ex•tor•tion [ik-stawr-shuh n] –noun
1. An act or instance of extorting.
2. The crime of obtaining money or some other thing of value by the abuse of one’s office or authority.
3. Oppressive or illegal exaction, as of excessive price or interest: the extortions of usurers.
4. Anything extorted.

Early in our industrial infancy, the cheapest labor was often recent immigrants, indentured for their trip from the old world. Like many nubies, they were mocked as unsophisticated or slow witted by some in pop culture for their low socio-economic standing and lack of understanding of local norms. They were employed at a slower rate than assimilated workers. Unscrupulous business owners, and I might add, political parties, took unfair advantage of their ignorance. Workers were hired under misleading arrangements specifically worded to entice these workers into unfair contracts. The workers did what all workers in a free market do when treated dishonestly, the walked out. This wiped the gotcha-smile right off the bosses faces. The bosses could not infringe upon one’s right to life, liberty, and the pursuit of happiness. One of the principles essential to the right to pursue happiness is the ability to keep the fruits of one’s pursuits, the protection of private property. The bosses wanted to get the production from the worker, and keep much of the remuneration as well.

To infringe upon this right required collusion with government.

Fraudulent employers got bigger, helped elect business friendly politicians who then enacted laws allowing employment contract skippers to be arrested and to allow local police to enforce the terms of the contracts. Railroads, coal mines, steel, were industries notorious for taking advantage of workers, enforced with the help of local and state police. They paid in script only accepted at the over priced company store. This is the part of the story we have all heard. The employees banded together and stopped working. Without production, the bosses could not buy the government they needed to keep the employees working. Such collusion only works to the advantage of the privileged few. We elect our government and the majority of Americans do not appreciate fraud and corruption, even now. Once the lights were turned on, the roaches scurried.

For most of the rest of our country’s history, unions could strike and business owners could fold. Pay and benefits were negotiated somewhere in the middle. All agreements were subject to either party simply walking away, at least temporarily. If the business folded, no amount of picketing would create money from thin air. If the employees walked, no amount of retained profit would produce. Soon equilibrium was reached whereby the employees felt favorably compensated, the business owner had labor he could count on and little changed year to year. Employees questioned the relevancy of the unions and hesitated to pay the dues for no change year to year. But politicians, as they are prone to do, followed the politically expedient source of money and grew to be on the “side” of unions, for a price. The unions used the means at their disposal to enact favorable legislation of their own. So was born the closed shop. If you wanted a job in a union shop, you had to join the union, often before applying for the job. Anyone who was not pro-union would not be allowed to join and therefore could not get the job. Friends and family were the only ones allowed to join and dissention in union matters was scarce. Even with this arrangement, employees were less and less interested in joining unions and paying the extorted dues. Non-union shops could pay less and charge less and fire people more easily, at the same time, they hired more easily and sometimes the take home pay was higher as no one was supporting a union infrastructure. This was especially true for other countries. Soon, a new generation of workers grew up only hearing stories of the labor movement. Their union loyalty faded as the union looked less and less like the savior of mistreated employees, and more and more like the bloated bureaucracies that had enslaved their grandfathers. Unions needed a better way of growing members in order to survive.

One option, the hard way, was to insist on minimum standards for members for training, ethics, dependability, etc. They could insist on eliminating poor performers from their ranks. This would give unions a reputation for the best employees for the money and guarantee a steady supply of employees wanting to join and a steady supply of employers wanting to hire them. The downside, the dues would have to be really low to keep newly employed members from leaving once they got the job. And, there is the downside of having to produce something in return for the dues after years of getting closed shop dues for relatively little. But if they could find another option, a new steel industry or a new coal industry, where the businesses hardly had any competition for employees, it would be much easier. Such a business would be staffed by employees with little choice but to work for the union. What would be even better is if they could do so in an industry with considerable profit margin from which to negotiate. The search was on for an industry with unlimited funds, relatively high tolerance of favoritism and nepotism, and a favorable political climate.

The perfect industry exists. However it was illegal to organize until the late 1950’s. Then a New York City mayor wanted to secure a few city worker votes and the public sector union was born. Democrat politicians across the country rushed to add public sector union members to their roster of campaign contributors. The unions could push the entitlement form of pay and benefits, and get the government to pull their closed shop union dues straight from the employee’s paychecks. The union could then use those dues to help elect pro-union politicians with which to negotiate those entitlements. The position normally held by the business that could go out of business was now filled by the tax payer. The tax paying public can not cease to exist due to unprofitable employment arrangements. Moreover, the union employee gets to vote for their representative on the government side of the table, same as any other tax payer. They then also get to send a second negotiator on the union side. The first places to adopt such laws were those states where a large portion of the state’s employees worked for big, heavy industries which were already union supporters. The rust belt fell first along with steel and dockworkers heavy states. More would follow as right-to-work states had uprisings to get the “right” to extort higher pay from their taxpayers as well. All went as planned, at first.

The arrangement in Wisconsin threatens the golden egg laying goose for two simple reasons: Greed and incompetence. Pay is peanuts; the big money is in pensions. A public sector worker can work for 30 years as a teacher, from 25 to 55 years old, retire with a pension, live to be 85 years old, and draw more in pension in those 30 years than they were paid to actually work 30 years. Each time a teacher in Wisconsin retires, the cost of their replacement is double, one for the replacement, one for the pensioner. In a private sector business, where pensions have long gone the way of the dinosaur, the money for the pension would be set aside each year the teacher worked. The cost would be obvious as the $52,000 teacher also had $52,000 set aside for her pension in hopes that she only lived 30 years following retirement. Retired teachers who live to be 90 could see 5 years when the cost is triple. The number of retirees, who do so, increases every generation, as does the base pay, all of which is renegotiated each year. The public sector union employee in Wisconsin grew up seeing their parents get this pension, without paying into it themselves, and now expect the same. They see it as a right. They feel entitled. Public sector pay and benefits outweigh the private sector employee packages from which the public sector pensions are paid, and the private sector employee also paid for a significant portion of their own retirement. Private sector pensions are all but nonexistent because no one can predict how long a new 25 year old employee will live after retirement. No business decision can be made 30 years in advance with any security. Private sector employees must live off of the retirement they helped pay for as well as continuing to pay for the public sector pension for a retiree who did not. The cost of a public sector union employee far exceeds that of the private sector employee’s pay and benefits. Which would be OK, if the electorate feels they are getting their money’s worth. The downside of favoritism and nepotism in an environment of employees motivated by belief in entitlement to the job, is that performance will always be lackluster at best, and never approach the performance where continued employment and promotion require it. Indeed, the union can be counted on to talk higher performers into slowing down or performing less to prevent bringing undue attention to the overall lackluster performance. But the internet allows parents to realize that their students are more likely than other similar students to perform poorly, despite spending much more per capita on education. As teacher pay increased, public school student performance decreased. We understand child learning better now than in previous generations, we have computers and other teaching tools available to us like never before, and a large portion of Wisconsin public school 8th graders cannot read proficiently.

