Showing posts with label current events. Show all posts
Showing posts with label current events. Show all posts

19 October 2023

A ‘Civil’ War

My fellow Americans, we are at war.
No, I’m not talking about the ‘War on Drugs’ or the ‘War on Terrorism.’ I’m not talking about another ‘Cold War’ or a war using all the latest technological horrors our ingenuity can devise. What I’m talking about is something far more insidious that is potentially more destructive to our society than all the car bombs in the Middle East. I’m talking about a war on Civility.
As the Baby Boom Generation's Beat Culture slid into the Hippie Culture and the Age of Aquarius, America’s youth began to openly shrug off the cultural trappings of their parents and grandparents. They dismissed the formalities of interaction used by the previous generations as “hollow”, “meaningless”, and even “dishonest”. They believed that ‘finishing school’ etiquette helped prop up a class system that was designed to make the rich richer and keep the poor under heel. Therefore, they embraced a rebellious culture of brutally frank honesty with no regard for the effects of their words.
To this day, many of the self-proclaimed ‘intelligentsia’ wrap themselves in a cloak made from the words of the First Amendment and practice this crassly insensitive form of communication. In daily conversation, they use language so scurrilous it would blister the ears of a merchant marine, no matter the setting or the age of casual bystanders. In many businesses, not only is it acceptable to use language that would have gotten you fired as recently as the 1980s, but often individuals who try to maintain a polite and respectful vocabulary are either viewed as ‘soft’, or are assumed to be mocking the listener. Often, if someone tries to express discomfort with the abusive language used by someone around them, the person using the vulgarities starts screaming “censorship” and that the person complaining is trying to deprive them of their Right to Free Speech.
It gets even worse if a discussion or debate is underway. When the members of this literati caste find themselves hearing views opposing their own, they often launch immediately into a verbal personal attack on that speaker, especially when said speaker has disproved the literati's position. In most cases, they will either attack with outrageous accusations and offensive name-calling, or they simply spew forth a stream of invectives as loud as they can in an attempt to ‘shout down’ the opposition. Often, they use both tactics together. In any case, at no time do these ‘enlightened’ members of the ‘tolerant’ ranks afford the speaker with the courtesy of allowing her or him to present their case, then rebutting it logically with facts and observations.
When their beliefs are questioned, the intelligentsia usually follows up by 'gaslighting' the speaker, loudly and publicly accusing them of doing what they themselves were doing all along. They play an intellectually dishonest game of political brinkmanship in an attempt to gain as much sympathy from the general public as they can, while demonizing the person who had the audacity to disagree with them.
When these bastions of the social conscience try to hide behind their Unalienable Right to Free Speech, they fail to acknowledge the flip side of that coin. For every Right granted by the Creator and enumerated in the Constitution and its Amendments, there are implied Responsibilities and Consequences. The most commonly used example of a limitation to the Free Speech clause in the First Amendment is that one can’t stand up in a crowded theater and shout, “Fire!” if there is no fire. That isn’t exactly true. We actually do have the Right to do so, but we also have the Responsibility to consider the Consequences of our actions and not casually do something that may cause injury to others. If we choose to ignore that responsibility, then we must accept the consequences of our actions, which in this case could mean a fine, jail time, or even civil penalties sought by those injured by the irresponsible act. Basically, it comes down to an old adage I like to use: “Just because you can do something doesn’t mean you should do it.”
When the late George Carlin came out with his routine, “Seven Words You Can Never Say on Television,” he created an iconic comedy performance…as well as the basis for the Supreme Court ruling that established that the FCC did have the authority to prohibit the broadcast of ‘indecent’ material over the public airwaves during the hours when children were likely to be in the audience. However, his views of profanity totally dismissed the value of what I like to call, “Civilization Lubrication.” As Robert Heinlein once wrote,

“Moving parts in rubbing contact require lubrication to avoid excessive wear. Honorifics and formal politeness provide lubrication where people rub together. Often the very young, the untraveled, the naïve, the unsophisticated deplore these formalities as ‘empty,’ ‘meaningless,’ or ‘dishonest,’ and scorn the use of them. No matter how ‘pure’ their motives, they thereby throw sand into machinery that does not work too well at best.” (1)

Of course, considering that Carlin also once stated in one of his routines,

“I have absolutely no sympathy for human beings whatsoever. None. And no matter what kind of problem humans are facing, whether it’s natural or man-made, I always hope it gets worse.” (2)

it’s very possible he was intentionally ‘throwing sand into the machinery.’ This has been going on for several decades, but there are two very good examples of this rampant incivility that occurred in 2009.

The first example happened on Wednesday, 20 May 2009. Political pundit and commentator Glenn Beck was invited to appear on a segment of the daytime television chat show, The View. On his radio program on Tuesday, Mr. Beck related a personal anecdote of a chance encounter with two of The View’s stars that happened on an Amtrak train about two weeks earlier under unusual circumstances. When Mr. Beck appeared on the show, he was suffering from a stomach flu and was trying to remain polite and respectful since he was in, as he put it, ‘their house.’ As soon as the segment began, the two individuals he encountered on the train attacked him…obsessing for over seven minutes about who addressed who first on the train. They demanded explanations and apologies for some imagined sleight, then refused to let him reply. They both called him a ‘liar’ multiple times with one of them going so far as to refer to him as, “…a lying sack of dog mess.” The other went so far as to upbraid him for failing to check his facts before reporting a story, even though he had simply been relating a personal anecdote as he remembered it and not reporting a news story, and he has stated numerous times over the years that he is a commentator, not a reporter. All through this baseless attack, Mr. Beck reacted with civility and dignity, refusing to lower himself to the level of his attackers.
The second example happened on Thursday, 21 May 2009. President Barack Obama delivered an address at the National Archives defending his recent decisions on national security. The speaker who immediately followed The President was former Vice-President Dick Cheney who delivered an address that supported the national security policies implemented by the Bush Administration, and criticizing the Obama Administration's reduction of the security measures implemented by his predecessor. Unfortunately, instead of using this as a wonderful opportunity to open up a discussion on the merits of both speeches, a user of the online social network, Facebook, decided to create a page in support of, “Telling Dick Cheney to shut the hell up.” In other words, those Oh So Tolerant individuals who scream ‘censorship’ every time someone asks them to stop using profanity around children have decided that the former Vice-President of the United States no longer has a Right to Free Speech just because he disagrees with the current President.
In fact, my previous post in this blog contains another perfect example of this behavior. In it, I shared an article by respected historian, Victor Davis Hanson, that illustrates just how the the Progressive apologists for the terrorist organization, Hamas, are using these tactics to blame Israel for the atrocities Hamas perpetrated upon them and to convince the public that Israel is the villain, not Hamas. They are going out of their way to project Hamas' inhuman behavior onto Israel and accuse them of doing to Arabs and Muslims what Hamas has in fact been doing to Jews since their inception. Simply stated, the truth doesn't support their political narrative so they have to destroy it.
So, what makes this incivility “potentially more destructive to our society than all the car bombs in the Middle East” you ask? It’s this: the incivility into which American culture has been plunged is a wedge that has divided the country into ‘Us’ and ‘Them,’ ‘Left’ and ‘Right,’ ‘Red States’ and ‘Blue States,’ ‘Originalists’ and ‘Progressives.’ As long as feelings and opinions are regarded as legitimate rebuttle to hard facts and figures; as long as any voices are silenced and prevented from presenting their arguments reasonably, logically, and courteously; we will never be able to span the chasm between us and reunite as One Nation. If we do not heal this divide, the United States will be finished. As the old adage says, "United we stand, Divided we fall."
It is time to heal this country, not separate it further. Put down the donkey and elephant banners; put away your copy of, “Snappy Comebacks to Stupid Questions”; take a deep breath and let the person across from you finish his or her thought before you reply…and occasionally pause to let that other person either ask questions or rebut your points. The important thing is to stop the shouting and name-calling and begin to dialogue with one another. There is nothing wrong with being passionate about your beliefs, just keep in mind that the person on the other side of the argument also has the right to be passionate about their beliefs. Remember that there is a difference between being passionate and being emotional, so leave emotions out of the discussion. Also remember that one can be passionate and still present a logical argument supported by facts. And finally, before you come to the table, triple check your facts to make certain you are not basing your arguments on hearsay, innuendo, opinion, or urban myth. I’m always open to other points of view, but you’d better be able to support your position with cold, hard facts or I reserve the right to point out your errors!
Now, go out there and discuss, debate, and decide. Keep an open mind and end the War on Civility. Just stop all the bickering, gaslighting, name-calling, and shouting!


Until next time, be well, Dear Ones!



(1) Time Enough for Love by Robert A. Heinlein © 1973 Robert A. Heinlein

(2) Life Is Worth Losing by George Carlin © 2005 George Carlin



© 2009, 2023 James P. Rice

28 March 2019

The Electoral College, Part 3


Welcome back! Let’s dive right in…

The Electoral College Today

The first thing we have to get straight right now is WE DO NOT LIVE IN A DEMOCRACY!! WE LIVE IN A CONSTITUTIONAL REPUBLIC!!

