Our Nation in Peril from Government Policies!

By: Richard H. Frank

What has become of the American dream? That picture of a future that included the opportunity, not the right, for any individual to achieve their personal vision of what that dream constitutes. Most Americans of my generation would have described the dream to include the following:

  • The opportunity and choice to secure a good education either academically or vocationally.
  • To be able to provide a better standard of living for our families than that which our parents or grandparents had experienced.
  • The opportunity to own a home that would always be the shelter and sanctuary for our family.
  • The freedom to pursue any endeavor we might chose, including acceptance of the consequences associated with failure.
  • The right to openly participate in and express the religious doctrine of my choice without interference from any individual or government agency.

There are two elements present in each and every aspect of the American dream as described above. First is the reliance on the individual willing to work and pay the price to achieve any and all aspects of that dream. Second, is the limited role of government to provide the opportunity for the individual and to shield that opportunity from undue outside influences.

Unfortunately, over the past 60 years government has expanded their role to become paternalistic with regard to achieving “equality” and “social justice” as opposed to “opportunity” and “justice under the law.” Those individuals that we have elected to represent “We the People” somehow believe that they have been elevated to a position of the “ruling class” and are entitled to meet out opportunity and freedom to the electorate to satisfy their vision of the American dream.

The law of unintended consequences ultimately prevails and results in stifling opportunity and eroding our individual freedoms. More damage has been done to this nation from well intentioned politicians that believe they can legislate morality and equality than from all the natural disasters in America since this nation’s founding.

Today we find ourselves on the brink of the worst economic disaster in over a century predicated on laws passed largely by unthinking legislators willing to rely upon the tenants of Keynesian economics to cure all the Nations ills. The anti-capitalist, anti-free enterprise policies of the congress over the past 10 years and redistributive agenda of the Obama administration bear testimony to the destructive impact they have had on the nation. The outlook for our country is bleak and the prospect of returning to prosperity where we may once again pursue the American dream may now be decades away if to ever be realized again.

Today senior citizens who have relied on the equity built in their real estate investments have seen that equity evaporate and may never return in their lifetime. The dream of spending their “Golden Years” with a sense of security no longer exists. This is directly due to government interference in the mortgage loan industry over the past decade.

Young people view our Social Security System as the greatest Ponzi scheme ever imposed upon a country. They see how Congresses of past decades have raided and squandered the Social Security lock box in the cause of “social justice” at the tune of $2.4 trillion and believe they will never see any portion of their contributions returned.

At one point in history full employment was considered achieved when 95-96% of the workforce was employed. The new norm for full employment according to the revised Obama administration methods for calculating is more closely aligned to 90% employed. This means those working individuals will carry the burden for the 10% of the unemployed workforce and more likely 20% if the under employed are included.

Once again we bear witness to the law of unintended consequences as we see the impact of the 2400 page “Affordable Health Care Legislation” passed by the 111th Congress and signed into law by President Obama. All of the pledges made by President Obama, Harry Reid and Nancy Pelosi are being exposed as the great lies forced upon the American public. It has now been confirmed that costs will rise, coverage will be rationed, and the first step toward a government run single -payer system (nationalized health care) is being taken. All this done under the guise of reducing the national debt, bending the cost curve downward and insuring 30 million uninsured Americans. All these statements exposed as lies and predicted as such when an administration of idealogues and a corrupt Congress continue to govern against the will of the people.

The cancer of liberal progressive ideology has moved our nation to the brink of becoming a socialist welfare state. Changing the dangerous course our country is on will be painful to say the least. That pain will be felt at every level of our society and paid for in terms of altering future entitlement programs and stopping the out of control government spending as we return to the constitutional limitations placed on the Federal Government. The power brokers and special interests that influence Washington can and must be removed through the election of representatives that will speak and vote with the voice of their constituents.

One election will not cure the cancer and it may take a decade or more of intense treatment, likened to chemotherapy, by holding our elected representatives responsible to the electorate to finally cure and rid the Federal Government of those persons governing outside the constraints of our Constitution. Should “We the People” fail to take action and remain vigilant at holding government accountable, the once great American dream will never be realized again by our children or grandchildren.

Set yourself above party politics, educate yourself as to the real issues, and place only those people in government office that support the values and principles ascribed within the American dream. Take the step now toward taking back our country for “We the People” and vote on November 2, 2010.

The Office of the Presidency and “High Crimes and Misdemeanors”

By: Richard H. Frank

The growth of our Federal Government and the usurpation of power by the Executive branch in recent years have approximated the Founders definition of “high crimes and misdemeanors.” Today the public equates the charge to treason, bribery and perjury committed by the President of the United States as high crimes. The Founders reasoned that holders of government office should be held to a higher standard and the real motivation for their inclusion of these terms in Article II Section 4 of the Constitution went far beyond that which would be applied under the law to ordinary citizens. The term “high” referred to those holding “high office” and not the level of the crime in itself. Their understanding of the term “perjury” related to not just lying under oath when giving testimony, but failing to uphold his or her oath of office to which they are elected or appointed.

