Transition from REPUBLIC to DEMOCRACY

As it should well be known, the United States was formed as a Republic and NOT as a democracy. During the past 60 years, the term "democracy" as been erroneously tossed around and touted as equivalent to Republic. The distinction is more then a matter of semantics. It is time the citizenry of the United States recognize that we must take the next step toward "democracy", and amend the United States Constitution to provide for an "initiative-referendum" process common to many States. The "initiative" process gives registered voters the right to directly participate in the Federal Government and laws that affect every citizen regardless of your State of residency. The proposed Amendment that follows gives each U.S. citizen the right to participate in the Federal Government ( Washington, D.C. ), a right that no individual citizen or group of citizens has under existing provisions of the U.S. Constitution.

AMENDMENT #___ ( proposed ), to the Constitution of the United States:

SECTION 1. All political power is inherent in the citizenry.
Government is instituted for their protection, security, and benefit,
and they have the right to alter or reform it when the citizens
may require; further, prior provisions of this Constitution that are inconsistent herewith are specifically repealed and superseded hereby, including, but not limited to Article V of this Constitution of the United States.

SECTION 2. No person shall be deemed a citizen until they attain 18 years of age. Corporations and other artificial entities are not persons
and are not entitled to the privileges and immunities of citizens. Only persons who have attained 18 years of age, and are otherwise qualified to vote, shall be entitled to the privileges and immunities of citizens.

SECTION 3. Citizens who are qualified and duly registered to vote in any State of the United States inherently have and shall forever retain to power to directly change, modify, adopt, reject and/or repeal any statute, law of the United States or provision of or to this Constitution, or to adopt a new Constitution, by citizens initiative.

(a) An initiative measure may be proposed by presenting, to the
Speaker of the House of Representatives, a petition that sets forth the text of the proposed statute, law and/or amendment to this Constitution and is certified to have been signed by one hundred-thousand citizen registered voters whose signatures and citizenship are confirmed by the respective Governors of the State or States where such citizen voters are duly registered to vote.

(b) Once a citizens initiative petition has been lodged with the Speaker of the House of Representatives, without amendment, it may be voted on by the full House of Representatives, and if passed by 60% vote of the Representatives, it shall immediately become and be the law of the United States.

(c) In the event the House of Representatives fails to pass the citizens initiative, then in any such event, the initiative shall be placed on the ballot for the next general election, and if passed by 60% of the citizens who vote at the general election, it shall, within 30 days of such general election, become the law of the United States;provided further, each Representative who voted against said initiative in the House, shall be immediately terminated and removed as Representative for the respective Congressional District, and the vacancy thereby created shall be filled by appointment by the Governor of the respective State, for the remainder of the term of the Representative so terminated and removed.


SECTION 4. The House of Representatives shall have the power to submit any matter or issue directly for vote by citizen registered voters at a general election or special election. This shall be known as a referendum, to be voted on by the citizenry, to approve or reject statutes or parts of statutes that the House of Representatives may not agree on or be deadlocked on. The Senate shall not have the power or authority of referendum.

(a) A referendum measure may be proposed by 60% affirmative vote of the House of Representatives, after which affirmative vote the referendum shall be placed on the next general election ballot or on the ballot of a special election called for such purpose. Special Elections of referendum issues, shall only be called, if an emergency is declared by the President of the United States. Any Declaration of War, or for the deployment of troops on foreign soil, shall be submitted to the citizenry for vote, by referendum, at a special election called for such purpose.

(b) Referendum issues voted for by 60% of the citizens who vote at a general election, shall, within 30 days of such general election, become the law of the United States without further vote by the House of Representatives, Senate or signature of the President of the United States.

(c) Referendum issues voted for by 60 % of the citizens who vote at any special election, without further vote by the House of Representatives or Senate, shall become the law of the United States when signed by the President of the United States.

SECTION 5. No court, including the United States Supreme Court, tribunal or officer, shall have any power or authority to review, alter, suspend, enjoin or modify any law, statute or Constitutional provision or any part or parts thereof passed by vote of the citizenry by or through the initiative or referendum process.

IS IT RIGHT FOR ONE FEDERAL JUDGE TO NULLIFY MILLIONS OF CITIZEN VOTES - THE U.S. CONSTITUTION NEEDS TO BE AMENDED

The are many recent rulings by Federal Court judges that nullify millions of votes cast by individual citizens on issues of concern. This anomaly, finds its root in 1788, on the ratification of what is know recognized as Article III of the United States Constitution. A Constitution adopted for 13 colonies, with a total non-slave population of 2.4 million, framed by 17th century political views. This outdated document, contrary to popular notion, did not establish a Democracy. Times have changed, the population of the U.S. is estimated to top 350,000,000 million, 37 States with there own Constitutions, voting rights and Government structures have been added; and, all citizens regardless of sex, race, national origin, color or creed now have the RIGHT to vote, and their votes counted.

Enter Article III from 1788: Article III essentially nullifies the vote of every citizen of every State; further, Article III invalidates the process and orderly governance of every State. Article III gives one appointed Federal Judge the authority to invalidate any State law and the ten’s of millions of votes cast by citizens. Essentially, Article III creates the Kingdom of Federal Courts, with the sole authority to legislate how every citizen should live. Article III guarantee’s that the United States will never be a Democracy and that elections and votes are nothing but theater. Article III is an obstruction to Democracy and citizens voting rights.

Recently, by the use of modern technologies, it was discovered that the
July 4, 1776, Declaration of Independence, was penned with the word “subjects”and later changed to citizens. The truth was first written, all persons in the U.S.are mere “subjects” pursuant to Article III; subjects to Federal Judges, who in the likeness of Gods, are appointed for life, but who’s determinations extend far beyond the actual life of any Federal Judge.

It is time for the States and citizens to wake up to the fact that the United States is a dictatorship ruled by non-elected Federal Judges. The time has come for States and citizens to stand-up for and take back their rights, including the right to vote and have each vote be counted. The U.S. Constitution begs to be Amended and Article III be repealed. The following is one suggestion for a change that will bring the U.S. closer to a democracy, where citizens votes count.

“ AMENDMENT 28 :

Section 1. Article III, Judicial Branch, of the Constitution of 1788-9,
is specifically repealed, null and void. Neither the Supreme Court nor any inferior Federal Court, as my hereinafter be approved by vote of seventy-five (75%) of Congress,shall have any authority whatsoever to adjudicate any matter voted on and/or approved by the citizens of any State pursuant to State Constitutions. Article VI , General Provisions, of the Constitution of 1788-9 is amended as follows, Section 1 is repealed; the language of Section 2 is stricken and replaced by new Section 1 as follows: This Constitution, as amended, and the laws enacted pursuant hereto, to the extent that they are not inconsistent with the laws duly enacted by any State, shall be the general law of the land, and each State and all State officers shall have concurrent jurisdiction to enforce Federal laws, rules, regulations, directives or orders within the respective States. Article VI , Section 3 - Oath of office, is repealed and replaced with new Section 2 as follows: The President , Vice-President, Department or Agency Secretaries, all Federal officers and officials including all members of Congress shall swear on written oath that each shall fully read, and, by initial endorse each any every bill, rule, regulation, directive or order, before the passage or adoption of the same; and shall fully enforce all Federal and general laws; further, in the event any Federal officer or official violates their oath of office, that person, including the President, Vice-President, Department or Agency Secretary, shall automatically forfeit and resign from office, or be forcibly removed from office and imprisoned for a period of not less than the remainder of the term of said office.

Section 2. Federal Judicial Authority - The Judicial Authority of the Federal Government shall be limited to : a) matters in dispute between States; b) matters in dispute between citizens of different States; c) laws passed by Congress, and rules regulations, directives or orders of any Federal agency including the U.S. military; d)disputes between citizens and any Federal agency; e) franchised entities including corporations are not citizens but artificial entities and shall not have standing in Federal Courts except in limited matters where a Federal agency rule, regulation , directive or order is specifically addressed to a particular corporation or artificial entity; f) except as provided herein, no non-citizen or person shall have standing before any Federal Court; g) The Judicial authority shall not extend beyond internationally recognized territorial boundary of 12 nautical miles from U.S. States and extended seaward economic zone ( 200 miles ) and any person or entity violating U.S. or State laws, rules, regulations, directives or orders applicable within such territorial boundary or extended economic zone.

