Tuesday, November 10, 2009

The End of the Rule of Law (Part two)

Our government purposely creates complex, vague, unprincipled, arbitrary laws with overbroad interpretations.  They cannot be understood by ordinary citizens.  This goes against the Rule of Law underwhich this country was founded.  We borrowed from England that a crime, for example, needs intent, but politicians and prosecutors attack individuals and make their own interpretation of "laws" to punish those they want to punish, and set free those they want.  Intent is gone.  Most citizens commit multiple infractions a day without even knowing.  Two examples, for example, are the tax code and Medicare regulations.  At any moment any prosecutor can charge virtually anyone with violations of either.  And the 2,000 page healthcare takeover passed by Speaker Pelosi's U. S. House of Representatives would create (according to a blog I read.)
111 new Obamacare boards, bureaucracies, commissions, and programs created in H.R. 3962, Speaker Pelosi’s legislation for a government takeover of health care:

1. Retiree Reserve Trust Fund (Section 111(d), p. 61)

2. Grant program for wellness programs to small employers (Section 112, p. 62)

3. Grant program for State health access programs (Section 114, p. 72)

4. Program of administrative simplification (Section 115, p. 76)

5. Health Benefits Advisory Committee (Section 223, p. 111)

6. Health Choices Administration (Section 241, p. 131)

7. Qualified Health Benefits Plan Ombudsman (Section 244, p. 138)

8. Health Insurance Exchange (Section 201, p. 155)

9. Program for technical assistance to employees of small businesses buying Exchange coverage (Section 305(h), p. 191)

10. Mechanism for insurance risk pooling to be established by Health Choices Commissioner (Section 306(b), p. 194)

11. Health Insurance Exchange Trust Fund (Section 307, p. 195)

12. State-based Health Insurance Exchanges (Section 308, p. 197)

13. Grant program for health insurance cooperatives (Section 310, p. 206)

14. “Public Health Insurance Option” (Section 321, p. 211)

15. Ombudsman for “Public Health Insurance Option” (Section 321(d), p. 213)

16. Account for receipts and disbursements for “Public Health Insurance Option” (Section 322(b), p. 215)

17. Telehealth Advisory Committee (Section 1191 (b), p. 589)

18. Demonstration program providing reimbursement for “culturally and linguistically appropriate services” (Section 1222, p. 617)

19. Demonstration program for shared decision making using patient decision aids (Section 1236, p. 648)

20. Accountable Care Organization pilot program under Medicare (Section 1301, p. 653)

21. Independent patient-centered medical home pilot program under Medicare (Section 1302, p. 672)

22. Community-based medical home pilot program under Medicare (Section 1302(d), p. 681)

23. Independence at home demonstration program (Section 1312, p. 718)

24. Center for Comparative Effectiveness Research (Section 1401(a), p. 734)

25. Comparative Effectiveness Research Commission (Section 1401(a), p. 738)

26. Patient ombudsman for comparative effectiveness research (Section 1401(a), p. 753)

27. Quality assurance and performance improvement program for skilled nursing facilities (Section 1412(b)(1), p. 784)

28. Quality assurance and performance improvement program for nursing facilities (Section 1412 (b)(2), p. 786)

29. Special focus facility program for skilled nursing facilities (Section 1413(a)(3), p. 796)

30. Special focus facility program for nursing facilities (Section 1413(b)(3), p. 804)

31. National independent monitor pilot program for skilled nursing facilities and nursing facilities (Section 1422, p. 859)

32. Demonstration program for approved teaching health centers with respect to Medicare GME (Section 1502(d), p. 933)

33. Pilot program to develop anti-fraud compliance systems for Medicare providers (Section 1635, p. 978)

34. Special Inspector General for the Health Insurance Exchange (Section 1647, p. 1000)

35. Medical home pilot program under Medicaid (Section 1722, p. 1058)

36. Accountable Care Organization pilot program under Medicaid (Section 1730A, p. 1073)

37. Nursing facility supplemental payment program (Section 1745, p. 1106)

38. Demonstration program for Medicaid coverage to stabilize emergency medical conditions in institutions for mental diseases (Section 1787, p. 1149)