The Constitution, as a whole, was designed to protect the Rights of the minority from the tyranny of the majority. It is a document designed to specifically limit the scope of government while protecting the Natural Rights of the individual. James Madison wrote, "Those who framed and ratified the Constitution believed that as power was less likely to be abused by majorities in representative Govts. than in democracies, where the people assembled in mass, and less likely in the larger than in the smaller communities, under a representative Govt. inferred also, that by dividing the powers of Govt. and thereby, enlarging the practicable sphere of Govt. unjust majorities, would be formed with still more difficulty, and be therefore the less to be dreaded."(8)

One of the most important parts of the distinction between a Republican form of government and a Democracy is that one of the purposes of the Electoral College is to prevent "an interested and overbearing majority" (2) and the "mischiefs of faction" (2) in our electoral system. A faction was defined as "a number of citizens whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community." (2) What was then called republican government, as opposed to direct democracy, combined with the principles of federalism (with distribution of voter rights and separation of government powers) would countervail against factions. Basically, the Founders viewed direct democracy as one step above mob rule, that it would lead to either the tyranny of the majority or an oligarchy.

Regrettably, adopting the Winner-Take-All method of selecting Electors didn’t countervail against factions. In fact, it had the opposite effect of encouraging the rise of political factions and making the Electors nothing more than mouthpieces for the two dominant political parties. The Electoral College was supposed to prevent the population centers of the biggest cities from making the voices of the less-populated areas of the country inconsequential. It was supposed to make certain each State had an equal voice. Except for four elections, it hasn’t made a difference.(9)

Now, as mentioned in Part 1, the voices clamoring for the elimination have become more vocal since the 2016 Presidential Election. During the 91st Congress, a Constitutional Amendment was proposed to do just that. From 1969 to 1971, Representative Emmanuel Celler (D-New York), chairman of the House Judiciary Committee, and Senator Birch Bayh (D-Indiana) worked to replace the Electoral College with a ‘plurality system’ based on the National Popular Vote. In this system, the pair of candidates who had received the highest number of votes would win the presidency and vice presidency, provided they won at least 40% of the national popular vote. The word "pair" was defined as "two persons who shall have consented to the joining of their names as candidates for the offices of President and Vice President." (10) The proposition passed the House of Representatives and was passed on to the Senate. On September 8, 1970, the Senate began debating the measure. It was quickly filibustered by a coalition of 3 Democrat and 3 Republican Senators. On September 29, 1970, after two failed attempts at cloture, the Senate Majority Leader, Mike Mansfield (D-Montana) moved to lay the proposal aside so that the Senate could attend to other business. The proposal was never considered again and died when the 91st Congress ended on January 3, 1971. One other attempt was made on March 22, 1977, when President Jimmy Carter wrote a letter to Congress suggesting a number of reforms. In it, he wrote, “My fourth recommendation is that the Congress adopt a Constitutional amendment to provide for direct popular election of the President.”(11) Carter’s proposal didn’t go anywhere.

In 2008, National Popular Vote, Inc. began efforts to pass the National Popular Vote Interstate Compact, an agreement among States that they would each pledge their Electoral Votes to whichever Presidential Candidate won the national popular vote. This is an attempt to bypass Congress and the Constitutional Amendment process to enact a national popular vote for the office of the President. As of March 2019, twelve states and the District of Columbia have signed the pact, totaling 181 Electoral Votes. The Pact will go into effect when enough States totaling 270 Electoral Votes have passed and signed it.(12) Some Constitutional scholars believe that Article I, Section 10, Clause 3 of the Constitution requires Congressional consent before such a compact could be enforced. Attempts to implement the Pact without Congressional approval could be met with court challenges on a Constitutional basis.(13)

When the 116th Congress convened on January 3, 2019, Representative Steve Cohen (D-Tennessee) introduced a joint resolution proposing a Constitutional Amendment eliminating the Electoral College and replacing it with the popular vote for President and Vice President. While the Bayh-Celler Amendment proposed during the 91st Congress required that the winning candidate acquire 40% of the popular vote, the Cohen Resolution only requires a candidate to have the “greatest number of votes” to be elected. As of March 2019, no action has been taken on the resolution.

In both High School and College, I was taught that the Electoral College was created because of the distances involved between the States and the difficulties of long-distance communication. I accepted that my instructors knew what they were talking about. However, years later, I started hearing things that contradicted that view, so I began to do my own research. After spending years researching and weighing the subject, and weighing both sides of the discussion, I came to the conclusion that the educational system had failed me on this subject, that the Electoral College had been perverted from it’s original intent, and that a Constitutional Amendment was necessary, not to eliminate the Electoral College, but to reform it and put in place the district-based system the Founders originally had in mind.

I hope this three-part article has given you food for thought. Until next time, be good to each other!



Resources:

(1) Alexander Hamilton in Federalist #68

(2) James Madison in Federalist #10

(3) "Resolves of the General Court of the Commonwealth of Massachusetts: Passed at Their Session, which Commenced on Wednesday, the Thirty First of May, and Ended on the Seventeenth of June, One Thousand Eight Hundred and Twenty. Published Agreeably to Resolve of 16th January, 1812. Boston, Russell & Gardner, for B. Russell, 1820" – via Google Books

(4) "How the Electoral College Became Winner-Take-All" - Devin McCarthy, PhD PolySci, Duke University

(5) Chief Justice Robert Jackson, Ray v. Blair, dissent, 1952

(6) "Founders Online: James Madison to George Hay, 23 August 1823". Archived from the original on May 25, 2017.

(7) “Draft of a Resolution for the Legislature of New York for the Amendment of the Constitution of the United States, [29 January 1802],” Founders Online, National Archives, version of January 18, 2019"

(8) “James Madison to Unknown, re majority governments, December 1834,” Founders Online, National Archives, version of January 18, 2019

(9) 1876, 1888, 2000, and 2016

(10) "Text of Proposed Amendment on Voting". The New York Times. April 30, 1969

(11) “Jimmy Carter Letter to Congress, Jimmy Carter, March 22, 1977”

(12) www.nationalpopularvote.com

(13) Electoral College Reform Congressional Research Service - Thomas H. Neale, November 23, 2014

The Electoral College, Part 2


Let’s jump right back into the Electoral College…

Unfortunately, some States decided that the favorite Presidential candidate among the people in their State would have a much better chance if all of the Electors selected by their state were sure to vote the same way...a "general ticket" of electors pledged to a party candidate. (4) Thus, the Electors chosen by the state were no longer free agents, independent thinkers, or deliberative representatives. They became "voluntary party lackeys and intellectual non-entities." (5) Once one state took that strategy, the others felt compelled to follow suit in order to compete for the strongest influence on the election. (4)

When two of the most important architects of the Electoral College, James Madison and Alexander Hamilton, saw the “general ticket” method of selecting Electors being implemented by some States, they protested strongly. Madison and Hamilton both made it clear that this approach violated the spirit of the Constitution. According to Hamilton, the selection of the President should be "made by men most capable of analyzing the qualities adapted to the station." (1) Hamilton also maintained that the electors were to analyze the list of potential presidents and select the best one. He also used the term "deliberate". Hamilton considered a pre-pledged Elector to violate the spirit of Article II of the Constitution insofar as such electors could make no "analysis" or "deliberate" concerning the candidates. Madison agreed completely, stating that when the Constitution was written, all of its authors assumed individual Electors would be elected in their districts and it was inconceivable a "general ticket" of Electors dictated by a State would ever replace the concept. In fact, in a letter to George Hay, Madison wrote, "The district mode was mostly, if not exclusively in view when the Constitution was framed and adopted; & was [later] exchanged for the general ticket." (6) This became known as the 'Winner-Take-All' method. The Founders assumed when they wrote Article II, Section 1, that Electors would be elected by the voters of their district and that Elector was to be free to analyze and deliberate regarding who is best suited to be President. Madison and Hamilton were so upset by what they viewed as a complete distortion of the original intent that they advocated a Constitutional Amendment to prevent anything other than the district plan: "the election of Presidential Electors by districts, is an amendment very proper to be brought forward," Madison told George Hay in 1823. (6) Hamilton went further and actually drafted an Amendment to the Constitution mandating the district plan for selecting Electors. (7)

Starting in 1789, the States used a combination of the district-based plan, the Winner-Take-All plan, and direct appointment by the State Legislatures to select their Electors. Since 1836, statewide Winner-Take-All popular voting for Electors has been the nearly universal practice. As of 2016, Maine (since 1972) and Nebraska (since 1996) use the district-based plan, with two at-large Electors assigned to support the winner of the statewide popular vote.

*WHEW!* That's a lot of background! And this was just a 'short' summary...the 'broad strokes' if you will. So, then, this brings us up to the present. Next time, we’ll address the current condition of the Electoral College.