But the death knell for the public sector unions in Wisconsin and the rest of the U. S. sounded when they took a stand on the ability to renegotiate their position, on the promise of accepting pay and benefit cuts now. They got the nation’s attention when they stated flatly, that cutting pay and benefits for union members instead of raising taxes on everyone was solving a money mismanagement problem on the backs of the unions.

Really? The collective scowl from the country was palpable.

Although they were correct about the mismanagement, it was at the hands of the union-elected miss-managers. Taxes had already been raised 60% to pay for the existing packages as businesses left the state. Fewer students to educate could not be accepted as a sound reason to lay off unneeded teachers. The teacher’s union wants everyone to pay even higher taxes, following an election upset run and won on the promise of cutting spending and taxes,  The union promises that union members will take a small hit now, so long as they get the opportunity to negotiate themselves raises and increases in the future, (when they can get more union friendly politicians elected). What I heard was, “We will keep the roaches out of the kitchen so long as the light is on.” Such negotiations in the past have often been accompanied with back pay for those cut years. In other words, “Write us an IOU for the “pay cuts” we are borrowing from the next generation of workers we are under-educating, or we will shut down the underperforming school system we took an oath not to abandon. Really, we promise.” To put it in terms some of you might appreciate, they said, “Nice school system you have here. Be a shame if something bad were to happen to it. A threat?!! Heavens no, it is illegal for teachers in Wisconsin to strike! I’m just sayin’ if something were to happen, organically without our community organizers community-organizing it . . .”

We are at a crossroads in this country on so many levels, but this is ground zero for the entitlement culture war. (Wisconsin is also seen by many as the beginning, ground zero, for union solidarity of past unions. I find this ironic, but perhaps fitting that the attempt to skew the political processes in favor of the privileged few, on the backs of the many, would be exposed there and defeated there.) If Wisconsin folds, so folds the country.

I call for the formation of a new union, one representing the over 80% of all workers who are not currently represented. I suggest that membership be open to all taxpayers not belonging to a union and that membership can be begun and ended year by year, with a prorated refund of dues anytime a politician you don’t want to support is supported. I suggest that we vote ourselves the “right” to bargain and the “right” to have union members pay OUR retirement and healthcare. In fairness, the unions will likely loose the ability to negotiate pension and healthcare soon either way. Perhaps we should only reserve the one right we truly do have; the right to the pursuit of happiness; the right to keep our property. I suggest we organize a taxpayers union and strike to end the extortion of our property on the threat of public employee sickouts. I want the right to strike and put the golden egg laying goose out of the egg laying business. I want to strike to end the practice of borrowing from our children without their informed consent, to send from balanced-budget/right-to-work states like Virginia, to states like Wisconsin.

We can survive without public sector unions. They cannot survive without us.

There was a time when teachers were examples of the better parts of our society. They were generally kind, articulate and selfless. They worked for little pay compared to their education level and often took tutoring in the evenings and summers to bring their pay up to that typical of their communities. We held them in high regard for their job choice and insisted that our children treat them with the highest respect, often more than elders and family members. Something changed, in us or the profession or those attracted to it. Somewhere along the line we coined the phrase, “Those who can, do, and those who cannot, teach.” We claim that public teaching is the fall back occupation for some people seeking an easy occupation, recognizing they work alongside those well suited to and proficient at the task of preparing our children for the future. I know this because I have met some amazing teachers, mine and those of my children. With an increasing percentage of our population getting degrees in subject areas unsuitable to any other profession, (gender studies?) it is predicable that teaching would begin to look like a more representative cross section of our good and bad society than the better-among-us of the past. What happened to the days when parents looked at school as a path to a better life for their children than their own?

But I called them crazy and I’m sticking to it. If you look at the two extremes of teachers in the profession, you would have an example of the typical government bureaucrat on the one end, and the consummate professional on the other. The stereotypical bureaucrat is not more interested in being a teacher than any other government profession. This person could have as easily applied for a Postal job but teaching opened up full-time first and the local municipal staff are expected to work summers for less pay, so teaching it is. Some of these are capable of being good at most anything but didn’t like their private sector prospects. Many are talented and can be fairly decent lecturers. Good students with mediocre drive can get a good education from such a teacher. Their main goal is to keep their head down and survive to retirement while avoiding summer duties. The worst teachers come from this group, but rarely the exceptional ones.

On the other end are the committed teachers. (Not loony committed, although it seems I am making that argument.) These take an interest in their student’s success and judge their own by it. They notice and are affected by students who do not perform to their potential. They notice techniques and seek out methods which make them more effective teachers. Students with any drive will succeed in such a teacher’s classroom, some without drive are motivated by them and excel. They are most frustrated by students and parents who treat school like day care, some place to exist, not a place of opportunity. Such frustration peaks when they see parents in jobs they hate; oblivious to the link between being able to learn and being promotable at work; living vicariously through their children. Imagine the discouragement felt in a parent-teacher conference with a parent encouraging their child to take school lightly and berating the teacher for expecting too much and not “letting a kid be a kid,” How hard would it be for such a teacher to not scream at such parents? How hard not to scream that they are stacking the deck against the kid’s future ability to compete for a job they enjoy. The best teachers almost always come from this group, although some good ones start in this group and migrate towards the other end of the spectrum as their careers beat the drive out of them. The really bad teachers rarely come from or have ever been in this group.

Obviously, we should encourage the consummate professional and at a minimum, weed out the poor performing career bureaucrat. But this is why you have to be crazy to be a public school teacher. We do neither of these even as we lament the fact. Given my previous description, which I find people generally agree is accurate, we should have no trouble noticing which type we encounter.

In Madison, Wisconsin teachers called in sick in such large numbers that their schools were closed. There is pending legislation which, among other things would require teachers to pay for part of their retirement pensions as apposed to the tax funded arrangement the teacher’s union secured previously. Further, they would have to pay a portion of their own health insurance, the details of which would be set legislatively. Also, pay raises would be linked to inflation instead of going up faster than private sector salaries and related tax revenue. Keep in mind that business owners pay all of their own retirement, and a portion of their employee’s retirement. Private employees pay more of their own insurance premiums and retirement contributions than the proposed portion Wisconsin teachers are being asked to pay. State laws and the new federal health care mandates determine the details of private insurance policies even as union employees are exempt. Pay has gone down in recent years in the private sector as taxes go up and inflation indexed raises for teachers would go up as well. The teacher’s union rep would not answer the question of how the lying about being sick would be explained to students whose lying would not be tolerated on moral grounds. It appears that the Madison school system will allow the absent teachers to use personal days to cover being away from school, contrary to policy. In the private sector, this is called fraud. I wonder if the ones who showed up for school on time will have to loose a personal day as the school was closed? I am certain that those parents who had to come home from work when their kids were sent home when the school closed, did not get paid for their time or lost vacation days. I know that some had to hire sitters as they cannot leave work with such short notice. The school system is supporting the absent teachers, despite the children’s education being adversely affected, with tax revenue from the working people who paid for their absence and additional child care.