Section 3. Federal Judges. There shall be one Federal Supreme Court, known by the aforesaid title. The Federal Supreme Court shall consist of nine (9) non-appointed Judges selected by public blind draw lot to serve for a term of no more the six years (6). All other Federal Judges shall be non-appointed and selected by public blind draw lot to serve for a term of no more then four (4) years. No Federal Judge shall serve for more then one (1) term. Any natural born citizen of citizens of the United States or any State, who is at least thirty-five years of age and has at least a four year degree from a recognized college or university in any State of the United States; is a duly registered voter in a State of residence in the United States; has not been convicted of any felony criminal offense, or aggravated misdemeanor; is of good character and not a member of any recognized terrorist organization; may upon affidavit of credentials, have his or her name placed in the lot for blind public drawing to fill Federal Judgeship positions including Federal Supreme Court positions. Federal Supreme Court judges selected by lot shall, each year, vote for one of the lot to act as Chief Judge for one year of the selected judges six (6 ) year term. The Federal Supreme Court Chief judge shall have the authority to promulgate administrative rules to provide for the orderly administration of the Federal Courts, so long as said rules do not compromise due process, individual, civil and voting rights as otherwise provided for in the U.S. Constitution as amended.

Section 4. Federal Judges shall be personally and individually liable for violation the individual, Constitutional, civil, or voting rights of any citizen. ”

The above is an example of the type of Amendment to the U.S. Constitution that is needed to stop the dictatorship by Federal Judges, where a single Federal Judge can invalidate the votes of millions of citizen voters. Citizens are entitled to have their votes count.

WHAT THE NEW U.S. HEALTH CARE LAW SAYS & MEANS

Regardless of the political rhetoric an hype, the middle-class [ those with annual earnings between $35,000. and $88,000. ] as always, will shoulder the burden and pay the price for Health Care reform. The HC Bill does not prevent Health insurers from increasing premiums related to rising health and prescription drug costs, and mandates substantial new risks that insurers will translate into significant premium increases. Let's face reality, something Congress fails to do when passing legislation. The new law mandates that folks cannot be excluded because of preexisting conditions AND eliminates caps on payouts for care. Sounds great, but the reality is that Health Insurers are in business, a business for PROFIT, even through technically incorporated as a non-profit. The bottom line: premiums are going to SKYROCKET !!!

Congress says “...don't worry middle class and poor...” we have you covered; we will subsidize your health care premium costs, on a sliding scale, of course; less for the family making $88,000 annually, more for the family making $30,000 or less annually, by taxing the rich, defined as those making more then $200,000.00 annually. Sounds great, but Congress and most U.S. High School graduates are not good at math. Using government figures this translates into around 900,000 high earners who will be subject to a 3.8% tax generating at best $ 3 billion to 3.5 billion in added revenue. This new tax will be a drop in the bucket when the costs of adding 31 million now uninsured, plus an additional 12 million who will become uninsured ( as a result of the recession and unemployment ); 41 million NEW insureds. In the next two years ( 2012) there is a probability of immigration reform, that will add an additional 20 million to the subsidy roll. The realistic number of persons entitled to a government health subsidy( your taxpayer dollars ) by 2014, jumps to 63 million.

Under the new law, the average family of four ( 4 ) minimum monthly health insurance premium will be in the $1000.00 range; $12,000. 00 a year plus co-pays. 75% of the new 63 million enrollees' will be subsidized; 47million 250thousand ( 47, 250,000 ) x ( times ) a 50% subsidy means the government (you the taxpayer via Congress) will have to come up with a minimum of $2 trillion 835 billion dollars by 2014 to fund the program, and this does NOT INCLUDE the costs of medicare.

The other reality is that by 2012, according to U.S. Government figures, 23% of the U.S. Population ( estimated to be 350 million ) will be over 65 years of age and on medicare: 80 million 500 thousand medicare beneficiaries. Even by CUTTING MEDICARE payments to $6,000 per year per senior [ currently around $9900.00 a year per medicare senior is paid to Medicare Advantage providers ] and by REDUCING COVERAGE[to bare bones/guaranteeing early death ] the government will have to come up with an additional $ 483 billion dollars pushing the 2014 deficit to OVER $3,200,000,000,000.00 TRILLION FOR HEALTH CARE ALONE.

How about coverage: on PAPER everyone will have coverage; but try and find a M.D. who will accept the medicaid or medicare payment as total payment for his or her bill. Go on, go ask your doctor.

Crank up the presses, the dollar........ will it be worth 10 cents ? What is our banker ( China ) going to say ? Hello, … another bankrupt nation headed toward third world status.

“Israel to Bomb Iran - A story of the trail that wags the dog”

The Obama administration is learning that it is the tail ( Israel ) that wags the dog ( U.S.A. ) when it comes to the middle-east, flow of oil, and world finances.
Israel, since it's recognition in 1947, by then U.S. President Harry Truman, as a de-facto State of the U.S., has received more U.S. aid and subsidies than any other U.S. State and virtually every other Nation. In direct U.S. aid, Israel has received well over $400 billion U.S. taxpayer dollars; in addition, the U.S. has provided Israel with nuclear technology and military ordinance worth the billions of dollars. Bottom line, Israel is the most powerful U.S. State and is U.S. proxy abroad.

As the recent visit of U.S. Secretary of Defense Gates indicates, the Israeli government of Benjamin Netanyahu, and his Defense Chief Ehud Barak, intend to bomb Iran, resulting in the interruption of the flow of Iranian oil to China and other Asian customers. Israel is U.S. foreign policy. The bombing of Iran will interrupt oil flow and markets, permanently de-stabilize the middle-east with U.S. troop occupation for the foreseeable future. The world will be plunged into a full blown financial depression.

What is amazing is the silence of China. China stands to lose the most, politically and financially, from this planned chaos. One would think that China would assert itself as a world power, enter into defense/security agreements with Iran, Iraq, Syria, etc. ( fashioned after U.S. /NATO agreements ) and deploy troops and equipment accordingly, in order to check Israel, prevent the further de-stabilization of the middle-east, and to avert civilian catastrophe in the making. The Israeli bombing of Iran will trigger the collapse of world financial regimes, rendering the dollar of little value, and substantially diminishing the value of dollar assets held by China.

China has been reluctant to assume the roll of "peace maker" in a world tumbling into disorder under the leadership of the U.S. The U.S. thrives on and cultivates chaos and disorder. There is no single nation, with the exception of China, that has the capability of bringing order and common sense to the bargaining table. Hopefully, China will recognize it's roll and responsibility as "peace maker" before it is to late; now, appears appropriate.

National Health Debate - Starting Point Missing

As the Obama Administration, Congress and nation continue to spar regarding health coverage for U.S. Citizens, and the 40+ million who are uninsured; a material item is missing from the debate: a $ dollar starting point.

None of the various "plans " address participant costs. The cart has been placed before the horse, and debates, without financial foundation, will drowned in rhetoric. Until there is agreement on feasible participant premiums there will be limited progress in resolving the U.S. national health disgrace.

The horse needs to be put back in the lead, before, and not after, the cart. Until the "masters of the universe" in Washington, D.C., can agree on participant premiums, a dollar starting point, meaningful discussion will remain vacuous. There is no need to re-invent the wheel. Medicare, on an income adjusted scale, pegs $96.40 a month per person, as the average participant premium. Any National
( U.S.A. ) plan should peg participant premiums be it $96.40 per month per person or $250.00 per month for a family of four, some dollar starting point needs to be agreed on before meaningful discussion can go forward.

Once a dollar participant premium is established,the debate can meaningfully move forward to determine what coverage can be purchased for the participant premium;what type of coverage will $96.40 a month buy ? There hundreds of HMO's and Health Insurers that can provide data addressing coverage given a participant premium amount. Caps are needed, including caps to Medicare payouts: e.g., no more then $200,000.00( two-hundred thousand dollars, drugs included ) in services to any participant or family during any one year, with a million dollar lifetime cap. For any "plan" to become law, there must be limitations and caps, a carte blanche system, or expanded Medicare, will bankrupt this Nation.

IF and it's a BIG IF, congress focuses on who will be included in any plan ( should be limited to U.S. citizens over 18 ), and can agree on a monthly dollar participant premium, there may be a chance debates over coverage can be resolved within financially feasible parameters, providing coverage through existing HMO's and Insurance Carriers with limited government participation. The U.S. government should limit it's direct participation to mandating uniform records keeping, billing, claims, dispute resolution and service classification standards; and publishing plan and coverage comparisons available in each State, similar to what Medicare publishes each year for Medicare Advantage plans.

The Way to Win Wars in the 21st Century

Each and every day the U.S. pours ten of millions of taxpayer dollars [ somewhere in the neighborhood of $$$$$$$$$$$$$4 trillion spent to date ] in our "war" efforts in Iraq, Afghanistan, and now, Pakistan. And Congress buries the real costs associated with the loss and injury to U.S. troops. After all, what can the average U.S. citizen expect when U.S. military Brass, Congress and the Administration are steeped in 18th century Prussian mentality that "...might is right...". When are the masters of the universe in Washington, D.C. going to recognize 21st century realities ? Ideology and religion are impervious to bullets. You can't invade another nation with a different language, history, religious belief and economy with any realistic expectation, except failure. What the U.S. "war" efforts are doing, is to create generations of the future that "hate" the U.S. Does anyone believe that an 8 year old Iraqi or Afghani orphan, who has lost his family by "collateral" damage caused by U.S. forces, is going to grow up and say it was all for a good cause ?