Resources:

(1) Alexander Hamilton in Federalist #68

(2) James Madison in Federalist #10

(3) "Resolves of the General Court of the Commonwealth of Massachusetts: Passed at Their Session, which Commenced on Wednesday, the Thirty First of May, and Ended on the Seventeenth of June, One Thousand Eight Hundred and Twenty. Published Agreeably to Resolve of 16th January, 1812. Boston, Russell & Gardner, for B. Russell, 1820" – via Google Books

(4) "How the Electoral College Became Winner-Take-All" - Devin McCarthy, PhD PolySci, Duke University

(5) Chief Justice Robert Jackson, Ray v. Blair, dissent, 1952

(6) "Founders Online: James Madison to George Hay, 23 August 1823". Archived from the original on May 25, 2017.

(7) “Draft of a Resolution for the Legislature of New York for the Amendment of the Constitution of the United States, [29 January 1802],” Founders Online, National Archives, version of January 18, 2019"

(8) “James Madison to Unknown, re majority governments, December 1834,” Founders Online, National Archives, version of January 18, 2019

(9) 1876, 1888, 2000, and 2016

(10) "Text of Proposed Amendment on Voting". The New York Times. April 30, 1969

(11) “Jimmy Carter Letter to Congress, Jimmy Carter, March 22, 1977”

27 March 2019

I'm Baaaack! - This Time, The Electoral College!


Good day, friends and family!

Well, it's been three years and a bit over a month since my last post. Unfortunately, things got away from me, but I'm back now. I'll get back to Simply Me soon, but today, I want to address something that is in the news cycle right now: the Electoral College.

Since the founding of our Republic, we have heard rumblings from one political group or another about eliminating the Electoral College. Their reasons have been everything from, "the Electoral College propped up slavery," to, "the Electoral College diminishes the power of the individual vote in more populous states." Since the 2016 Presidential election, those voices have become more wide-spread, especially in the last few weeks as politicians have begun to declare their candidacy for the 2020 election. This is why I felt it is time to have a discussion about the Electoral College. I'll try to keep it as short as possible, but it IS going to be a long one, so please bear with me.

BACKGROUND

The Electoral College is established in Article II, Section 1 of the Constitution of the United States. It states, "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector." As you can see, from the start, it was intended that the States would individually decide how the Electors were chosen. The Founders made several assumptions when they established the Electoral College, chief among these that individual Electors would be elected by the voters on a district-by-district basis, allowing for the widest electorate allowed in each State; and that each individual would, "exercise independent judgment when voting, deliberating with the most complete information available in a system that over time, tended to bring about a good administration of the laws passed by Congress." (1) It was also believed that this would enable the choice of the President to reflect the “sense of the people” at a particular time, not the dictates of organized factions, a cabal in a “pre-established body” such as Congress or the State legislatures, and independent of the influence of “foreign powers”. (1) The Founders also believed that "a small number of persons, selected by their fellow-citizens from the general mass, will be most likely to possess the information and discernment requisite to such complicated [tasks]," (1) as well as preventing someone with a talent for "low intrigue, and the little arts of popularity" (1) attaining office in spite of having no other qualifications.

Unfortunately, this didn't last long. Starting with the election of 1796, two political parties had emerged: the Federalist Party, backing John Adams, and the Democratic-Republican Party, backing Thomas Jefferson. Then, the original Electoral plan of having the runner up in the Presidential election being selected to be Vice President fell apart in the 1800 election when Thomas Jefferson and Aaron Burr tied in Electoral votes. This required the election of the President and Vice President to be decided by the House of Representatives. The Federalist Party was upset at being shut out of the Presidency this election, so they decided to try to embarrass Jefferson by electing Burr. The House was deadlocked for 35 ballots. On the 36th, Jefferson won when Alexander Hamilton, the leader of the Federalist Party, voted for Jefferson because he hated Burr's personal character more than he hated Jefferson's policies. This led to the proposal, passing, and ratification of the XIIth Amendment, which required separate ballots for President and Vice President, just in time for the 1804 election.

Over the years, the States tried different methods of selecting Electors. The Founders assumed this would take place by district, and that plan was carried out in many states until the 1880s. For example, in Massachusetts in 1820, the rule stated, "the people shall vote by ballot, on which shall be designated who is voted for as an Elector for the district." (3) In other words, the people voted for their local Elector on their ballot, whom they trusted later to cast a responsible vote for President, and not for the Presidential candidate himself.

That’s all for now. Come back tomorrow for Part 2.



Resources:

(1) Alexander Hamilton in Federalist #68

(2) James Madison in Federalist #10

(3) "Resolves of the General Court of the Commonwealth of Massachusetts: Passed at Their Session, which Commenced on Wednesday, the Thirty First of May, and Ended on the Seventeenth of June, One Thousand Eight Hundred and Twenty. Published Agreeably to Resolve of 16th January, 1812. Boston, Russell & Gardner, for B. Russell, 1820" – via Google Books

(4) "How the Electoral College Became Winner-Take-All" - Devin McCarthy, PhD PolySci, Duke University

(5) Chief Justice Robert Jackson, Ray v. Blair, dissent, 1952

(6) "Founders Online: James Madison to George Hay, 23 August 1823". Archived from the original on May 25, 2017.

(7) “Draft of a Resolution for the Legislature of New York for the Amendment of the Constitution of the United States, [29 January 1802],” Founders Online, National Archives, version of January 18, 2019"

(8) “James Madison to Unknown, re majority governments, December 1834,” Founders Online, National Archives, version of January 18, 2019

(9) 1876, 1888, 2000, and 2016

(10) "Text of Proposed Amendment on Voting". The New York Times. April 30, 1969

(11) “Jimmy Carter Letter to Congress, Jimmy Carter, March 22, 1977”
version of January 18, 2019

05 March 2014

Healthcare in America: The Fix, pt. 6

Good day, family and friends!

Today, we're going to look at that evil competition thing.  I use the word "evil" because that's how the progressive socialists view competition, and that is how competition is being taught to our children in many public schools these days.  Okay, maybe they don't call it "evil," but they do constantly disparage competition through both word and example.  But I will go into that in more detail in a future post.  Right now, I want to focus on how competition can make our current healthcare system better.

The first way would be to restore what our Founders believed to be one of the most fundamental aspects of the USA: that our Republic is a union of (currently 50) individual states, not a nation-state divided into administrative regions.  The Xth Amendment to the Constitution states, "The powers not delegated to the United States by the Constitution, nor prohibited to it by the States, are reserved to the States respectively, or to the people."  In simple terms, it says that, if the Constitution doesn't specifically say the Federal Government has jurisdiction over something, then the citizens of each State can make their own decisions about how to handle a particular subject.  In other words, the States were to be allowed to have their own community standards, their own 'flavor,' as long as what they did did not violate the Constitution.  The Liberty of American citizens allowed them to 'vote with their feet' on the environments of the individual States; i.e. they were free to up and move themselves and their businesses out of States with oppressive or untenable environments and go to States that have a more favorable environment without having to apply for permission or visas.  The only requirement was that they were expected to follow the local laws of their new home.

Over the last 40 years, however, there have been incremental steps toward marginalizing the Xth Amendment and homogenizing the States until they are indistinguishable, one from the other.  As our country has been slowly marched toward an all-powerful central national government, the States have been forced into a 'one size fits all' mentality in many issues.  Every time one of our 'political heroes' calls for us to 'level the playing field' or 'lower the bar' to correct some perceived inequity, it ends up as a lowering of standards and an attempt to bring everyone down to the lowest common denominator.

You are probably asking, "What does this Civics lesson have to do with Healthcare?"  Well, over the last 75 - 80 years, the professional political class that has arisen in our Republic has stifled competition in both healthcare coverage and delivery in pretty much every State.  Lobbyists have managed to get laws passed in each State that favors only a handful of the hundreds of insurance companies. (Look back at my analysis of the Affordability of Healthcare.)  And remember what the State of New York did to Dr. Muney when he tried to offer his patients a low-cost subscription service?  What We the People need to do is make it clear to our representatives in government that we are tired of them pandering to special interest groups and that they need to start representing the People and upholding the Constitution.  What this means to Healthcare is an end to special-interest set-asides and corporate welfare that stifles competition.  The extent of government interference in any commerce venture should be limited to these questions:

  1. "Do any of the tenets of the contract or business agreement put public safety or health in jeopardy?"
  2. "Do the contractual obligations defined in the contract or business agreement violate the Constitution or any Laws?"
  3. "Have any of the parties in this contract violated the terms of the contract?"
Beyond that, the various levels of government have no business interfering in what is essentially a matter of Commerce; i.e. the relationship between a citizen, their insurance company, and the healthcare providers.  If this were the environment in which the healthcare industry were allowed to reside, it would thrive and we would probably see healthcare costs drop by at least 17%, possibly as much as 27%.  Getting rid of special-interest set-asides would permit competition amongst all of the medical insurance providers in every State.

When this sort of open competition is in place, the Citizens would once again be able to "vote with their feet" and the State with the best, most cost-effective offerings would be the winner.

Next time, more on Competition.



Until then, best regards...