Meanwhile, Natalie Monroe, a Philadelphia suburb teacher, was suspended pending dismissal proceedings for writing in a blog where she called some students, “lazy.” Specifically, “My students are out of control, . . . They are rude, disengaged, lazy whiners. They curse, discuss drugs, talk back, argue for grades, complain about everything, fancy themselves entitled to whatever they desire, and are just generally annoying.” Please note that she did not use her full name or the names of any of her students in her blog and in the life of her blog, very little of the content had been about her students or even being a teacher. Her blog could have been written by any teacher in any school about any students, anywhere in the country. It could have been fictional, but she was suspended immediately. She is not being called out for lying about her students, no one is even suggesting that what she said is not true, simply that it is inappropriate for a teacher to say such. I should think that students should be encouraged to critically evaluate such a claim and determine if it has merit. I should think that a teacher should be obligated to speak the truth as often as possible, not to avoid it whenever it is contrary to the bureaucracy narrative.

It seems obvious to me that teachers’ mass lying to students and their employer is acceptable to the Madison Wisconsin school system, even when the student’s education is suspended and the community is disrupted in support of the bureaucracy. It seems apparent to me that the Philadelphia area school system is not concerned that a discouraged teacher speaks in generalities about the state of student entitlement. They are however concerned that a teacher would comment on current culture in which she has intimate professional knowledge. They are not concerned enough to investigate if they are true, or if changes in that culture could be brought about by changes in the bureaucracy and lead to better performing students.

These are stark, perhaps extreme, examples of the state of public education in this country. But it seems to me that similar situations arise and play themselves out in school systems across the country every day. Most are small, almost unnoticeable exchanges to those outside the system. It seems that good bureaucrats are more valued than good teachers. It seems to me that good bureaucrats can lie about their absence and allow students to go unsupervised and untaught for days in the pursuit of monetary gain. It seems that firing a teacher for expressing her personal opinion on her personal web page, on her personal time is acceptable even if the opinion would be permitted by any other member of society. A person would have to be crazy to devote themselves to teaching students who do not value them, be berated by parents who want them to lighten up on school workload and complexity, while reporting to bureaucrats who will not support them except when lying about their motives contrary to their work agreement.

I for one am thankful that such insanity exists.

The first officer of the Konovaloc who’s advice was ignored, says, “You arrogant ass. You’ve killed US!”

Nancy Pelosi is the Russian Captain Tupolev. I am not certain what part Harry Reid played, or where President Obama comes into my analogy. But without a doubt, they are all on the submarine The USS Progressive, and the torpedo sonar is now actively seeking to sink it. They are desperately maneuvering, but it doesn’t look good. Time will tell.

Monday, Federal Judge Roger Vinson in Florida declared the recent “health care law” void, in its entirety. That is not surprising, but what he said about severability is frankly, inconceivable. In my line of work, we help clients draft contracts with which work is hired. They all contain a clause we refer to as severability. In simple terms it says that if some portion of the language we draft is found to be illegal, it will be severed from the rest of the contract, the balance to remain in full force. In addition, we go a step further and state that the parties will endeavor to the degree legal, to replace the illegal language with new language which accomplishes the same result as the severed language. What does this have to do with Obamacare?

All U.S. laws, including the Constitution, are contracts. The Constitution is a contract among the states which lays out how the states will interact as the Federal Government. That is what Federal means in case they glossed over that in your school too. Laws are contracts among legislators which describe how the government will behave by the execution of these laws by, (wait for it . . .), the Executive Branch. Judges hear disputes over contract understanding. When there is a dispute between a used car seller and the buyer over the terms of the transaction, they might turn to a judge. The judge looks at the language of the contract to determine what the parties intended. The buyer cannot decide that the price will be paid in Canadian dollars a week after taking delivery of the car from a U.S. car lot. The language of the contract will clearly indicate what price was agreed upon and the location of the agreement. The intent of the parties is gleaned from the written contracts and any information indicating the understanding of the signatories at the time of agreement. A purchase in the U. S. would be understood to be payable in U.S. dollars even if it did not specifically state such. Goods shipped to another country might have a different understood currency. If the car seller in my example promised to include a keg of beer with the car sold to a 19 year old buyer, or if state law forbid free beer, or if the beer delivery were illegal for any other reason, a severability clause would keep the car sale intact, regardless of the outcome of the beer dispute. If this were on of my contracts, I might suggest substituting a cash equivalent for the beer, or deferring beer delivery until the buyer could legally take possession of the beer. Disagreements among honest, sincere parties arise, and the more complicated the agreement and contract, the more likely that a dispute will arise over conflicting understandings of the contract language. Without a severability clause, the inability to deliver the keg of beer could be cause for the sale of the car to fail, even weeks or years after delivery. You might call a severability clause, “Contracting 101” level verbiage.

The “health care law” was obviously intended to completely change how insurance is bought and sold in the U.S. It contains hundreds of new government agencies which will draft thousands of pages of regulations. If the individual insurance mandate is declared unconstitutional, Congress could endeavor to replace the individual mandate funds intended for the health insurance industry with another source. This could be done while the remaining provisions remained intact and functioning. The longer these other provisions remained, the more likely that a source of replacement funds would be palatable to the public. The process of incrementalism would work in favor of the socialist medicine agenda as the discussion moved from Repeal and Replace to Adjust and Tweak. I say could, but the “health care law” does not contain severability language. The more time passes, the more unlikely an entire bill would pass again with different funding. The torpedo is closing in.

How can this be? Is Nancy Pelosi not the greatest trench-warfare political commander the progressive left has ever produced? How could she win all of the battles, with an overwhelming force, only to loose the war? How can hundreds of attorney legislators not notice such a rudimentary oversight? I can understand how over the last ten years or so, the hundreds of political activists who wrote the bill would not know to add such language. They are not contract specialists after all, they are political specialists. But how could contract specialists, attorneys, trained and experienced in government contracts, (laws), many presumably with experience in writing laws with this same language, supported by considerable legal staff, and threatened with Constitutional challenge even before anyone had seen a bill, not take care of this simple matter?

Simply, because of Nancy Pelosi’s attitude. Behind closed doors, the bill was prepared and peppered with bribes presented less than 24 hours before the House of Representatives, over which she presided, voted on it. She demanded, “We must pass the health care bill so that we can find out what is in it.” She demanded, in affect that the safeties in the form of debate and public review, that could have rendered it safer but slowed it down, be removed. It is ironic, I think, that an unintended consequence of a law will bring harm to the law instead of the more typical innocent victim. I can hear a Russian voice in the background calling her an arrogant ass just prior to the constitutional torpedo striking the hull. I can almost hear the Honorable Judge Roger Vinson in thick Sean Connery accent, present the keys to the stealth Socialist Medicine Nuclear Submarine Obamacare, “Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void.”