Article II Section I Clause 8 of the Constitution requires the President to “solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United states.” He is bound by this oath in ALL MATTERS until he leaves office. The Constitution is the supreme law of the land and to be upheld in ALL MATTERS not when it is politically advantageous to do so and ignore when it suits some political ideology or agenda.

In the view of our Founders Congressional members, Presidents and Federal Jurists have all violated their oath of office during recent administrations, and are rarely if ever called to account for their actions. They have committed “high crimes and misdemeanors” in the guise of executive orders or fiat, allowing appointment of Czars, and legislating from the bench. They are guilty of violation of separation of powers and imposition of law through bureaucratic rules and regulations without regard to legislative action.

Any public statement is perjury if it is a lie, and not necessary to deceive the enemy if it involves national security according to John Roland of the Constitution Society in his article entitled “Meaning of High Crimes and Misdemeanors.” Any candidate for high office may make untrue statements during his campaign, but must tread lightly once elected to such office when making claims to further his agenda. A case in point are the many statements made by President Obama regarding the Affordable Health Care legislation recently signed into law which have now been proven to be untrue.

What is even more troubling is the President’s failure, along with the Secretary of Homeland Security, to control the southern border between Mexico and the United States. This is a blatant disregard of their oath of office and presents a material breach of the law that is sufficient to call for impeachment proceedings. Failure to act and uphold the law is no defense against the charge and should be dealt with by the Senate immediately. The President is not immune to prosecution for failure of another government official from performing their Constitutional duty. He by virtue of his office is responsible to see that his appointees uphold the law. He is legally responsible for everything that anyone in the executive branch is doing or not doing to discharge the responsibility of their office. His failure to take action to uphold the law makes him equally guilty of “high crimes and misdemeanors” as envisioned by our Founding Fathers.

If we continue to allow the elected officials in our government, regardless of what branch they function within, to violate their solemn oath we will contribute to the ultimate destruction and elimination of our Constitution. Start now and hold our Federal Government accountable to the true sovereigns “We the People” for upholding their oath of office and not continuing to govern against the will of the electorate.

Remember, “When the people fear the government we have tyranny.” “When the government fears the people we have liberty.” Let liberty prevail!

President Obama’s Unconstitutional Power Grab!

 

By: Richard H. Frank

Under the Constitution the Federal Government was created with three (3) limited areas for governing:

  1. To provide for the military and national security.
  2. Diplomacy with foreign countries.
  3. Regulating interstate and international commerce.

Articles I, II and III of the Constitution enumerate the extent and limitations of powers placed on the Legislative, Executive and Judicial branches of the Federal Government.

Unquestionably, over the past 70 years, various Presidents aided by Congress and activist Judges have subverted the Constitution and over-reached the legitimate powers delegated to them under the “Supreme Law of the Land.” None, however, have gone as far as has Barack Obama to circumvent the Constitution and amass power to the executive office never intended by the framers of that document. His appointment to in excess of 25 Czars to position of authority reviling those requiring Senate confirmation is unprecedented in our country’s history.

Examining the purported function these Czars are supposed to perform brings rise to the question of, “Why these functions are not within the province of the various Cabinet Secretaries?” The answer is simple and clear. If these functions were within the scope of the Cabinet (which in reality they should be) they would be subject to Congressional oversight and the appropriations process. Additionally they would have to report to some Cabinet Secretary and not directly to the President. Obviously Obama wants no such interference from Congress and no intermediary between him and his appointee.

The Founding Fathers created constitutional safeguards against abuse of power by any branch by granting Congress legislative authority to create and fund offices when needed. Creation of such offices provided for the following safeguard controls:

  • Offices created by Congress are subject to oversight. Czars are not.
  • Such offices are included in the “Administrative Procedure Act” requiring hearings on decisions made and documentation to create a paper trail. “APA” makes government transparent. Czars are not covered by the act.
  • Appropriation rests with the Legislative branch and not the Executive. Any function must be included in Congress’s annual budget or it is not funded. Therefore, how are the Czar functions funded?

According to Ken Blackwell and Ken Klukowski, authors of “The Blueprint”, the Czars named by President Obama to positions and/or offices created at his whim or executive fiat are,”most if not all illegal.” The shadow government under Obama consists of the Car Czar, Terrorism Czar, Energy Czar, Urban Czar, Tech Czar, Pay Czar, Gitmo Czar, Green Jobs Czar, Drug Czar, Mideast Peace Czar, Autoworker Czar, Mideast Policy Czar, Climate Czar, Regulatory Czar, Economic Czar and more.