© James P. Rice 2011, 2014

30 April 2011

Intermezzo: Sorting My Ducks

Good day, family and friends!

I know, it's been a month and a half since my last post. My general plan is to post at least twice a month, but as John Lennon said, "life's what happens while you're making plans." For those of you who have been following my (lengthy) series on Healthcare in America, I do intend to finish off my suggestions and post the bibliography. I also have articles on racism, Islam, journalism, and progressivism planned. For right now, however, I just need to do a basic brain dump in an attempt to get my ducks in a row.

Something that has been preying on my mind for awhile is the degeneration of the most basic social skills. "What social skills are those?" you may be asking yourself. Simple: basic common courtesy and consideration for those around you.

Every day, I am confronted with numerous examples of overly common behavior in today's society that would never have been tolerated when I was a child 40 years ago. Here are a few:

  • Past: a gentleman or lady would never have been caught cursing in public (though that social convention was usually overlooked for men in extreme situations). Foul language was used regularly only by the coarsest, most low-class individuals who lived on the fringes of society.

    Present: a prominent celebrity with pretensions to the White House uses the infamous "F-bomb" three times during a motivational speech to a Women's group. It's bad enough he was being foul-mouthed in public, but doing so in front of an all-female audience would, in the past, have gotten him excoriated at the very least.




  • Past: people caring for their yards would gather up and bag their grass, hedge, and tree clippings. Not doing so would have most likely resulted in that person being censured by his neighbors, possibly even fined for littering in certain municipalities.

    Present: anyone with a leaf blower feels they have the right to blow any and all detritus out of their yard and into the public street where it is left subject to the whims of wind, rain, and traffic. They have the attitude that "its only an eyesore if its in my yard!"




  • Past: people doing business with each other addressed each other politely and used formal honorifics such as "Sir" and "Ma'am."

    Present: formalities such as these are all too often denounced by younger adults (under 40) as "empty," "meaningless," or "dishonest." People using these honorifics are often accused of being condescending. (I actually had a customer yell at me over the phone once because I kept addressing her as "Ma'am" instead of by her first name. I finally said to her, "I am sorry if my using "Ma'am" has offended you, but you are speaking to an office in Texas. I was born and raised in this region and addressing a customer as "Sir" or "Ma'am" is drilled into us as simple common courtesy from the moment we begin speaking. I am sorry if you were raised in an area where manners were not taught and I will try to use your first name, but please keep in mind that you are asking me to overcome 45 years of conditioning in the space of 30 seconds." She didn't say anything the next time I slipped in that conversation and addressed her as "Ma'am.")




  • There are many, many more I could share...particularly pertaining to traffic. I believe I summarized this degradation of basic etiquette best when I once quipped, "when the demagogues tried to create a classless society, all they managed to create was a society with no class." Don't get me wrong, even though I portray and am descended from German Nobility, I am very happy to live in a society that has no formal class structure. Sure, there will always be an underlying "Good-ol'-boy" cronyism network of some sort, but for the most part, America's social classes are based on merit. Through the application of hard work, perseverance, and more than a little brain power, Americans born into the lowest strata of our society can and do attain the highest heights, and vice-versa. When a "Good-ol'-boy" barrier is encountered, it will usually crumble in the light of exposure to the public.

    American author Robert Heinlein once referred to niceties and formal honorifics as "Civilization Lubrication." I believe he was right, but I extend his definition beyond the language. The way we behave with those whom we encounter every day can be another form of "Civilization Lubrication." Human society is the ultimate machine made up of myriad rubbing parts. When you throw the sands of rudeness, inconsideration, and selfishness into the machine, friction will increase and create unnecessary heat and abrasion. On the other hand, if you choose to lubricate the machine of our society with kindness, politesse, and courtesy, then you reduce the friction and allow the machine to work at peak efficiency.

    Maybe its time for those who decry the "tone of debate" with foul language, those who revel in performers who use language that would flay the paint off a battleship, those who believe that it doesn't matter where garbage lands as long as it is not on their property to try a little lubricant instead of sand.

    Or, as radio talk show host Sean Rima is fond of saying, "Be good to each other and don't be a jerk!"

    Next time: back to my Healthcare summary.

    Until then, best regards...



    © James P. Rice 2011

    12 March 2011

    Healthcare in America: The Fix, pt. 5

    Good day, family and friends!

    Let's plow right ahead...

    Once again, depending on whose data you choose to use, Insurance Fraud perpetrated by both patients and physicians account for between 3% and 10% of the cost of healthcare every year. This has resulted in insurance companies creating "Benefits Coverage Panels" made up of non-medical personnel making medical decisions which, in turn, often result in patients being denied treatment based solely on cost and "likelihood of fraud" statistical models and not on the medical data.

    I propose two different options for putting medical decisions back into the hands of those most concerned with the results of the decision...the patient and the patient's physician:

    1) While I do believe that private insurance companies do have the right and the fiduciary duty to take every legal, ethical, and moral action they can to minimize costs and protect their bottom line, I do not believe that accountants and lawyers are qualified to make decisions as to whether or not a medical procedure is necessary. Therefore, I suggest that medical professionals from all specialties, as part of their professional licensing, be required to serve a minimal amount of time every year on a regional independent board that reviews case histories for the insurance companies and determine whether or not a procedure is medically necessary and should be covered. This would allow medical decisions to be made by qualified medical professionals. It would also allow for insurance companies to reduce their costs by not maintaining the permanent staffing necessary for the "Benefits Coverage Panels", even allowing for the contribution to a central funding pool that would be used to compensate the medical professionals for their time.

    2) Periodic review of cases denied by the insurance companies to make certain there is a legitimate medical reason for denying the coverage, as long as the patient met all the other requirements for coverage in their policy. These reviews could be handled by the same regional boards proposed in Option 1.

    These independent regional review boards would serve to reduce fraud on both sides of the fence. By not having a vested interest in the case, they can objectively look at each case and determine: whether or not it is a legitimate medical procedure, based on the patient's medical history and current medical status; whether or not the physician prescribing the procedure is merely feeding a hypochondriac's condition to fatten their bank account; whether or not the doctor and patient are working together to out and out defraud the insurance company; or even whether or not the insurance company is attempting to defraud the patient by selling them a policy, then issuing 'rubber stamp' denials in order to avoid paying out on claims. The boards will also reduce the operational costs of the insurance companies...part of which the companies would most likely pass on to their consumers in a competitive market, reducing the cost of healthcare coverage for consumers.

    Next time: Competition...it does a body good!

    Until then, best regards...



    © James P. Rice 2011

    23 January 2011

    Healthcare in America: The Fix, pt. 4

    Good day, family and friends!

    As I mentioned last May, "identifying a problem without offering solutions is just bellyaching." So, with that in mind, let me begin to lay out my suggestions for addressing the issues facing the best healthcare system in the history of mankind...

    The first place we have to start is with Tort Reform. As previously noted, out of control litigation in this country accounts for between 19% and 27% (depending on which study you choose to believe) of healthcare costs every year. Getting the ambulance-chasing shyster weasels and the morally-deficit shiftless scammers under control will knock off a fifth of the cost of providing healthcare and healthcare coverage to physicians, clinics, hospitals, and insurance companies.

    The first step to this end is to restore Personal Responsibility to the basic tenets of our legal system:

  • Allow judges and juries to consider "reasonable expectations" when deliberating on the merits and evidence of a case. (id est: if one orders hot coffee and it arrives steaming, there is a reasonable expectation that spilling it on one's self may result in one's flesh being scalded);


  • If an attorney or law firm accepts a case that is tenuous at best, and brings it before the courts, and that case is deemed by the presiding judge to be without merit and is dismissed, and that there was no intent to defraud on the part of the plaintiff, then the attorney or law firm (and not the plaintiff) will be required to reimburse the defendants all legal expenses, including lost wages and travel expenses, that they incurred;


  • If an attorney or law firm knowingly accepts a case that is bogus or outright fraudulent and brings it before the courts, then the attorney or law firm will be subject to the same criminal penalties as the plaitiffs, and, along with the plaintiff, will be required to reimburse the defendants all legal expenses, including lost wages and travel expenses, that they incurred;


  • I believe that human life is sacred and priceless and that a dollar amount cannot be attached to it. I also believe that the tragic loss of a family member should never be viewed as a bonanza by their survivors. Having stated this, however, I do believe that families should be reimbursed for the loss of a loved one due to negligence or criminal activity. To this end I believe that an equitable way to determine this reimbursement should be as follows:

    If the victim is under 68 years of age (10 years shy of the average life span of a citizen of the United States): The age of the victim subtracted from 68 times the average annual total compensation (including value of benefits) someone of the same age/career/educational level in the same federal congressional district can expect to make before retirement times 133% plus any rescue/medical expenses incurred by the family as a result of the event that led to their loved one's death plus legal costs.