Much political discussion involves terms and phrases used in ways contrary to their definition. The cynical call it spin. President Obama says he wants to “invest” in research, education, and infrastructure. In part, his motivation for this “investment” is to get ahead of the Chinese in the green technologies race and fabricate a “sputnik” moment. He wants us to “Win the Future.” On the surface, this sounds great, after all who would not want to “Win The Future”, which I will abbreviate WTF. Would I be a loon if I wanted to loose the future green race to the Chinese? After all, they are so interested in being green in China, they have a head start, right? They have demonstrated some technological advance on par with the Russians beating us into space to prompt a Sputnik moment, right? So what could the President possibly mean? As an attorney, he understands that words have meaning, and that reasonable people turn to the dictionary to determine the common accepted definition, so let’s start there. He obviously did not intend for us to understand a meaning different from the common accepted definition. Did he? He would not count on us reacting to our feelings about the word instead of critically checking to see if he used it properly. Would he?

I have to believe his intentions are pure, that he thinks he is doing this for our own good. But his perspective, and belief in economic salvation through government fiat makes me skeptical that he has the usual understanding of the word investment. So consider the following, recognizing my skepticism, and decide. For example, an office manager might invest in training for the staff, invest in education. But buying everyone beer one evening after a training session is spending on a consumable expense. The training should lead to improved production, team cohesion, etc., payback in excess of the costs. The beer, leads to trips to the bathroom. Similarly, truthful investment in research would be in technologies with potential for a return on that investment. Spending on research in thousand year old technology with physical or chemical limitations that limit financial feasibility, would not be investment. Do you agree? We would not, for instance invest in research in windmills or ethanol. If we are to invest in education, like the office manager, we should choose those areas in which we expect the greatest, financial, return on our investment. Such investment might be in the form of incentives to attract medical students to increase medical professionals and lessen the shortage, especially in anticipation of all the new people expected to be on Medicaid in 2014. Investment in education would not be in subjects with no practical use, except to produce future professors. Investment in education would be in science, economics, and business management. There would be no investment in educating people in trades with no market demand as there would be no return on that investment. And any investment in infrastructure would be along the lines of the Panama Canal. We would invest in infrastructure with proven economic advantage over our current methods. We certainly would not invest in more government operated railway, for instance, high speed or otherwise. It would be easy to see the evidence of sincerity and understanding of the word investment. We should not see a line waiting outside the men’s room, or hear talk of free beer.

Simple investment is made in assets which are expected to go up in value with time. This can be raw materials which are tooled or modified so as to add value to them, or it can be real estate which can be improved to add value. Investment can be in people, by increasing their ability to do such things. In other words, investment is the act of taking wealth (capital) and using its ability to produce work to create more wealth. A factory owner might invest in more efficient tools and in the education of the workers to operate them, only if it allowed that owner to increase production value and therefore see a return on that investment. Without a return, spending is consumption, or charity, not investing. A factory owner could find busy work for his employees and call it investment, for a while. But just as beer is a fools investment, his capital would soon be flushed down the proverbial toilet, and he would not long be a factory owner.

“Green” is not relevant to this discussion.. When we spend tax money on research on such limited use technology as solar panels or windmills, we are duplicating research conducted for generations by the private sector. The areas where this method of power generation is preferable to other methods is well understood and found unfeasible outside of limited, remote situations. My family uses solar powered devises and I have seen solar powered wells provide water where it was not feasible to bring power lines. For as long as there has been written record, windmills have lifted water into elevated tanks for later use. But, whenever we must rely on such devices, we must have an alternative for days when the wind does not blow or clouds persist. Any savings in the “free’ energy is lost in redundant spending on duplicate structure. When we can tolerate intermittent failure, we put up with the inefficiency and losses for the savings. But, make no mistake, energy companies have thoroughly tested known material and aerodynamic technology and continue to do so secretly. Each is desperate to be the marketer of the next nuclear fusion plant or any other fossil fuel replacing technology. Are we likely to get that kind of fanatical zeal for discovery through government-grant-investment research? Perhaps, but will the zeal be to find something economically feasible, or something popular, or the answers which bring more congressional funding?

We know how much energy reaches the earth from the sun. There is not enough energy in sunlight to power our country if we could capture it all, with 100% efficiency. Solar panels and windmills will never be 100% efficient, nor will the energy storage arrangements they charge. Anyone who suggests we could have a breakthrough to change our understanding of physics sufficiently to overcome this fact is praying, not planning. Such a person is praying for a change in the natural, physical world, not planning for an improvement in our understanding of it. They are banking on an answer existing in the realm of what we do not know, no in the overall expansion of what we know. A cynical person might attribute such folly to spin as well.

I suggest we let the private sector spend its own money when something new is to be gleaned, instead of spending the money confiscated from all of us because we wish it were so. Following the real Sputnik moment, we didn’t beat the Russians to the moon, we ran there alone. No one was following us. The world was more than willing to let us spend the resources, and watch for the occasional discovery when we stumbled onto one. The world is doing the same now that we are in the “green race”. We performed a technological feat with no financially viable use for it. The world knew it could be done, but only government would do it without answering the question of why would we. I think it is really neat that we have been to the moon, and love the romantic images of doing so with a slide rule. But I would never condone outpacing the Russians if it meant borrowing the money from the Chinese, giving our discoveries to them, and mothballing the program a generation later to rely on Russian rockets to get our satellites into orbit and our astronauts to a space station we share with them. We went to the moon to prove that American ingenuity can solve any problem, the Russians went into space to prove to the Russian people that the Russian government was the solution to any problem. Which more closely resembles the arguments President Obama makes for, “investment”? Let us not spend money we borrow from our kids to mothball another technology without financial feasibility when we can do it now for free.

When we have invested (spent) tax money on education, we got more expensive education. Don’t believe me? Why would anyone spend the tax money to educate their kids in a public school, and also spend the tuition money to educate them in a private school, (as all private school parents do), if one were not better than the other? As education spending doubled in this country, our student’s performance relative to the rest of the world did not change appreciably. When we spent tax money to help students pay for college tuition, we got a corresponding increase in tuition costs. When we use government loan guarantees, we get students studying subjects and pursuing degrees they never would on their own dime, much less if a private bank had to be convinced that demand for workers with those degrees was sufficiently high to empower the graduate to repay the loan. Only the idle rich would pay their own money for degrees in un-marketable subjects. A musician of moderate skill and disadvantaged background can get a loan and earn a music degree with no hope of being employed as such upon graduation. This is not investment, it is entitlement. We believe that this mediocre musician has a right to pursue this career path and some believe he is entitled to have the rest of us pay for it. But more importantly, is such a young musician well served in being led to believe that a music degree and loan payments provide a better future than being a brick mason, for instance?