Anyone who has spent time in the middle-east finds that western "logic" has no application and little impact on their traditions: if you are a foreigner to their lands, and something happens, it is your fault; you had no business being there in the first place. Fortunately technology has provided the U.S. with a way to salvage the quagmire the Washington "masters of the universe"
have gotten us into, and, save billions of U.S. dollars and lives in the process. There is a way, but it will be difficult to convince Congress, the Administration and U.S. Military Brass that anything real can be accomplished without the mass spilling of blood. Carnage appears to be a popular emblem worn by a substantial majority of those in Washington.

What should and could be done, is for the U.S. to immediately pull all forces out of Iraq, Afghanistan, and Pakistan. All forces including Blackwater and the other "private security" forces paid for by the U.S. and deployed in these countries; and, request NATO and other coalition forces to do the same. To increase the UMA ( unmanned aircraft ), and unarmed, drone, overflights of areas of concern launched from offshore U.S. aircraft carriers, or from volunteer host third countries; providing the "governments"of Iraq, Afghanistan and Pakistan, with real-time intelligence regarding suspected activities. It is and remains the responsibility of the "governments" of Iraq, Afghanistan and Pakistan to police their respective nations and route-out those persons and organizations that destabilize their respective countries and pose a threat beyond their borders. The U.S. should get out of the business of "playing God" hence unarmed drones. If killing is warranted, it needs to be done by nationals and forces of the respective countries and not by foreign U.S., Coalition or NATO forces.

Unless Washington is willing to commit to 100 year "wars", the bankruptcy of the U.S. and virtual "slavery" of U.S.worker/taxpayers, there must be a paradigm shift in Washington. Winning the hearts and minds of the peoples of Iraq, Afghanistan and Pakistan, will not be accomplished by guns, bombs, missiles or rhetoric. These countries will not succumb to Western ways, values and religion in our lifetimes. The U.S. has the technology to assist the governments of Iraq, Afghanistan and Pakistan in making difficult decisions, without the physical commitment of U.S. boots on the ground. 21st Century conflicts cannot be resolved by resorting to 18th Century mentalities.

G-20 HUFF & PUFF

The G-20 meeting has accomplished little to nothing toward resolving the global financial discord. One major stumbling block is the U.S. posture and neo-Keynesian approach to resolving the U.S. recession, stimulus ( government ) spending. As the main world reserve currency, the U.S. dollars use impacts global trade and the value of all other currencies in play. The U.S. posture and U.S. resistance to the regulatory approach favored by most European and Asian nations, is the harbinger of a prolonged global recession now cascading to depression.

Had the U.S. approached the G-20 with an open minded plan, some agreement may have been possible at the March meeting. Instead the U.S. appeared armed with Obama rhetoric and good will, but no acceptable "plan" to address world concerns.

In November, 2008, as the ugly head of recession was prominent in the U.S., common sense and straight forward suggestions were posed to the U.S. congress: Cap interest rates at 12 % simple interest per annum, 6 % on 20 year home loans; eliminate "day trading", and require that stocks be held for a minimum of 13 months; restrict commodities trading to end users only; limit financial instruments to traditional stocks and bonds; repeal Pub.Law 106-554(1)(a)(5) [ Commodities Futures Modernization Act ] and re-institute Glass-Steagall [ Banking Act of 1933 ] provisions. In addition, it was suggested to the U.S. congress, that there be modifications to the Federal Reserve Act of 1913, requiring among other things, that banks rates have a universal rate range of .05% and minimum reserve requirements of 20% be established.

Had the U.S. appeared and presented G-20 members with a "plan" based on components designed to stabilize financial markets, e.g., retail interest cap, central bank rate range of .05%, elimination of " day-trading" of stocks, and restriction of commodities trading to end users, there may well have been something concrete and tranquilizing emerging from the G-20, March, 2009, meeting. As it is, G-20 accomplished little except as a format for G-20 leaders to get to know President Obama. World financial markets remain in disarray, as the global recession deepens giving rise to political instability in certain G-20 participants. What a mess the U.S. Congress has gotten the world into.

Political Contributions = BIG AIG $$$$$$ REWARDS

Obama was voted in to "change" Washington. The only change appears to be the party, now Democrats, that get "pay" to "play". AIG "invested" $100,000.+ in Senator Dodd, Senate Banking Chair, and $100,000.+ in Obama, now President. What AIG bought for these contributions was the AIG "loophole" Senator Dodd inserted in the massive, 1100+ page, American Recovery/Stimulus Act, Pub. Law 111-5, a loophole that has cost U.S. taxpayers $165,000,000. million in AIG bonuses to date and likely much more in the future. What a return for the AIG $200,000.00 investment !!, $165 million in less then 1 year !!! Political investments continue to pay off BIG, VERY BIG, by comparison to the paltry return hard working, main-street, Americans can get on bank CD's. The thing that has changed in Washington is BIGGER BONUSES for those who make significant campaign contributions. This is just the start, there are lots of "loopholes" in the 1100+ pages of Pub.Law 111-5, that will cost taxpayers many, many more billions and bankrupt future generations of citizens.

THE TEMPORARY WORKER

The U.S. is writing a new chapter in the book of employment. The global financial crisis created by unregulated private U.S. financial sector interests is raising havoc not only with the lifestyles of hundreds of millions around the world, but on what has been traditionally thought of as employment. Gone forever are the days when a U.S. worker could expect to be employed by a private company for ten (10), fifteen (15) years or longer. Retirement from a single employer ( except for government jobs ) has become virtually extinct. The U.S. and parts of the world that follow the U.S. model are now embarking on the path of the " TEMPORARY WORKER ".

The " temporary worker " bodes well for U.S. companies and foreign firms that follow U.S. models, in that "retirement " no longer presents a "cost" to the company. Federal, State and Local Governments will survive as the refuge for employee "retirement". This shift will be reflected in the increasing "cost" of government that translates directly into increased taxes on the population in general.

Taxes and the increased "cost" of government reduce, and do not contribute to real GDP. Employment by governmental entities, is not productive nor market employment, because taxes are not optional. Market forces, and choice, play no part in government employment. And, unlike other enlightened countries, the U.S. has an open border, open employment policy: if you get to the U.S., you can be employed. This new era, ushered in by the current recession (depression) provides the foundation for the new "temporary worker" status for all U.S. private sector workers. It includes employment created by American Recovery Act deficit spending as the employment by private firms contracted for "stimulus" programs only lasts as long as Washington continues to dole out money. Such employment is "temporary" and will not create a climate for real jobs in the private sector. All one has to do is look at the data complied by good old "Uncle Sam" over the past 10 years. The fastest growing sector in the U.S. is government related jobs, i.e., the U.S. has become the land of BIG GOVERNMENT.

The new "temporary worker" will have little job security, and therefore, will live, as many U.S. workers now do, on a pay-check-to-pay check basis. Banking and credit institutions will have to adjust lending practices accordingly. The idea if home ownership and a 20 or 30 year mortgage predicated on a steady income stream, will likely fall by the way side except for the wealthiest 1% to 2% of the population. In short, the U.S. will retreat to lifestyles and expectations reminiscent of 1910. Although this is not the aim of the Obama administration and U.S. congress, will become the reality as a consequent of their misguided actions. The surviving private sector will continue to struggle to underwrite the increasing cost of Big Government, and will fill diminished ranks of workers from the increased pool of "temporary workers" though-out the world decreasing the hourly value and wage of every worker, and significantly reducing the employment of U.S. citizens.

Don't tear up, nostalgia aside, HELLO ....TEMPORARY WORKERS !

TO BIG TO FAIL

Washington has overlooked and continues to ignore the part the failure to enforce U.S. Anti-Trust laws [ 15 U.S.C. 1 et.seq. ] has played in the economic collapse ( current recession/depression ) of the U.S. and the collateral damage it has caused to the world community. As far back as 1890 [ Sherman Act ] it was recognized that a company or corporation could grow to a point of suffocating free markets. Since the 1960's Washington has been a rudderless ship when it comes to preventing acquisitions and mergers that tend to create monopolies that stifle free markets; and, this failure has lead to the creation of the " TO BIG TO FAIL " now U.S. Government/Taxpayer bail out of the likes of AIG, Wall-Street, Big Banks and G.M. U.S. politics and ideological differences prevented the U.S. from vigorously enforcing Anti-Trust laws long on the books. Main-street U.S.A. and the average Joe & Jane of other nations have paid the price of U.S. Government lethargy.