    Or, as a formula: [(68-A)x1.33W]+MEDX+LEGX = Compensation

    (for example: A 42 year old man with a Bachelor's degree who has been working as a Customer Service manager in the computer industry in federal Congressional District Texas-31 dies through the negligence or outright incompetence of a surgeon. To determine the compensation his family should receive, the formula would be: [(68-42)x($46,280x1.33)]+MEDX+LEGX or $1,600,362.40 plus any medical/rescue and legal expenses the family incurred from this tragedy.)

    If the victim is 68 years of age or older (10 years shy of the average life span of a citizen of the United States): The average annual total compensation/retirement income for someone of the same age/career/educational level in the same federal congressional district times 3 plus any rescue/medical expenses incurred by the family as a result of the event that led to their loved one's death plus legal costs.

    Or, as a formula: 3W+MEDX+LEGX = Compensation

    (for example: A 72 year old retired Mechanical Engineer who, thanks to diligently saving money and contributing to a retirement fund, has an annual retirement income of $75,000, dies through the negligence or outright incompetence of a surgeon. To determine the compensation his family should receive, the formula would be: 3x$75,000+MEDX+LEGX or $225,000 plus any medical/rescue and legal expenses the family incurred from this tragedy.)

    It may seem as if these formulas place a greater value on the younger person than on the older. Quite the contrary; these formulas are designed to be completely neutral and not attempt to establish any sort of relative value on the lives of these two individuals. Instead, the formulas are merely designed to compensate the survivors for potential loss of family income due to the negligence or incompetence of the surgeons in question. The survivors of the younger victim would have lost 20 - 25 years of his contributions to the family income while the survivors of the older victim would still have the retirement savings he (or she) had established and worked to create, so they would not be facing a financial crisis as a result of the tragedy.


  • Next time, keeping bureaucrats out of medical decisions.

    Until then, best regards...



    © James P. Rice 2011

    17 January 2011

    Healthcare in America: The Fix, pt. 3

    Good day, family and friends!

    Let's get right to it...

    Amendment XIV, Section 1 of the Constitution states, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State in which they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

    In the simplest terms, this means that, if you are born in the US, or have gone through the naturalization process and are no longer subject to a foreign government, then no one can make any sort of law or regulation requiring you to pay a fee, purchase a commodity, or take any sort of test to maintain your citizenship status or to exercise your rights as a citizen. The only exception to this is in cases where a person has been convicted of a crime and either fine or imprisonment has been imposed as their punishment, or if they have had a civil penalty rendered against them.

    Basically, this clause states that it is unconstitutional to require law-abiding citizens who have neither been accused of a crime, nor received a judgment against them in a civil proceeding, to purchase health insurance in order to maintain their status as a law-abiding citizen.

    I know, I know. I can hear some of you out there decrying, "but what about auto insurance?!? The government dictates that we must have auto insurance in order to legally drive a car. Isn't this the same thing??"

    No, it isn't. This argument is nothing but a spurious attempt to compare apples to eggplant. Here is the difference: the Right to Life is one of the unalienable Rights bestowed upon humanity by The Creator (also known as one of Nature's Laws); while driving an automobile is a privilege granted by society. The Constitution was created and designed to protect those unalienable Rights that are an inherent part of our humanity by limiting the ability of government to encroach upon and violate them. Forcing citizens to pay in any form in order to exercise one of our unalienable Rights is in direct conflict with this protection.

    On the other hand, automobile insurance was created in order to help citizens more readily comply with the regulation that, before they operate any motorized vehicle on a public thoroughfare, they prove that they can and will be financially able to pay for any damage to another person, vehicle, or other property if they are found to be the cause of an accident. But it is also a misunderstanding that the government forces drivers to purchase auto insurance. Citizens actually have the options of either establishing an escrow account with the minimum balance dictated by law (I believe that, at this time in Texas, it is $100,000), or they can simply not operate a motorized vehicle.

    See? Not the same thing.

    Okay, I went a bit long this time. Next time, I really will start laying out my suggestions for repairing and improving the best healthcare system in the world.

    Until then, best regards...



    © James P. Rice 2011

    16 January 2011

    Healthcare in America: The Fix, pt. 2

    Good day, family and friends!

    Well, now! It seems Real Life reared its ugly head. This is my first post since 30 July 2010. For those of you new to my blog, I started this series of articles in August 2009. If you want to bring yourselves up to speed, I suggest you start with my first post on Healthcare in America located at http://smellthetruth.blogspot.com/2009/08/healthcare-in-america-just-how-sick-is.html.

    Now, let's continue the discussion...

    Amendment X of the Constitution states, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In other words, if the Constitution does not specifically say the Federal Government can do something, then it is automatically prohibited from doing it. Not only that, but anything the Constitution does not specifically permit the Federal Government to do is the jurisdiction of the individual States, or the individual citizens themselves and can't even be touched by the Federal Government. Once again, the Founders were brilliant when they created the Constitution. They knew that it was inevitable that like-minded individuals would try to band together, gain control of the nation, and impose their personal opinions and philosophies on this country. To prevent this from happening, they created a series of checks and balances in an attempt to make certain the United States was under the Rule of Law and not the Rule of Man.

    "What does this have with Public Law No. 111-148," you ask? A better question to ask is this: Where in the Constitution does it grant the Federal Government the power to...

    1) ...take over (not just impose and enforce safety regulations that span all the States) an entire industry and its corollary industries?

    2) ...dictate that private, law-abiding citizens must purchase a commodity in order to remain a citizen in good standing?

    3) ...confiscate legally-gained income from one group of citizens and redistribute it to and supplement the lifestyles of a different group of citizens who have chosen to be less productive and focus more on personal gratification?

    4) ...establish that the worth of one citizen is greater than another based on the citizen's age and ability to contribute to society?


    The answer to those questions is, "No where." The Constitution does not grant any of those powers or abilities to the federal government. There are some who have tried to stretch and twist the sentence in Article I, Section 8 that grants Congress the power "to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes"...what is commonly referred to as the "Interstate Commerce Clause"...to apply to these four areas. Only the most twisted, creative mis-interpretation of a clause written to be straight forward and self-explanatory can be used to justify such unconstitutional actions.

    Next time, I finish up with the violation of Amendment XIV and start laying out my own suggestions to fix Healthcare in America.

    Until then, best regards...



    © James P. Rice 2011

    30 July 2010

    Healthcare in America: The Fix, pt. 1

    Good day, family and friends!

    This time, I am going to begin looking at the cure for the issues facing healthcare in our nation. As I have stipulated all along, while we may have the best healthcare system in the world, it does have some serious problems that need to be addressed. Because of this assertion of mine, I've been asked by numerous people (including one of my daughters), "if you acknowledge that the current system is broken, why do you oppose the Healthcare Reform Act that Congress passed this spring to fix it?" The short answer is this; because it's unconstitutional.

    Public Law No. 111-148, formerly known as H.R.3590 - The Patient Protection and Affordable Care Act, signed into Law by President Barack Obama on 23 March 2010, violates the Article I, Section 8; Amendment IX; Amendment X; and Amendment XIV. Further, this Law dictates that, for the first time in the history of our great Republic, ordinary law-abiding citizens automatically become criminals unless they purchase a government-sanctioned commodity.

    In Article I, Section 8 of the Constitution of the United States of America, it is clearly stated that, "...all Duties, Imposts, and Excises shall be uniform throughout the United States." In Part I: Subpart I: Section 2701, entitled "Fair health insurance premiums", the Law establishes variable premiums based on age and annual income. This is in addition to Subtitle E: Subpart B: Sections 1411 - 1415, which provides special tax credits and 'cost-sharing' for citizens below the government-defined 'wealth' threshold. In other words, if you choose to work hard to earn a good education, apply yourself to your career and become successful, this Law forces you to not only pay more for your healthcare coverage, but you will be subsidizing the lifestyle choices of pot-smoking, minimum-wage slackers (like the characters of Dante and Randall from the "Clerks" movies) who have chosen to never apply themselves and perpetually exist on the fringe of society.

    Amendment IX of the Constitution states, "The enumeration in the Constitution of certain Rights shall not be construed to deny or disparage others retained by the people." In other words, the Constitution and the Bill of Rights highlight select Natural Rights, but by no means lists them all. One of the Natural Rights the authors of the Constitution believed we posses by virtue of our very Humanity is the Right of Property. In other words, I, and only I, am entitled to the fruits of my labors and I am the final authority on how best to enjoy those fruits, as long as it does not infringe on the Rights of another. The Founders believed that only a despot would attempt to confiscate the property of one law-abiding citizen and deliver it to another all in the name of some nebulous 'greater good.' They intentionally crafted the Constitution as they did in an attempt to prevent the sort of draconian actions by the Federal government we've seen for nearly two decades. Whether you call it "Leveling the Playing Field" or "Social Justice", the redistribution of wealth prevalent throughout Public Law No. 111-148 is a clear violation of the Right of each and every American citizen to legally strive, legally succeed, and enjoy the legal results of that legal success.

    Next time, we look at where this new Healthcare Reform Act runs afoul of Amendments X and XIV



    Until next time, best regards...