When we spend tax money on our “crumbling infrastructure”, we are doing maintenance, not investing. Such maintenance is a consumable, not an investment. This is not to say that maintenance is not necessary, but it is not investment. I suggest a restructuring instead. I suggest that we go back to the funding scheme that built much of our crumbling infrastructure. I suggest that we use the gasoline tax for road construction and maintenance as it was originally sold to us. I suggest that we end the practice of raiding that tax to subsidize public transportation like Amtrak and city buses.

I challenge you to find any area where the government operates in even tangential competition with the private sector where the government efficiency is on the same order of magnitude as the private sector. Find any activity where the government keeps its promise of controlling costs and continuously improving customer satisfaction. There is no private concern which can survive any substantial length of time without doing just that, and paying a return on investment. There are legitimate uses for government, such as refereeing and national defense. But anytime government spending is recommended as an investment, or to control costs, or as a way to provide for those who cannot provide for themselves, there has been and by the very nature of it will be, an ever increasing collection of resources and liberties in an attempt to react to the cascade of disappointments and demands. Spending tax money on beer leads to well used toilets, not return on investment. Unfortunately, it also assures votes from the brewer’s union, big toilet manufactures, and drunks.

http://www.washingtonpost.com/wp-dyn/content/article/2010/04/02/AR2010040204207.html

Mr. Stuever is correct in the assertion that this is not news, but he misses the point that much of what is paraded in front of us is not news. Bald children claiming to need S-CHiP expansion to get treatment is news(?) but the revelation that the family could afford health insurance but campaigned for federal aid expansion so they would not have to, is not (?), ad. nauseam on both sides.

But, there is one point of merit, veiled as he points out, that we are told daily that we cannot do inspiring things like help one another. We are told that Massachusetts cannot provide health coverage for all, only the federal government can do that. We are told that Virginia cannot regulate drilling off her shores, only the federal government can do that. We are told that the state of Utah cannot manage her lands, only the federal government can do that. We are told, although subtly, that people cannot do inspiring things, until they go to Washington.

So, he is correct that this is not news to most of us. But, that this particular show got any comment at all, indicates that the author knows that someone was trying to say something, (political perhaps, it is Palin after all?) but the fact that the author lumps it in with all the sunshine being blown at us indicates that the thinly veiled point was lost on him. Or, perhaps not, perhaps he would like to think it will be lost on his readers if he simply wills it.

The Great American Experiment followed the sacrifice of, “lives . . . fortunes . . . and sacred honor” in defense of an idea. The idea that individuals, free from the tyranny of central command and control, protected their individual interests better than any unrelated protector, no matter how kind, caring or otherwise motivated. The Great American Experiment was funded, fought, and died for on the promise that freedom led to higher standards of living for everyone, greater innovation in business, agriculture, and every other aspect of life for everyone it touched, successful and failing alike. The government would be as limited as possible, the people as free as possible.

Carl Marx, believed the antithesis of these ideas. Marxism suggests that such freedom, and the fact that some people would be immensely more successful than others under such freedom, hurts the average person. Marx believed that for some people to succeed, others must fail, that the size of the pie is fixed, and who gets large pieces and who goes hungry is mostly random, except that dishonest people predisposed to fraud will skew things to their advantage. The typical honest person will suffer under the abuse of the dishonest. People are better served, in his theory, when each produce according to their abilities, and a central authority distributes according to one’s need. The average is better served when everyone follows the plan.

Every society in human existence has either answered to a central authority like a king, or had some system whereby the people chose their governors. In early history, a king who fought for the position was best able to fight to defend his people from invaders and pillagers, or to invade and pillage neighbors. Most were still farmers and hunters. Later, when technology progressed to the point where people could produce more than they consumed, trading came on the scene with the evolution of the middle man (middleous homosapien). This relied on fair play and people were hunted down and killed for foul play. Knowing who could be trusted and a person’s reputation became valued knowledge. Middleous man evolved to make a living off of what they knew instead of what they could grow or hunt. This only happened because there was enough excess produced to support people who did not directly hunt or gather food, make clothing, or build shelter, and there was efficiency in producing a couple of commodities where the climate was best suited to it and trading them for goods that could be more efficiently produced elsewhere. (This is why we raise beef and corn here, and they raise sugar cane in the tropics). It was almost unregulated. The middle men got together and formed colleges, or congresses, (groups of like minded people to serve a common end). Being a member of such could encourage producers and buyers to deal with you. The members of such groups would promise better and better prices to producers, and better and better quality to the buyers. Some would temporarily make a better living by such promises than from what they knew. They promised more than their competing middle men, until they could no longer produce and the group collapsed. They were replaced.

This system was ultimately replaced by the selection of fair play representatives (governors) by consensus. This made the selection based more on the perception of the candidate’s abilities than on actual performance. (Sound familiar?) Sometimes the selection was fair; sometimes it was coerced and intimidated. Indeed, control of all societies has been and is by governments chosen by a range of methods, with violent seizure of power after surrender on one end of the scale, and free and frequent elections on the other.

I am only concerned with the violent seizure method in that it is no more or less likely an end to any society, regardless of where their system currently lies along the scale, and is therefore mostly unpredictable. Such systems arise when the people are not able or willing to withstand its takeover. My concern is with the other end where America selects its government. Every society in human existence who chose their governors based on promises of representation have ultimately fallen to wasteful spending. The cliché is that they fell when the electorate voted themselves larger shares of the stores of grain than they were motivated to produce when fed with free grain. It is another of human’s natures. Until the mid 1900’s, these happenings were part of common education.

These are well known facts. In the pre-American world, kings tried to motivate their subjects with a system of taxes and entitlements. Prior to America’s founding, it was generally believed that anarchy would ensue without divinely inspired and chosen leaders. Many cultures still believe that today. Our founders believed that no one is more or less divinely created than the next, and that anarchy ensues without a divinely inspired population. They conceived a system whereby people could correct tyranny by choice. They conceived, debated, and persuaded the acceptance of a system that limited the power of the government to only that which the people authorize it to have. They demanded limits on government which could not be changed by the government serving those limits. They knew that human nature would compel elected officials to promise ever increasing rations from the public stores, and that once government control got sufficiently complicated, one size-fits-all policies would be the only way to manage the complexity thereby limiting innovation and individual motivation. They believed that nearly every government activity must be controlled locally, or fail.

So here we are. We stand at the cross roads where intellect faces human nature. On the one hand, intellect can rightly lead us to the conclusion that perfect management of a well motivated populace, provided for in accordance with the needs of each, eliminates suffering caused by bad decisions made by the individual. Human nature can lead us to accept Marx’s arguments without challenging the assumptions inherent in them. Marx’s utopic theory requires that human nature be resisted by the managers so that corruption does not foul the system, and that human nature be resisted by the managed so that defense of individual best interest no interfere with the common good even when contrary to individual good. Human nature explains why corruption is so common in countries with Marxist leaning systems. The self interest of the briber is provided for by the indulgence of the self interest of the bribed. Innovation is only relevant when conceived by or recognized by the managers and no incentive exists outside of ego for the innovator or the observant manager. Likewise, human nature leads us to vote ourselves larger shares of the public stores on the promises that “they” will be sufficiently taxed and sufficiently tolerant of the taxes to continue to produce grain undeterred. Human nature leads some to believe this despite the evidence to the contrary.

