NO MORE BS: Executive Orders vs. Legislation

Image - Eagle & FlagA republic is messy!  I have made this claim before on this blog, and I will continue to affirm and support the messiness that occurs in a republic, especially this our constitutional republic!  A republic requires politicians from both extremes on an issue spectrum to come together somewhere between the two extreme points for a compromise.  Please remember, a good compromise leaves everybody unhappy, but a good compromise is fair and the best way to govern.  The messiness of governing takes time and the mess and time protect the interests of the population!

The problem is that executive orders have become the tool of tyranny to make an end-run around the Constitution, stripping the legislative branch of its authority.  Just like when a legislator’s support is purchased with pork-barrel spending, passing legislation with purchased support or pork also does an end-run around the Constitution and robs the taxpayer to enrich the politician.  Both Executive Orders and Pork Barrel Legislation are immoral and unethical but have become accepted practice based upon historic legal precedence and the distorted minds of those in political power.

What is an Executive Order?

An executive order is a means of issuing federal directives in the United States, used by the United States President who manages the federal government’s operations. The legal or constitutional basis for executive orders has multiple sources; however, the executive order is limited to the executive branch of government and the executive branch’s governmental operations.

Where executive orders are concerned, until revoked or superseded, the order remains in effect.  For example, Executive Order 9006 – Certifying the Territory of Hawaii as a Distressed Emergency Area.  The executive order was signed within 30-days of Pearl Harbor being bombed, stripped American Citizens of their rights, their property, their freedoms, and punished them.  Fred Korematsu argued before the Supreme Court that his rights and those of other Americans of Japanese descent had been violated by Executive Order 9006.  The Supreme Court ruled 6-3 in favor of the government, saying that military necessity overruled those civil rights.  Here is the rub; there is no Congressional Legislation supporting this illegal seizure, the forfeiting of ownership, or Congressional Authority tied to the Executive Order; worse, there was no military reason to justify issuing the Executive Order.

LookNow, I get it, the Empire of Japan had just bombed America, and a day of infamy had descended.  The legal rights of Americans, regardless of their birth heritage, were stripped from them, not by Congressional Action signed into law by the President, but through an Executive Order.  Worse, this order has never been rescinded, and who knows what skullduggery continues to occur under this Executive Order.  As a historical sidenote, there was no justification for Executive Order 9006 – Certifying the Territory of Hawaii as a Distressed Emergency Area.  No military rationale, no social justification, and yet, this Executive Order caused tremendous illegal and unconstitutional actions in the island of Hawaii, which spread to all of America and saw many Japanese heritage Americans stuffed into internment camps.  Losing property, lives, livelihoods, and never receiving any compensation.

Do you need more proof that Executive Orders are in effect long after they should have been rescinded?  Look no further than Chief Justice John Roberts, who wrote in his majority opinion in the 2018 case of Trump v. Hawaii that the Korematsu decision was explicitly repudiated.  In non-legal speak, Chief Justice Roberts refuses to be associated with Executive Order 9006 and the earlier court case, Korematsu v. Roosevelt decision, but did not rescind the order, make null the order, or demand the order be superseded.  The cravenness of Chief Justice Roberts to right a historical wrong is beyond contemptible!

What is legislation?

From Webster, we learn that legislation is the action of legislating “specifically: the exercise of the power and function of making rules (such as laws) that have the force of authority by their promulgation by an official organ of a state or other organization.”  The executive branch must sign these legislative actions before they become of full legal force.

Are Executive Orders Legal?

Executive orders have been made legal, as the judicial branch of government has essentially told the legislative and executive branches to argue the problem out amongst themselves.  Now, legal scholars will nit-pick the heck out of what I am about to say, but since I am not a legal scholar, decide for yourself; here is my opinion and understanding.  Yes; executive orders are legal.  Insofar as they guide the executive branch in directing the executive branch’s affairs, and is not intended to control the citizenry or be the “law” under which citizens lose their rights and privileges.  But, as for application to the US Population as a whole, no!  No, executive orders are not legal because the executive order acts outside the executive branch’s domain and attempts to supplant legislation.

DutyImportant to note, broad powers were granted to the US President under Article II, Section 1, Clause 1 of the US Constitution. “The executive Power shall be vested in a President of the United States of America.” Sections 2 and 3 describe the various powers and duties of the President, including that “[the President] shall take Care that the Laws be faithfully executed.”  The judicial branch has granted significant leeway to the President to act.  When added to the powers Congress has consented to the President to run the executive branch of government, executive orders’ legality v. illegality remains a legal gray area.  Sometimes the President has been smacked down with their Executive Orders due to a stricter reading of the US Constitution. Other times a more lenient reading of the US Constitution and Congressional powers has allowed Executive Orders to stand.

The key to limiting Executive Orders is if the Congress considers an issue necessary enough to legislate.  However, do not be fooled; tremendous power is being wielded when a president sets their pen to paper and drafts an Executive Order.  Interesting to note, the lists of presidents with the most Executive Orders are as follows:

Are Executive Orders the same as legislation?

Executive Orders state mandatory requirements for the Executive Branch and have the effect of law. Historically executive orders were issued with a law passed by Congress or based on powers granted to the President in the Constitution and consistent with those authorities.  However, since Pres. Clinton America has witnessed the exponential rise of executive orders to bypass the legislative branch and control law through executive fiat and not legislation.

For example, President Obama, where the Paris Environmental Accord was concerned, ran around Sen. Harry Reid and the Senate, issued an executive order. America was then obligated to the Paris Environmental Accord.  Under the US Constitution, the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur” (Article II, section 2). … The Senate does not ratify treaties—the Senate approves or rejects a resolution of ratification [Emphasis Mine].  The Senate never ratified the Paris Environmental Accord, so President Trump was in his power to issue a countermanding executive order and remove America.  21 Jan 2021, Biden then issued another countermanding order and recommitted America to the Paris Environmental Accord.  Still making an end-run around the Senate and refusing the American people the opportunity to have a voice in the affairs of government, especially where costly environmental laws and obligations are concerned.

LinkedIn ImageIs it clear that executive orders’ abuse is strangling America and creating chaos across the entire globe!  All because the politician currently in power refuses to engage in the correct and legal processes of conducting the people’s business, and all political parties are guilty!  The precedent for issuing Executive Orders controlling business outside the executive branch started with Pres. Abraham Lincoln when he made an end-run around a contentious Congress and issued the Emancipation Proclamation.  Not that the Emancipation Proclamation was not needed, not that it did right, not that it was not the exact tool at the precise time, simply that Congress refused, and the President acted through Executive Powers rather than Congressional Legislation.  Setting the legal precedence for the current abuses of Executive Orders in the last five presidents.  Six if you count the current sitting president who issued 15 Executive Orders on his first partial day in office as a “show of strength.”