    © James P. Rice 2010

    20 June 2010

    Another Open Letter to the Motion Picture Industry

    Good day, family and friends!

    Just about one year ago, I posted in this blog an open letter to the motion picture industry...particularly to the corporate boardrooms in Hollywood and New York City that control the 'mainstream' production companies. In that letter, I posed the question, "where has all the creativity gone?" Well, it's been a year. In the original letter, I noted seventeen movie remakes or 'revisionings' over the 13-year period spanning 1996 - 2009. I suspected my comments would fall on deaf ears...and I was right.

    About two months ago, as the media blitz for the Summer releases began in earnest, one of my friends and I started discussing the culture of 'cash over creativity' in the motion picture industry. I decided to start doing a little casual research on projects currently underway. What I found appalled me. The following list is of movies that have been announced, have at least begun pre-production*, and are slated to be released sometime between April 2010 (when I started the list) and Summer 2013. I've divided it into three categories: Remakes/Revisionings, Old TV Series being made into Motion Pictures, and Animated Series being made into either Live Action Movies or Movies with CGI characters interacting with the real world. Remember, this list is from a casual search from very public sources and not from some sort of special 'insider' sources:


    Remakes/Revisionings:

    1. “20,000 Leagues Under the Sea” (1954) – two different versions are in production…one scheduled for 2011 and one for 2012;
    2. “All Quiet on the Western Front” (1930) – 2012;
    3. “Barbarella” (1968) – 2012;
    4. “Buffy the Vampire Slayer” (1992) – 2012;
    5. “Captain America” (1944, 1966, 1979, 1990) – 2011 (as “Captain America: The First Avenger”);
    6. “Carousel” (1956) – 2013;
    7. “Charly” (1968) – 2013 (as “Flowers for Algernon”);
    8. “Dune” (1984) – 2012 (already remade once as a low-quality mini-series in 2000);
    9. “Escape from New York” (1981) – 2011;
    10. “Excalibur” (1981) – two different projects scheduled for 2012: one definitely listed as a remake of the 1981 John Boorman film, the other only defined as an ‘action fantasy’;
    11. “Flash Gordon” (1980) – 2012;
    12. “Footloose” (1984) – 2011;
    13. “Harvey” (1950) – 2011;
    14. “Highlander” (1986) – 2012 (after a number of progressively worse sequels and two half-way decent TV shows, it looks like the franchise is being completely reset to the beginning);
    15. “Logan’s Run” (1976) – 2012;
    16. “M*A*S*H” (1970) – 2010 (as “M.A.S.H”);
    17. “My Fair Lady” (1964) – 2012;
    18. “Poltergeist” (1982) – 2011;
    19. “Popeye” (1980) – 2013;
    20. “Red Dawn” (1984) – 2010;
    21. “Romancing the Stone” (1984) – 2011;
    22. “Short Circuit” (1986) – 2011;
    23. “Soylent Green” (1973) – 2012;
    24. “Spider-Man” (2002) – 2012 (complete reboot of the franchise with a petition being circulated to change Peter Parker's ethnic background to 'African American');
    25. “Tarzan” (1932, 1966, 1981, 1984, 1999) – 2011;
    26. “The Best Little Whorehouse in Texas” (1982) – 2011;
    27. “The Dirty Dozen” (1967) – 2012 (as “Dirty Dozen”);
    28. “The Evil Dead” (1981) – Renaissance Pictures alternates between saying this is a ‘revisioning’ of the first “Evil Dead” movie and that it’s actually going to be “Evil Dead IV”. Tentatively set for a 2011 release;
    29. “The Hobbit” (1977) – 2011/2012 (should probably be in the ‘animation to live action category since the 1977 version was animated);
    30. “The Karate Kid” (1984) – 2010;
    31. “The Rocky Horror Picture Show” (1975) – 2010;
    32. “The Thing” (1951, 1982) – 2011;
    33. “The Wizard of Oz” (1939) – 2011 (following the original L. Frank Baum story as “The Wonderful Wizard of Oz”) and 2013 (a ‘revisioning’ from the point of view of the Wizard as “Oz, the Great and Powerful”);
    34. “True Grit” (1969) – Coen Bros. version due in 2010;
    35. “Westworld” (1973) – 2012;
    36. “Who is Killing the Great Chefs of Europe?” (1978) – 2010 (as “Who is Killing the Great Chefs?”)


    Old TV Series becoming Movies:

    1. “I Dream of Jeannie” (1965) – 2010;
    2. “Knight Rider” (1982, 2008) – 2012 (after failing to resurrect the franchise on TV, they are now trying to bring it to the big screen);
    3. “Kung Fu” (1972) – 2011;
    4. “The A-Team” (1983) – 2010;
    5. “The Green Hornet” (1966) – 2010;
    6. “Hawaii Five-0” (1968) – 2012


    Animated Series becoming Live Action Movies:

    1. “Avatar: The Last Airbender” (2005) – 2010 (as “The Last Airbender”);
    2. “Cowboy Bebop” (1998) – 2011;
    3. “Ghost in the Shell” (1995) – 2011;
    4. “Scooby Doo” (1969, 1972) – 2010 (as “Scooby Doo! Curse of the Lake Monster”. This is a complete reboot of the live-action Scooby Doo movies with a whole new cast and some revisioning…including making Velma Asian.);
    5. “The Smurfs” (1965, 1976, 1982) – 2011 (combination live action/CGI);
    6. “Thundercats” (1985) – 2012

    Where my previous casual research found 17 remakes spread over 13 years, this list is 48 movies coming out over the next 36 months! (A couple have already been released since I began compiling this list in April.) Come on, people! Show some artistic integrity. Once again, where has all the creativity gone? Don't get me wrong...there are some wonderfully creative projects coming out of the big studios; adaptations of both comic books and novels and completely new creative works such as "The Unpleasant Profession of Jonathan Hoag", "Jane Eyre", "The Green Lantern", "Hamlet", "Despicable Me". Unfortunately, these seem to be the exceptions rather than the rule. It should be the other way around; remakes of old movies and TV shows should be the exception.

    The bottom line, film moguls, is stop underestimating the intelligence of the average American and start backing more creative and unique projects. Keep in mind that, when you are taking a chance on something new and unique, you can probably do so for a lot less than you would pay for an established, over-used formula. Will there be flops? Of course! But that is true of the big-budget movies with A-list stars now (how much did you lose with "Alexander", "The Adventures of Pluto Nash", and "Gigli"?) Who knows, your creative courage may result in the discovery of the next "Star Wars", "The Matrix", or (heaven forbid!) "Napoleon Dynamite".


    Best regards...



    * pre-production is the state of motion picture production where the parts are being cast, locations are being scouted and obtained, and sets and props are being made.



    © 2010 James P. Rice

    24 May 2010

    Healthcare in America: Affordability, the Summary

    Good day, family and friends!

    In my past six Healthcare posts, I have been looking at the costs associated with the best healthcare system in the world. Here's what I've discovered:

    > It is very expensive to get the best medical training in the world and to develop, learn, acquire, and maintain modern state-of-the-art medical technologies. Doctors start their careers as much as $800K in debt before they ever see a patient;

    > While there are clear-cut cases of greed in the insurance industry and instances where profit is placed ahead of the needs of the customers (patients), these cases are in the minority and most insurance providers are struggling to stay afloat. The average profit of the 1300+ insurance providers in 2008 was only 2.2%;

    > The abrogation of the Principle of Personal Responsibility from our legal system and the accompanying environment of rampant litigation account for between 19% and 27% of the cost of healthcare every year through increased malpractice insurance premiums;

    > The cost of the bureaucracy created to monitor the rules and manage the paperwork of the various healthcare insurance offerings account for between 14% and 32% of the cost of healthcare every year;

    > Insurance Fraud perpetrated by both patients and physicians account for between 3% and 10% of the cost of healthcare every year. This has resulted in insurance companies creating "Benefits Coverage Panels" made up of non-medical personnel making medical decisions;

    > And the betrayal of trust perpetrated by our elected officials who bow to special interest pressure to create laws and regulations designed to block the normal competition of the free market economy.

    These six bullet points pretty much summarize the economic challenges to making healthcare in America more affordable. Just addressing real tort reform, policy and document simplification, and seriously hammering those who intentionally commit insurance fraud could reduce healthcare costs by close to half.

    Next time, I'll start in on why the Obama/Pelosi/Reid Healthcare Reform Act is most definitely NOT the answer, then I will propose my own solutions. After all, identifying a problem without offering solutions is just bellyaching.


    Until then, best regards...



    © James P. Rice 2010

    28 March 2010

    Intermezzo: Form Follows Function

    Good day, family and friends!

    Not long ago, as I was watching some C-Span video clips of our Congress in action, I started looking at the chambers of both the House and the Senate and had the thought that it might be time for a little makeover. Don't get me wrong; I love the warmth and classic elegance of the dark woods and leather upholstery that hearken back to the late 18th and early 19th Centuries. I just think that, since our elected representatives are dealing with the issues facing America in the 21st Century, maybe they should be in 21st-century surroundings with access to 21st-century conveniences.

