize six parks that could be closed to help reduce the state’s ballooning budget deficit

Seize the land by what authority, you might be asking? According to the story-

National Park Service Regional Director Jonathan Jarvis warned in a letter to that all six [stste parks] occupy former federal land that could revert to the U.S. government if the state fails to keep the parks open.

The article quotes Jarvis as writing…

…”Lands conveyed to the State under the Federal Lands to Parks Program must be open for public park and recreation use in perpetuity as a condition of the deed”

Did you catch that? Formerly Federal land, deeded to the state with a caveat? A caveat that the Federal government is prohibited from making? Well, how’s it forbidden from making the caveat, you might be asking?

Since the  state of California has the authority under the two sections of the Constitution stated to simply revoke the permission granted the Federal government to own the land, this caveat is legally meaningless. There is nothing legally from keeping the State of California from simply seizing any particular piece of, or in fact all of, the Federal property in California by a simple act of the California legislature.

In reality it would be foolish for California to seize, for instance, the San Diego Navy Yard. But the Constitution is clear that it is permitted to do so (they might have to give “just compensation” per the 5th Amendment, but of course the US Supreme Court has a terrible track record on arbitrary seizures and property values, so that could work in California’s favor) and that means if they wish they can simply brush Mr. Jarvis’ protestations to the contrary aside as one would a pesky blood-sucking mosquito.

How does this effect Ohio’s public policy? Ohio currently has a “Sovereignty Resolution” before the State Senate, Senate Concurrent Resolution (SCR) 13. In it Ohio merely proclaims that it retains the rights and responsibilities of a sovereign state and intends to use them to make Ohio a place where its citizens can feel free from the over-reach of Federal authority. Like, for instance, forcing the state to keep parks open when it is bankrupt at its own expense.

Just another reason Ohio needs to remind the Federal government that it is a sovereign state.

Policy Points–new feature

This entry is part 1 of 1 in the series Policy Points

Public Policy RadarPolicy Points from the Institute for Principled Policy
June 29, 2009

State policy actions
House Bill 176 (Steward {D} and McGregor {R})–Equal Housing and Employment Act—This legislation would create special protections under the state’s civil rights laws for “sexual orientations” to include homosexual, bisexual and “gender identity” classifications. The bill contains language to require the development of educational programming to teach of the origins and sources of “discrimination”, which is mandated to be taught to all public school children and “all Ohioans”. There are exemptions for religious organizations or orders in relation to hiring and housing, but not for individuals whose religious beliefs or conscience would be violated by having to comply with these provisions. The bill passed from the House State Government committee on a party line vote, but may come to the floor of the House this week where it may pick up some additional bipartisan support.

House Bill 1 (Sykes) State operating budget—This legislation, which is the funding mechanism for state government for the biennium beginning July 1, 2009, is currently before a committee of conference to work out difference between the House version and the Senate version of the bill. The House version would resurrect the old Outcomes-based Education catastrophe that was defeated in this state 16 years ago, create mandatory “community service” as a condition for graduation in Ohio, assess students on behavioral or belief positions as part of their ability to graduate, and turn over key decision making to the State superintendent rather than to elected education policymakers. The Senate has removed this from the bill.

The bill was sent from the House with a growth of spending of over $1 billion from the Governor’s proposal, which was itself a 6% spending increase over the biennium. Economic conditions and the reduction in revenue estimates have made this spending level unachievable without significant increases in taxes. The Senate has removed the additional spending growth, but is faced with having to replace nearly $1 billion in resources that were going to be used in this upcoming biennium from the state’s rainy day fund, as that money will now need to be used to bring the current budget into balance, as revenues have fallen below the projections upon which the current budget’s spending were based.

The bill also “balances” the budget on one-time funds (stimulus money), grows government by over 6%, increases taxpayer burden through the imposition of increased and newly-created “fees” and “penalties”. The state auditor has projected the next biennium’s shortfall, because of the use of one-time funds to bring this budget in “balance”, as in the neighborhood of $8.2 billion. Without more one-time funding, such an irresponsible budget now will ensure tax increases in the next biennium.

The budget must, by the Ohio Constitution, be in balance and in place by July 1. The conference committee will meet to try to finalize their difference and issue a report that both chambers mayvote upon on Tuesday.

