Notes:GDN:Liberty 101
Contents
The spectrum of protections that we want, and actions required to provide them is huge. So, securing our liberty is a huge task that requires huge resources and has a huge amount of power. 2014/05/23 User:Tharrisn
The Liberty Dilemma
The Constitutional mandate that the government secure our blessings of liberty requires it to take the liberty of some citizens in order to secure the liberty of others. For example; the cop who frees you from a kidnapper puts the kidnapper in jail. This is a narrow example of a broad mandate. The spectrum of protections that we want, and actions required to provide them is huge. So, securing our liberty is a huge task that requires huge resources and has a huge amount of power. Power corrupts, and the more power the more corruption. And, as our country grows and the spectrum of activities grows, the government becomes more powerful, its power is more difficult to manage and the people become less powerful and their liberties suffer. Here’s a very insightful example:
- Bill, a coal miner, and his wife and two kids were living on his old family homestead in the mountains of Wolfe County Kentucky when he lost his job. The mining company, although sitting on 430 million tons of coal, had a major cutback. 42% of Wolfe County folks live below the poverty rate, and Bill couldn’t find a job and relocating wasn’t feasible. Several years before, Bill had the foresight to begin cultivating ginseng in his woods behind the house – his “nest egg” ginseng was priced at about $600 per pound. So even though he knew that the legal harvest season had been over for a few days, he decided to harvest some of it anyway – his family’s needs demanded the risk. Bill was caught red-handed while harvesting and pled guilty to the crime. He was fined $1000. This, of course, is a hypothetical example, but all of the facts involved are true, and such a case could happen. The facts can be checked at the following links:
- “Section 9. Violations and Penalties. (1) The following acts shall be considered a violation of this administrative regulation, and each violation shall carry a civil penalty of $100 to $1,000 dollars:”
Power Corrupts
So why are coal miners losing their jobs when there’s plenty of coal available to be mined – and being fined for harvesting a crop that they had planted? What were the blessings of liberty that resulted in this infringement of Bill’s liberty? It was saving endangered species and saving the planet from global warming. How could a government of the people and for the people let this happen? Because of the political influence of the environmentalist movement. What law was passed to cause this to happen? None, it was directed by the president. Here is an excerpt from a speech at Georgetown University in June 2013.
“In my State of the Union address, I urged Congress to come up with a bipartisan, market-based solution to climate change, like the one that Republican and Democratic senators worked on together a few years ago. And I still want to see that happen. I'm willing to work with anyone to make that happen.
But this is a challenge that does not pause for partisan gridlock. It demands our attention now. And this is my plan to meet it — a plan to cut carbon pollution; a plan to protect our country from the impacts of climate change; and a plan to lead the world in a coordinated assault on a changing climate…
So today, for the sake of our children, and the health and safety of all Americans, I’m directing the Environmental Protection Agency to put an end to the limitless dumping of carbon pollution from our power plants, and complete new pollution standards for both new and existing power plants”. Source: Read More…
How many coal miners lost their jobs? We will never know. When an environmental services company – on contract to the government – estimated that 7000 jobs would be lost because of just one aspect of this action, government officials pressured the company to lower their estimate. The company refused, and soon thereafter their contract was terminated. Source: Read More…
This general problem exists at all levels of government; federal, state and local.
We, the people, have the ultimate power – the ballot box and the courts – but the governmental entities needed to implement the functions of the government are extremely powerful and highly insulated from the power of the people. Here is an example to illustrate both the power and the insulation from the power of the people:
- In 2008, prompted to a large degree by the failure of our financial system, the President initiated the establishment a council for consumer financial protection. It has 10 members, all except one of whom are appointed by the president and most require Senate confirmation. These people are the leaders of our financial world. The Secretary of the Treasury chairs the Council and members include; the Chairman of the Federal Reserve, the Comptroller of the Currency and six other financial governance agencies – plus an independent member (with insurance expertise), appointed by the President.
- The stated aim of the legislation is:
- To promote the financial stability of the United States by improving accountability and transparency in the financial system, to end "too big to fail", to protect the American taxpayer by ending bailouts, to protect consumers from abusive financial services practices, and for other purposes.
- The Council – and its members individually – have a great impact on your well-being. Among other areas, it:
- Manages the nation's money supply (monetary policy), through active duties such as managing interest rates, setting the reserve requirement, and acting as a lender of last resort to the banking sector during times of bank insolvency or financial crisis.