    For example, replace the dark wood desks with something functional and sleek that includes integrated technology such as a universal docking station for a laptop computer and a charging pad for portable devices. I would also replace the old wooden lectern with one that has integrated teleprompters for scheduled speeches and presentations. I would also glass in the observation galleries so that the citizens of our great nation can come to watch and listen to their Congress in action, but not be able to disrupt the proceedings.

    While we're at it, since the elected representatives are supposed to be representing their constituents and their states, I would rearrange the seating to ensure it is not separated along party lines. In the Senate, I suggest the use of paired "partners' desks" so that both Senators from each state would sit together, regardless of their chosen political faction. In the House, each Representative would have a separate desk, but it would be clustered in a "pod" with all the Representatives from that state. I would further emphasize that no state is more important than any other by randomly assigning the positioning of the states in the chamber at the start of each Congressional session, thereby avoiding the claiming of the "good seats" on the basis of seniority or party ranking.

    Finally, I would love to see, evenly spaced around the room, wall panels engraved with aphorisms designed to keep Congress on track. They should be large enough and placed in such a way that every Senator and Representative would be able to see every panel from their seat, if they choose to look around. Some of the reminders I would place in both chambers of Congress, as well as the auditorium used for joint sessions, are:

    > "Government is not reason, it is not eloquence — it is force! Like fire, it is a dangerous servant and a fearful master. Never for a moment should it be left to irresponsible action." - George Washington

    > "The basis of our political systems is the right of the people to make and to alter their Constitutions of Government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all." - George Washington

    > “Power tends to corrupt, and absolute power corrupts absolutely” - Lord Acton

    > You are public servants, not public masters.

    > "It would be a hard government that should tax its people one tenth part of their income." - Benjamin Franklin

    > Read the Constitution! After all, you swore an oath to uphold it.

    > "Just because you can do something doesn't mean you should do something." - American Proverb

    > "The road to Hell is paved with good intentions." - H.G. Bohn

    > "Secrecy is the beginning of tyranny." - Robert A. Heinlein

    > "If we lose freedom here, there is no place to escape to. This is the last stand on Earth." - Ronald Reagan

    > "A troubled and afflicted mankind looks to us, pleading for us to keep our rendezvous with destiny; that we will uphold the principles of self-reliance, self-discipline, morality, and, above all, responsible liberty for every individual that we will become that shining city on a hill." - Ronald Reagan

    > You are no better than any other citizen of the United States.

    > We the People are your bosses; you are not ours.

    Just maybe these aphorisms will help to minimize the number of Congresspersons who give in to the pressure of special interest lobbyists.



    Until next time, best regards...



    © James P. Rice 2010

    25 March 2010

    Healthcare in America: Affordability, pt 6

    Good day, family and friends!

    Today, we look at the ugliest of the three Cost Sisters...special interest legislation.

    I call special interest legislation the ugliest of the three sisters because it is rooted in one of the most morally repugnant actions known to man...betrayal of trust. We the People elect individuals to represent us at all levels of government with the hope that they will do the right thing, protect our God-given Rights, and uphold the law of the land. Yet, time and time again, once they are in office they bend (if not break) the truth, sacrifice their principles, and sell out to the various lobbyists and special interest groups; all the while justifying their actions by declaring, "that's just the way the business of government works. You have to compromise in order to get things done down the road." I believe this to be a contemptible lie.

    What does this have to do with the affordability of healthcare? Ask yourself these questions: if there are over 1300 insurance companies and underwriters in the United States offering healthcare coverage, then why in some states are the citizens' choices limited to as few as 4 of those companies? Why are corporations forced to offer different insurance options to their employees, based on the state in which they work? Why is it that a self-employed individual in Texas can get medical insurance for a family of 4 for less than $400 per month, while the same coverage in South Carolina costs over $1400? The answer...special interest groups and lobbyists.

    Unfortunately, many of the states' legislatures have given in to the seduction of easy campaign donations and feel-good photo ops. They create laws and regulations that severely limit competition and provide a protected market to a handful of insurance companies. Because of this, the insurance companies in those states have no incentive to streamline their operations and improve their efficiency in order to reduce prices. Not only that, but in many of those cases, requests for rate hikes by the protected companies are given 'rubber stamp approval' by the very officials tasked with protecting the public from inequitable business practices.

    One of the most egregious examples of this problem is the state of California. The citizens of California have been saddled with the highest medical insurance premiums in the United States, yet they are only allowed to choose from 4 carriers. At every opportunity, California's state legislature has overwhelmingly blocked attempts to introduce competition into the medical insurance industry.

    Another blatant example of special interest protectionism and governmental control happened in New York. In 2008, Dr. John Muney started offering a new program to his patients: $79 per month for unlimited doctor's appointments. He believed that if he could reduce the mounds of paperwork created by health insurance, he could cut his costs and ensure that healthcare was within reach for everyone. It wasn't long before the New York State Insurance Department swooped down and told Dr. Muney that he had to stop offering his low-cost flat-fee program because it was a form of insurance and he was not licensed to sell insurance in the state of New York. It seems that, at least in the state of New York, the only way for a doctor to avoid the hassles of insurance is for that doctor to start his or her own insurance company.

    Basically, while your political heroes line their pockets and solidify their power base, you end up paying more every year for medical insurance. They have betrayed the trust their constituents placed in them in favor of catering to special interest for their own personal benefit.

    Next time, I summarize the problems I've identified in this series and start looking at the solution.

    Until then, best regards...



    © James P. Rice 2010

    22 March 2010

    Healthcare in America: Affordability, pt 5

    Good day, family and friends!

    Sorry about the delay in posting this installment. Real Life can be a real grizzly bear.

    Now, let's continue our look at the costs associated with litigation, insurance fraud, and special interest legislation....

    Ambulance-chasing weasels aren't the only thing negatively impacting healthcare costs. Insurance fraud being perpetrated by both, larcenous patients and unscrupulous doctors, is a major problem in the 21st Century. The FBI estimates that fraudulent billings make up between 3% and 10% of total healthcare expenditures every year. In 2007, for example, total healthcare expenditures in the U.S. were $2.26 trillion. If the FBI's best case is true, that means that in 2007, U.S. healthcare insurance providers were ripped off for nearly $68 billion. At worst, it was $226 billion. This loss is automatically passed on to the consumer in the form of higher premiums.

    But the problem is only growing. Last year, the Government Accountability Office (formerly known as the General Accounting Office) stated that they have been unable to definitively identify the scope of the fraud and systemic abuse being perpetrated within the Medicaid/Medicare system. Their best case guess is that, in 2008 alone, taxpayers were robbed of a minimum of $69 billion by people intentionally defrauding the system. This is an increase of over 200% from only the year before. The FBI estimates that this will only get worse as people live longer and make more demands on the Medicare system. And this doesn't include the honest mistakes made every year by tens of thousands of Medicaid/Medicare recipients overwhelmed by the complexity of the bureaucratic maze they have to negotiate just to see a primary care physician.

    These increasingly sophisticated ways of 'gaming the system' have created a layer of bureaucracy within many insurance companies that have evolved into something resembling systemic abuse in its own right. I'm speaking of what are sometimes called 'Benefits Coverage Panels'. These are the panels or committees employed by the insurance companies to review the diagnoses and treatments doctors propose for their patients covered by that insurer. In order to protect their slim profit margins, some insurance companies now have accountants and bureaucrats (who were never physicians themselves) reviewing medical cases and second-guessing experienced physicians, often denying treatment because, in their humble opinion as a bean-counter or paper-pusher, the treatment wasn't necessary. These coverage panels are just another unnecessary expense adding to the cost of healthcare insurance.

    Next time, the impact your political heroes have on the cost of your healthcare coverage.

    Until then, best regards...



    © James P. Rice 2010

    07 December 2009

    Healthcare in America: Affordability, pt 4

    Good day, family and friends!

    Today, we start looking at litigation, insurance fraud, and special interest legislation.

    Another component that has caused the cost of doing business for both physicians and insurance providers to skyrocket is runaway litigation. Over the last 30 - 35 years, the concepts of 'Personal Responsibility' and 'Reasonable Expectation' have been either perverted or completely discarded by personal injury attorneys. People who are grieving over a personal tragedy are being convinced by these ambulance-chasers that it will make them feel better to lash out at the deepest pockets they can find. Here are two recent examples of such spurious abuse of litigation:

    1) Earlier this year, a grieving family in Montana filed suit against the parent company of Louisville Slugger because their son was killed by a line drive hit by a batter using one of their aluminum bats. The jury awarded the family $850,000.

    2) A woman in Oklahoma has filed suit against Samsung and Sprint Nextel because a man who was distracted by a cellphone call ran a red light and broad-sided a car in the intersection, killing the woman's mother. This suit is pending.