39. Comparative Effectiveness Research Trust Fund (Section 1802, p. 1162)

40. “Identifiable office or program” within CMS to “provide for improved coordination between Medicare and Medicaid in the case of dual eligibles” (Section 1905, p. 1191)

41. Center for Medicare and Medicaid Innovation (Section 1907, p. 1198)

42. Public Health Investment Fund (Section 2002, p. 1214)

43. Scholarships for service in health professional needs areas (Section 2211, p. 1224)

44. Program for training medical residents in community-based settings (Section 2214, p. 1236)

45. Grant program for training in dentistry programs (Section 2215, p. 1240)

46. Public Health Workforce Corps (Section 2231, p. 1253)

47. Public health workforce scholarship program (Section 2231, p. 1254)

48. Public health workforce loan forgiveness program (Section 2231, p. 1258)

49. Grant program for innovations in interdisciplinary care (Section 2252, p. 1272)
50. Advisory Committee on Health Workforce Evaluation and Assessment (Section 2261, p. 1275)
51. Prevention and Wellness Trust (Section 2301, p. 1286)
52. Clinical Prevention Stakeholders Board (Section 2301, p. 1295
53. Community Prevention Stakeholders Board (Section 2301, p. 1301)
54. Grant program for community prevention and wellness research (Section 2301, p. 1305)
55. Grant program for research and demonstration projects related to wellness incentives (Section 2301, p. 1305)
56. Grant program for community prevention and wellness services (Section 2301, p. 1308)
57. Grant program for public health infrastructure (Section 2301, p. 1313)
58. Center for Quality Improvement (Section 2401, p. 1322)
59. Assistant Secretary for Health Information (Section 2402, p. 1330)
60. Grant program to support the operation of school-based health clinics (Section 2511, p. 1352)
61. Grant program for nurse-managed health centers (Section 2512, p. 1361)
62. Grants for labor-management programs for nursing training (Section 2521, p. 1372)
63. Grant program for interdisciplinary mental and behavioral health training (Section 2522, p. 1382)
64. “No Child Left Unimmunized Against Influenza” demonstration grant program (Section 2524, p. 1391)
65. Healthy Teen Initiative grant program regarding teen pregnancy (Section 2526, p. 1398)
66. Grant program for interdisciplinary training, education, and services for individuals with autism (Section 2527(a), p. 1402)
67. University centers for excellence in developmental disabilities education (Section 2527(b), p. 1410)
68. Grant program to implement medication therapy management services (Section 2528, p. 1412)
69. Grant program to promote positive health behaviors in underserved communities (Section 2530, p. 1422)
70. Grant program for State alternative medical liability laws (Section 2531, p. 1431)
71. Grant program to develop infant mortality programs (Section 2532, p. 1433)
72. Grant program to prepare secondary school students for careers in health professions (Section 2533, p. 1437)
73. Grant program for community-based collaborative care (Section 2534, p. 1440)
74. Grant program for community-based overweight and obesity prevention (Section 2535, p. 1457)
75. Grant program for reducing the student-to-school nurse ratio in primary and secondary schools (Section 2536, p. 1462)
76. Demonstration project of grants to medical-legal partnerships (Section 2537, p. 1464)
77. Center for Emergency Care under the Assistant Secretary for Preparedness and Response (Section 2552, p. 1478)
78. Council for Emergency Care (Section 2552, p 1479)
79. Grant program to support demonstration programs that design and implement regionalized emergency care systems (Section 2553, p. 1480)
80. Grant program to assist veterans who wish to become emergency medical technicians upon discharge (Section 2554, p. 1487)
81. Interagency Pain Research Coordinating Committee (Section 2562, p. 1494)
82. National Medical Device Registry (Section 2571, p. 1501)
83. CLASS Independence Fund (Section 2581, p. 1597)
84. CLASS Independence Fund Board of Trustees (Section 2581, p. 1598)
85. CLASS Independence Advisory Council (Section 2581, p. 1602)
86. Health and Human Services Coordinating Committee on Women’s Health (Section 2588, p. 1610)
87. National Women’s Health Information Center (Section 2588, p. 1611)
88. Centers for Disease Control Office of Women’s Health (Section 2588, p. 1614)
89. Agency for Healthcare Research and Quality Office of Women’s Health and Gender-Based Research (Section 2588, p. 1617)
90. Health Resources and Services Administration Office of Women’s Health (Section 2588, p. 1618)
91. Food and Drug Administration Office of Women’s Health (Section 2588, p. 1621)
92. Personal Care Attendant Workforce Advisory Panel (Section 2589(a)(2), p. 1624)
93. Grant program for national health workforce online training (Section 2591, p. 1629)
94. Grant program to disseminate best practices on implementing health workforce investment programs (Section 2591, p. 1632)
95. Demonstration program for chronic shortages of health professionals (Section 3101, p. 1717)
96. Demonstration program for substance abuse counselor educational curricula (Section 3101, p. 1719)
97. Program of Indian community education on mental illness (Section 3101, p. 1722)
98. Intergovernmental Task Force on Indian environmental and nuclear hazards (Section 3101, p. 1754)
99. Office of Indian Men’s Health (Section 3101, p. 1765)
100.Indian Health facilities appropriation advisory board (Section 3101, p. 1774)
101.Indian Health facilities needs assessment workgroup (Section 3101, p. 1775)
102.Indian Health Service tribal facilities joint venture demonstration projects (Section 3101, p. 1809)
103.Urban youth treatment center demonstration project (Section 3101, p. 1873)
104.Grants to Urban Indian Organizations for diabetes prevention (Section 3101, p. 1874)
105.Grants to Urban Indian Organizations for health IT adoption (Section 3101, p. 1877)
106.Mental health technician training program (Section 3101, p. 1898)
107.Indian youth telemental health demonstration project (Section 3101, p. 1909)
108.Program for treatment of child sexual abuse victims and perpetrators (Section 3101, p. 1925)
109.Program for treatment of domestic violence and sexual abuse (Section 3101, p. 1927)
110.Native American Health and Wellness Foundation (Section 3103, p. 1966)
111.Committee for the Establishment of the Native American Health and Wellness Foundation (Section 3103, p. 1968)