Had Washington enforced anti-trust laws long on the books [ Sherman Act 1890;Clayton Act 1914 ] AIG, Goldman Sachs, Bank of America, CityBank etc. would never have grown to the size that would imperil the U.S. "TO BIG TO FAIL" taxpayer bail-out would never have come into play. Fingers continue to point to the U.S. housing bubble, and sub-prime mortgage collapse as the cause of the current economic crisis. These were indeed factors and the probable trigger for the current crisis. However, had the U.S. anti-trust laws been vigorously enforced mega-banks (Bank of America ) and mega insurance and financial institutions (AIG, Goldman Sachs, etc. ) would never have achieved the size and dominance to significantly impact the U.S. and world economies. Size does matter, bigger is not better; by containing the size of institutions, not only is competition enhanced, but the failure of a single institution will not cause market collapse.

There is entirely too much outside political influence in Washington ( lobbyists, PAC's, etc. ) for the U.S. to function except at a remedial level, far below what is required to effectively be a leader in today's world.

PERSPECTIVE IS LACKING IN THE OBAMA "STIMULUS"

President Obama does not need to tell main-street U.S.A. that the U.S. is experiencing HARD TIMES and that their immediate future is bleak. The average U.S. citizen is living the nightmare. Everyone understands that something needs to be done; accordingly, citizens look to Washington for answers. But lets look the data that President Obama is presenting: an $800 billion, now $900 billion, and, with interest carry, over $1.3 to $1.6 trillion "stimulus" on top of the $700 billion passed TARP program of 2008, added to the $126 billion 2008, AIG bail-out.

Some perspective is needed: it took George Bush 8 years to run up the U.S. National debt to $1.2 trillion dollars. President Obama has been in office for 21 days and proposes that we MORE THEN DOUBLE the national debt. So, rhetoric aside, what does this mean. It means, among other things, that the U.S. dollar, your and my savings, Social Security and other benefits have been devalued, i.e., it will take more dollars to buy the same food, fuel, medical and health services then it did in 2008.

President Obama, and Congress will not pin-point the number of private sector jobs that will actually be created by DOUBLING the national debt. Rhetoric should not be confused with actual private sector job creation. Government jobs, because they are directly taxpayer funded, actually add to the national debt, and do not contribute to the economic growth of the U.S. We are headed to 15% nationwide unemployment; Obama pontificates that the "stimulus" will create 4 million jobs. If we take a slim $800 billion as the proposed "stimulus" package base figure, and assuming that 4 million jobs will be created, that means that it will take $200,000.00 for each job created. Wouldn't be much simpler to pay each unemployed head of household $50,000.00 to pay off their debts and bills ? That would amount a treasury expenditure of a mere $ 200 billion and it actually help troubled homeowners, plus save the taxpayers over $600 billion. Another thought, would be to suspend the payment of Federal Income taxes for everyone making under $250,000.00 a year, for one (1) year, a tax holiday ? No treasury expenditure required; yet talk about "stimulus ".

We all know Washington is not composed of the best, brightest or even those with common sense. That is why the Obama/Pelosi "stimulus" consists of over 650 pages, of loop holes, so persons and business other then the average main-street U.S. citizen (we are the one's suffering) and those with political influence can get the "big" pay-off. The "stimulus" bill proposed by the Obama/Pelosi team is nothing more then a ruse, to direct taxpayer funds to privileged persons, corporations, States and Cities with the right political connections, just as the TARP bail-out of the Bush administration was designed to benefit those on Wall-Street and in the banking community who pushed the U.S. economy off-the-cliff. In short, it is Washington doing business as usual.

TO THE POINT 6 page STIMULUS - 650+ page HR #1 is GARBAGE

SHORT TITLE - [ DRAFT ] RECOVERY & MODERNIZATION ACT

1.0- PREAMBLE: The Constitution of the United State of America provides that citizens and voters of the United States shall govern and rule by an through duly elected representatives. Article I, Section 8, Subsections 1- 6, and subsection 18, vest Congress with the power and duty to control the money, credit and commerce of the United States, this power was intentionally with-held from the Executive Branch and President of the United States.

2.0- PURPOSE - Emergency: Congress and the citizenry of the United States have been confronted with an unprecedented financial crisis, affecting the value of the dollar, the stability of domestic and world markets, and adversely impacting the public, health, safety and welfare of the United States and its citizenry. These circumstances are declared an Emergency requiring Congress to immediately act to protect and preserve the health, safety and welfare of the citizens of the United States; and to so do, requires the re-structure Federal agencies and the regulation of banks, financial and credit institutions, and related markets; accordingly, any and all laws that are inconsistent with the purpose and/or provisions of the Act, including but not limited to Public Law 110-343 and P.L. 106-554 are, by this declaration, hereby expressly revoked, terminated, amended and/or modified, as may be required, so as not to be contrary to and/or inconsistent herewith.

2.1 - EFFECTIVE DATE: This Act shall be and immediately become law, in effect, on the day and date of the signature of the President, or any veto over- ride by Congress.

2.1. 01 -Expenditure Pre-Approval Required : The payment, expenditure and
/or disbursement of any funds, credits, monies, sums and/or amounts by the Secretary of the Treasury as authorized by Public Law 110-343 are hereby expressly terminated, and any further or future payments, expenditures and/or disbursements of U.S. Treasury funds, credits, monies, sums or amounts per Public Law 110-343 shall, on a case by case draw basis, require the prior written approval of any expenditure in excess of twenty-five million dollars, from a Special Joint Senate-House sub-committee composed of four (4) members ( 2 Democrats/2 Republicans). The Secretary of Treasury shall, on a case by case specific dollar amount request basis , present to said Special Joint Senate-House sub- committee details, terms and conditions, specific uses and purposes for the loan of Treasury funds to specific identified corporations and/or entities, together with a GAO assessment as to likely hood of repayment by the debtor entity or entities.
FURTHER, no draw against Treasury /Taxpayer funds duly appropriated by Congress, shall be authorized without the case-by-case pre-approval by said Special Joint Senate-House sub-committee as provided herein. This pre- approval provision shall not apply to States and/or public entitles with regard to appropriations for Public infrastructure projects.
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3.1 - Existing APR and Sub-Prime Mortgages: It shall be unlawful for any bank, company, entity or person, for a period of 3 years from the date of this Act, to charge or collect any interest on such indebtedness that exceeds the original rate charged to the U.S. citizen home borrower; further, after three years, the maximum adjusted interest that may be lawfully charged on such home, provided the original U.S. citizen debtor actually uses and occupies the home as his or her sole residence, shall be limited to 6% simple interest, and the overall term of the loan shall be limited to 20 years; the full amount of which home loan shall become due and payable on the sale, transfer, rental, lease, or vacating of the home as the sole and only residence of the original U.S. citizen debtor.

3.1.01 - Freddie Mac and Fannie Mae: Mortgages, Deeds of Trust or other security instruments held by, or for the benefit of Freddie Mac and Fannie May, on individual homes used and occupied as the sole and only residence of U.S. citizens within the United States, when in default, but before foreclosure, abandonment or surrender by the citizen debtor occupant, shall be entitled to consideration for enrollment in a "Rent to Own" re-negotiation of the original debt incurred for the purchase of said Home.
(a) - Basic Structure of Rent to Own: Rent to Own is an option for qualified
U.S. citizens who are in default and faced with foreclosure ( requiring them and family to move out of their only home and residence) of properties in which Freddie Mac and/or Fannie Mae have an interest. Prior to foreclosure
Freddie Mac and/or Fannie Mae shall review the financial positions of U.S. citizen debtors in default to determine a realistic monthly payment, to be denominated "rent", considering the current market rate for comparable
rental properties and the citizen debtors ability to pay; in the event appropriate terms that will allow the citizen debtor and family to remain in the subject home ( which shall be occupied as the citizens debtors only residence ) can be achieved, then the subject citizen debtor shall execute a Warranty, Grant Deed other Deed fully re-conveying title to the home residence to Freddie Mac and/or Fannie Mae, and Freddie or Fannie then shall extend to the citizen a three (3) year Rental Agreement with option to re-purchase said home, at a price equal to the outstanding balance of the original loan on said residence.

3.2 - Federal Usury : It is hereby unlawful for any institution, bank, credit card company or affiliates, person or entity to charge more then 12% simple interest for any consumer loan or extension of consumer credit to any person in the U.S., and/or to impose fees that exceed the 12% limitation. and any amounts that exceed such limitation shall be void. Violations of this sub-section are defined as "racketeering" subjecting any violator to the penalties and provisions set-forth in 18 U.S.C. & Pub.Lw.98-473, together with any civil penalties and/or causes of action that may be applicable under the state laws where the debtor resides.