Legal, yes; legal, no, is a gray area!  Not what the founding fathers intended when drafting the US Constitution.  Want to drop down a rabbit hole of incredible size and shape, look up old Executive Orders, read them carefully for the powers claiming their legality, and then look at recent legal decisions quoting those old Executive Orders.  Lawyers have a saying, “Bad cases make bad case laws.”  That saying is especially true where Executive Orders are considered.

In rule by Executive Order, there is a great caution.  Rule by executive decree is tyranny!  Making end-runs around the co-equal branches of government is a slippery slope that becomes easier and easier once begun upon.  A recent example of this is found in the Obama Presidency.  President Obama is on record claiming he could not issue executive orders to fulfill the wishes, hopes, and desires of the liberal few.  Then, a few short months later, after issuing a slew of Executive Orders, President Obama issued Executive Orders, flip-flopping like a boneless chicken breast, and granting the liberal few their hopes and wishes by executive diktat.

3-direectional-balanceWhat I am going to put forward is not fearmongering but a need to awaken the American People to the dangers of rule by Executive Order.  The Emancipation Proclamation is an Executive Order.  If a President can remand or supersede any previous Executive Order, what is to stop a President from rescinding the Emancipation Proclamation?  Nothing!  The chaos caused by Executive Order rule in a Constitutional Republic is a danger that all people, of every political flavor, need to recognize and communicate to those in power to cease this abuse forthwith!

Those in power can only abuse the controls and restrictions placed upon the government through other governing tools.  Therein lay the protection for the American People and the risks to the American People.  Hence, the need to know, understand, and act to protect the government from overreach and freedom theft.

© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the art used herein. The pictures were obtained in the public domain, and the intellectual property belongs to those who created the images.
All rights reserved. For copies, reprints, or sharing, please contact through LinkedIn:
https://www.linkedin.com/in/davesalisbury/

NO MORE BS: Loyal Opposition – Our Job Starts Today!

Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear.”
[Special Message to the Congress on the Internal Security of the United States, August 8, 1950]” ― Harry S. Truman

I am an American!  I am a patriot by choice.  As of today, I am the Loyal Opposition to the Biden/Harris fraudulent presidency.  I am asking for you to join me in being the Loyal Opposition.

What does “Loyal Opposition” mean?

It is less that you are an adversary and more that you are someone with an opinion that (although frightening to me) might in some way enrich my own. And if I raise myself to being a partner with you on this mutual journey of ours, and if I refuse to bow to the posture of being a frightened adversary as you intersect my journey with a journey different than my own, we can profoundly change what we would have otherwise both died wrestling over.”
― Craig D. Lounsbrough

Loyal Opposition means you are loyal to the US Constitution as the Republic of the United States of America’s premier law.  Webster defines “Loyal Opposition” as “a [person] whose opposition to the party in power is constructive, responsible, and bounded by loyalty to fundamental interests and principles.”  As a loyal oppositionist, we support and defend the US Constitution; we constructively offer services in support of the US Constitution, but scrutinize elected officials’ actions to meet their elected responsibilities.  Even if we are ever in a position of power, we, the loyal oppositionists, stay cognizant of our actions, responsible and accountable to those who supported us to power. We remain true to the fundamental principles embedded in the US Constitution.

LinkedIn ImageLoyal Oppositionists never use violence to control the thoughts of others.  We refute ideas with more potent ideas.  We employ words, conviction, and confidence.  We love the freedom found under the “Rule of Law.”  We are constructive in our comments, truthful, and we research and report, even if it means we must improve our individual actions to meet the US Constitution’s ideals.  Now, more than ever in American History, America needs loyal oppositionists to step forward, answer the call, and defend liberty against the tyranny that has been thrust upon us.

You see, the point is that the strongest man in the world is he who stands most alone.”
― Henrik Ibsen, An Enemy of the People

What are my duties as a “Loyal Oppositionist?”

Opposition can be your friend. Opposition can be the fire that tempers the better sword, as well as the ice that cools a fiery temper. Don’t ever run from it; learn from it!” ― Jack R. Rose, The Cedar Post

The word loyal shows that the non-governing parties may oppose the sitting government’s actions while still being devoted to the formal source of the government’s power, the US Constitution and “We the People!”

      1. Learn the US Constitution. Read the US Constitution.
      2. Open your mouth in support of the US Constitution. Calling out tyranny when tyranny is enacted—supporting people who are being stripped of their freedoms.
      3. Be actively engaged as a loyal oppositionist.
      4. Strive for personal improvement while helping others to improve.
      5. Focus on local politics, policies, and politicians. The Federal political world is supported by the actions of the tyrannical few in local politics.  Know your city, county, and state government’s actions.
      6. Choose to be an agent for change through constructive, responsible loyalty to the US Constitution.

From General George Washington:

“Citizens by birth or choice of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you, in your national capacity, must always exalt the just pride of Patriotism, more than any appellation derived from local discriminations.”

From President Thomas Jefferson:

      • Do you want to know who you are? Don’t ask. Act! Action will delineate and define you.
      • On matters of style, swim with the current, on matters of principle, stand like a rock.
      • Honesty is the first chapter of the book wisdom.”
      • We in America do not have government by the majority. We have government by the majority who participate.”

From President Abraham Lincoln:

      • We are not enemies, but friends. We must not be enemies. Though passion may have strained, it must not break our bonds of affection. The mystic chords of memory will swell when again touched, as surely they will be, by the better angels of our nature.”
      • We should be too big to take offense and too noble to give it.”
      • If there is anything that links the human to the divine, it is the courage to stand by a principle when everybody else rejects it.”
      • Honor to the soldier and sailor everywhere, who bravely bears his country’s cause. Honor, also, to the citizen who cares for his brother in the field and serves, as he best can, the same cause.”

Who am I accountable to as a “Loyal Oppositionist?”

As a loyal oppositionist, you are only ever accountable to yourself.  While many people will surround you, you are the most important and fundamental person in your sphere of influence for good and ill.  Be the main character in your own life story.

Great spirits have always encountered Opposition from mediocre minds. The mediocre mind is incapable of understanding the man who refuses to bow blindly to conventional prejudices and chooses instead to express his opinions courageously and honestly.”
― Albert Einstein

Where do I find support to be part of the “Loyal Opposition?”

When you start to experience opposition, your power is growing
― Bangambiki Habyarimana, The Great Pearl of Wisdom

Support is found by opening your mouth, engaging in the work, and learning and improving yourself.  In twenty years, do you want to say that you answered the call when your country needed you?  Get moving!  Start learning!  Be the patriot you want to stand next to and that your children and friends will be able to rely upon.