Video Lottery Terminal proposal—This move by Governor Ted Strickland would allow for up to 2500 “video lottery terminals” (ie slot machines) at each of Ohio’s seven horse-racing tracks, in an effort to prop up a dying racing industry. Ohio’s restaurant and bar lobbies, retail merchants, grocers, and others also want to be included in the plan. The Ohio Lottery Commission would oversee this radical expansion of gambling in Ohio, much as they have recently presided over the rollout of the wildly unsuccessful Keno game in bars and restaurants in the state. This has become a showdown with the state’s out of balance budget used as the vehicle to move this proposal forward. Numerous studies have shown the deep and traumatic effects of this form of gambling on the family and on communities in which this is allowed, where the costs outweigh benefits by a significant factor. Additionally, there are serious Constitutional questions as to whether this can legitimately be accomplished as an expansion of the lottery.

Casino ballot initiative–A group of casino operators (Penn National, Argosy, etc.) have circulated petitions to place on the November 2009 ballot a casino authorization measure, allowing full casino gambling in 4 Ohio cities. The proponents collected and submitted to the Ohio Secretary of State over 800,000 signatures of registered voters, needing just over 405,000 to qualify this initiative for the ballot. It is highly likely, barring any legal challenges, that voters will be deciding upon this on November 3.

House Concurrent Resolution 11 (Martin and Jordan) and Senate Concurrent Resolution 13 (Grendell and Faber)–State Sovereignty—These companion resolutions would put Ohio on record as reiterating their rights under Article 4 and the 9th and 10th Amendments to the US Constitution to protect the sovereignty of the state against federal mandates and actions. The House version has had one hearing in the Democratically-controlled chamber, and will not likely be brought back up for hearings. The Senate version has been scheduled for its second hearing in the Senate State Government committee, but that hearing has been postponed due to the pending budget action.

Report From England- Climate Change And The Sun

flare_sxi2_medThe webmaster is in England. Currently I am staying at the North London Rifle Club facility at Camp Bisley, Surrey, England. It is one of the parapets in the UK yet to be stormed in the world-wide effort to remove the absolute last resort tools that private citizens have for protecting their liberties, i.e. guns, from the hands of private citizens.

But that’s another story. Every day as I take the train to London to see the incredible sights there, I have noticed that the ad campaigns are laying it on thick about “climate change.” Daily there is a story in the newspapers (I have yet to turn on a television) about the hundreds of thousands per year who die as a result of “extreme weather conditions” in third-world countries. The newspaper stories and screaming billboards always cite the same research and scientific data to bolster their claims- none. That’s because there isn’t any.

And after all, why should there be? The global warming/climate change campaign is one based on emotion, not logic. Real science is not only ignored, it is an unwelcome encumberance to the goal of convincing people that they should accept government restriction of their lives and learn to live like those third-worlders- for the good of the planet, mind you.

And so, you get pictures of starving third-world children (who have been with us since the beginning of recorded history and, according to Jesus Christ, we will always have with us) and polar bears on isolated ice floes and and completely refuted claims of their impending extinction and the shrinkage of polar ice caps (the polar ice caps have grown significantly during the last two colder than average winters and the polar bear population is on the rise, not declining).

If you pay any attention to the science pages at all you may get a clue that “climate change” has nothing to do with man’s activity but is completely in the hands of God who is in complete control of the Sun and solar system, not to mention the galaxy and the universe. Just this morning I came across a report issued by the National Aeronautics and Space Administration (NASA) showing that the latest sunspot cycle activity is “…in a valley–the deepest of the past century.” Many climate change activists (nearly all non-scientists) claim that climate change studies are “settled science.” Or not. Listen to what one NASA researcher says about this sunspot cycle- “In our professional careers, we’ve never seen anything quite like it. Solar minimum has lasted far beyond the date we predicted in 2007.” Does this sound settled or like they really haven’t got a solid handle on the science yet?

Why all of the talk about sunspot activity in relation to global temperature (which, by the way, has plummeted by nearly 0.7 C during this period of low solar activity)? Because there is a strong co-ordination between sunspot activity and global temperature. Look at the chart below. Pay special attention to the current period. The Sun is simply not as active as it was during the 1930’s and 1990’s when temperatures rose after extended high sunspot activity.

maunderminimum_strip2

Note the period between the first quarter of the 17th century through about the first ten of the 18th century. This period of extremely low, if not completely absent, sunspot activity is called the Maunder Minimum and it corresponds nearly exactly with the “Little Ice Age” which was a period of deep global cooling (climate change). Not man caused, God caused.

There are other charts available showing the co-ordination between very high sunspot activity and the Medieval Climate Optimum (climate change) a period of global warming of the 9th to 14th centuries that coincided with, for instance, the Norse exploration and colonization of Iceland and Greenland, which at the time was actually green.