On the other hand, intellect can lead us to look for examples of both systems, socialist and free market, and determine which provides better conditions for the poor, or disadvantaged. Human nature would be to choose the best performing system.

Have we chosen the system whose theory stands up to rational debate when devoid of real world examples, or the system that has proven successful in practice despite being too complicated to fully explain every action rationally?

The choices, as I understand them are these: Recognize that we have the best medical system in the world BECAUSE the rich pay more than the poor, BECAUSE the rich have access to new treatment and technology before it is cheap enough for mass consumption; Recognize this it is this arrangement which makes medical care for the poor more available than it was a decade ago; Recognize that medical treatment of the poor is more available than it is in any other system in the world; Recognize that much of the medical treatment available to the world’s poor only exists as a result of the American medical system; Recognized that more treatments are available to the poor than would be if FDR had been successful in realizing socialized medicine; Recognize that a generation from now, the poor will have less access to as yet undiscovered treatments under socialized medicine than would be available if the rich continued to fund research and development; Recognize that socialism, Marxism, communism, statism, progressivism, liberalism, or however else you chose to label it, has led to the death of more people in the world than all other calamities combined; Recognize that because these systems rely on complete adherence to the common plan and surrender of the protection of individual defense of one’s best interest, violence and oppression are always used to control the population; Recognize that the wealth created by American entrepreneurs has funded the defense of most of the free world for two generations. Simply, choose to protect the rights of the individual to succeed or fail by one’s own decisions, unencumbered by agendas of social justice and wealth redistribution.

Or, choose the path chosen by every free society ever known. Choose the path dictated by emotion and human nature. Choose to bankrupt the country by trying to plan and provide an ever increasing array of goods and services, devised by a politically motivated committee that sets it own limits, provided to increasingly less motivated and demonized producers.

Will intellect win out over emotion? Am I wrong in my belief that I am on the side of intellect and not emotion? Is it arrogance that got us here in the first place, to believe that the human nature cycle of tyranny-escape-freedom-prosperity-guilt-entitlement-dependancy-tyranny can be short circuited without the pain of tyranny fresh in our minds? Are we destined to go down as the society arrogant enough to think that it manage all things for all people, just as the Romans did?

I hope not. I hope, that the success of the Great American Experiment thus far, can inspire us to not relinquish this prosperity and freedom in return for short term illusions of social justice. I hope that we recognize the success that took us from 13 colonies, too worthless to warrant the resources to control those colonies, to the most prosperous, powerful, free, and generous people in the world in less than 100 years. I hope that we collectively believe in our hearts, that the reason people immigrate here from every country in the world is freedom and opportunity and not a random coincidence. I hope that we as a country do not give in to the human nature that leads us to believe that our neighbors make poor choices at home, but perfect ones when electing officials, that these same neighbors make poor decisions at home, but perfect ones once in Washington DC.

I hope that we recognize that it is because of human nature, not despite it, that socialism and statism have always failed wherever they existed, and that free markets have succeeded everywhere they have existed. There is only so much motivation garnered from threats of fines and imprisonment, but the motivation of the hope for a better life is only limited by one’s imagination.

I assert that his logic is flawed, in that a right is self evident, and therefore cannot be provided, denied, or limited by government. It cannot be a universal right to get a medical procedure on the one hand, and morally acceptable to deny such a procedure on the basis of political will, or budgetary limitations and priorities, or on the basis of age. It cannot be a moral imperative to provide “free” healthcare to the young, but expect the elderly to resign themselves to the reality that they only have a decade or so anyway and should medicate themselves into a blissful end. It is either morally required that we treat everyone, or that everyone take the blue pill.

But the flaw that struck me the strongest was a flaw of faith. The President is a self described Christian and claims to be his brother’s keeper and his sister’s. But he is not suggesting that he personally provide for them and does not have a history of making such efforts. He is suggesting that the government collect the assets of the unwilling, with threat of imprisonment, and disseminate those assets for medical procedures for the able. Some of these procedures are immoral to some of the unwilling. He is not passing the plate, he is picking up the congregation and shaking money from them, and don’t make him come to your house!! And, he is suggesting that the government limit people’s ability to help their neighbor with their medical needs outside of the government process because it would not be “fair” that some people live with wealthier, kinder neighbors. He suggests that this be done so that he can be acting morally.

I assert, that you cannot hire someone to do a moral act for you. If ignoring people who do not get adequate healthcare is immoral, then hiring someone to “collect” money from the unwilling and use it to assure that no one is ignored, all the while blissfully ignoring the fact that the healthcare has declined for everyone is doubly immoral.

You cannot act morally by proxy. The idea that you could hire someone to pray so that you don’t have too is laughable. The idea that we could hire the government to take care of matters of individual morality is just as laughable. If it weren’t so serious, that is.

But it does not appear that this is a moral issue for the President. If I were the President, and I were fighting for morality, I would be selling the important points to the House and Senate who write the Bills, not trying to sell
it to the American people when Congress was preparing a Bill that contradicted me. It appears that the point is that the industry be moved from private hands to public hands and any argument/excuse/outcome will suffice. He is
concentrating on selling the idea to us, while leaving the details to Congress. This is not a man acting on a moral imperative.

Promising us that he intends to protect the hen house, but leaving security details to be negotiated between the roosters and the foxes (that would be the Congress and the special interest groups/lobbyists/industry representatives)
makes the hens nervous. If he were really morally motivated to protect the hens, he would not leave the details to anyone else.

My original point was that is must be horrible to be a liberal/progressive/collectivist with things going so badly. Occasionally I comment about how they tend to eat each other when in charge. Part of the reason is that they each think that their own issue is the only important one but the principles they insist further their interests actually hinder the agenda of other liberal/progressive/collectivists. How is related to President Obama not qualifying as the antichrist? They are both explained by the idea behind the phrase, “We hold these truths to be self evident.”

When a self evident truth is up for debate, only the nuts out in left field argue against it. (Sorry, not leftist field, right field is just as good.) For instance, if the bill up for debate was to outlaw the murder of children for their milk money, this self evident truth would receive little opposition. The Democrats hold a dominant majority in the House, a super majority in the Senate, and the Presidency. If the Republicans commit to vote against everything, or if they agree to stay home, makes no difference. Why then has a health care law not passed? Why has it been changed from health care reform to health insurance reform? Why, has cap and trade not passed? Why has Gitmo not closed? Why are our troops still in Iraq? Because Republicans voted against these? No, if that were the case, the big health bill buy offs like the “Louisiana Purchase” and the Nebraska bribe would have been to holdout Republicans, not Democrats. Why would Democrats need to be paid to vote for a self evident truth of their own creation?