According to an article in the Puget Sound Business Journal, October 23 - 39, 2009, page 3, the Rule of Law will be further undermined with Congress taking up and arbitrarily rewriting a 15-year-old transaction between Seattle's Sound Transit and First Hawaiian Bank in an arms length sale and leaseback deal.  The bank in essence purchased a tax deduction for depreciation unavailable to Sound Transit.  The guarantor of the transacion American International Group was bailed out by the government but a needed new guarantor couldn't be located.  The "Close the SILO/LILO Loophole Act" by Congress will bail out the transaction went bad for Sound Transit, leaving this decades hated businesses, banks, out of luck and the investment.  It was an obvious poor decision by the Board of Sound Transit.  But Americans with relationships or other clout don't have to abide by contracts.  Congress will abrogate the Rule of Law and any transaction it sees fit.   Dangerous for Congress or any elected politician to have such arbitrary power.  Dangerous for the Bank of Hawaii, you the reader and me, the writer.

The power of arbitrary government brought about the American Revolution.  Well that power is back once again and being used to stop free speech that does not agree with the Obama Machine.  Case in point:  Health insurance company, Humana, Inc. which manages Medicare Advantage plans for Medicare sent out letters to its customers discussing the Democratic plan to slash $500,000,000,000 from Medicare thus threatening coverage for Senior Citizens. The Chairman of the Senate Finance Committee, Democrat Max Baucus, author of the wildly-unpopular health bill of the committee complained about the letter to the Centers for Medicare and Medicaid Services, the federal healthcare governing agency, calling it misleading and confusing.  But with freedom of speech still in the Constitution, for now, isn't that permissable.  No, said  Chairman Max.  Well tehn, what is abuse of power?  Oh, yes, Democrats want to dismantle Medicare Advantage entirely because a quarter of Medicare users love it and signed up for it.  (And a new study shows that Medicare Advantage customers in California save money by spending 30% fewer days in the hospital.)  It's efficient and popular, so obviously the Democrats must crush it.