Want a deeper understanding of these issues? Dr. Michael Coffman of Environmental Perspectives, Inc gave a great talk at Camp American last year on global warming and how it is being used by globalists to restrict or completely eliminate basics of liberty such as private property, true stewardship of the earth (as opposed to the pagan religion of environmentalism), private enterprise, etc. Dr. Coffman connects the dots on ownership of private property, economic prosperity, stewardship of the land, bad climate change science and the attempts to use bad science to re-mold the world’s economy. You can get a copy of Dr. Coffman’s lectures here.

Currently, the US (and the EU) is considering the adoption of so-called “cap and trade” legislation which will do nothing but tax US and European energy users into poverty, stifle technological advances for true stewardship of the land, socialize and therefore destroy the economy and keep third-worlders from developing and using the technology they need to make the land pay and continue to pay in the future through stewardship, fight ignorance, disease and death from poor sanitation, cooking and food storage and pulling themselves out of the socialist morass they are in. “Cap and trade” makes sure this cycle of poverty, suffering and dearh will continue in the third-world by setting a limit on technology and then paying third-world slavemasters to sell their nation’s “carbon credits” to the west in a bid to maintain and eventually degrade western standardsof living.

The scientific numbskullery demonstrated by representatives like Henry Waxman of California during hearings on “cap and trade” has been simply stunning. No one expects them to understand all of the tiny details of the science. They are expected however to grasp the fact that there are opposing views based on scientific analysis of existing data that are actually doing a better job of fitting numbers to models than the science they are taking as gospel.

Contact your representatives and ask them to oppose “cap and trade.”

Institute For Principled Policy Chair on “The State of Ohio” This Week

TelevisionInstitute For Principled Policy Chairman Dr. Mark Hamilton will appear on this weeks “The State of Ohio” program.  The program appears on PBS stations throughout Ohio.

The topic of the program is on the role of clergy in speaking on public policy. Taking an opposite position from Mark’s is Pastor Tim Ahrens of First Church in Columbus Ohio. Mark is the Teaching Elder at Providence Church in Mifflin Twp. (near Ashland). He is also a Professor of Philosophy at Ashland University.

Here is the air and station schedule of “The State of Ohio:”

Fridays

5:30 PM Columbus WOSU-TV34 and Portsmouth WPBO-TV42

7:30 PM Cleveland WVIZ-TV25

10:00 PM Cambridge WOUC-TV44 and

Athens WOUB-TV20

10:30 PM Toledo WGTE-TV30

Saturdays

5:30 AM Akron WEAO-TV49 and Alliance WNEO-TV45

Sundays

6:30AM Cincinnati WCET-TV48

7:00 AM Dayton WPTD-TV16

10:30 AM Oxford WPTO-TV14

12:00 Noon Bowling Green WBGU-TV27

12:00 Noon Cleveland WVIZ-TV25

12:30 PM Cambridge WOUC-TV44 and

Athens WOUB-TV20

CABLECAST on The Ohio Channel

Mondays 10AM, 6PM & 2AM

The Ohio Channel, available on:

AkronTime Warner Channel 538

AthensTime Warner Channel 0

CincinnatiAnderson Union Channel 08, Cable Channel 22 Channel 23,

Media Bridges Channel 15, Norwood Community TV Channel 15,

Waycross Community Media Channel 4, Time Warner Channel 22

ClermontTime Warner Channel 22

ClevelandCox Channel 201, Time Warner Channel 181

ColumbusTime Warner Channel 96 and Digital 34.2, Insight Channel 190,

WOW Channel 150

DaytonTime Warner Channels 715 & 720

ToledoBuckeye Cable System Channels 199

Ohio Public Television broadcast channels are also available on local cable channels.

Please let us know what you thought of what Dr. Hamilton had to say.


Reclaiming State Sovereignty- How It’s Done!

This entry is part 27 of 28 in the series Freedom 21 Conference

f21-banner-4

As this article and the attached video (see below) demonstrate, the Oklahoma Legislature continues to run an impromptu class on the “How-To’s” of reclaiming state sovereignty. And while they’re at it, they’re also giving an unsolicited (and probably unwelcome) advanced level seminar on long-term political strategy and tactics. What have they done?

Once again, Oklahoma has passed a state sovereignty resolution. The previous one was passed in both the Oklahoma House and Senate but was vetoed by Gov. Brad Henry whose best excuse was to claim that it would require the “return of federal tax money,” thus proving that the Governor either completely failed to grasp the point of the resolution or grasped and rejected it.