    But the most famous case of abusive litigation that really opened the flood gates is the case of Liebeck v. McDonald's Restaurants from 1994. In case you don't remember, this is the case where a 79-year-old woman who, due to her own actions, spilled hot McDonald's coffee in her lap. Thanks to her weasel of an attorney and the twelve idiots on the jury she received a judgment of $2.86 million dollars for 'comparative negligence'. To add insult to injury, her husband filed a separate suit against McDonald's for "loss of spousal duties" because his wife couldn't have sex while she recovered. McDonald's settled his suit out of court for another $150,000.

    What do these cases have to do with the cost of healthcare? They are some of the most egregious examples of the courts throwing personal responsibility out the window. This attitude that people are no longer responsible for their own actions has spilled over into every aspect of our society...including healthcare. Because of this 'victim mentality', the cost of medical malpractice insurance coverage has gone crazy. Paying the out of control punitive damages being awarded in malpractice cases have severely increased the operating expenses of the malpractice insurance carriers. They pass this cost along to the physicians in the form of a six-fold increase in malpractice insurance premiums. In turn, this increase in the operating costs of a physician's practice results in higher overall costs to the consumer for every visit to a doctor's office. As with just about every other cost in this debate, there is a wide disparity in just how much of a physician's cost is malpractice insurance...between 19% and 27%, depending on which report you read.

    Next time, we continue looking at the impact of litigation, insurance fraud, and special interest legislation on healthcare costs.

    Until then, best regards...



    © James P. Rice 2009

    Intermezzo - Copenhagen Climate Conference

    WARNING! Today's post is a bit longer than usual.

    Good day, family and friends.

    Recently, when I asked a number of my friends and family to join a social group regarding the UN Climate Change Conference that begins today in Copenhagen, I received a terse chastisement from one of my friends accusing me of ignoring the facts and blindly supporting a conspiracy theorist. I replied to this friend with a summary of the facts I have uncovered in my own research and my own reasons for my position on this conference. When I re-read it, I thought it sounded pretty darn good (if I do say so myself!) and decided I would share it with the world through this blog. The only changes I've made is to change the voice from responding to specific allegation to being a narrative. So, here we go. Enjoy!

    First, I have always believed as part of my Core Principles that it is humanity’s responsibility to be good stewards of the Earth. I believe we have a duty to ourselves to continue to advance our knowledge and exploit the resources of the Earth for that advancement, but that it must be done in such a way as to impact the ecology as minimally as possible so we can leave a planet for our children and grandchildren that is better than the one into which we were born. I believe that we are overdue for a technology upgrade in how we power our society and that it will take us completely away from fossil fuels, but I also believe that forcing our society into new energy sources before they are proven efficient, reliable, and cost-effective will prove disastrous.

    Second, before you conclude that I am doing nothing but parroting the paranoid rhetoric of Alex Jones, you should know I have listened to him exactly once over the last ten years. It was late at night several months ago when I was driving back from San Antonio and needed to listen to something annoying to keep myself awake. Quite frankly, Alex Jones’ position on a particular topic never enters my mind one way or another when I am researching it.

    Third, do I believe the climate of the Earth is changing? Yes I do. Is this climate change man-made? No. Even the most pessimistic climate reports (e.g. the UN’s IPCC and former VP Al Gore) have humanity contributing only 11% of the ‘greenhouse gases’ that are being blamed for the change in the planetary climate over the last 150 years. A look at the meteorological records going back to the early 19th century shows that, over the hundred years between 1900 and 2000, the average planetary temperature has risen 0.74 degrees Celsius (approximately 1.33 degrees Fahrenheit). That’s not 0.74 degrees every decade…that’s 0.74 degrees for the entire Century as opposed to the one degree per decade some climate change pundits claim. Not only that, but since the year 2000, the average planetary temperature has actually dropped by 0.11 degrees Celsius.

    If humanity did not cause even this minimal increase in the Earth’s average temperature, then what did? Well, to counter the 2,000 scientific experts listed in the UN’s IPCC Report, there are nearly 30,000 experts from many different disciplines (meteorology, climatology, planetology, paleoclimatology, astronomy, and physics just to name a few) who have identified two primary causes:

    1) the Earth is at the tail end of the warming period that followed the last ice age. This ‘mini ice age’ ran from the mid-15th century to the mid-19th century and has been identified as one of the principle catalysts for historic events such as the winter-related failure of Napoleon’s invasion of Russia and the Irish potato famine. In fact, archeologists and paleoclimatologists have determined that the average global temperature for 2000 was still cooler that the average global temperature of the year 1000; and

    2) Over the last 60 years, solar activity has reached an 8,000 year high. In fact, it can now be demonstrated that the temperature increase in the last century has a more direct correlation with the sun’s irradiant output than with the level of CO2.

    To be fair, I will concede that a handful (possibly a couple hundred) of the nearly 30,000 scientists are probably in the employ of ‘Big Oil’. But if you are going to dismiss their findings because of a small sub-group, then, to be intellectually honest, you must dismiss the results of the other side as well since 186 of the 2,000+ scientists listed as contributors of the IPCC report had to threaten to sue the UN to have their names removed because they disagreed with both the methods the IPCC used and the conclusions the IPCC published as ‘settled science’.

    Fourth, while the concerns over the state of America’s sovereignty is usually the first concern listed by opponents of the Copenhagen conference, it is actually a summary of all the issues many people have with the draft of the proposed agreement that has been made public.

    I have to concede here that I did make a mistake…one that many people have been making. The draft of what President Obama will be asked to sign at Copenhagen next week is not a treaty. Rather, it is a proposed global Accord. The UN committee that authored the accord stated they intentionally did it this way “to avoid the issues that prevented the Kyoto Treaty from being universally implemented.” The reason this distinction is important is that, as what happened with the Kyoto Treaty, Congress would have to ratify any treaty the President signed before it would be implemented by the U.S. With an accord, however, the President can implement it without ever consulting Congress through cabinet-level policy changes and Executive Orders. President Obama (as did the previous two administrations) has clearly demonstrated that he is more than willing to use these tools to get around that pesky Constitution thing.

    It has been stated that, “anyone following the debate over signing this treaty should be following the issues of who is required to participate, what sanctions should be imposed, what levels of compliance are practical and attainable and other realistic concerns, not whether we are signing over our government to a world power.” With the exception of fringe elements such as Alex Jones’ followers, that is what most people opposing the accord are doing. These concerns were first brought to my attention when I saw an interview with Lord Christopher Monckton. Lord Monckton is a respected member of the British House of Lords and a self-educated expert on global climate change. As a member of Parliament, he received an advance copy of the accord and proceeded to go through it with a fine-toothed comb. Here are some of the highlights:

    • The accord establishes a redistribution of wealth from industrial nations to third-world nations in the name of ‘Reparations of Climate Debt’;
    • It establishes an “internationally interlocking bureaucratic entity for the purpose of governing the terms of the accord, collecting up to 2% of the GDP of industrial nations to be redistributed to un- and underdeveloped nations, and to enforce the terms of the accord by whatever means necessary”;
    • It establishes a interlocking infrastructure of technical panels with the right to intervene in the economy of any nation, in spite of the laws or government of that nation;
    • Defines industrially-generated CO2 as the main cause of Global Climate Change;
    • Sets CO2 reduction standards for industrial nations that can only result in the reduction in the standard of living for that nation while having absolutely no effect on Global Climate Change. (When the numbers are crunched, it shows that the standards set by this accord will result in only a 1% reduction in CO2 in approximately 175 years!);

    Basically, this accord will have absolutely no impact on the global climate, punishes developed nations for daring to have the audacity to advance humanity, will only serve to establish the framework for a fledgling global bureaucracy structured under Marxist principles, and will waste billions (if not trillions) of dollars that could be better used by the private sector to research, perfect, and implement the new forms of clean energy we desperately need. Remember, most of the scientists the UN are leaning on for the 'settled science' of global warming were screaming that we were about to enter a new ice age only 33 years ago!

    Finally, even if this is a treaty and not an accord, President Obama needs to make a statement to the world that he is not a ‘sheeple’ willing to go along with anything just so the World will think nice things about him. He needs to send a clear message that he will only sign on with a plan that will have a positive impact on all the people of the World, and that he honors and respects the Constitution…the document that has brought freedom, opportunity, and prosperity to more people than anything else in the history of the world…and is truly the First Defender of the Constitution. This is why he must not sign the Copenhagen Accord.

    While I do believe we need to continue to monitor and study the climate of the Earth, I firmly believe that the minor warming trend we experienced over the last century is part of a natural cycle. I believe that climatology is part of a greater need to study, understand, and protect the entire ecosphere of our planet, and that money currently being wasted on ‘snake oil’ schemes to ‘fix the climate’ would better serve humanity and the Earth by being applied to research in alternative energy, alternative agricultural methods, oceanic research, extra-planetary exploration, and in encouraging ‘positive’ land stewardship habits in people instead of trying to legislate them into submission.

    I encourage everyone of you to call the White House switchboard at (202) 456-1414 and politely let President Obama know what we expect of him when he joins the other heads of state in Copenhagen next week.

    Best regards....




    © James P. Rice 2009