“We the people” is non-partisan. It may be boring to the news media, but non-partisanship is the peaceful, common sense method of moving this nation forward through elimination of waste in centralized government. The news media and majority of elected officials today talk about “reaching across the aisle” and getting things done in a bi-partisan manner. Since when did we ever have a two (bi) party system? If that were the case, then how did Jesse Ventura become Governor of Minnesota? Al Franken would almost certainly never have become Senator from Minnesota without Dean Barkley’s participation in that race. Nor would Joe Lieberman still be in the Senate. Together, we ARE the People, and WE need to be non-partisan in our approach to fixing our centralized government.
I believe that party affiliation should be removed from election ballots so that voters will only vote for someone if they know what they stand for. Fewer votes would be cast, but they would be informed votes – ones that stand for a belief instead of a red or blue color on a map and ones that were cast independently of anyone dictating the vote of another citizen. What is wrong with a candidate describing him or her self as financially conservative, militarily moderate, educationally progressive and moderate on healthcare? That description is not reflective of any party I know of, but would make for an interesting candidate. Would it not be better than a party affiliation label? It would enable legislation representing the will of the people instead of strong-arm political pressure on elected officials to vote a certain way due to a party affiliation.
Let’s face it – a party affiliation is nothing more than an endorsement by a political union. In exchange for the support of a large body of voters, a politician accepts endorsement by a political union to be THEIR representative in Washington (or wherever), not the representative of the constituents of the district, state or whatever. Why do I believe this? Simply because each legislative body has majority and minority party bosses. These bosses, as the title implies, boss around their party endorsees to comply with the will of their party – not their constituents. Candidates do not have other union endorsements under their names on the election ballots, so why are they labeled with political unions?
Each and every one of you reading this has, or knows of someone who has, voted straight party on a ballot. How incredibly improper and unfair to America, not to mention future generations. Look at the mess that has been created in every legislative body in the country as a result. This is a national embarrassment. Who among us has the will to change it? Is it you?
Friday, July 3, 2009
Celebrating Our Freedom
Happy Independence Day!
My mind drifts a bit every year about this time. I try to relate the current state of the nation to what the founding fathers were thinking so long ago. I try to read the mind of Thomas M. Foster, my ancestor that arrived from Ipswich, England in 1742 to start the then soon to be American branch of our family tree. And now that I am over 40 years of age (ahem), I think my mind should be allowed to drift occasionally.
I took note the other day of H.R. 2454, the American Clean Energy and Security Act, which narrowly passed in the House recently. It will no doubt be highly modified before becoming a law, but even so, we should all take note of some of the language written into this original version by our elected congressional representatives. As a real estate practitioner, I was drawn to sections of the bill that relate to housing. I confess, I have not read the entire bill (yet), but neither did any of the representatives that voted for it in Congress by their own confession. I’d like to share some excerpts from the bill as passed by the House of Representatives. I must warn you that some of these excerpts may be disconcerting to those of you considered to be Americans, so read at your own risk.
Well-intentioned Objective:
- Effective on the date of enactment of the American Clean Energy and Security Act of 2009, 30 percent reduction in energy use relative to a comparable building constructed in compliance with the baseline code; effective January 1, 2014, for residential buildings, and January 1, 2015, for commercial buildings, 50 percent reduction in energy use relative to the baseline code; and effective January 1, 2017, for residential buildings, and January 1, 2018, for commercial buildings, and every 3 years thereafter, respectively, through January 1, 2029, and January 1, 2030, 5 percent additional reduction in energy use relative to the baseline code.
Implementation
- There shall be established national energy efficiency building codes under this subsection, for residential and commercial buildings, sufficient to meet each of the national building code energy efficiency targets established under subsection (a), not later than the date that is 1 year after the deadline for establishment of each such target, except that the national energy efficiency building code established to meet the target described in subsection (a)(1)(A) shall be established by not later than 15 months after the effective date of that target.
- Each State, or where applicable under State law each local government, shall implement and enforce applicable State or local codes with respect to which a certification was accepted by the Secretary under subsection (c)(2)(B) or paragraph (5) of this subsection, or the national energy efficiency building codes, as provided in this subsection.
Enforcement
- The Secretary shall propose and, not later than 3 years after the date of enactment of the American Clean Energy and Security Act of 2009, shall define by rule violations of the energy efficiency building codes to be enforced by the Secretary pursuant to this section, and the penalties that shall apply to violators, in any jurisdiction in which the national energy efficiency building code has been made applicable under subsection (d)(1). To the extent that the Secretary determines that the authority to adopt and impose such violations and penalties by rule requires further statutory authority, the Secretary shall report such determination to Congress as soon as such determination is made, but not later than 1 year after the enactment of the American Clean Energy and Security Act of 2009.
- Where a State fails and local governments in that State also fail to enforce the applicable State or national energy efficiency building codes, the Secretary shall enforce such codes.
Punishment
- The Secretary shall assess a civil penalty for violations of this section, pursuant to subsection (d)(3), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act (42 U.S.C. 6303). The United States district courts shall also have jurisdiction to restrain any violation of this section or rules adopted thereunder, in accordance with the procedures described in section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304).
- Each day of unlawful occupancy shall be considered a separate violation.
- In the event a building constructed out of compliance with the applicable code has been conveyed by a knowing builder or knowing seller to an unknowing purchaser, the builder or seller shall be the violator.
Summary
The Federal government will set lofty goals for energy reduction at the household level and dictate that state and local governments verify that the objectives are met and subsequently punish any citizen not in compliance. Punishment will range from daily fines to being prevented from selling their real property to forcing remodel projects to be completed by sellers, regardless of their ability to afford doing so. The increased costs for hiring inspectors and enforcement personnel, their management chain and administrative support staff, office space, vehicles, tools, increased caseloads in the courts and the appointed defense attorneys for those defendants unable to afford a defense will be borne by the taxpayers through a combination of income and property taxes, plus applicable fines.
Okay, so rewinding to the beginning, WWTFFD (what would the founding fathers do)? Well, I think they would keep it simple. They were interested in keeping centralized government to a minimum – keeping government localized. They felt so strongly about this, in fact, that they had a tea party and started a revolution. They would say that the central government was intended to provide for national defense, a monetary system and the general health and welfare for its citizens, and everything else should be handled by the States. Beyond those fundamental provisions, we are blessed today with organizations such as the United Nations that provide a forum for representatives of all people from around the world to deal with global issues that are not the focus, nor fault of any one nation. Yep – I think old Thomas M. Foster would agree. Just keep it simple.
The True American Spirit
Let me inject a few more observations. I do not believe the hybrid vehicle concept was driven by any government decree. I do not believe Native Americans built mud huts to keep cool because the government told them they had to. I do not believe multi-layer glass windows were introduced as a result of government programs. I do believe that these were all independent thinking solutions by enterprising individuals and companies who had good ideas and the wherewithal to develop their products and bring them to market. Pure and simple – American entrepreneurial spirit and capitalism at its finest.
Let us all join together and help Congress get back to basics – providing for a strong national defense, a monetary system and the general health and welfare for its citizens. 2010 is just around the corner. Vote responsibly!
Happy Independence Day!
My mind drifts a bit every year about this time. I try to relate the current state of the nation to what the founding fathers were thinking so long ago. I try to read the mind of Thomas M. Foster, my ancestor that arrived from Ipswich, England in 1742 to start the then soon to be American branch of our family tree. And now that I am over 40 years of age (ahem), I think my mind should be allowed to drift occasionally.
I took note the other day of H.R. 2454, the American Clean Energy and Security Act, which narrowly passed in the House recently. It will no doubt be highly modified before becoming a law, but even so, we should all take note of some of the language written into this original version by our elected congressional representatives. As a real estate practitioner, I was drawn to sections of the bill that relate to housing. I confess, I have not read the entire bill (yet), but neither did any of the representatives that voted for it in Congress by their own confession. I’d like to share some excerpts from the bill as passed by the House of Representatives. I must warn you that some of these excerpts may be disconcerting to those of you considered to be Americans, so read at your own risk.
Well-intentioned Objective:
- Effective on the date of enactment of the American Clean Energy and Security Act of 2009, 30 percent reduction in energy use relative to a comparable building constructed in compliance with the baseline code; effective January 1, 2014, for residential buildings, and January 1, 2015, for commercial buildings, 50 percent reduction in energy use relative to the baseline code; and effective January 1, 2017, for residential buildings, and January 1, 2018, for commercial buildings, and every 3 years thereafter, respectively, through January 1, 2029, and January 1, 2030, 5 percent additional reduction in energy use relative to the baseline code.
Implementation
- There shall be established national energy efficiency building codes under this subsection, for residential and commercial buildings, sufficient to meet each of the national building code energy efficiency targets established under subsection (a), not later than the date that is 1 year after the deadline for establishment of each such target, except that the national energy efficiency building code established to meet the target described in subsection (a)(1)(A) shall be established by not later than 15 months after the effective date of that target.
- Each State, or where applicable under State law each local government, shall implement and enforce applicable State or local codes with respect to which a certification was accepted by the Secretary under subsection (c)(2)(B) or paragraph (5) of this subsection, or the national energy efficiency building codes, as provided in this subsection.
Enforcement
- The Secretary shall propose and, not later than 3 years after the date of enactment of the American Clean Energy and Security Act of 2009, shall define by rule violations of the energy efficiency building codes to be enforced by the Secretary pursuant to this section, and the penalties that shall apply to violators, in any jurisdiction in which the national energy efficiency building code has been made applicable under subsection (d)(1). To the extent that the Secretary determines that the authority to adopt and impose such violations and penalties by rule requires further statutory authority, the Secretary shall report such determination to Congress as soon as such determination is made, but not later than 1 year after the enactment of the American Clean Energy and Security Act of 2009.
- Where a State fails and local governments in that State also fail to enforce the applicable State or national energy efficiency building codes, the Secretary shall enforce such codes.
Punishment
- The Secretary shall assess a civil penalty for violations of this section, pursuant to subsection (d)(3), in accordance with the procedures described in section 333(d) of the Energy Policy and Conservation Act (42 U.S.C. 6303). The United States district courts shall also have jurisdiction to restrain any violation of this section or rules adopted thereunder, in accordance with the procedures described in section 334 of the Energy Policy and Conservation Act (42 U.S.C. 6304).
- Each day of unlawful occupancy shall be considered a separate violation.
- In the event a building constructed out of compliance with the applicable code has been conveyed by a knowing builder or knowing seller to an unknowing purchaser, the builder or seller shall be the violator.
Summary
The Federal government will set lofty goals for energy reduction at the household level and dictate that state and local governments verify that the objectives are met and subsequently punish any citizen not in compliance. Punishment will range from daily fines to being prevented from selling their real property to forcing remodel projects to be completed by sellers, regardless of their ability to afford doing so. The increased costs for hiring inspectors and enforcement personnel, their management chain and administrative support staff, office space, vehicles, tools, increased caseloads in the courts and the appointed defense attorneys for those defendants unable to afford a defense will be borne by the taxpayers through a combination of income and property taxes, plus applicable fines.
Okay, so rewinding to the beginning, WWTFFD (what would the founding fathers do)? Well, I think they would keep it simple. They were interested in keeping centralized government to a minimum – keeping government localized. They felt so strongly about this, in fact, that they had a tea party and started a revolution. They would say that the central government was intended to provide for national defense, a monetary system and the general health and welfare for its citizens, and everything else should be handled by the States. Beyond those fundamental provisions, we are blessed today with organizations such as the United Nations that provide a forum for representatives of all people from around the world to deal with global issues that are not the focus, nor fault of any one nation. Yep – I think old Thomas M. Foster would agree. Just keep it simple.
The True American Spirit
Let me inject a few more observations. I do not believe the hybrid vehicle concept was driven by any government decree. I do not believe Native Americans built mud huts to keep cool because the government told them they had to. I do not believe multi-layer glass windows were introduced as a result of government programs. I do believe that these were all independent thinking solutions by enterprising individuals and companies who had good ideas and the wherewithal to develop their products and bring them to market. Pure and simple – American entrepreneurial spirit and capitalism at its finest.
Let us all join together and help Congress get back to basics – providing for a strong national defense, a monetary system and the general health and welfare for its citizens. 2010 is just around the corner. Vote responsibly!
Happy Independence Day!
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