What’s interesting here is that the Oklahoma House has come up with a parliamentary method to bypass the Governor who has proven himself to be a federal lick-spittle. Oklahoma House members led by Charles Key (R- Oklahoma City) has made the new resolution a House Concurrent Resolution which can be passed by both houses of the legislature and does not require the signature of the governor. The Oklahoma House passed it last Monday May 4, 2009.

But why is this bypass such a political coup, when the concurrent resolution really doesn’t have any legal punch?

The strategic reasons:

  1. Once state sovereignty begins to be discussed seriously, it means that discussion of the repeal of the 17th amendment, the amendment that requires Senators to be elected by popular vote rather than appointed as state government representatives to the federal legislature, can begin

  2. True federalism, i.e., Madison’s “divided sovereignty,” with true sovereignty of the states will only be returned through the repeal of the 17th amendment

  3. Repeal of the 17th amendment would make repeal of the 16th amendment, the amendment that allows the federal government to engage in direct taxation, far easier. This would be another step towards the re-establishment of true federalism. Direct taxation authority belongs only to the states in the original federalist design

  4. Once the federal leviathan is put on a strict forced tax diet, its unnecessary fat necessarily shrinks and falls away. The surest way to reduce the size, cost and intrusiveness of government is to reduce the revenue available to it.

  5. Repeal of the 17th would also make it possible to repeal of the Federal Reserve Act, which would go a long way to reducing the revenue available to grow government. It could be replaced with the old Independent Treasury System, often called the “most stable banking system of the 19th century”

  6. One state doing re-declaring its 10th amendment sovereignty is cause for derision from the “federal supremacy in all things” camp, 5 states is a cause for concern there, 10 states is reason for panic, 25 or more means that some form of completely irrational response would be forthcoming from those in the power centers which tends to awaken the sleeping populace.

The tactical reasons:

  1. Oklahoma Republicans now have their governor, a Democrat, on record as being against their state’s sovereignty. He has, in effect, said to them “We have to live with the federal boot on our necks to keep our own tax money coming back to us.”

  2. The Republican legislators now have a basis to work to expose an extremely popular governor of the other party who has clearly flouted the will of the electorate (this measure is quite popular in Oklahoma) who has now been show to be more interested in pleasing his federal overseers than protecting the constitutional guarantees of the rights of the citizens of his own state

  3. Republican legislators have demonstrated that they are willing to proactively go toe-to-toe with a popular governor in order to protect those same constitutional guarantees in spite of his efforts

  4. Republican legislators have demonstrated that they are willing to go toe-to-toe with the federal playground bully who has, up to now, had no qualms about whose lunch money it would steal

  5. Republican legislators have maneuvered Democratic legislators into demonstrating that they will do “whatever it takes” to protect a Democrat governor who kow-tows to the federal leviathan and disparages state sovereignty (thus exposing their own positions) from the political fallout of the resolution’s passage while Republicans have shown they’re willing to do “whatever it takes” to protect Oklahoma voters from federal usurpation

  6. A few state legislators working within the bounds of their authority in their own state legislature have made the now astronomically expanding federal leviathan begin to look over its shoulder to see the specter of the Constitution beginning to haunt its attempts to assume all authority and make the states an anachronism

The real question here is will other state legislatures, it really doesn’t matter what their party affiliation, recognize that there is a Constitution, that it sets boundaries and limits to federal authority and gives the states wide latitude to interpose on behalf of its citizens.

Frankly, that’s an open question in Ohio. If state leadership like the feckless Kevin DeWine have their way, Republican legislators would run screaming from the room if this type of legislation were to be mentioned. But it seems that there are some of that party who understand the two-fold utility of this type of resolution. It both alerts federal usurpers that Ohio will no longer stand idly by while the 9th and 10th amendments (not to mention article IV) are simply ignored by Congress and the Executive branch and it exposes those members of both parties who oppose Ohio’s move to protect its citizens from federal over-stepping of authority as despots or the toadys of despots. Thus, these resolutions HCR 11 in the Ohio House and the new resolution in the Ohio Senate (to be introduced today) are the tools Ohioans need to dig out from the avalanche of federal laws, rules, regulations and resolutions that are burying them in taxes and the fetters of government restriction.

What can be done?

Part of this article contains a promotion of a conference where you can learn how Oklahoma is getting the job done. Freedom21 is a grassroots coalition of state and national groups banded together to protect life, liberty and property from both federal and international assault. At its core, Freedom21 exists to oppose the UN’s laughably misnamed Agenda21 sustainable development power grab.