3.3 - Stock & Commodities Markets: It shall be unlawful to trade, barter, sell, pledge or hypothecate stock or stock certificates in or within the United States, or in any company, corporation, entity, or person doing business in or with the United States, that are held for a period of less than 13 months; FURTHER, it shall be unlawful for any company, corporation, entity, or person doing business in or with the United States that is not the end user to trade, barter, sell, assign, or pledge commodities or contracts.
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3.3.1- Violations: The RICO ACT, 18 U.S.C. #1951-1968 is amended to include Section 3.1, 3.2, & 3.3 hereof as a definition of racketeering subjecting any violator, to the penalties provisions of 18 U.S.C. and/or all property and assets, obtained or suspected to be obtained by or related to any violation of section 3.1, 3.2 AND 3.3 of this act shall be fully subject to the Civil Forfeiture Provisions of the Comprehensive Crime Control Act of 1982, Pub.L. 98-473, as amended. Further, the standard of proof shall be based on the preponderance of evidence and court decisions, laws or provisions to the contrary are hereby declared null and void and of no force effect whatsoever.

4.0 - EXTENSION OF MONEY AND/OR CREDIT OF THE UNITED STATES OR U.S. TREASURY: NO MONEY,CREDIT OR GUARANTEE OF THE UNITED STATES OR U.S. TREASURY SHALL BE EXTENDED TO ANY PRIVATE BANK, FINANCIAL INSTITUTION, COMPANY, ENTITY OR PERSON EXCEPT AS FOLLOWS:
4.1- Security Required: No loan, extension of credit, or guarantee of the United States shall be extended to any bank, financial institution, company, entity or person except on the basis of a dollar-for-dollar security for the same in the form tangible personal or real property located within the United States having a real mark to market value, minus 15%, equal to the base amount of the loan, credit or guarantee extended by the U.S. Treasury. The cost of any such loan, credit or guarantee of the United States, shall include the full costs of administration of any such loan, credit extension or guarantee.

4.1.01 - Other Terms of Loan, Extension of Credit or Guarantee: The maximum period of any loan, credit or guarantee of the United States shall be limited to an cumulative total of no more then five (5 ) calendar years. Any and all banks, financial institutions, companies, entities or persons qualifying for and extended any loan, credit or guarantee of the United States, shall file tax annual tax returns and render accounting on calendar year ( January 1 to December 31 ) basis. Accrual accounting or reporting shall be unlawful and is hereby defined as " racketeering " subject to the provisions and penalties and civil forfeiture as provided by 18 U.S.C. #1951-1968 & Pub.Lw. 98-473;
further, any and all loans, extensions of credit and/or guarantees of the United States extended to any qualified bank, financial institution, company, entity or person, shall bear interest at not less then 1.5% above the Federal Reserve bank rate, and such interest shall be paid to the U.S. Treasury on a monthly basis during the period of the loan, extension of credit or guarantee Any default on the monthly payment of interest to the US. Treasury, or default on the repayment of the principle shall result in the automatic forfeiture, by confession of judgment, off all security for the loan, extension of credit or guarantee.
a) Compensation Limitations: During the period of any loan, extension of credit or guarantee of the U.S., every Board of Directors member of any borrower shall serve without pay, compensation or per diem, and the highest executive salary paid shall not exceed the U.S. Government Service, GS 15 amount. Violation of this sub-section is hereby declared and defined as " racketeering " subject to the provisions and penalties and civil forfeiture as provided by 18 U.S.C. #1951-1968 & P.L. 98-473.
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4.1.02 - Qualified Security: Qualified security for any loan, credit extension or guarantee of the United States extended to any bank, financial institution, company, entity or person, shall be all tangible, physical assets, personal and/or real property located or situated in the United States in which any CEO, CFO, President, Executive Vice President, and any Board of Directors member serving any bank, financial institution, company, entity or person seeking a loan, money, credit or guarantee from the United States, between the years 2002- 2008, has any interest in; AND/OR, the stock, warrants, options, bonds, real and personal property of said banks, financial institutions, companies, entities and/or persons. When socks and/or warrants are pledged and encumbered as a qualified security, the Treasury Department shall prepare and hold properly executed subordinated convertible debentures for controlling voting and ownership rights to and in said stock, warrants, options of such entities extended money, credit or guarantees of the United States.

5.0 - Federal Deposit Insurance Corporation [F.D.I.C. ] Coverage Increases: Existing laws, rules and/or regulations providing qualified banks and institutions with F.D.I.C. insurance coverage are hereby amended, by this reference, and coverage is increased to $250,000.00 per individual, per account, per bank or institution, and increased to $500,000.00 on retirement , IRA and/or Roth accounts.

The Secretary of Treasury and head of the F.D.I.C. are hereby directed to immediately extend coverage to all qualified institutions for individual and personal account coverage in and to the foregoing limits, and modify rules and regulations as necessary to provided for the same, and the premiums paid to the F.D.I.C. by qualified institutions for F.D.I.C. accounts shall accordingly be raised. Further, the Secretary of Treasury and the F.D.I.C. are hereby directed to modify, amend or enact such other rules and regulations as may necessary to implement account coverage increases consistent with this Act.

6.0 - Unemployment Compensation Extension - 12 months : Existing laws, rules and /or regulations providing of unemployment compensation, by this reference, are hereby modified to extend existing compensation to qualified U.S. citizens for an additional twelve ( 12 ) twelve consecutive months; and to extend equal compensation to U.S. citizens who become unemployed subsequent to the passage of this act, and who are otherwise qualified to receive unemployment compensation.

6.1 - U.S. Citizens receiving unemployment compensation shall also be eligible to receive food stamps and Medicare concurrent with their receipt of unemployment compensation

7.0 - Infrastructure Renewal & Improvement: Within 30 days after this act becomes law, States may submit specific proposals, including a list of contractors, construction
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blueprints, and costs for repairs and/or improvements to the Federal Interstate Highway system within said State. Priority shall be given to Federal Interstate Highway project within the limits of appropriations provided in this act for infrastructure renewal. All submittals under this section shall be made to the Secretary of Treasury.

7.1 - Other Public Works Projects: within 180 days after this act becomes law, and subject to the availability of unused appropriations, Cities, Towns and other public entities may submit specific proposals, including a list of contractors, construction blueprints, and costs for repairs and/or improvements to public works within said City, Town or public entity.

7.2 - Public Safety - within 30 days after this act becomes law States, Cities, Towns and other public agencies, subject to the availability of unused appropriations, may submit specific proposals including costs and numbers of police, firefighters and emergency responders that will be provided.

8.0 - Alternative Energy: It is hereby mandated that the U.S. shall become energy
independent by 2019. Energy independence means, for the purposes of this act,
that the U.S. shall import from foreign sources, no more then 15% of its energy, and/or fuels needs. In order to achieve energy independence Congress directs and authorizes
the Secretary of Treasury to receive proposals for U.S. engineered, designed and built projects, facilities and products to attain energy independence; further, the Secretary of Treasury is directed to modify and amend the Tax Code, rules and regulations
to provided for, among others that may be appropriate, to following tax credits.

8.1 - Dollar-for- Dollars federal tax credits shall be provided to each individual
and business for costs of the conversion of gasoline and diesel powered vehicles to compressed natural gas ( CNG ), hydrogen, electric power and for the instillation of machinery and equipment to provide natural gas ( CNG ), hydrogen, electric power for vehicles along the Federal Interstate Highway system, and public highways and roadways within the United States.

8.2 - Public Utilities : Regulated Public Utilities within the U.S. shall be given a 75% federal tax credit for the construction, retro-fitting, and or conversion of electric power generation facilities to solar, wind, clean coal; and the same 75% federal tax credits shall be available to any U.S. business and/or U.S. citizen that coverts to existing facilities, including but not limited to residential, farm, businesses, to use solar, wind, or alternative bio-mass fuel, for power.

9.0 - Citizen Tax Relief : U.S. citizens residing within the United States shall be immediately entitled to the following tax relief for the tax years 2008, 2009, 2010,2011, 2012:
9.1 - The Alternative Minimum Tax and rules and regulations related thereto
are hereby abolished. Further, individuals who's gross adjusted income exceeds $250,000.00 per year shall pay 20% tax on all income exceeding $250,000.00;
9.2 - Losses: Individuals and businesses commencing with tax year 2008, shall be entitled to write off up to $250,000.00 per year for losses, against income, and carry unused losses forward to tax years 2009-2012;
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9.3 - Education Tax Credits: Individual U.S. Citizens shall be entitled to take year 2008-2012 a $2000.00 per year per individual or dependent, tax credit against income for tuition paid to a U.S. accredited school, technical institution, college or university, this credit shall apply to primary, K-12, accredited schools, as well as accredited extended learning institutions.

10.0 - APPROPRIATIONS: The following appropriations of treasury funds are hereby authorized and approved to fund the provisions of this act as hereby provided.

10.1 - General Appropriation of $_____________________ as a drawing
account for the express purposes provided for in this act.

10.1.01 - Limitations:
(a) Lending to private institutions, including U.S. banks, financial services,
and corporations maximum consolidated limited to $______________;
(b) Unemployment Compensation & Medicare Coverage for unemployed
$______________;
(c) Infrastructure Renewal and Improvement................$______________;
(d) Alternative Energy ..................................................$______________;

11.0 - CONFLICTS OF INTEREST : It is hereby enacted and declared unlawful for any individual and/or person who is an official of or employed by the U.S. Government and/or any agency or sub-division, or agency sub-contractor, to have any financial or other interest, direct or indirect, of any kind and or nature whatsoever, in any company, corporation, financial institution, or entity that is granted a loan, extension of credit or guarantee of or from the U.S. Treasury, or Government.

