Saturday, January 30, 2010

VERNACULAR

Vernacular

Conventional wisdom has it that your brain calcifies as you get older and you become ever more resistant to change as time continues to ramble onward to places unknown. In addition, advancing age dictates that you only learn new things under duress. Huh? The only old people I know that fits the above descriptions are people who had a closed mind throughout their life in the first place. I think most of us still enjoy learning new things and certainly relish the excitement of an adventure. Of course, it may well be that the only thing still agile enough to execute the adventure is the mind, but it works for me. I’m sure it works for you too. Right? Well I’m open to new things, but I must tell you that I draw the line when “they” feel the necessity of creating new words to describe what is happening in the new and improved, modern America. For example, when the authorities arrested the latest airline terrorist, now identified in the vernacular as the “crotch bomber”, they asked him a few questions and then “mirandarized” him. For the uninitiated, in 1966 the US Supreme court created a new right out of thin air when they decreed that US citizens had an enforceable constitutional right, under the Fifth Amendment, to be informed of their constitutional “right” to remain silent during any civil or criminal proceeding, including when being arrested for criminal activity. This new right is now called your Miranda Rights. The Miranda Right was created by case law involving Ernesto Miranda v. Arizona after the Supreme Court ruled that a citizen had to be informed that he had a right to be silent during any civil or criminal legal process. The Fifth Amendment sentence that is the basis for this right is, “nor shall be compelled in any criminal case to be a witness against himself.” The Fifth Amendment is part of the Bill of Rights, and this particular right was promulgated in order to protect citizens from being forced to be a witness against oneself by using testimony that was obtained by torture or coercion. What I’m resistant to here is the use of the word, “mirandarized.” I object to this bastardized word because whenever you create a new word, and it comes into general usage, it automatically acquires authenticity regardless how you feel about case law creating a new “Constitutional” right without the Constitution being amended. As a side note, you can readily see that when the Government put the 9/11 Mastermind, Khalid Sheikh Mohammed, into the civil court system, he became a de facto US citizen with Constitutional rights. These de facto rights make it illegal to present evidence that was obtained as a result of using coercion or torture. Bear in mind that water boarding has now been legally defined as torture, and as a result, the terrorist could walk from the court a free man. But wait, there’s more. After they “mirandarized” the crotch bomber, and informed him he had a right to be silent, he was also informed that he had a right to be represented and was provided with Government paid for lawyers. These lawyers, who are paid for by you and me, told the crotch bomber to shut up forthwith. (I wish that God would point his finger at lawyers and cause them all to become sterile.) The crotch bomber has now been “lawyeredup.” I think I’m going to throw up because I’m too old to understand these new and improved, modern bastardized words.

Monday, January 18, 2010

Executive Summary

Executive Summary

I would be willing to wager your cut of the stimulus package that you, and most Americans nowadays, have been brushing up on their Constitution and related founding documents. I know I have been re-reading the stuff we were forced to read in high school Government class because I feel the need to understand how our Country rose to so much greatness in the first place. So by re-reading the founding documents, perhaps I can better understand what the founding fathers had in mind when they birthed our Country, and by so doing, then maybe I can better understand what is happening to our Country today as our greatness is going by the way of fat Sam. One thing for sure, now that I have lived many good years on this beautiful blue planet, when I re-read the Federalist Papers, Declaration of Independence and Constitution, I have done so with a much better understanding and appreciation as an run-down adult than I was ever able to do as a fearless hormone enriched teenager. One of the more important things that struck me while going back over these founding documents, as a run-down adult and veteran of endless corporate presentations, was that, in truth, the Federalist Papers is the real Constitution while the signed Constitution is only the Executive Summary of the real Constitution. This stunning realization is a real revelation because an Executive Summary, as we all know, condenses enormous amount of information, justification, rational and reasoning into the fewest possible words so that the entirety of the subject can be more easily understood without all of the minutia getting in the way of the salient ideas. This revelation can go a long way in understanding why well-meaning people squabble over loose construction or strict construction (living document versus verbatim construal) when interpreting the meaning of the signed Constitution in today’s modern world. I say this because if you rely on the Executive Summary (signed Constitution) to understand the entirety of the Constitution, then the real meaning of the words become subject to interpretation because of a lack of reliance about the rational and real intent of the authors. Apparently the learned members of the Supreme Court either don’t understand the significance of the Federalist Papers or they choose to just ignore the real constitution (Federalist Papers) as irrelevant because the papers are rarely used as a foundation for court rulings. As a matter of fact, most of the references about the Federalist Papers by the Court over the years have been to treat them as historical, but non-relevant documents, suitable for academic study and little else. I believe this to be a monumental mistake. This country has been blessed many times over by the wisdom of the founders, and to ignore that wisdom is not only unwise, it is arrogant as well. Never before in the history of civilization have a people been privy to the reasoning and honest rational that is the basis of their Government and to ignore or not use that knowledge (the Federalist Papers) as a basis for legal adjudication seems to me to be a gross violation of the oath to support and defend the Constitution. For example, Jefferson, Madison, Hamilton and others were well educated and were all students of the history of Governments as well as being knowledgeable with all of the Governmental philosophers, including the philosopher, Marcus Cicero. It was Cicero who advanced the idea in 44BC that man is a creature of nature (God, evolution, or whatever you feel comfortable with) and therefore the nature of man is bound to us all by this reality. Therefore if one were to construct an enduring, just and enlightened Government, that Government would have to accommodate the nature of Man. This fundamental idea is the basis of the Constitution that the Federalist Papers has described over and over with countless references to God and nature having endowed man with certain unalienable rights that must remain sacrosanct if Government is to just and endure. For modern rational thought about how man came to his natural state I recommend “The mind of the Market” by Michael Shermer and my own book, “The Grace of Being”. The Grace of Being tried to give a rational (not a divine or holy imperative) as to how man may have come to be and why his nature is as it is. By the way, both of these books support the American form of Government that accommodates the nature of man for rational, not divine, reasons. Therefore, understanding the constant references to God (substitute Nature, Evolution, spontaneous genesis or whatever you feel comfortable with, for God here) as the endower of unalienable rights goes a long way to interpreting the Constitution as it was intended to be and as the Federalist Papers so clearly delineates. Knowing that the true basis of the U.S. Constitution accommodates the nature of man also makes it understandable why Socialism can never be an enduring or just kind of Government. Socialism always seeks to change the nature of man rather than accommodate man’s nature as it is. This is why all forms of Socialism rely on force to try and change the nature of man to accommodate the lofty ideas of Socialistic Government and so is always doomed to eventual failure. This also makes it understandable why those who seek power always support a Socialistic type of Government because they can hide behind Government in their use of force to obtain the power they seek.