Oklahoma Rep. Charles Key is a headline speaker there and was last year as well. Last year Key, an aptly named key player, came to the Freedom21 conference and explained how he and other Oklahoma legislators stopped the NAFTA super-hiway (remember? It’s the road project that the federal government claimed never existed) from passing through Oklahoma.

Texas activists also did their part to stop the corridor using local planning commissions. They were so effective that Gov. Rick Perry (who appears to have gotten the message if his latest statements at a Texas TEA Party is any indication) came out and announced that the road project that didn’t exist was now officially canceled in Texas. These folks were at Freedom21’s conference last year as well to explain how they did it.

Will you be there this year to find out how to do it? Come out to Freedom21 in August and learn how to re-take your state’s sovereignty- proactively.

In the meantime, contact your state Senators and Representatives and urge them to co-sponsor and vote for the state sovereignty resolutions.


Tax and Spin- Part 10: Conclusion-Accountability the Key

This entry is part 10 of 11 in the series Understanding Property Tax Levies

taxOhio does combine a “renewal” levy and an ordinary “additional” levy into one single vote, and although renewal-plus-additional-levy issues and ballots are straightforward – unlike replacement levies and ballots – they still deny voters a real choice. In this writer’s opinion, such combination votes ought to be illegal; renewals and additionals should be in separate votes. Thus, the replacement levy should also be illegal.

A partial solution to the replacement levy problem – one that addresses only the ballot language – would be to change the ballot wording to show the true tax increase. That is, it must show at least the proposed millage and the effective millage of the levy to be replaced and in no way indicate a tax decrease, including in the ballot title. (The Revised Code prescribes the wording for the body of the ballot but does not address the title, which is as deceptive for replacement levies as the body and is more noticeable to the voter.)

Repealing the replacement levy or changing ballot wording would be done by the Ohio General Assembly – with much encouragement from citizens. Although at least some of the legislators are aware of the deceptive ballot language, any action by them thus far has been inadequate to remedy the problem.

The fact that state lawmakers are very greatly influenced by local officials cannot be stressed too strongly. Local officials have had much to do with getting the legislature to create the types of levies described in this treatise. Replacement levies, in particular, have been a cash cow that local governments will likely lobby to keep, should a legislator introduce a bill to repeal their existence (no bill has been introduced as of this writing). That means that many citizens must be able to understand replacement levies and care enough about fairness that they can and will explain to their representatives and senators the unjustness of these levies and will encourage them to actively support the repeal of the law or change in the law that authorizes the levies. Unfortunately, in addition to possible pressure from local officials, another hindrance to getting the law changed is what this writer has found: some legislators do not understand replacement levies.

Because repeal of the replacement levy law or even a change in ballot language could take months or years – or might not happen at all – informed citizens should also work at the local level by educating other citizens, including their local officials, and supporting only those candidates that pledge not to use replacement levies. Citizens should also vote against all replacement levies, no matter how desirable the intended use of the funds might be. Only if the levies repeatedly fail will local officials stop using them and again make more use of the simple “additional” levy when they truly need funds for appropriate services.

It is the hope of this writer that Ohioans will hold their government accountable – that they will learn about taxation and individual tax issues, that they will educate others, that they will work to eliminate unfair and deceptive taxes, and that they will support only those candidates for office who are honest enough to do the same.

You can access and print a copy of Carolyn’s full article here. Put this information into the hands of your family, friends and neighbors.

Tax and Spin- Part 9: Some Solutions

This entry is part 9 of 11 in the series Understanding Property Tax Levies

taxOhio law has traditionally given local voters the final say for all property taxes other than those that are levied on the ten inside mills, with a few exceptions. However, that authority is no authority when tax laws are cleverly written to force more taxes on citizens without their vote. Neither is that any authority when laws are written so that voters are misled into voting for the opposite of what they really want or when both the Yes and No choices on a ballot issue might be undesirable, as with replacement levies.

What is the solution to the replacement levy problem? One answer is to repeal the law that authorizes the levies. Following are some reasons:

• The replacement levy is an unnecessary tax. Simple “additional” property levies have always been available – and are still available – to increase revenue for the government.