11.1 - Violations: Violations of this section 11.0, of this Act are defined as "racketeering" subjecting any violator to the penalties and provisions set-forth at 18 U.S.C. #1957-1969 and Pub.Lw. 98-473.

12.0 - ENFORCEMENT/CONCURRENT JURISDICTION: All State Courts of General Jurisdiction as well as U.S. District Courts, shall have concurrent jurisdiction relating to the enforcement of any provision of this Act; any violation or alleged violation of this act shall be prosecuted within the United States. State Courts shall have no authority to review the validity of any part, provision or portion of this Act. The authority of Federal District and Appellate Courts to review the validity of this Act or any part, provision or portion of this Act is hereby expressly revoked pursuant to the Powers of Congress, provided by Article 1, Section 8, sub-section 9, of the U.S. Constitution.

13.0 - SAVINGS CLAUSE: The provisions of this Act are separate and severable; should any part or provision of this Act be adjudicated unconstitutional by the full 9 judge panel of the U.S. Supreme Court, then the rest and remainder shall remain in full force and effect.



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The Sad Truth About Obama's " American Recovery and Reinvestment Plan"

Many in the U.S and around the world had high hopes that there would be a turn around in the way Washington did business when the Obama administration took over on January 20, 2009.

Unfortunately, Washington machine politics has deep roots that remain and transcend the Presidency. The Obama cabinet and the Obama stimulus package, titled " American Recovery and Reinvestment Plan " are two examples of entrenched Washington politics. The 650+ page bill rammed through the U.S. House Representatives is nothing more then the consolidation of eight years of programs that went nowhere under the Bush Administration. Washington is master of resurrecting old programs, attaching flashy labels, and peddling them to the public as something they are not.

One doubts whether President Obama has, himself, read the 650+ bill the House passed on party lines. Congress, now controlled by Democrats, is no more capable in "getting it right" then when the Bush Administration was at the helm. Both the 110th Congress and the current 111th Congress are throwing massive amounts of borrowed dollars, and HOPING something sticks, to bring the U.S. out of the economic meltdown we all face. Congress hopes to accomplish a turn around without making any structural or systemic modifications to a financial system that has failed. Without modifying the Federal Reserve system in place since 1913; without instituting specific restrictions and regulations on banking, financial services, business consolidations and entering into international compacts with G8 nations and central banks to stabilize currency fluctuations and interest rates, the Obama plan will accomplish little, except to spur inflation and increase the cost of consumer goods and services.

The U.S. burdened by arcane procedures, entrenched ideologies, and politics, have doomed main-street USA to hard, very hard times for the next 4+ years. The Obama/Democratic Washington steam shovel has started to dig the hole much deeper by cranking up the printing presses and doubling the already mega-strophic national debt; soon the U.S. dollar will be at par with third world currencies.

WHAT IS GOOD FOR G.M. IS NOT GOOD FOR U.S.A.


It is difficult to let go of the past, but the " good old days ", as some would say, have been gone forever. G.M., Chrysler and Ford represent the past, and have gone the way of the " Wild West ". Public consensus has moved on, yet the U.S. Congress is bogged down with past memories of glory days in large part do to the lack of a term limits amendment and the promotion of members based on seniority as opposed to competence. Congress does not "get it"as best illustrated by the passage of the $700 billion Wall-Street Bail-Out opposed by main-street U.S.A. And where did the $700 billion get main-street, deeper in debt.

For the past two years, main-street has known the U.S. is in a recession, duh; but Congress and the Administration are still struggling to recover from a drug induced haze, and admit what has been common knowledge for well over a year. Now, these masters of the universe are jaw boning with the rich and now infamous CEO's of what once were the Big 3 ( G.M., Ford, Chrysler ) U.S. automakers about what can be done to insure the survival of these white elephants. Think of it this way, if the CEO's and really knew their stuff, they would not be before Congress asking for a now $34 billion, soon to be a $75 billion and who knows, maybe a $125 billion or more taxpayer life ring. It's a blind leading the blind scenario, that spells disaster for main-street and the U.S. taxpayer. You would think at least one of the congressional committee heads would query: Where are the CEO's of Toyota U.S.A. and Honda U.S.A. ? You don't see these guys seated at the table asking for a Taxpayer/Congressional Bail-Out.

Thank Congress for GATT and NAFTA, good U.S. jobs are hard to find. The masters of the universe in Washington sent good U.S. jobs offshore with typical lack of foresight and to insure the lavish lifestyles of corporate execs. Congress loves to talk about main-street, but shuns associating directly with main-street. As before, main-street does not want to bail-out the once Big 3 , now Detroit-3, and yet Congress is hell bent for leather, to keep feeding these dead horses. Feed the walking dead and they will cut lose over 100,000 rank-and-file workers; don' t feed G.M and Chrysler and you will lose over 100,000 rank-and-file workers; it's a zero sum for workers no matter what Congress does.

Congress does not have it's house in order, let alone trying to craft a plan for the survival of the terminally ill Detroit-3 automakers. The Detroit-3 proposals are 48 years to late; this is 2008-9, not 1960. In 1960, when it was apparent that foreign auto makers were making impressive inroads in U.S. markets, had the then still Big-3, joined the reality train and re-structured at that time, they would not have become the walking dead Detroit-3 of today.

Congress should let the chips fall where they may; stay out of the fray. The U.S. public. main-street U.S.A. have become accustomed to taking it in the shorts from big corporations and Congress; we will adapt and survive, no thanks to Congress.

A SINKING SHIP - SAGA OF THE U.S. ECONOMY

Main-street U.S.A. has long been aware that there were big troubles brewing in the economy. The how's and why's were not apparent, but rising prices, zero or minus wage gains and cut-backs in hours were signs main-street recognized as being "not good". Mediocrity was pervasive at the executive levels of corporate America, coupled with the mediocrity of Congress. The most prized positions in corporate America, those with title, disproportionate incomes, perks and outrageous bonuses, not for performance, but because of connections, had much to do about the collapse of the U.S. economy. Congress aided and abetted the collapse by its arcane rules promoting those with longevity to committee chairs regardless of competence in the subject area of the committee. The reluctance of Congress to pass a term limit amendment was and is the breeding ground where the brightest 10% of members are virtually drowned by the 90% who are incompetent. The same holds true for the captains of corporate America. Add to the mix a team captain who was not playing with a full deck, George Bush, and it's know wonder the true colors of those raping the system were not sooner exposed.

Adding insult to injury, main-street U.S.A. is still paying the price for this combined corporate and government incompetence. Businesses continue to close, unemployment accelerates, and all the while Treasury Secretary Paulson continues to loot the U.S. Treasury so corporate executive rapists can continue their glutinous ways. Those in the U.S. possessed with a modicum common sense have to be asking: why throw good money after bad ? why pay and essentially reward bad behavior and poor performance ?. That is what is being done by giving billions of taxpayer dollars to the corporations and executive management teams that got us in this mess in the first place.

Chapter 7, not Chapter 11, is where AIG, the financial firms, and others in the bail-out line should be. Why prolong and aggravate the pain for main-street by first looting the U.S. Taxpayer/Treasury ? A very few, very rich, are the only beneficiaries of Congresses myopia. The election of Obama was main-streets signal to Congress that the public wants a NEW GAME, not simply another quarterback. Corporate America, Wall-Street and Congress have to quit their addiction to "trickle-down Reaganomics ". Yet, there is no sign that Congress is willing to take the "throw cash" needle out of their arms and consider unique solutions to the problems they have had a heavy hand in creating, e.g., Public Law 106-554 Sec.1(a)(5), the Commodity Futures Modernization Act.

Congress can't seem to grasp a very simple concept: jobs, good jobs are the foundation of a sound economy. Who should be funded, bailed-out, at taxpayer expense; it's a no brainer - the middle-class, main-street taxpaying U.S. citizen. HOW, by extending fed rate ( the rate banks pay the Fed to borrow money ) funds to the major Unions and employee groups, like the UAW, for the purpose of purchasing the plants, equipment and other assets of bankrupt corporations, the likes of G.M., Chrysler and/or Ford. Employee owned corporations are not that novel of an idea. The loss of jobs, only temporary, and can be adequately covered by extending unemployment benefits. The U.S. taxpayer is paying, and should be getting some direct benefits. Congress, and it appears, soon to be President Obama, may be sticking their heads in the sand, by continuing to beat the existing bail-out/stimulus horse to death. Main-street deserves more from the "Master's of the Universe".

If the sinking ship has any chance of being saved, it will be by taking a completely different approach: Congress promoting and funding Union and Employee owned corporations formed to purchase the assets of Chapter 7, corporations; and cutting off all bail-out funding to the likes of AIG and others lining up for Treasury Bail-Out funds. Corporations that require taxpayer bail-out funding to exist should be allowed to fail, that is why there is Chapter 7, of the U.S. Bankruptcy laws.

U.S.A. - a Ntion in Peril

The political and economic hurdles facing the U.S. are intertwined. The U.S. is a "class" society as indicated by the recent "financial" crisis created in and by the U.S. ultra rich "Wall-Street" class. The U.S. Congress passed "bail-out" legislation over the objection of the majority of main-street citizens, benefiting "Wall-Street" to the tune of over $700 billion U.S. dollars, slapping democracy in the face and merely paying lip-service to the struggling and diminishing U.S. middle-class. "Wall-Street" greed has infected world economies, resulting in a world economic crisis calculated to diminish the U.S. middle-class, and emerging middle-classes world wide .

In the U.S. the class struggle will take center stage during the upcoming U.S. Presidential election; stripped of rhetoric U.S. Republicans represent "Wall-Street" and the Democratic party represents middle-class "main-street". An anomaly in the U.S. Constitution [ adopted in 1789 ] precludes the President of the U.S. being selected by popular vote of the people. This anomaly coupled with a corrupted U.S. judicial system skews the election of the U.S. President in favor of "Wall-Street" Republicans, by eliminating over 49.9% of the popular vote and highlighting the fact that the U.S. was not created or structured as a "democracy". Regardless of who becomes the U.S. President, 2009-2012, the electoral anomaly will continue to cripple the U.S. in asserting the principles of democracy at home and abroad.

People v. Congress - Democracy is Dead

The decision is in, the people did not want the Wall-Street Bail-out, they voiced their opinions; Congress did not listen. Democracy, even the semblance of democracy is dead. Wall-Street, and the 400 ultra Rich Americans have prevailed, the U.S. Treasury has been looted, and the U.S. is fast on the way to a two class system : 99.95% poor .05% rich. King and Princes then serfs; no middle-class. 6 months from now, the printing presses will crank-up, the value of the dollar will drop, inflation will sky-rocket, and the only people in the U.S. with smiles on there faces will be those with their 8th mansion in the Hamptons.

OPEN LETTER TO U.S. CONGRESS GONE INSANE

RE: Bail-Out/ Congressional Disconnect from Main-Street

Dear Senators and Congressmen:

It appears that the focus of Congressional attention has been on Wall-Street and the financial woes created by Ben Bernanke, Henry Paulson ( in his prior capacity as CEO of Goldman Sachs ) and Wall-Street associates, regarding liquidity within the financial community. Congress has disconnected from the happenings and realities of Main-Street. You are making a serious mistake delegating your Constitutional authority under Article I , Section 8, sub-sections 1-6, to the Secretary of Treasury, and marginalizing Congress in the process.

Before you jump to shore-up Wall-Street to the tune of $700billion to well over a Trillion taxpayer dollars, you might wish to take a look of what is happening on main-street. THERE IS A RUN ON THE BANKING SYSTEM HAPPENING AS I SPEAK. THIS WILL ONLY ACCELERATE WITHIN THE NEXT SIX ( 6 ) MONTHS, exceeding the capacity of the F.D.I.C. to cover insured accounts, and requiring Congress to provide additional $$$billions so that main-street, will not be left out-in-the-street, regarding their personal accounts.

In addition, there will be mounting strains on the Pension Benefit Guaranty Corporation( PBGC ) as plants shut-down, corporations file for bankruptcy and premiums paid to PBGC dry up. Although not yet a direct obligation of the U.S. Government/ Treasury, when 400,000 + ex-employees now potentially covered, are told that there are not sufficient funds available to pay the fund guaranty of $4,312.50 per month ( $51,750.00 per year ) there will be major social unrest, and Congress will need to come-up with additional $$$billions. The public will not tolerate, being left-out and left-behind when you bail-out the Wall-Street millionaires, who, the minute they get Treasury Bail-Out $$$billions, will have that money transferred off-shore in an instant. Congress needs to take a break, go back home, go out on the street and open your eyes to see what is really going on in the main-street financial world; people are lining up at banks and withdrawing their money. You underestimate the public’s understanding of the circumstance. The average citizen has lost confidence in the system, and does not trust Congress.

Bailing-Out Wall-Street will not have the affect you are predicting. When bail-out money is transferred off-shore, it will provide no liquidity to the domestic U.S. economy. If you think there is a credit crunch now, wait until you bail-out Wall-Street, you will see U.S. unemployment climb past 15% as foreign banks and investors recover their losses from U.S. Treasury Bail-Out funds, and major U.S. financial institutions and investors transfer Bail-Out funds offshore, leaving Main-Street U.S.A. out-in-the-cold.

The draft 106 page bill, is 106 pages of loopholes, so that no person can be held accountable for the greatest looting of a public treasury in world history. There is a vast difference and a distinction between Regulation and oversight; Treasury, the SEC, HUD have always had oversight/look the other way, what has been lacking is Regulation. This proposed draft is an insult to Main-Street.

Congresses haste and myopia in failing to look down the road is likely to cause the collapse of the entire system. It would be prudent for Congress to with hold-off looting the Treasury for the benefit of a few on Wall-Street, until you have a firm handle on F.D.I.C. and PBGC obligations coming within the next 6 months.

Bail-Out/ WHAT THE U.S. CONGRESS SHOUD BE CONSIDERING

SHORT TITLE - CITIZENS ECONOMIC STABILITY ACT OF 2008

1.0-PREAMBLE: The Constitution of the United State of America provides that citizens and voters of the United States shall govern and rule by an through duly elected representatives. Article I, Section 8, Subsections 1- 6, and subsection 18, vest Congress with the power and duty to control the money, credit and commerce of the United States, this power was intentionally with-held from the Executive Branch and President of the United States. The Executive Branch and President have exceed their Constitutional authority, resulting in a severe economic crisis confronting the United States with the potential of adversely affecting the citizenry of this nation; Congress therefore, is hereby reasserting it's Constitutional mandates and control over the money, credit and commerce of the United States.

2.0-PURPOSE: Congress and the citizenry of the United States have been presented with an unprecedented financial crisis, affecting the value of the dollar, the stability of domestic and world markets, with potentially adverse impact on the public, health, safety and welfare of the United States and its citizenry. These circumstances require Congress to re-structure institutions operating within the United State and/or affecting the citizenry of the United States; accordingly, any and all laws that are inconsistent with the purpose and/or provisions of the Act, are, by this declaration, hereby expressly revoked and all appointments related to any inconsistent law are hereby terminated.

3.0-FINANCIAL RE-STRUCTURING:

3.1- Federal Reserve: the Federal Reserve Act, as codified in 12 U.S.C. ch.3, et.seq. is hereby amended, as follows: The Federal Reserve Board shall consist of 4 members, composed of the Chair and Ranking member of the Senate Banking Committee, and the Chair and Rankling member of the House Financial Services Committee. The position of Chairman of the Federal Reserve is hereby abolished. Any and all actions of the Federal Reserve shall require a vote of not less then 3 members of the Federal Reserve Board as established hereby.
3.1.1- All participating banks , financial institutions or affiliates in the Federal Reserve system shall keep and maintain 20% of all deposits, on deposit with the Federal Reserve Bank in the form of U.S. Treasury bills and/or notes;
a) No participating bank, financial institution or affiliate shall charge more the 12% simple interest for any loan, credit extension or credit swap;
b) The bank rate for participating banks, financial institutions or affiliates shall be within a range of plus or minus 0.5% of the rate charges by the European Central Bank ( ECB );
c) Companies and corporations having manufacturing facilities within the U.S. that directly employ 8,000 or more factory workers who are U.S. citizens in the U.S., including but not limited to: General Motors, Ford, Chrysler, John Deere, Caterpillar , shall be allowed to participate in the Federal Reserve, and borrow from the Federal Reserve, for U.S. domestic factory operations at the same rate, Fed. Rate, available to commercial banks.

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3.2 - Stock & Commodities Markets: It shall be unlawful to trade, barter, sell, pledge or hypothecate stock or stock certificates in or within the United States, or in any company, corporation, entity, or person doing business in or with the United States, that are held for a period of less than 13 months; FURTHER, it shall be unlawful for any company, corporation, entity, or person doing business in or with the United States that is not the end user to trade, barter, sell, assign, or pledge commodities or commodities contracts.
3.2.1- Violations: The RICO ACT, 18 U.S.C. #1951-1968 is amended to include Section 3.2 hereof as a definition of racketeering subjecting any violator, to the penalties provisions of 18 U.S.C. and/or all property and assets, obtained or suspected to be obtained by or related to any violation of section 3.2 of this act shall be fully subject to the Civil Forfeiture Provisions of the Comprehensive Crime Control Act of 1982, Pub.L. 98-473, as amended. Further, the standard of proof shall be based on the preponderance of evidence and court decisions, laws or provisions to the contrary are hereby declared null and void and of no force effect whatsoever.