Thursday, January 7, 2010

PERFECT STORM

Perfect Storm

Good morning, good afternoon, good evening Mr. and Mrs. America and all the ships at sea. The tireless and intrepid researchers, investigators, deep thinkers, loafers and slackers of Bangingthedrum, uh, that would be me, hasten to sound the alarm of impending misfortune that is about to befall the hard working citizens of the US of A. If you are one of the few, the brave, that have read the previous offerings of Bangingthedrum, you will recall that I warned that an ill wind was gathering strength and would soon blow in from the insatiable Federal Government bent on socializing the land of the free and the home of the brave. The ominous wind this old sailor was sensing could well threaten the safety of the ship of state because as the wind gains strength, the result will be a angry sea of disenfranchised citizens that could well founder our good ship. The ill wind of which I speak, heralds the impending call for a National Sales tax either in the form of a VAT or a consumption tax taken at the cash register, or both. I believe that a perfect storm is about to coalesce around the issue of unsustainable federal debt brought about by the deliberate actions of the Federal Government itself. Yes that’s correct, all of the misfortune that is befalling the hapless citizens of this great Country today was planned in advance and is continuing in a disingenuous program of socialization that will finally be realized when the Federal Government completely centralizes all power in Washington. The perfect storm that will allow this to happen will be the unsustainable federal debt, illegal immigration, heath-care for all, saving the planet from global warming, and the failing economy. This Government contrived perfect storm will enable the final Washington power grab because only the Federal Government can quell the storm by giving all of the power necessary to do so to the federal government. Recall that I have tried on many occasions to say that Taxes Are Power, and you can’t make happen what you want to happen without the power of taxes, and because 70% of our economy is now consumption, a national consumption tax is the last remaining tax of any meaningful size that can be levied to fix the perfect storm. Here is what I predict will be used as justification for this new tax. Recently it was announced that 47% of the citizens were paying no Federal Income tax at all. This situation will be denounced as unfair to the hard-working citizens of this country because all citizens must share the burden to be fair and so a National Sales tax, that will tax all, will correct this abominable situation and fairly spread the burden. Never mind that it was the Federal Government that, by design, caused 47% to pay no taxes in the first place. Brothers and Sisters, are you beginning to see the light? But wait, there’s more! The national sales tax will also equally tax illegal aliens along with legal citizens, and so it naturally follows that if illegal aliens are working, paying taxes, raising families, then there should be a path to legal citizenship because it the fair and humane thing to do. Do you see how wonderful a contrived perfect storm can be? I leave it to your imagination to connect the remaining perfect storm issues to the national sales tax solution. However, I will say that I support a National Sales tax because it is much fairer than the special interest monstrosity the current individual income withholding tax has become. I must hasten to add, that I support the National Sales Tax only on the condition that the Federal Income Withholding Tax law must be repealed and if a VAT is instituted that corporate tax be abolished. Of course, that will never happen. What will happen is that they will decrease the withholding tax rates and corporate rates to make it seem fair when they propose the National Sales Tax and VAT, but they will keep all taxes for eventual increases as they see fit. I fear that this National Sales Tax might well be the final injustice served up by the Intelligentsia supporting a usurping Federal Government and the result could well be that the citizens will finally rise up as one to right the ship by descending on Washington and finally throwing the rascals out.
There is a far easier way to correct the situation, that is, if the states were not spineless vassals of the Federal Government. The states could call a convention of the states and declare that they (the states) were no longer going to obey the Federal Government because the Federal Government has completely usurped the freedom of the people and ignored the requirements of the Constitution. This can be done because it was the states that granted limited power, under the Constitution, to the Federal Government and not a Federal Government that granted power to the states. In other words, the Federal Government exists at the pleasure and convenience of the several States, and because the Federal Government has broken the Constitutional contract, the states reserve the right to revoke the Federal Government privilege.