It’s not about going around trying to stir up trouble. As long as you’re honest and you articulate what you believe to be true, somebody somewhere will become your enemy whether you like it or not.” ― Criss Jami, Killosophy

Duty 3Our duty to be loyal oppositionists begins now!  We must be faithful to the US Constitution but oppose heart and soul the radicalization, weaponization, and government’s terror.  That the liberal leftists have corrupted our neighbors into aiding and abetting the destruction of liberty is not new.  But ending the rot, fixing the problems, and rising to the challenge is where we focus.  We do not have a rear-view mirror as loyal oppositionists; we have a windshield as we move forward.  We build, we support the good where we find it, we dig in against the enemy that would tear us apart, and we find strength from the cause of liberty.  As we do this, we will discover America is strong.  America is great.  America can survive!

The limits of tyrants are prescribed by the endurance of those whom they oppose.”
― Fredrick Douglas

The following is especially true.  Regardless of your religion, consider the following as a source for strength.  Do we have faith sufficient in ourselves and the life of the US Constitution to stand?  I do; Join Me!

“…President Thomas S. Monson said: “Of course we will face fear, experience ridicule, and meet Opposition. Let us have the courage to defy the consensus, the courage to stand for principle. Courage, not compromise, brings the smile of God’s approval. … Remember that all men have their fears, but those who face their fears with [faith] have courage as well.” President Monson’s counsel is timeless! … Day after day, on your path toward your eternal destiny, increase your faith. Proclaim your faith! Let your faith show!
― Russell M. Nelson, Accomplishing the Impossible: What God Does, What We Can Do

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: Lest We Forget

With multiple religions having records, beliefs, and access to Isaiah’s writings, I begin with a compelling point from the Old Testament.

Surely your turning of things upside down shall be esteemed as the potter’s clay: for shall, the work say of him that made it, he made me not?  Or shall the thing framed say of him that framed it, he had no understanding? (Isaiah 29:16)”

Having watched the events of this new year unfold, this verse of scripture has taken on a new life.  Consider how the naysayers have turned the speech from President Trump to a spontaneous show of support, into a call to storm the capitol.  Turning things upside down for a political point is a revered tool of the political left, and the world has watched, many in glee, to see this trouble and torment occur.  Frankly, my honest man betrayed sensibilities feel like a Sherman Tank hit them!

Life ValuedThe verse above from Isaiah also speaks to another point needing discussion; the work we do has consequences we cannot escape!  Accountability and responsibility follow the choices we make, like shadows; accountability and responsibility are ours to accept or reject, but they never go away!  For example, Speaker Pelosi spent the better part of 6-months refusing to help Americans during this governmentally fed emotional hysteria called “COVID,” but as soon as Biden/Harris won, fraudulently, the presidency, it was time to hurry up and act!  Now, Speaker Pelosi has exercised her “Trump Derangement Syndrome (TDS)” and ramrodded another erroneous impeachment through the US House of Representatives.  Aided and abetted by, if the count is correct, ¾’s of the GOP, acting as craven yellow-belly spineless entities.

What will the future say of harassing an innocent person, all because it was “politickly expedient?”  Nothing Good!  The accountability for this disaster entirely rests upon the shoulders of those participating in the public lynching of a sitting president, and that is beyond detestable behavior!

Theres moreCompanies can give and take at their discretion to the political parties of their choice; that matters not.  But, if you claim to represent the American People, duly elected, and you weaponize government to browbeat, hammer, control the electorate, you will be held accountable!  Hence, I call for the voters to begin holding the newly formed 117th Congress to task for their misbehavior.

Speaker Pelosi, why did you invite COVID positive people with acute flu-like symptoms to vote in the House?  How much money did you spend on useless plexiglass partitions?  The erection of those partitions occurred in the dark of night, with no oversight, no discussion, no knowledge of the American people.  What funds did you take the people’s money from to pay for the wages and materials?  What was the contract process for the work to be accomplished?  How did these sick representatives arrive in Washington and leave Washington?  If COVID is as bad as you have been harping on from Jan 2020 to today, why were these House members exempt from the COVID-related security checks and other nonsense heaped upon Americans?

The Duty of AmericansIf your two supporters for your speakership were allowed to travel freely, then COVID is not as dire and dangerous as you have been preaching.  What about those members who were exposed and have now tested positive because your decisions put them in the House of Representatives while contagious?  May their families sue you personally for lost wages, harm, and being infected with COVID?

Speaker Pelosi, how did the metal detectors get added over a weekend?  Why has the security to the “People’s House” been increased, and where did the funds originate?  Why were the previous security measures acceptable for other capitol groups, but somehow after what appears to be a staged riot, the security measures are no longer adequate?  Do you know why the riot and the response to the extreme citizen behavior appear staged; the security people had lots of warnings from the FBI for months that a demonstration of support for President Trump was being arranged on social media.  Why were the capital guards not doubled?  Why were the security entrances not better manned?

BLMTake another large group who came to the capital, BLM.  The guards for the House were doubled, on alert, and ready if anything happened.  As House Speaker, Speaker Pelosi has the power to direct DC Police and other law enforcement agencies. Still, for a Trump Support event, magically, all the security protocols were purposefully not instituted, but after damage and a riot that left five people dead, it is suddenly time to tighten security checks and policies.  Something is wrong and smells to high heaven!

While we are on the subject of the riot and the potential for that riot to have been staged and managed, where is individual accountability?  President Trump never encouraged violence or violent demonstrations.  I have watched the speech he gave; President Trump said exactly the opposite and urged for law and order.  In President Trump, America has witnessed a politician who is 100% supportive of the “Rule of Law.”  Totally the opposite of you, Speaker Pelosi, previous presidents (Clinton and Obama come readily to mind), and so many other elected officials in and out of Washington, it makes me sick.

Wasting TimeYet, you have wasted valuable time in the 117th Congress to blackball, criticize, shame, and express disdain while weaponizing the Federal Government against President Trump, his family, his associates, his administration representatives, and a host of other private citizens.  Why?  I cannot believe this is all TDS, especially since before Donald Trump became President Trump, you and the rest of the liberal-leftists loved Donald Trump.  Explain why you and your politically connected cronies have belittled, attacked, and heaped shame on a person you used to admire for his work, dedication, and kindness?  All of you sure took his money fast enough as political donations; Et Tu, Brute?

America is in a crisis, largely made by politicians of both parties, fed by an emotional media, and protected by a weaponized government.  How many times has Pelosi promised to “Drain the Swamp” the metaphorical reference to the appalling actions and behaviors, largely from her party, and yet, has never lifted a finger in action?  Another verse of scripture fits here with a little adaptation.

“My soul is sore vexed: but thou, O Lord, how long” (Psalm 6: 3)?

LinkedIn ImageHow long Speaker Pelosi?  How long liberal leftists?  How long will America have to be sorely vexed before charges are brought for your treason and vilification of America?  How long will America be patronized by one-side of your mouths and vilified from the other side?  How long will honest men and women be called terrorists for serving in America’s military arms while you enjoy the liberty of their service?  My soul is sore vexed; I know millions of other people share in that sentiment.  Thus, how long will you proclaim to be the head of the People’s House of elected representatives and continue to ignore, shame, and abhor the people of these the United States of America, a free people, under law, a Republic like none other in history?

© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the images.
All rights reserved.  For copies, reprints, or sharing, please contact through LinkedIn:
https://www.linkedin.com/in/davesalisbury/

Democracy vs. Republic – American Governance

Please note: A republican method of governance does not mean everyone belongs to and votes the “Republican Party” ticket.  Nor, does the democratic governance method mean everyone adhering belongs to the “Democratic Party” ticket.  The political party is not the style of governance, and this is the first distinction that must be realized.  No political party deserves your support, unless they espouse, and live, what you want them to espouse and live.  America has had good and poor elected officials from both major political parties.  America has even changed major political parties; and this is a good thing!

The Duty of AmericansToo often people are confusing democracy, democratic governance, and the American Republic.  Talking heads in the media get this wrong all the time.  Hollywood has never gotten the distinction correct, ever.  But, this ignorance might be by design as Hollywood has always been a breeding ground for disinformation, propaganda, and elitist posturing.  Regardless of the political party, or lack of political party, every American citizen should be able to recognize Democracy from Republican styles of governance.  The following uses real events to help distinguish the line.

A democracy, at its most basic level, can be described and defined by the control of an organization by the majority of its members.  A simple majority is all it takes to gain the high ground and punish the loser.  A simple majority is if 100 people gather in a room, they need 51 to agree to support a single idea.  Democracies are full of simple majorities who then try to proclaim a moral high ground, and then attempt to extrapolate the single simple majority into a system of keeping the simple majority.

A republic begins with the philosophy and doctrine that embraces equality between its members as the ideal in governance.  Recognizing that today’s majority is tomorrow’s minority, rules provide equality between people, and all titles are transitory.  A republic is messy; equality in treatment under the law allows for every person to have the same opportunity because their inalienable rights have provided them with eternal potential to become anything they desire.  This is especially true when a person desires through their actions, attitudes, and behaviors, which is not desired by the rest of the society, provided the individual does not break the law.  However, laws are not changed to outlaw behaviors, curb ideas, or infringe upon inalienable rights as laid out and codified in the Bill of Rights.

Lady JusticeFor example, The Department of Veterans Affairs (VA) – Office of Inspector General (VA-OIG), recently sent a report regarding an investigation of Peter Shelby, the previous VA Assistant Secretary for Human Resources and Administration (HR&A), who steered a $5 million contract for the benefit of individuals with whom he had a personal relationship.  This is a prime example of democracy in action.  The person in charge had to pay for the simple majority that kept him in power.  Consider the following direct consequences of Mr. Shelby’s actions.

“The contract … included talent assessment services for evaluating whether to hire or promote candidates. When the contract concluded in August 2019, it became evident that VA had purchased services far in excess of what it could use. VA used only 232 of the 17,000 one-year training licenses it purchased for $3.8 million and VA received no value whatsoever for the talent assessment services because required privacy and security certifications were not obtained.”

Mr. Shelby was allowed to resign when he discovered he was about to be fired from Government service.  Thus, he keeps all his retirement, all his Federal benefits, and the money gained from his ill-gotten ventures.  In many countries around the world, these actions are considered, “Realpolitik.”  Realpolitik is politics or diplomacy based primarily on considerations of given circumstances and factors, rather than explicit ideological notions or moral and ethical premises.  In America, Mr. Shelby’s actions are illegal and should have been punished accordingly.

Government Largess 3The American Public has witnessed the same political gamesmanship (realpolitik) in the US House of Representatives, the Senate, and the Presidency, for a long time.  All because, the line between a Republic and a Democracy has been intentionally blurred by those in power, to stay in power.  Never does realpolitik benefit the rule of law, or provide equality as a basic and fundamental position of governance.  Bringing into the conversation the critical quality of genetic behavior and the exponential growth of behavior from one generation to the next.  If Mr. Shelby’s actions can be traced upwards through the behavior of elected officials; how many more unethical behaviors are hiding inside the government workforce waiting for their opportunity to practice realpolitik at the expense of the veterans, taxpayers, and citizenry of America?

Genetic behavioral growth is witnessed when a congressional member is allowed to bend an ethical rule in the name of politics so the simple majority can be sustained.  The next generations are the governors and state legislatures who then replicate and advance that unethical behavior to one that is blatantly illegal, but not “really bad.”  Extramarital affairs, drug use or abuse, alcohol abuse, spouse abuse, homosexuality, etc., are all not “really bad,” laws that are regularly shattered and overlooked to maintain the simple majority.  This then leads employees of governments to act in a looser and more illegal or unethical manner, stealing the public money, misusing government tools and supplies, or in the case of Peter Shelby, forming a relationship and then steering a $5 Million-dollar contract to the entity that most benefits him.

Behavior-ChangeIn a republic, those in power recognize the genetic nature of their behavior, understand that any lapses in good judgment are dangerous, and work to live in a manner that first allows for equality among all.  Even if they must tell another person no.  Consider how much corruption is in Washington, D.C., and every state capital in America, all because the simple majority has lured good people into acting against their principles, against the Republican form of American governance, and against the law established and maintained by the people, for the people, and of the people.  The simple majority will always, to maintain power, refuse to say no, set boundaries, and live by rules and laws.  The republican form of government lives by nothing else but the rules and the laws because equality only occurs under the rule of law.

Notice something important, the first rule of realpolitik is to disconnect the equality of everyone for the power of ruling.  Just as in the book “1984” we see some are more equal than others; which is an extension of democracy.  Then, realpolitik disconnects explicit notions of morality and ethics from actions and behaviors.  Thus, equality is the first casualty in the hostile takeover of democracy.

Consider labor unions for a moment.  Disney produced the movie, “Invincible,” or the story of Vince Papale and the NFL Eagles.  In the movie, there is a union striking, and one sign is made clear, “Striking is DEMOCRACY IN ACTION” [emphasis in original].  The truth in this lie is that strikes are selfish, and represents democracy perfectly.  But, the strike is not democracy in action, the labor union is democracy in action as a legal “pyramid scheme.”  The strike of a labor union, along with all the other work slowdowns, bureaucracies, and other silly games played to thwart republic governance are but tools of democratic leaders to exercise their power.

Religious ThoughtThe labor union spouts a lot of good democratic styled speeches; but acts like thugs, for the benefit of the elected few, at the cost of the dues-paying members.  Proving that democracy is the last thing a labor union wants as the labor union remains a Marxist method of governance.  Take any labor union, anywhere in the world, and you will find the elected officials living large on the backs, sweat, and labor of the dues-paying members.  The fewest of the few long-term dues-paying members will be provided benefits and a lifestyle to be desired, but never obtained, even though the dues have been paid, the labor performed, and the sacrifices made.  The Wall Street Journal has covered the loss of benefits paid for through dues payments, and while the Wall Street Journal does it’s best to keep the union out of the picture, it is not the company’s filing lawsuits, but the unions.