• The replacement levy is an early product of the legislature’s continuing effort to diminish the effects of H.B. 920 and to tie taxes to increases in property values. However, there is no correlation between the rising cost of appropriate government services and increases in property values. Even if there were, trying to make levies match property growth is generally unworkable because, in addition to their property tax levies, government taxing districts get various other kinds of funding from local, state, and federal government sources, as well as private sources. Further, the fact that the “replacement levy and increase” and “replacement levy and decrease” exist is evidence that replacement levies don’t always fit with inflation of property values. Also, this writer has observed that the plain “replacement levy” is often used to inch up taxes – just because it is available – when renewals would be appropriate and would have been used previously.

• Replacement levies limit the reasonable authority of citizens – even citizens who know the levies are used to increase taxes – to determine the magnitude of their government. When an existing levy is expiring, replacement levies force voters to choose between 1) voting No to no longer pay even the tax they had been paying, or 2) voting Yes to increase their tax. They are unable to vote simply to continue to pay the same tax they had been paying, as some people prefer. Government officials know that the majority of voters generally would not vote to eliminate a tax; therefore, by using the replacement levy, they use the equivalent of a
new tax with the old – the equivalent of a renewal levy plus an additional levy. In that way, they twist the arms of the voters to increase their property tax. In fact, levy proponents often insist that the voters must pass a levy or the government agency would have to cut services because it would not even have the revenue it had been getting.

Next: Part 10: Conclusion–Accountability the Key

Tax and Spin- Part 8: Eliminating Confusion-Step 3

This entry is part 8 of 11 in the series Understanding Property Tax Levies

taxBallot Example No. 3

The third ballot example, proposed in November 2003, is for a “replacement and decrease.” It is even more deceptive than the first two examples because it appears to provide a tax reduction. Instead, it produced a 267% increase. It reads as follows:

“14 PROPOSED TAX LEVY (REPLACEMENT AND DECREASE)
GREENE COUNTY

A Majority Affirmative Vote Is Necessary for Passage.

A replacement of a portion of an existing levy, being a reduction of 0.02 mill, to constitute a tax for the benefit of Greene Memorial Hospital for the purpose of CURRENT OPERATING EXPENSES OF GREENE MEMORIAL HOSPITAL, INC. FOR THE SUPPORT OF HOME HEALTH SERVICES AND FOR THE PURCHASING OF EQUIPMENT SERVING THE EMERGENCY DEPARTMENT, NURSING SERVICES, CANCER SERVICES, BIRTHING CENTER AND OTHER DEPARTMENTS OF THE HOSPITAL at a rate not exceeding 0.5 mill for each one dollar of valuation, which amounts to $0.05 for each one hundred dollars of valuation, for a period of five years, commencing in 2004, first due in calendar year 2005.”

The words “decrease,” “portion of an existing levy,” and “reduction of 0.02 mill” appear to indicate a decrease in tax. Nothing in the wording on the ballot in any way indicates a tax increase.

The misleading ballot language is explained as follows: Although the ballot does not show it, the existing levy that was to be replaced by this issue is called a 0.52-mill levy. That, unfortunately, refers to the millage that was voted at least as far back as 1976.

The ballot language compares the proposed levy of 0.5 (or 0.50) mill with the old, no-longer-in-effect 0.52 mill. The proposed levy was indeed 0.02 mill less than the old voted millage, but that old millage had nothing to do with one’s then-current tax.

The so-called 0.52-mill levy had been renewed a number of times over the years and, consequently, by 2003, the effective millage – the millage that determines one’s current tax – had decreased to 0.136028 mill. Therefore, instead of the tax being reduced from 0.52 mill down to 0.50 mill, as the ballot wording seems to imply, it was actually increased from 0.136028 mill to 0.50 mill.

The cost of this replacement levy was this amount: 35% X $100,000 X $0.0005 X 87.5% = $15.31.

Had the proposal been for a renewal levy, the tax would have been this amount: 35% X $100,000 X $0.000136028 X 87.5% = $4.17.

Therefore, the replacement levy cost 3⅔ times the existing levy – with no clue of the increase on the ballot.

In the case of another election and a similar “replacement and decrease” levy, this writer asked a number of people afterward what their thinking was about the tax issue. Every one of them said that he voted for the levy because he thought he was voting for a tax cut. Although the “replacement and decrease” is the most deceptive tax, none of the replacement levy issues gives any indication of a tax increase in the replacement portion of the ballot.

The reader should realize that although the dollar size of these countywide levies might seem small, each property owner pays on many such levies. Also, a large increase in the percentage of tax on individual properties is reflected in a large increase in revenue for the government because so many property owners are paying on the levies. To be informed, a voter needs to know the true effect of these levies so that he can question why such a large increase in revenue is suddenly necessary.

Next-Part 9: Some solutions