Monday, January 4, 2010

P.T. Barnum and Adam Smith

P.T. Barnum and Adam Smith

Conventional wisdom, it can be said without reservation, is almost always wrong and misleading. Now, before you take me to task about the above statement, make certain that you do not confuse Conventional Wisdom with Common Sense because Common Sense is the truthful knowledge obtained by the wisdom of experience and shared by people in general, e.g., stick your finger into a flame and you will get burned. Conversely, conventional wisdom is usually conjured up and promoted by experts in order to shape the way people think. For example, advertising scholar James B. Twitchell tells us that Listerine did not make mouthwash as much as it made halitosis, i.e., bad breath as a problem was not conventional wisdom until Listerine created conventional wisdom by advertising that halitosis (bad breath) was a social faux pas that could be overcome by using Listerine mouthwash. By creating the now conventional wisdom that breath that smells bad is a surefire way to ensure loneliness, the Listerine Company increased its yearly revenues from $115K to more than $8 million in just seven years. There are endless examples of conventional wisdom that has been proven false, like: The Earth is flat, Doctors told us that smoking was not really dangerous as he took your BP with a smoldering Camel dangling from the corner of his mouth, Stomach ulcers are caused by stress (caused mostly by a bacterial infection), margarine is healthier than butter, Lobotomies are the best way to treat mental illness, etc. A current conventional wisdom being promoted by a variety of experts in Government and elsewhere is that global climate warming is bad and is being caused by human activity. The point being, conventional wisdom can be created to promote a desired viewpoint, and is done so in order to prevent the truth of the matter from being disclosed by rational discourse and factual discovery. And this leads us to Phineas Taylor Barnum (P.T. Barnum) and Adam Smith (author of “The Wealth of Nations”). Conventional wisdom has it that P.T. Barnum was a flamboyant rascal who Flimflammed and cheated people out of their hard earned money. Nothing could be further from the actual truth. P.T. was a sought after business lecturer, author and entrepreneur who’s book, “The Art of Money Getting” is must reading for anyone wanting to be successful in business. The Editor of the New York Independent wrote, “Mr. Barnum’s whole career has been a very transparent one. He has never befooled the public to its injury, and, though his name has come to be looked upon as a synonym for humbuggery, there never was a public man who was less of one.” Conventional wisdom has it that Adam Smith’s seminal work, “The Wealth of Nations”, is a charming but old-fashioned work concerning economics but hopelessly out of touch with modern times and thinking. Well for once, convention wisdom has it correct. The Wealth of Nations work is out of touch with modern times where centralized Government control of the economy replaces free marketplace control of the economy and Governmental Socialistic control is the modern thinking replacing free and independent people making uncontrolled economic and social decisions. P.T. Barnum’s book, “The Art of Getting Money” and his life is the “how to” guide to implement Adam Smith’s ideas in The Wealth of Nations. Adam Smith was a Scottish Moral Philosopher and his influential work, The Wealth of Nations (published in 1776), has made him the father of modern economics. Much evidence exists that the Wealth of Nations was being read by, and was influencing, most of the framers of the Declaration of Independence and the US Constitution. Indeed, the miracle of economic and personal freedom that the United States has brought to the world can be traced directly to the principals outlined in The Wealth of Nations. All of this brings me to the salient idea I want to make, conventional wisdom aside. Even though “The Wealth of Nations” and the United States Constitution were conceived and written well over 200 years ago, they will never be out of date. They will never be out of date and require constant interpretation because The Wealth of Nations and the US Constitution both codify the desire for peace, freedom and personal prosperity and these things will never be out of date. And finally, both the Constitution and The Wealth of Nations were conceived and written to fit the requirements of human nature. Therein lies the most basic difference between a free marketplace and free enterprise enabled by democracy and the Neo-Socialism being resurrected today from the trash-heap of historically bad ideas. Democracy and free enterprise don’t seek to change the nature of man, only fit the best governing and economic system to his nature. Socialism, on the other hand, seeks to change the nature of man to fit the idealistic notions of well meaning people and in order to do so always requires force and coercion. I can think of no better example of the socialistic need for force and coercion than that of the over 2,000 pages of requirements contained within the Socialistic Universal Healthcare law now before the congress.