Always, the same principle determines the separation between democracy and republican governance, equality under the law.  The solution is not found in more government programs to “level the playing field,” which is a democratic principle that has never worked!  The solution is found in less government.  Equality under the law is not found in government force; but, in less government potential to exercise that force.  In the 1980s President Reagan was heralded for his nationalizing of the air traffic controllers; thus, ending a strike of the national air traffic controllers.  But, the air traffic controllers still have the same inequalities, same problems, and the same issues as experienced under the air traffic control unions.  Nothing changed fundamentally, and this overreach of government, “for public safety,” has kept the air traffic controller in bondage.  Sure, the cage is nicer, but the cage is still a cage; only now, there is no possible way of escaping the cage.  The same is true of railroad workers, teachers, and so many other employees kept under a labor union’s thumb, or government mandate.

In a democracy, it is perfectly acceptable to maintain the simple majority through nefarious means and ends.  Whereas in a republic, the equality that keeps everyone equally refuses the nefarious types every society produces from having a purchase hold to establish themselves.  Consider the violence that has rocked America since May 2020.  Consider also, all the violence that has shocked and dismayed America since the Watts Riots in 1965.  The Watts Riots are a perfect template reflecting the problems of democracy.

The media, and many people in government including most of the judicial branch, allowed personal anger over issues to become a violent outpouring, where the victim was the community and not the actual target of the violence.  People acted in a selfish manner, with a total lack of self-control, and the community of Watts burned to the ground.  The land is barren, dreams destroyed and lives ruined.  Since the Watts Riots, the community has reached out for more democratic solutions, as if this was not the reason the Watts Riots happened in the first place.  Fast forward from 1965, and every riot since has been glorified for their anger levels, because this helps feed the democratic solutions, keeping people unequal, refusing people their eternal potential, and denying inalienable rights to maintain power and authority.

America, we need to stop the lies that democracy is the “American Way.”  Superman was correct, “Truth and Justice” are the American Way, which is the Republican manner of governance.  America was established upon the fundamental principle that ALL are first equal under the law.  Sure, we have not always lived up to the ideal; but, we are human.  Our humanness is allowing us to falter, not fail.  We fail the great American Republic every time we allow a democratic solution that forces people onto unequal terms.  We stumble, we fall, when we forget that equality is precious and considering all to have the same equality means allowing people to suffer consequences of attitudes and behaviors.

President AdamsWhen one person can be supported in their immorality because of their money (Jackson, Kennedy, Epstein, Clinton, Weinstein, etc.) when others are punished for the same crimes (pedophiles, murderers, thieves, rapists, etc.) we have a democracy.  When all, regardless of money, titles, political power, etc. are held to the same laws and legal standards the great American Republic survives and gains strength.  To rebuild the American Republic, we must first cleanse the inward vessel, removing from public office all those who refuse the blessings and work of a republic for the ease and captivity of a democracy.

© Copyright 2020 – M. Dave Salisbury

The author holds no claims for the art used herein, the pictures were obtained in the public domain, and the intellectual property belongs to those who created the pictures.

All rights reserved.  For copies, reprints, or sharing, please contact through LinkedIn:

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Clearing up the confusion! – Understanding the Government of America

Representative Deb Haaland (D) sent out an email recently claiming America is a “Constitutional Democracy.”  I will endeavor to correct this confusion using simple terms, for Representative Haaland’s benefit, please allow me to elaborate.

A Republic finds its history lodged in the writings of Plato, who called a republic “possessing the structure and composition of the ideal state.”  James Madison provides America with the only definition needed for America to be a democracy, “We may define a republic to be … a government which derives all its powers directly or indirectly from the great body of the people; and is administered by persons holding their offices during pleasure, for a limited period, or during good behaviour [Emphasis added].”  A republic is a government system where the supreme power rests in the body of citizens entitled to vote and is exercised by representatives chosen directly or indirectly by them.  Finally, a republic is recognized by the head of the government not being a monarch or other hereditary head of state.  America has a Constitution that leaves all the power of the government in the hands of her legal citizens.  Legal citizens are not impostor aliens or terrorists captured on a battlefield; thus, US Constitutional Rights do not apply or cover these entities.  A Republic is formed around the principle that through property ownership, freedom is generated.  A Republic requires time, majorities that clearly surpass a simple majority, and when personal property is threatened or removed from individual citizens, that republic slips into a democracy.  A Democracy cannot climb into being a Republic, but the Republic can be reduced to a democracy.

Democracy, is associated with the “rule by the people” or a simple majority wins.  The associations of democracy have become more twisted since the mid-1930s and therein lies the problem, democracies have existed under the feudal system of government, the communists have tried to instill democratic changes, and dictators like Maduro in Venezuela have employed democracy.  Democracy other than being dangerous, is the belief that a simple majority rules for everyone.  Winston Churchill is correct, “No one pretends that democracy is perfect or all-wise. Indeed, it has been said that democracy is the worst form of government except for all those other forms that have been tried from time to time.”  The reason democracy is dangerous is the belief that people control the rule when they have nothing to do with the ruling.  Rulers of a democracy are not bound by the “Rule of Law” they are only restricted by statistics reported in opinion polls, which Mark Twain aptly called, “Damned lies.”

Consider the United Kingdom is a “Democratic Polyarchy” as they have a hereditary monarch ruler, and a democratic parliament, when the people demanded an exit from the European Union, the supposedly democratic parliament stymied and thwarted the people’s will to keep the United Kingdom in the European Union.  Venezuela is a democracy where the constitution was destroyed for personal power, the country was bankrupted for the enrichment of the few, and the people are now left starving wondering where their country went.

America’s founders were interested in creating a representative democracy, under a republican form of government to protect the property rights of individuals that generate the most freedom for the most people.  Under a republican form of government, everyone is first bound by the rule of law, in America’s case, the code we are all united under is the US Constitution, where even the government must answer to the lowest of citizens.  Important to note, a Republican form of government, does not mean that the Political Party “Republicans” are the party to rule exclusively.  The plasticization of words and terms continues to create confusion being where politics is concerned.

America was never expected to be a direct democracy, where Representative Haaland (D) is basing her erroneous statement regarding America being a “Constitutional Democracy.”  Here is where the fallacy resides, a constitutional democracy would only require a simple majority to enact new clauses in the constitution.  America’s Constitution requires ¾’s of the individual US States to ratify a Constitutional Amendment after the Constitutional Amendment has won supermajorities in the US House of Representatives and the Senate.  Thus, any fourth-grade student who has passed American History can tell how and why America is NOT a “Constitutional Democracy” as stated by Representative Haaland,  “Constitutional Democracy” is fallacious, deceiving, and meant to create confusion in the populace.  Since Representative Haaland (D) and Senator Udall (D) continue to disregard their own constituents, I expect more but have come to realize they will not adhere to providing a higher level of respect for the offices they individually hold, representing their constituents across the political spectrum.