Also, what would motivate a Republican to vote against a self evident truth proposed by Democrats, especially in an election year when they could be held to account for voting against a self evident truth? Why would an uncaring, self serving Republican not be tempted to vote for the winning side if it was in keeping with their personal views on a particular issue and helped ease their re-election?

Simply, because they all know these are not self evident truths. The other self serving, political hack, Republicans love the idea that the Democrats will be held responsible for the consequences, all bad in the short run, no benefits until after the next presidential election. Some Democrats actually believe that there are great truths that are not self evident, stealthy truths which require higher education and enlightened understanding to be seen. These believe that it is worth going against the blind common people for the common good. Some political hack Democrats believe that it is always about political party and that these issues are not important to anyone, except in the context of political battle. All Democrats, regardless of motivation, voted for one of the healthcare versions except a few in the House who were “allowed” to vote against their version in hopes of protecting their seat in the upcoming November elections. Such allowances would not be needed for a self evident truth.

Of course, you could argue that universal mandated health insurance is a self evident truth. But, then you would have to ask yourself this: How big a looser would Democrats have to be to control the House, Senate, and White House, and not be able to pass a law furthering a self evident truth? How incompetent would the President need to be, for Americans to elect him in with a self described commanding mandate to pass such, with an unhindered, compliant Congress, and not get a bill to his desk.? How incompetent would he have to be to botch the debate so badly that Ted Kennedy’s Senate seat would fall to a Republican running on the platform of voting against the current bills? Universal insurance was Kennedy’s life’s work and he helped enact universal health insurance in Massachusetts. The voters knew their vote could spell the end of the issue Kennedy martyred himself for. Yet, they voted against the truth they are personally experienced in. (Kennedy could have resigned when he found out he was dying. This would have allowed a replacement to be appointed by the Governor to serve out the remainder of Kennedy’s term. This would have likely been the Governor appointed Democrat who did immediately replaced Kennedy. Instead, it was decided that Kennedy dying in office would garner sympathy for his cause. This shortened the appointment to 3 months until a special election could be held. – Self evident falsehood, or incompetence. You decide.)

Or, could it be a combination of the two?

Consider that the problems the liberal/progressive/collectivists are having stems from the largest shortcoming of their philosophy: all big decisions should be made in one central location by a few all-powerful clairvoyants. Chicago politics enjoyed some separation between campaign rhetoric, the rhetoric of sitting officials, and the actual votes on the actual laws before them. The liberal legislature passed the liberal agenda, watched only by a liberal electorate, only on issues still the local prerogative. President Obama was ill prepared by the only job he had ever really held. He is/was incompetent to stand questioned about the liberal agenda by non-liberals on the national stage. If the state and local acts were the major controlling factors in attracting or discouraging international business in Illinois instead of federal acts, President Obama would be more practiced. Discussions of competing with the Chinese for jobs when the Chinese employers do not pay for universal health insurance would have been more commonplace and he presumably would have had less trouble selling it to fellow Democrats without paying them off. In short, if the authority still resided with the states and their citizens, a U.S. President would not need to defend such policies to people in every individual state.

Is our President incapable of selling a truth that sells itself, to people of his own party who hold the same beliefs and agenda? Even without understanding the details, wouldn’t the truth be obvious?

Would you expect one or more of the 5 to show up the next day with a stuffed animal, because they did not like doing without? Do you think that some of the kids would offer their extra stuffed animal to classmates with none? I would. I would expect one or two of the 5 who simply forgot, or didn’t take the request seriously or whatever would remember the next day. That leaves 3 who did not bring a stuffed animal because they could not, for whatever reason. I would expect some with stuffed animals to share with those who do not have a stuffed animal. I have a son who routinely shares his most prized treats with others around him. Some of those with one stuffed animal would bring in another the next day, and some would do so specifically to share with their classmates.

Imagine however if the teacher felt sorry for the 5 students without a stuffed animal and assumed they did not bring one in because they did not have the opportunity at home. Imagine that she wants to keep from embarrassing those without stuffed animals by allowing them to play without a stuffed animal or to be at the mercy of the charity of those students with multiple stuffed animals. Imagine that with good intention, she collects the “extra” stuffed animals and distributes them to the students without one. Everyone has a stuffed animal. Perfect, right?

What happens the next day? What happens if this is continued indefinitely into the future?

Will the 2 forgetful students bring in a stuffed animal the next day, or the next? Perhaps, but is there more or less incentive for them to do so than if they had been left alone?

Are the students who had 2 or 3 stuffed animals, and had the “extra” collected more or less likely to bring their 2 or 3 again the next day, to have them collected and redistributed to someone else?

When there are fewer than 30 stuffed animals brought in, is it fair for those who brought one or more in to be the one without any, so that someone who did not bring one in can have one?

Does the student’s reason for no longer bringing in a stuffed animal matter to you when answering this question? For example, does it matter that one student who brought in multiple stuffed animals just days before, only brings in one, and another student does not bring one because she cannot? Would you take the one stuffed animal from the “stingy” student and give it to the one without any choice in the matter?

Would you expect a child to bring their best or favorite stuffed animal in if they saw another student play carelessly with stuffed animals that did not belong to them? Would they attempt to protect their favored stuffed animal from confiscation and damage by leaving it at home in favor of a less appreciated toy?

If the teacher attempted to make the stingy students (who stopped bringing in stuffed animals) feel bad, would they bring in lesser appreciated stuffed animals in larger quantities to keep the count up without risking the better stuffed animals?

Would those who lack the ability (as apposed to those who were forgetful or lazy) be better off in the original situation where everyone felt free to bring their best stuffed animals and share as they felt comfortable?

How does this thinly veiled commentary on free choice relate to current events?

The Associated Press did some homework recently: http://apnews.myway.com/article/20091029/D9BKMVMG0.html

http://www.cleveland.com/newsflash/index.ssf?/base/national-13/126320409066680.xml&storylist=washington et. al.

First, the jobs created were overstated. Imagine that, people competing for government grants painting a rosy picture about how well they had used the money. No surprise, I would expect any program with self reporting to have tremendous reported success.

Second, unemployment did not fair better in areas where a lot of stimulus money was spent relative to where none was spent. Transportation Secretary, Ray LaHood disagreed and said there were tens of thousands of jobs created in construction with road and bridge money. After all, how could we spend $400,000 per stimulus job and not hire anyone? They can’t all be raises for current employees reported as jobs saved. Is someone lying or stretching the truth? Perhaps, but both could also be right. Consider this:

Start with the fact that government cannot create wealth; it cannot give anyone something without first confiscating it from someone else. So, where did the jobs come from? In terms of stimulus money, where did the $400,000 dollars come from? More importantly, how many people would your employer have to lay off, to pay up $400,000? After all, that is where the money comes from, the economy. So, we borrow (from the future economy) $400,000 per job, with interest, which will have to be paid back (likely in terms of jobs lost or not created) by that part of the economy left when the new notes come due. We recently borrowed $290 billion to pay the interest on the next few months of loans we already have. This was the raise in the borrowing limit to keep the notes from coming due, presumably until the health care bill can pass.