One of the basic underlying tenets in the founding of the United States of America was the absolute necessity to have "The Rule of Law" instead of the arbitrary laws made on the whim of tyrants. And with it the separation of powers among executive (the CEO), Congress (the Board of Directors) and the judicial system (courts) keep one entity from becoming too powerful.

A rational, free nation needs laws (and, of course, the power to enforce them) under which its citizens can operate. In order to be effective, laws must be somewhat immutable. Citizens must be able to rely on laws in order to plan their lives, both personal and business. The ease with which laws can be changed can create an environment in which neither business or citizens can rationally plan for the long-term. With this, their desire to invest or purchase goods is put on hold, thus terribly damaging an economy.

The certainty of our laws were based on the Constitution of the United States which elucidated certain rights that became the foundation for our Rule of Law.

These began to be eroded by liberal Supreme Court Justices during the reign of Earl Warren, according to conservatives. At that time, according to liberals, "rights" of U. S. citizens began to keep up with modern times. The truth is that around that time the hold of the Rule of Law on the Constitution began to become flexible, and according to the beliefs of the judges ruling, not the Constitution.

Much of this and more was discussed in my July 2008 blog post entitled "The End of the Rule of Law".

With the coronation of President Obama the so-called Rule of Law is being completely disregarded and dismantled.

The sellout of one of the two remaining "American" automobile companies to the United Auto Workers union was caused by the U. S. Treasury forcing secured creditors (Chrysler) to renounce their secured position to the assets of Chrysler, writing off $4.9 billion -- as of today, April 29, 2009 and receiving an approximate 10% ownership in the company. Fiat -- for no cash investment -- would receive 20% increasing up to a maximum of 35% depending on the technology it introduced into Chrysler and certain other unspecified requirements. The U. S. Treasury would receive approximately 10% ownership for its $4 billion already invested and $6 more billion to come. The United Auto Workers union would receive a 55% ownership and absolute control in exchange for little. (See my post of 3-31-09 "That's Obama Tough! Obama Controls General Motors" for details updated to yesterday.) The decision of the Obama Administration to force secured debt holders to write off the majority of its secured position (getting $2 billion cash for $6.8 billion of debt) (many of which, including J. P. Morgan Chase & Co. and Citigroup, Inc., have taken government funding in exchange for stock thus indicating a huge conflict of interest) which was guaranteed by bankruptcy and banking law and would have been first in line in a liquidation. Citigroup has received $50 billion plus a guarantee from losses on $301 billion of its assets.

So just to clarify. The U. S. Government which in essence controls J. P. Morgan Chase and Citigroup among hundreds of other financial and other institutions is forcing them to write off almost $5 billion of debt secured by assets of Chrysler. They might receive a 10% iinterest in the company. The United Auto Workers union, one of the key funders of the Obama presidential candidacy, receives a 55% interest in the company, will get payments from Chrysler to partially fund its retiree healthcare, and a note for the rest. Not much. Conflicts of interest and the absolute dismantling the Rule of Law because politicians in power think that's the right -- fair -- thing to do.

Conflicts of Interest:
Union Dues or cost effectiveness
CAFE or live people. (Corporate Average Fuel Economy kills people. 2,000 from 27.5 m.p.g. according to the National Research Council, with the next goal being 35)
Profits for research and development and growth or higher union compensation
Squeezing unions or getting re-elected
Repaying U. S. Treasury or investing in companies
Ethanol and "alternative fuels" or taxpayers' cash

Next up General Motors, mortgage loan modification, credit card rates, student loans,

Or...part of this posting will continue to discuss possibitities for changing or threatening to change laws in order to force campaign contributions to Congresspeople. And first up today: "Industries Push for Free Pollution Credits" Wall Street Journal, Monday, May 4, 2009, P A3(http://online.wsj.com/article/SB124138869928981331.html). It discusses "a growing number of industries are lobbying for free pollution permits in the face of Obama's proposed cap and trade law. While this will have little effect of what human-caused global warming is, it should reap huge amounts of campaign contributions for Democrats. Love of country or extortion?

No comments: