Think Federal Agencies are Interested in Success? Think Again

Today, an unprecedented amount of individual responsibilities have been delegated to the Federal govt.  This trend has been to the detriment of our society.  What is the goal of any human?  The goal of any person is to make their life better, whether through more money, more security or less work; everything we do is geared towards this goal. In Mises’s own words;

“Action based on reason, action therefore which is only to be understood by reason, knows only one end, the greatest pleasure of the acting individual.”

Therefore, we cannot expect the individuals who compose the public sector to act contrary to their own best wishes.  So to see what we should expect from our public employees, we should look at what actions they should take to advance their (and not ‘society at large’s) aims.  We will compare for each goal what the respective incentives for private vs. public individuals.

Job security:

One of the biggest goals of employees (especially ones with families) is job security.  What actions does a private employee have to take to ensure job security?  One of the best things a private sector employee can do to ensure he will come back tomorrow would be to Be as productive as possible, maximize profit, and ensure that customers have a nice experience while using whatever product or service is being produced.

How does a government employee stay employed?  Under no circumstances “should” a public employee accomplish anything if they want to keep their job. The fastest way to end a govt. program would be to solve the problem it was created to solve, right?  The employee should perform poorly, thus retaining a deficiency, causing lawmakers to throw more money at it…. in the hopes that voters will see how much they care. Under no circumstances would any lawmaker cut the headcount at a dept before the “problem” has been solved; coincidentally, few problems are ever actually solved.

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Unconstitutional in so Many Ways

Most people who criticize the (Federal) healthcare overhaul do so with the main focus (understandably) being on the most in-your-face aspect of the bill.. namely, the personal mandate.  This is likely owing to the blatantly fascistic nature of requiring someone to purchase a private product from another person.  It could also be because of the clearly “paternalistic” nature of passing a law to make someone do something “for their own good,” as if a stern lecture or a spanking would be waiting for those who disobeyed.  Because of the magnitude of the overstep in this one aspect of the law, lots of other less obvious violations have been missed and ignored.  I would like to take a look at them in this article.  Upon research, I discovered several (major) different ways that Obamacare is not only unjust, but it violates the original intent of the Constitution.  I have categorized the examples by which part of the Constitution they violate.

The General Welfare Clause

“The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States”

Clearly, by my reading of federalist 41, the General Welfare clause was simply intended to be a qualifier on the taxing powers of the Federal govt., saying in effect that everything the Federal govt did had to be attached to another enumerated authority granted within the Constitution.  The spending had to be beneficial to all within the Union; therefore, you could not give a benefit to one individual, class or state, that wasn’t given to all.  Or in other words, you cannot take from one, or some, to give to another or others!  Violations by Obamacare of this clause in the Constitution include, but are certainly not limited to:

– The outright bribe(s) given in the “Louisiana purchase,” and the “corn husker kickback.” By giving preferential treatment to 2 states over the others in order to bribe members of the Senate to vote against the interests of the rest of the country. This bill is not in the general welfare, but the specific welfare of the states that have been given preferential treatment.  The Nebraska deal was stripped out in the final bill but even more graft was added in, so all of this violates the General Welfare clause.

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Ideology vs. The Constitution

I’d like to clarify our role here at the Tenth Amendment Center.  We are many times falsely referred to as a “Libertarian Think-Tank,” but this is a somewhat false assertion. The Tenth Amendment is a non-partisan rule of construction. It simply asserts what the Federal govt. is allowed to do, (and for the most part – what the statesare allowed to do).  Thus, it can just as easily be cited to justify a state’s desire to legislate auto emissions as it would be to assert 2nd Amendment rights amongst conservatives.  It can just as easily assert the right to death “with dignity,” or to recall the State National Guard as to assert healthcare freedom.

So, when we evaluate the “Tenth Amendment movement,” we need to keep in mind that what we think of the Tenth is by extension what we think of the Constitution.  If we are to disparage local control via the Tenth, we need to question our very charter as a nation. What the Tenth Amendment is essentially saying is that small communities across the nation have a right to govern themselves (or ourselves) in a manner that, to us, seems most likely to protect our inalienable rights, as are mentioned in the Declaration of Independence.

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More Letters to Send in Support of Obamacare Nullification

Here are more model e-mails in support of Obamacare nullification.  If you need help finding your State Legislator, you can look for them at this link http://www.leg.state.or.us/findlegsltr/ Just enter your zip code and all of your representation (both Federal and State) will come up.  The committee members you are trying to reach are on this post…

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My Prepared Testimony in Favor of the Oregon Firearms Freedoms Act

Here is the Testimony I am sending to the House Judiciary committee, I would encourage you all to send similar testimony to the same.  The email addresses are annola.dejong@state.or.us, as well as all the addresses in this piece I put out earlier http://oregon.tenthamendmentcenter.com/2011/02/hb2796-oregon-firearms-freedoms-act-to-do-list-revised/ .  Remember the members on this committee should be hearing from us often.  Once you have sent testimony, send emails, and call as well.

Distinguished Sirs/Madams,

I am writing to you in the hopes that you will pass the Oregon Firearms Freedoms Act.  The Federal govt. only has the authority contained in the text of the U.S. Constitution.  This plain fact is affirmed not only by the text of the document, but also by the quotes of the Founders at the ratifying conventions.  The fact that other versions (the “Virginia” Plan) or amendments (proposed by Madison),  which would have enlarged those powers, were specifically rejected.  The Tenth Amendment caps the powers of Congress, as those powers delegated – and reserves all powers not delegated  to the Federal govt., nor forbidden to the states, to the states (or to the people).

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Action Alert: SB498 Obamacare Nullification may not even get a Hearing in Oregon

I went to Salem with Art Crino (from 912) today to discuss sb498 (obamacare nullification) http://www.leg.state.or.us/11reg/measures/sb0400.dir/sb0498.intro.html and the feeling we got from the members of the Healthcare committee was not good. One member even confided in us that he did not even think it would come up for a hearing in committee (much less make…

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