Since we are discussing the rule of law, republics, and other related topics, let us dig a little into an item that is killing America and her freedom, the loss of private property.  Charles Reich, an American legal and social scholar as well as an author who was a Professor at Yale Law School, writes a paper every American citizen needs to read and be concerned over, this paper is referenced below, and the link is active.

Government Largess 4Starting in the 1930s, during the “Great Depression,” changes were made to America’s methods of governance by the President, a willing media, and sycophants in the Senate and House, where the Federal and State Governments could begin to rule by largesse; picking winners and losers based upon obeisance to a bureaucrat’s whims, wishes, and will.  Reich lays out this history, walks the reader through the laws, and makes the case that because of democratic rule America’s Republic has been reduced to a feudal system where the government decides who gets the largesse and who does not.  With the Federal and State Governments making these decisions, business do not compete fairly upon their own merits, but upon how much taxpayer money they can bamboozle from Uncle Sam.  Unfortunately, the entire system hinges upon reducing private property ownership, and the freedoms private property allows, to feed the ever-hungry beast of Government consumption.

Government Largess 2A perfect example is found in K-12 Schools; when a school insists they need more money from the taxpayer, they blame poverty and race as to why their students cannot learn, unless more money is poured into a failing school to purchase a “magic-bullet,” e.g., expensive new toy, technology, or program.  Providing three lies in one, and excusing designed incompetence for the failure of students who have been abused by the teachers.  Race governing ability is the first lie.  Poverty dictating intellect forms the second lie.  More money being needed in K-12 Education is the third lie.  The designed incompetence that allows or encourages, a teacher to pass a student that does not meet the standards of learning, is an abuse of students, not a problem of funding.  Here is government largesse in action, if the school board does not adhere to the lies of race and poverty affecting intellectual ability, that school does not get more money.  Repeatedly, we see these lies vociferously declared in the media, that poverty and race are holding a school/student back, and the government needs to spend more money.  When in reality, leadership in the school, reinstating the authority of the teacher, and respect is what is required for those schools, not more government largess, and indeed not another program or technology that no one can afford, and that will fail to achieve the sales pitch.

Image - Eagle & FlagThus, America needs to demand change through the ballot box, to insist that freedom and private property are returned to the people, and those representatives who have no moral center, or cannot serve their constituents from both parties equally, are removed from politics, indefinitely!  Since America is a Republic, and not a democracy (yet!), the problems in representation can be solved.

 

Reference

Charles A. Reich, The New Property, 73 Yale L.J. (1964). Available at: https://digitalcommons.law.yale.edu/ylj/vol73/iss5/1

 

© 2019 M. Dave Salisbury

All Rights Reserved

The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

Assimilation: A Plea to All Immigrants and Americans!

America has recently opened its doors to large groups of people from countries around the globe, but especially from war-torn and ravaged lands.  Welcome, I am glad you are here!  The Mayor of London recently came to America and derided, denigrated, and demeaned America for asking immigrants to assimilate.  Yes, America will ask you to assimilate; yes, this request includes those legal and illegal immigrants and refugees; yes, assimilation is hard but worth it.

Assimilation is simply taking the best of your native culture, ideals, values, and beliefs, and adding them to the best America has to offer.  America is not a perfect country; we are asking for your help to improve our country by adding the best of your experiences to our best experiences and build America into a greater nation with greater opportunities for freedom.  Why does America ask you to assimilate, even though it is hard; the answer lies in the principles of unity, responsibility, and achieving the “American Dream.”

What is the “American Dream?”  Simply put, the “American Dream” is to realize freedom, all the benefits of freedom, shouldering all the responsibilities of freedom, and achieving these freedoms through work, education, and self-discovery.  A lesson many Americans need to be reminded of is that the “American Dream” has nothing to do with acquiring stuff.  The “American Dream” has nothing to do with spending money, although great freedoms are found in earning money and spending that money according to our own desires.  The “American Dream” has nothing to do with purchasing a home, even though owning property is a cherished freedom.  The “American Dream” is realizing freedom in all its glory and all of its reality.

The “American Dream” means failure, struggle, hard work, loss, gain, understanding value, and so much more.  The “American Dream” has tragedy and heartache, misery, and the ultimate joy of achievement.  Some of the hardest struggles in understanding the “American Dream” are found in sending loved ones marching to war and not seeing those same loved ones marching back home.  The “American Dream” is to understand and embrace freedom, to see the best and worst of humanity and realize that freedom is still the best form of government available, notwithstanding all the imperfections.  The “American Dream” means unifying around a single standard.

What is the single standard to rally around?  That single standard is the US Constitution and the American Flag.  Does rallying around this standard mean suddenly easy street, riches, and smooth sailing; absolutely not!  Rallying around this standard simply means unifying, dropping the labels, the hyphenations, the separations, and realizing that together we are better than we are separate.  Again, the “American Dream” is all about understanding freedom in all its glory, majesty, and terribleness.

The principles of unity are many, but also very few.  Unity is all about choice, choice is all about freedom, and freedom is all about shouldering the consequences of making choices to either become more unified or less unified.  Simple and complex, easy and difficult, unity is not a paradox; unity is a learned principle.  Consider the young child. Being a child is hard, learning the language, culture, basic standards of education, and growing.  The same is true for immigrants.  Many come here and are overwhelmed.  Like children, simply asking for help becomes a great challenge, and many times that challenge is because immigrants do not realize that help is available and simply requires asking.  Hence, the responsibility is on you, not everyone else; this means the consequences for asking or not asking are also on you; this is freedom.

The principles of unity are found in a common language.  America is the only country on earth where you can keep your language, and the national language, American English, can be a second or non-primary language.  Yet, the choice to learn American English has consequences, and those consequences come with a cost.  Learning American English is hard, requires work, and many times will not make sense until time and experience are added to learning.  Not learning American English is harder, restricts freedoms and the ability to enjoy all America has to offer, and forces you to forever remain outside America’s embrace.

The principles of unity include understanding, learning, and choosing to plot your own path.  No one is going to run your life for you.  Choosing to run your own life requires learning, understanding value, and shouldering the consequences of choices for good or ill.  In America, you can choose to be homeless, and this is perfectly acceptable.  You can choose to chase money; acquiring great riches is possible and completely acceptable in America.  Acquire those funds legally and America rewards greatly.  Acquire those funds illegally, and eventually, American justice will prevail, and those funds will be lost in a very public trial.  Again, we see unity combined with choices leading to coming together under the same standard and enjoying positive consequences or refusing to come together under the standard and enjoying negative consequences.