- Regulates Credit cards, Mortgages and Retirement investments
While some may question the need for this Council itself, essentially no one would question the need for the agencies that are represented on the Council. The Council has been in existence since 2010 and there have been some minor controversies within the financial world, but no major controversies about their actions. It is an insightful example of a government agency with great power to impact people’s lives, but it is very well insulated from the power of the people. Source: Read More…
Insight into the importance of the Council
Major controversies
There are a large number of government agencies that are, like this one, heavily insulated from the power of the people. Many are involved in major controversies. Here are some examples:
- Obamacare
- This is probably the most controversial of all the liberty issues. Its purpose is to improve our healthcare and surely will do so for many, but many will find their healthcare adversely impacted. It will be a major infringement upon the liberty of nearly all. It is an excellent example of the government dilemma in balancing between liberty and welfare, and it provides great insight into the involvement of the political forces in the governance process.
- It is a huge undertaking. Depending on how you want to define Obama care, the Affordable Care Act itself, involves somewhere between about 1000 and 2000 pages. It is estimated that there will be 11,000 pages of regulations, and it impacts everyone. Source: Read More…
- Speaker of the House, Nancy Pelosi, said this just before passage of the bill:
- “We have to pass the bill so that you can find out what is in it, away from the fog of the controversy.” There is no record of how many congressmen actually finally read the bill. But it’s a bit scary when they pass a bill of this magnitude and impact that they didn’t understand. Source: Read More…
- Our existing health care system is a $2.5 trillion enterprise – nearly 18%, of our GDP. Supporters see this as an opportunity to improve healthcare and to save money. Detractors point out the difficulty the government has in managing even small projects. Source: Read More…
- Here are some of the most notable liberty infringement issues:
- You can’t necessarily choose your own doctor.
- You can’t necessarily choose your own healthcare plan.
- If you don’t buy some government approved health care plan, you have to pay a tax.
- Almost everyone’s insurance premiums will increase.
- Source: Read More…
Government overreach
The process by which the affordable care act was passed – and its regulations were formulated – provides an excellent insight into government overreach.The citizens themselves have never really favored the Obama care legislation and its favorability has dropped substantially as they have learned more about what it entails. Even a scant understanding of the process that finally ended up as Obama care provides us deep insight into the role that politics plays in governance and, likewise, in the governance/politics interface in the welfare vs liberty “balancing act”. It has been a process that is fraught with political pressures to sell the measure based on its value to the people, all the while protecting the self-interest of those in power. Here are some insightful examples:
- The insurance industry supports the law because it forces people to buy products – which are necessarily more expensive under the law – and the government will help in covering the cost – to the tune of nearly $500 billion over the next 10 years. Source: Read More…
- The Supreme Court declared that the law could be upheld as a regulatory power as a tax, but not as a penalty – thus upholding the individual mandate. Source: Read More…
- It also held that states cannot be forced to participate in the ACA's Medicaid expansion under penalty of losing their current Medicaid funding. Since the ruling, the law and its implementation continue to face challenges in Congress and federal courts, and from certain state governments. Source: Read More…
- Conflict reared its head again when news broke that lawmakers could keep their aides off of the exchanges by deeming them "official staff" instead of "official office." Source: Read More…
- President Obama reportedly told lawmakers he was personally involved in preventing Capitol Hill staffers from suffering the impact of Obama care. Source: Read More…
- The decision to extend subsidies to members and staff was widely criticized on the right, and it prompted Sen. David Vitter (R-La.) to propose legislation that would stop the contributions from going forward.
Keystone pipeline.
The Keystone Pipeline System is privately owned oil pipeline system that runs from Alberta, Canada, to refineries in Nebraska, Illinois, and in the Gulf Coast of Texas. Three phases of the project are in operation and the fourth is awaiting U.S. government approval. The proposed controversial Phase IV would begin in Alberta, and extend to Nebraska with a maximum discharge capacity of 590 thousand barrels per day. Here are some benefits of this project:
- Jobs
- It is the definition of shovel-ready. Almost overnight, Keystone XL could put 9,000 hard-working American men and women directly to work. The U.S. State Department’s Final Supplemental Environmental Impact Statement found that the project would support more than 42,000 direct and indirect jobs nationwide.
- Economic Benefits
- It will contribute more than $3 billion towards U.S. GDP. The U.S. State Department’s Final Supplemental Environmental Impact Statement showed Keystone XL will provide a substantial increase in tax revenues for counties along the pipeline route, with 17 of 27 expected to see increases of 10 percent or more.
- Energy Security
- It will connect the largest most sophisticated refining hub in the Gulf Coast with the third largest oil reserves on the planet and the second largest oil-producing region in the United States. Safe and secure access to domestic crude oil is key to ensuring long-term energy security.
- Safety
- It has been well-established that pipelines are, by far, the safest mode of transportation for crude oil and natural gas. A recent Fraser Institute study shows that pipeline workers are less likely to be injured on the job and pipelines have fewer incidents per mile than trains and trucks. The State Department environmental impact reports have concluded that Keystone XL would have a degree of safety greater than any other crude oil pipeline in operation in the country. Crude oil needs to move from wells to the refineries. Source: Read More…
The Keystone XL proposal faced criticism from environmentalists and some members of the United States Congress. In January 2012, President Barack Obama rejected the application amid protests about the pipeline's impact on Nebraska's environmentally sensitive Sand Hills region. TransCanada Corporation changed the original proposed route of Keystone XL to minimize "disturbance of land, water resources and special areas" and the new route was approved by the Governor on Nebraska in January 2013. In June 2013 – in his speech at Georgetown – the President said:
- “Now, I know there’s been, for example, a lot of controversy surrounding the proposal to build a pipeline, the Keystone Pipeline, that would carry oil from Canadian tar sands down to refineries in the Gulf. And the State Department is going through the final stages of evaluating the proposal. That’s how it’s always been done. But I do want to be clear: Allowing the Keystone pipeline to be built requires a finding that doing so would be in our nation’s interest. And our national interest will be served only if this project does not significantly exacerbate the problem of carbon pollution. The net effects of the pipeline’s impact on our climate will be absolutely critical to determining whether this project is allowed to go forward. It’s relevant.” Source: Read More…
The State Department’s January 2014 report and four previous environmental impact statements written over the past five years, containing more than 17,000 pages of scientific research, all reached a similar conclusion: Keystone XL would have minimal impact on the environment. Its January 2014 report reiterated that Keystone XL would be the safest pipeline ever built in the U.S All five federal reviews have concluded that this pipeline won't have an adverse impact on the environment or on greenhouse gas emissions. The heavy oil from the oil sands is less carbon intensive than oil currently produced in California. Source: Read More…
Read the congressional report.
Based on a 2012 Gallup poll, American citizens favor government approval by two to one. And as of 2014, it remains about the same. And yet, the construction permit still has not been issued. Source: Read More…
As of September 2014, the construction permit is still not issued.
If we were free to do it:
- Private enterprise would build the pipeline and would get a return on their investment.
- 42,000 more jobs be available for folks that need them
- It would increase our gross domestic product by $3 billion.
- It would provide an much-needed taxes to the state and local governments involved.
- Polls show that the people favor building the pipeline – by 2 to 1. But, in its balancing dilemma, the government infringed upon our liberty in order to preserve our future environment – in spite of the State Department’s conclusion that would be no adverse effect on the environment. This is a clear example of the power of self-interest groups in the political process. In this case it was the environmentalist political forces.
This is not just a federal government issue – it goes down to the state and local government levels
Here are some examples:
- In New York City, a limit was placed on soft drink size and types. It was to have taken place on March 12, 2013. Those plans fell through due to the invalidation of the law by New York Supreme Court Judge Milton Tingling. Source: Read More…
- A Tennessee farmer who kills a chicken snake encroaching upon his henhouse would be subject to a class B misdemeanor with a fine range of up to $500 + court costs and/or six months in jail." This would be true in other states also, since it was adopted as mandated by federal regulations Source: Read More…
- In Louisiana there are more than 280 offenses relating to hunting, fishing and wildlife that could get a person locked up for a long time. If a shrimper in the state picks up another person’s broken crab trap and throws it away on land, he or she could be sent to prison for two months. If it happens more than once, there is a mandatory prison stay.
- In Alabama, getting rid of scrap tires in an “unauthorized” manner is considered a felony, punishable by up to 10 years in prison. Source: Read More…
- Officials at a Talbot County, Maryland, Elementary School suspended two 6-year-old boys from their school after making gun gestures during a harmless game of pretend – they were playing a game of cops and robbers. This left the parents outraged. It was the second such incident in the state in recent weeks. Source: Read More…
A concise overview of the overall constitutional balancing problem
The Cato Institute has a very concise, but insightful overview of the problem.
Today’s federal government overreach seems to be in violation of the 10th Amendment (“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people”). But, when government programs violate the Constitution, voters can turn to the actual written words for guidance and return important powers to the states and to the people – if they understand the problem and vote.