3.3 - Existing APR and Sub-Prime Mortgages: It shall be unlawful for any bank, company, entity or person, for a period of 2 years from the date of this Act, to charge or collect any interest on such indebtedness that exceeds the original rate charged to the home borrower; further, the maximum interest that may be lawfully charged on such home, provided the original debtor actually uses and occupies the home as his or her sole residence, shall be limited to 6% simple interest, and the overall term of the loan shall be limited to 20 years; the full amount of which home loan shall become due and payable on the sale, transfer, rental, lease, or vacating of the home as the sole residence of the original debtor.
3.3.1 - Federal Usury : It is hereby unlawful for any institution, bank, credit card company or affiliates, person or entity to charge more then 12% simple interest for any loan or extension of credit to any person in the U.S., and/or to impose fees that exceed the 12% limitation. Violations of this sub-section are defined as "racketeering"subjecting any violator to the penalties and provisions set-forth herein at sub-section 3.2.1.

4.0 - EXTENSION OF MONEY AND/OR CREDIT OF THE UNITED STATES OR U.S. TREASURY: NO MONEY OR CREDIT OF THE UNITED STATES OR U.S. TREASURY SHALL BE EXTENDED TO ANY BANK, FINANCIAL INSTITUTION, COMPANY, ENTITY OR PERSON EXCEPT AS FOLLOWS:
4.1- Security Required: No loan, money or credit of the United States shall be extended to any bank, financial institution, company, entity or person except on the basis of a dollar-for-dollar security for the same in the form tangible personal or real property located within the United States having a real mark to market value, minus 15%, equal to the base amount of the loan, money or credits extended by the U.S. Treasury. The cost of any such loan, money or extension of credit of the United States, shall include the cost of administration of the Federal Loan Compliance Trust (FLCT), which shall herein be established as an arm of Congress for the purposes of this Act.

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The FLCT shall be chaired by the House and Senate Majority and Minority leaders ,who based on a majority vote, shall have the power and authority the hire and retain competent independent counsel to administer the FLCT, to make rules and regulations necessary to insure that the United States is fully and promptly repaid, including but not limited to the seizure of assets and security for any loan, money or credit extended, by the United States; and to prosecute violations or infractions of this Act or any terms or provisions of any loan or extension of credit hereunder.
4.1.1 - Other Terms of Loan, Money or Extension of Credit: The maximum period of any loan, money or extension of credit of the United States shall be limited to an cumulative total of no more then 5 calendar years. Any and all banks, financial institutions, companies, entities or persons qualifying for and extended any loan , money or credit of the United States, shall file tax annual tax returns and render accounting on calendar year ( January 1 to December 31 ) basis. Accrual accounting or reporting shall be unlawful and is hereby defined as " racketeering " subject to the provisions and penalties and civil forfeiture as provided by 18 U.S.C. et. seq.; Further, any and all loans, money or extension of credits of the United States extended to any qualified bank, financial institutions company, entity or person, shall bear interest at
6% per annum, and such interest shall be paid to the U.S. Treasury on a monthly basis during the period of the loan. Any default on the monthly payment of interest to the US. Treasury, or default on the repayment of the principle shall result in the automatic forfeiture, by confession of judgment, off all security for the loan or extension of credit.
a) During the period of any loan or extension of credit of the U.S., Board Members of any borrower shall serve without pay, compensation or per diem, and the highest executive salary paid shall not exceed the U.S. Government Service, GS 15 amount. Violation of this sub-section is hereby declared and defined as " racketeering " subject to the provisions and penalties and civil forfeiture as provided by 18 U.S.C. et. seq.;
4.1.2 - Qualified Security: Qualified security for any loan, money or credit of the United States extended to any bank, financial institution, company, entity or person, shall be all tangible, physical assets, personal and/or real property located or situated in the United States in which any CEO, CFO, President, Executive Vice President, and all Board of Directors members serving any bank, financial institution, company, entity or person seeking a loan, money or credit from the United States, between the years 2002-2008, has any interest in; and, the stock, warrants, options, bonds, real and personal property of said banks, financial institutions, companies, entities or persons. When socks and/or warrants are pledged and encumbered as a qualified security, the FLTC shall prepare and hold properly executed subordinated convertible debentures for voting and ownership rights to and in said stock, warrants, options or bonds.

5.0 -Secretary of Treasury - limited authority: Congress retains full authority over all matters involving loans, money, debt and/or credit of the or the extensions thereof, of the United States. The Executive Branch, President and Secretary of Treasury may facilitate in the surrender and pledge of qualified security, as provided and defined in and by this ACT; and, from time to time the Secretary of Treasury may render advice on matters related to this act and the stability of the U.S. economy, as requested by Congress and/or the FLTC.

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5.1 - F.D.I.C. $250,000.00 per account: Existing laws providing qualified banks and institutions with F.D.I.C. insurance coverage are hereby amended, and coverage is increased to $250,000.00 per individual, per account, per bank or institution, and increased to $500,000.00 on retirement and/or IRA accounts. The Secretary of Treasury is hereby directed to extend all funds to the F.D.I.C. that may become necessary to cover individual accounts as herein provided; and, further, the Secretary of Treasury and the F.D.I.C. are hereby directed to modify, amend or enact rules and regulations necessary to implement account coverage increases consistent with this Act.

6.0 - CONFLICTS OF INTEREST : It is hereby enacted and declared unlawful for any individual and/or person who is an official of or employed by the U.S. Government and/or any agency or sub-division thereof to have any financial or other interest, of any kind and or nature whatsoever, in any company, corporation, financial institution, or entity that is granted a loan and/or extension of credit from the U.S. Treasury.
6.1 - Violations: Violations of this section 6.0, of this Act are defined as "racketeering" subjecting any violator to the penalties and provisions set-forth herein at sub-section 3.2.1. of this Act.


7.0 - ENFORCEMENT/CONCURRENT JURISDICTION: All State Courts of General Jurisdiction as well as U.S. District Courts, shall have concurrent jurisdiction relating to the enforcement of any provision of this Act; any violation or alleged violation of this act shall be prosecuted within the United States. The authority of Federal District and Appellate Courts to review the validity of this Act, is hereby expressly revoked pursuant to the Powers of Congress, provided by Article 1, Section 8, sub-section 9, of the U.S. Constitution.

8.0 - SAVINGS CLAUSE: The provisions of this Act are separate and severable; should any part or provision of this Act be adjudicated unconstitutional by a full 9 judge panel of the U.S. Supreme Court, the rest and remainder shall remain in full force and effect.


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THE U.S. CONGRESS HAS VOTED ITSELF IRRELEVANT

Times were much different in 1789 when the Constitution of the United States
was ratified. A fledgling new nation born of independent thought, created a system of government relevant to that time. One where 95% of the power was held by Congress, as representative of the citizenry of the then newly created 13 States. Now 300 plus years later the wheels are falling off the 1789 Constitution, a Constitution not designed to address the issues, problems and speed of the 21st Century world.

Instead of directly addressing the need for a new Constitution crafted to reflect modernity and the governance of a nation of 50 States and over 300 million people, Congress has allowed circumstance to dictate changes in the structure of governance of the United States. The transition has been slow, subtle, unguided, and painful to the populace. The abdication of Congress began with the delegation of it's authority, and, as more and more authority was delegated to Executive agencies, Congresses relevance has accordingly depreciated.

Two threshold events within the past 8 years have signaled the death of Congress as provided in the Constitution of 1789. First was the delegation of authority to declare War ( 1789 Constitution, Article I, Sec. 7(11) ) to President Bush, based on the claim of President Bush of the existence of WMD's in Iraq, and, within the past 24 or so hours the "Grave Financial " threat and "crisis" on Wall-Street presented by the Bush Administration, and the hurry-up huddle of Congress to delegate Article I, Sec.7 (2)(5)authority to the Secretary of the Treasury. Congresses own action over time have rendered it irrelevant tot he function of the U.S. government.

In 1995 a rational approach to this transition in the structure of the U.S. government was sent to every member of the U.S. Congress as well as the then President Clinton: "New Atlantis-The Re-Engineering of America" an outline of a modern Constitution, where the Executive Branch ( President) proposed laws, subject to the modification or veto by Congress. In substance, what is happening today as Congress is contemplating and likely to sign off on the Bush Administration plan to bail-out Wall-Street, Foreign Banks and investors, at U.S. taxpayer expense. New Atlantis outlined a structured process for Congressional approval, as opposed to the free-fall and free-form rush to judgment that is currently taking place where Congress is presented with a "crisis" by the Bush Administration demanding immediate action, e.g., WMDs'/Iraq and now the financial "crisis" and bail-out mania.