The principles of responsibility go hand in hand with the principles of unity.  In fact, many of the principles of unity overlap with the principles of responsibility.  For example, failure to rally under the standard of the US Constitution by breaking a law will reveal how quickly the consequence leads to being forced to shoulder the responsibility of failing to unify and how it affects you personally with the full weight and scorn of the American people.  Do illegal actions sometimes not get caught and punished; yes, but eventually society will know and act scornfully.  Justice gets served in myriad different ways.

Consider dishonest politicians.  Sometimes, dishonest politicians are not apprehended and exposed to the harsh reality of the American justice system, but they lose the respect of voters, lose their title, and remain outcasts and pariahs in American society through the media retelling their stories, through a loss of income, and through American society continually chastising them for their misdeeds.  American society can be very harsh for those choosing to not assimilate because the refusal to assimilate means a refusal to unify under a single standard, which requires everyone to do their part to make America better.

Making America better is not a job that can be shirked, forgotten, ignored, or refused.  America is all about working together.  Work requires sacrifice, learning, and properly using freedoms to achieve more freedoms.  Working together requires a common language; the common language signifies a common bond amongst those striving to achieve freedoms as a symbol of desiring more freedoms.  Please, take the best you have, add it to the best America offers, and assimilate into America.  Unify with us in a beautiful patchwork quilt of diversity and togetherness.

Diversity should never be sacrificed for unity, and unity must never be sacrificed for diversity and individuality.  It takes both diversity and unity to make America.  It requires sacrifice and responsibility to make America.  It requires a willing mind and open heart to achieve freedom and to understand more freedom is possible with assimilation than without assimilation.  The choice is yours; the consequences are yours; choose carefully.

© 2016 M. Dave Salisbury

All Rights Reserved

Employee Practices – Or ‘More Top Down Government Control’

Over the course of time, the Federal government has exerted control over employment.  Each time control has been exerted, freedoms, money, and precious resources have been squandered, wasted, and lost forever.  The following is a high level overview of the legislation and the costs involved.  There are no political leanings contained herein, simply facts about the costs and the freedoms lost.  Tied to each of these pieces of legislation is the utopian ‘Kool-Aid’ goal of full employment previously discussed.

In brief review, modern employment, as we know it, began with a small change.   Soldiers, sailors, marines, and airmen coming home after being drafted to go to war, wanted and needed jobs.  Thus, the Federal Government changed some rules, wrote the legislation, and veteran preference in hiring began.  Sounds good, right?  Everyone loves veterans, so this is going to be a good thing all around; not quite.  By carving out exclusions for veterans, other people wanted to possess special treatment.  These people found lawyers to argue their cause, and special classes emerged for all types of people.  Entire industries have been built to identify, find, and pressure for special classes in the law.

This is not to say some of those people desiring special treatment did not need to have awareness of their particular plight become more known.  For example, people with physical disabilities needed awareness raised to advance hiring practices and level the playing field, but this should not have been a matter for federal legislation.  Each state in the Republic of America was considering laws for physically disabled people.  By forcing federal legislation, states lost the power to dictate, employers lost the freedom to act independently, and those with physical disabilities became second-class employees.  Instead of pride in accomplishment, which was desired while raising awareness, serf-like attitudes and complacency have become the order of the day.

Let us review three federal laws that emerged from these circumstances described above and which influenced employer/employee relations.

Americans with Disabilities Act  – 1990

  • Has its seminal beginning in 1973 Section 504 making it illegal to discriminate against those with disabilities if the organization receives Federal Government subsidies.
    • “No otherwise qualified individual with handicaps in the United States . . . shall, solely by reason of her or his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance….”  (ED.gov, 1995)
    • Classifies disabilities by disease.  Includes “Hidden Disease[s],” is changed constantly to update diseases covered, and dictates the only requirement for the disease is that the disease have a material effect on one’s ability to perform a major life activity.”  (Ed.gov, 1995)
    • Costs to business mostly occur in ‘soft’ costs, i.e., changing procedures, reasonable accommodations, etc.  Something to keep in mind though, “… noncompliance can cost an employer. In fiscal year 2006, for example, the Equal Employment Opportunity Commission (EEOC) resolved 15,045 disability discrimination charges and recovered $48.8 million in monetary benefits for workers who did not receive accommodations to which they are entitled under the ADA…”  (Woog, 2008)  Thus, monetarily speaking, noncompliance costs more than compliance.

Monetary issues are not the only costs involved, and the ‘soft’ discrimination of people with disabilities is reported to remain an ongoing problem.  Regardless of size in the organization, employers report a general consensus:  if the costs of compliance are under $500, it “makes sense” to comply.  If more than $500, the employer and disabled person will be at loggerheads.  The reason so many people have problems with compliance is that disability compliance is difficult to prove in the current employee/employer environment.  Shifting the paradigm and hiring by skill set allows the individual to set the work site accommodations, own the solution, and drive relationship.  Pride in accomplishment is lost when government mandates compliance, forming yet another cost.

Equal Employment Opportunity Commission (EEOC)

  • Begun with Title VII of the Civil Rights Act of 1964.
    • Foundations are discovered in Executive Order 8802, signed by President F. D. Roosevelt, demanding no discrimination based upon Race, Color, or National Origin.  This is the same president with war camps rounding up Japanese descendants and forcing those of German and Italian descent underground, but I digress.
    • Civil Rights Movement forces onto the worldwide stage the disparity between those of color and national descent.
      • Funded by the USSR and other communist and Islamist nations
      • Feeds into the current mindset that those of color should be coddled
      • Strips pride of accomplishment, desire to improve, and need to become better from people of all color, race, and national origin
      • Age discrimination has been added to protected classes against discrimination and the following statistics are known:

Equal Employment Opportunity Commission’s (EEOC) Charge Statistics for 2008. Private sector discrimination filings with the EEOC for 2008 (95,402) surpassed 2007 (82,792) by a staggering 15% – the biggest jump in the federal agency’s entire 44-year history.

  • Legal fees for lawyers, litigation costs pre-trial, and costs for compliance monitoring and training are substantial outlays for all business organizations regardless of size.  Compliance costs do not include ‘soft’ expenses and, as shown above, compliance costs are never about money alone, but many companies place total costs for compliance in monetary figures between $100,000 to $500,000 depending upon business organization size per claim.

Societal costs are staggering and unsustainable.  The need to both protect against litigation and meet the hiring quotas has, instead of bringing together a unified melting pot, broken the nation along more racial and national lines, pitted the experienced against the inexperienced, slandered age, and destroyed knowledge attainment for political connections.  The death of merit, honor, and dignity has been pronounced if changes to employment cannot occur soon.