In addition, the economy has to pay the government to operate, pay people to print/collect/borrow the money, as the government does not create anything and cannot pay for itself. And, the economy must pay for those programs and non-operational expenses of the government, like national health care, should it pass.

So, imagine that you are a potential employer, especially one over seas. Are you more likely to hire people in America, or somewhere else? Keep in mine, an employer has to have the money to pay the employee before hiring and for a long enough time for them to pay for themselves. Are you more likely to bring your best-most-favoritest bear you built at Build-a-Bear to the American kindergarten to be confiscated, redistributed, and played with by careless Americans? Or are you more likely to take your bear to China/India/Ireland/Dubai or any of hundreds of more bear friendly countries?

The problem with socialism, shared prosperity, social justice, economic justice, or whatever statist-collectivist name you want to put on it, is that it demands that human nature be ignored. This type of system is only sustainable (let alone prosperous) if the teacher can go into each student’s house and force them to bring in their bears. In other words, if there is no private bear ownership, if there are no alternatives, if there are no liberties. Such systems are only sustainable at the point of the proverbial gun. Such systems are only enforced, not upheld by informed free people.

Consider how this fits in with the current discussion of the day, where you will be forced to buy a particular government specified health insurance from companies who are forced to provide it to you without considering pre-existing conditions, at a government determined “affordable” rate, payable to Doctors who have been forced to accept this amount. Plans better than the particular “minimum” plan determined by the government (ironically called Cadillac plans, a GM brand owned by the Fed) will be taxed for re-distribution, and Doctors who do not accept the minimum payment or charge cash or provide enough care to be in the top 10% by volume, will be penalized likewise.

Will the currently uninsured be better off with the eventual outcome, or at the mercy of the current system? Will those from other countries continue to bring their medical dollars here, or will they follow the foreign Doctors to the more bear friendly counties?

Taking resources out of the productive areas of the economy, via healthcare, energy, income, or any other taxes and mandates, to re-distribute to non-producing areas, wastes resources in the re-distribution effort, and scares producers from other countries from producing here. Job stimulation spending costs us jobs and re-distributive health care reform hinders the availability of health care. The “stingy” will always have theirs, here or in China. Those who cannot produce always suffer the worse equality-of-outcome from socialism than the outcome from equality-of-opportunity of the free market.

He said, “Democracy does not work. We have proven that we are not even capable of governing ourselves by proxy.”

On the surface he is right. Few will argue that our republic is not working as it was envisioned and certainly not as it did before the New Deal or the Fed, or the gold-standardless-dollar. But is it a failing of democracy? I think not, I exert that the failing is ours. The failing is one of human nature.

If we took a panel of 12 lawyers and placed them in a room with an ailing man, and asked them to vote on what ailed him or what his treatment should be, how likely are we to get a reasonable answer, much less the best one? If we replaced the lawyers with a single Doctor, how different would the outcome be? In fact, ask the attorneys to vote on most any topic, other than that area of law which they are well versed, and how good would you expect the answer to be. Democracy is just this way. An uninformed electorate cannot decide anything of value, except by accident. We should each consult a doctor when ailing, perhaps more than one, instead of turning to democracy. We can only rely on democracy, and our republic built on those ideals, to settle matters of general policy, not which light bulb to use, for instance. We cannot expect to be acceptably governed by proxy with no limits on where such authority ends. The areas which the most central democratic governance should be engaged in should be extremely limited, with each more local subdivision thereof given more and more specific authority as the decisions are made closer and closer to those who will be burdened by the unintended consequences of decisions made in ignorance. The overwhelming majority of authority would remain with the individual where the least ignorance of his condition lies. This is the idea of limited government, individual rights, and personal responsibility which the founders tried to protect in the constitution. Like so many great structures built on such sturdy foundations, it is settling on the rot of apathy and consumption by opportunistic infestations.

Much of the problem our governments face today is the result of the failure of the electorate, not the method of choosing governors. We have fallen for the idea that any educated person will make good decisions for us, without the need for us to keep an eye on them. The truth is, that there is nothing so ignorant as an educated man outside his area of expertise. We point out the difference between book sense, and common sense. The devotion of seeking one, voluntary or otherwise, often leaves little time for the pursuit of the other. We, the doctors, teachers, engineers, construction workers, factory workers, stay at home moms, etc., ad nauseam, have stopped paying attention, stopped making sure that our elected representatives are not making decisions for us about topics that we are better equipped to make for ourselves. (Just as importantly, individuals can make mistakes with relatively little affect on our neighbor and indeed, change our actions following those mistakes with lightning speed compared to the large scale harm government mistakes have and the near impossible reversal of government action.) Once we took our eye off of the public servants, they were persuaded by those who did not. Their egos were stroked and sensibilities wooed by groups who know of the ignorance of the educated man. A doctor would show up and persuade a Congressman that everyone should be able to get their retinas flushed, and would except that the insurance industry doesn’t “want” them to. If only someone would step up and be brave and take them on for the benefit of the little man. . . . and his dusty retinas.

The retinal flusher gizmo manufacturer got his money’s worth by hiring the doctor turned lobbyist. The insurance company would not stay in business long in a free market without offering retinal flush insurance if there were demand for it, as their competition would quickly fill such a void and squeeze them out. But the lobbyist would have them cover such procedures, demand or not. The insurance purchaser is forced to buy insurance for many such procedures that were not asked for, which they may not need. A blind, eyeless man, for instance would be required to buy such insurance if the State he lives in mandates that all minimum policies cover flushes. The ultimate democratic system, the free market, is usurped in this way a thousand times a day. Eventually, the market is so complicated with government mandates that Bob’s Discount Neighborhood Insurance and Surety will never be allowed to open, much less compete with the only insurance company left in town. Democracy creates competition, government creates monopolies.

Limited self government has fallen to unlimited-government-by-lobby. This is organized favoritism which is the hallmark of socialism. An industry or individual succeeds, not by meeting public demand but by receiving favored treatment from government. This is the most common, pervasive, and difficult to eradicate form of corruption. We are no longer governing ourselves, we are serving the government because we are too lazy to keep an eye on those in our custody: Politicians. The inmates are running the asylum because we are too politically correct to call them nuts!

We would not consider it fair if a trial by jury were held where the jury only heard from those with a vested, financial interest in the outcome. Yet we seem perfectly willing to allow a hodge podge of mostly lawyers vote on the health care the rest of us will receive, exempting themselves, behind closed doors, with only lobbyists as a source of information. We then blame democracy when we get something that has more back scratching and pandering than health care.

Democracy has not failed us, we have failed democracy.