Affirmative Action

  • This disaster has lead to such ambiguous terms as “Reverse Discrimination,” “White Guilt,” etc.  Affirmative Action was expected to be a temporary measure, but like all governments everywhere nothing is more permanent than a temporary measure.
  • Empowering judges to litigate from the bench to “correct wrongs.”  While the courts straddle the line about applying affirmative action and EEO, specific mathematical formulas detailing compliance are frowned upon, making compliance costs soar.
  • Closely tied to the utopian use of money to sway society.  Local, state, and federal government call this “investing in minorities and women” by spending prescribed amounts of money solely on business organizations owned by minorities and located in minority areas, all based upon quotas and political leadership.

Affirmative action, more than any other piece of legislation, accrues higher compliance costs.  Most of the legal problems will end in the Supreme Court where the basic price tag is $1 million.  Again, the entire cost of this legislation is not found in dollars and cents, but in mindsets, attitudes, and societal shifting.  The government costs for abiding by their rules is staggering; yet, the costs for businesses, schools, non-profits, etc., is worse.  Disney produced the movie, “Remember the Titans;” in this movie, the head coach and his assistant coach are having a conversation with direct merit to Affirmative Action.  The head coach tells the assistant that he “… [I]s crippling the young black kids… by coddling them.”  Society, since the Civil Rights Act of 1964 has crippled black society into being what they are currently, crippled white society, and forged iron chains of captivity around the hands and feet of all Americans in and out of the workforce.

These are but three of the many pieces of legislation stemming from the idealistic desire of the ‘Employment Act of 1946’ and the 1976 revision ‘Full Employment and Balanced Growth Bill.’  Top down government mandates only work in the US Military, and then only rarely work well.  America must re-embrace free enterprise, recognize that knowledge builds value, and exercise the freedom to choose including the inherent responsibility and accountability for consequences.  Until then, employers will continue to be forced into compliance, employees will lose, and politicians at the federal and state levels of government will award winners and losers unequally.

We, the citizens of America, must force the issue of change and reign in government spending, both of which can be accomplished through shifting the employment paradigm from employer/employee relations to an employer/independent contractor model.

© 2012 M. Dave Salisbury

All Rights Reserved

References

Ed.gov. (1995, January 01). The civil rights of students with hidden disabilities under section 504 of the rehabilitation act of 1973. Retrieved from http://www2.ed.gov/about/offices/list/ocr/docs/hq5269.html

Woog, D. (2008, August 22). What is the real cost of ada compliance?. Retrieved from http://hrpeople.monster.com/news/articles/1073-what-is-the-real-cost-of-ada-compliance

Employee Benefits – A History of Corruption and Coercion

From humble beginnings atrocities begin.  Every action must follow immutable and unalterable laws, consequences follow choices; this article follows the influence of choice pieces of legislation from impetus to current event entanglements.  Only through learning history can proper change produce preferred results.

Modern employment, as we know it, began with a small change from the republic principles of free enterprise morphing into the democratic philosophies of top-down government control.  Soldiers, sailors, marines, and airmen coming home from WWII had left jobs and wanted those jobs back; so, the Federal Government changed policies, wrote legislation, and veteran preference in hiring began.  Sounds good, right?  But by carving out exclusions for veterans, other people wanted to possess special treatment.

What occurred in Federal Legislation has caused some serious problems; the first of these problems began with the altruistic ideal of full employment.  Full employment refers to  “the continuing policy and responsibility of the Federal Government . . . to coordinate and utilize all its plans, functions, and resources for the purpose of creating and maintaining . . . conditions under which there will be afforded useful employment opportunities, including self-employment, for those able, willing, and seeking to work, and to promote maximum employment, production, and purchasing power.”  (Scitovszky, 1946)

The Federal Government in 1945, with enough good intentions to pave a super-highway from New York to Beijing, sought to avoid the natural swings which occur in finance and wrote a bill, eventually entitled the ‘Employment Act of 1946’ to avoid future problems experienced between the prosperous 1920’s and the depression of the 1930’s.   To try to improve financial situations for the Federal Government, employment was considered and tied to economic indicators, suggesting low unemployment equates to higher tax revenues and dollar strength.  This reasoning is valid; however, the consequences spinning off these legislative nightmares are self-defeating.

The next time these economic indicators were reviewed was in 1976 with the ‘Full Employment and Balanced Growth Bill.’  Both of these bills, 1946 and 1976, show tremendous influence from Keynes and his theories of being able to spin into prosperity by incurring unsustainable debt.  Sections 2b and 2c of the original bill from 1945 are crucial to understanding the nightmare problem.  In 1945 the legislators declared full employment is possible for all those who desire it, and proposed full employment through federal government spending.  See the problem, especially in the current fiscal cliff negotiations; the Federal Government has become a consumer of goods and exercises a little known principle “Those who pay, control.”  By becoming a consumer of goods and spending money as a customer, the Federal Government can now demand private enterprise obeisance.

Section 3 of the 1945 version of this legislation requires that the president forecasts and writes a budget to increase or decrease spending based upon unemployment numbers and percentages.  The president must forecast spending on a yearly basis to which Congress must then write the underlying legislation as part of the budgeting process.  The president was made directly responsible for the employment of every person in the US who wanted to work, desired to work, was healthy enough to work, and the legislative bodies would produce the needed bills to make it happen.

Flash forward from 1945 to 2012 and the problem is glaringly obvious.  With a disinterested president failing in his legal duties to propose legislation and forecast employment and spending to the House of Representatives and the Senate, a contentious House and Senate that is more interested in internal politics, divisive sound-bites, class warfare and race games, and world economy fluctuating between dead and dying, the problem with this legislation becomes clear.  There is no control mechanism that compensates for the above.  Dictating through top-down government what businesses need to produce and still call it free enterprise is not possible.  The principle of full employment limits choices by forcing people to become employees through inflation, limiting markets, and the over regulation of enterprise.  These laws do not treat people equally because of the definition of employee, which feeds into the description of full employment.  Ranchers, farmers, and other independents suffer because of these laws and the definitions and classifications of the term ‘employee’ and ‘employment’ including ‘self-employment.’  Making the Federal Government a consumer has failed to provide true economic freedom and prosperity.

The nightmare of compensatory finance, as established by Keynes, is the main problem facing America today.  These two little known bills continue to rob America of greatness, steal future generations of prosperity through debt, and keep the Federal Government wasting tax dollars on frivolous projects.  Full employment is a worthy goal, but it is not obtainable due to the following reasons:  Federal Government spending into debt just to buy goods not used; Federal Government spending simply to keep unemployment numbers low; or Federal Government spending to soften financial cycles, all of which are unerringly wrong.

© 2012 M. Dave Salisbury

All Rights Reserved

References

Barro, R. J. (2011, August 24). Keynesian economics vs. regular economics. Wall Street Journal. Retrieved from http://online.wsj.com/article/SB10001424053111903596904576516412073445854.html

Sanotini, G. J. (1986). The employment act of 1946: Some history notes. Federal Reserve Bank of St. Louis.

Scitovszky, A. (1946). The employment act of 1946. Social Security Bulletin,