In addition, what about his appointment of Czars (Special Envoys) in lieu of Ambassadors, a position requiring Senate confirmation? Richard Holbrook (Afghanistan and Pakistan), George Mitchell (Mideast Peace) and J. Scott Gration (Sudan) are all examples where, according to Ken Blackwell, the President is guilty of violation of separation of powers and checks and balances as prescribed in the Constitution. Hillary Clinton, Secretary of State, seems to have been relegated to Obama’s third string bench when it comes to selection of Ambassadors and foreign affairs.

I marvel that no one in Congress has challenged this massive power grab as being unconstitutional and placed the brakes on Obama’s rush to neuter them of their remaining constitutional role in government.

All the Presidents’ Men, “The Czars,” are hand picked and accountable to no one other than the President. They have been strategically positioned to further Obama’s radical agenda to “fundamentally change America,” through imposition of legislation such as Health care reform, Cap and Trade, Card Check, Immigration reform, TARP, and the Stimulus coupled with nationalization of private enterprise, our natural resources, and the financial system in America. The 111th Congress will do nothing to challenge Obama and therefore “We the People” must elect representatives in the 2010 mid term election that will stand up against this unconstitutional power grab.

The imposition of any regulations or controls by these Czars lacks validity under the Constitution and should “We the People” cave to them we are abdicating our right to liberty.

Obamacare For Seniors – The Gift That Keeps On Taking!

By:  Richard H. Frank

Easter has come and gone and if you are a senior citizen the President and the 111th Congress left you some surprises in your Easter Holiday basket. The surprises come in the form of Medicare cuts heretofore kept out of the debate and quiet as part of the Affordable Health Care Legislation signed by the President on March 23, 2010. What is no accident is that many of these cuts will take place in 2011 after the midterm elections. Every senior needs to be aware of these changes which will ultimately impact the level of care provided and in some cases cause some hospitals and nursing facilities to refuse to accept Medicare patients. Please keep these facts in mind when your Congressman and Senator tells you that Medicare will be strengthened under this legislation. According to the Congressional committee,” Ways and Means Republicans,” here is what we have to look forward to:

Calendar 2010 changes:

  • Medicare cuts to inpatient psych hospitals. (7/1/10)

Calendar 2011 changes:

  • Medicare Advantage cuts begin.
  • Medicare cuts to home health begin.
  • Wealthier seniors ($85k/$170k) begin paying higher part D premiums.
  • Medicare reimbursement cuts when seniors use diagnostic imaging like MRIs, CT scans etc.
  • Medicare cuts to ambulance services, ASCs, diagnostic labs, and durable medical equipment.
  • Health plans required to spend a minimum of 80% of premiums on medical claims. (Eventually driving them out of business)
  • Prohibition on Medicare payments to new physician-owned hospitals.
  • Seniors prohibited from purchasing power wheelchairs unless they rent for 13 months.
  • New Medicare cuts to long-term care hospitals begin. (7/1/11)
  • Additional Medicare cuts to hospitals and cuts to nursing homes and inpatient rehab facilities begin. (FY12)
  • New tax on all private health insurance policies to pay for comp. eff. Research (plan years beginning FY12)
  • The 3.8% Medicare surtax would hit average, middle-class investors who happen to sell real estate for a significant gain in any particular year.

Calendar 2012 changes:

  • Medicare cuts to dialysis treatment begins.
  • Medicare to reduce spending by using an HMO -like coordinated care model.
  • New Medicare cuts to inpatient psych hospitals. (7/1/12)
  • Medicare cuts to hospitals with high readmission rates begins. (FY13)
  • Medicare cuts to hospice begins (FY13)

Calendar 2013 changes:

  • Eliminate deduction for part D retiree drug subsidy employers receive.
  • Medicarfe cuts to hospitals who treat low-income seniors begins.

Calendar 2014 changes:

  • More Medicare cuts to home health begin.
  • Medicare payment cuts for hospital-acquired infections begins. (FY15)

Calendar 2015 changes:

  • More Medicare cuts to home health begin.

What all this means is that if you are a senior and will be forced to purchase another supplemental health insurance plan in lieu of Medicare Advantage you will not only have to pay a higher premium on the policy but in addition will be taxed on that plan. The limits being placed on reimbursement for seniors using advanced diagnostic methods will result in higher out of pocket costs or being denied the service. Regardless of what Obama says you will be limited in your choice of physicians and hospitals as a result of prohibitions contained in the bill. Should you be fortunate enough to be considered a “Wealthy Senior” you will be penalized for your part “D” Medicare coverage. Just another attempt by the socialists to redistribute what little wealth our seniors have accumulated through hard work all their lives.

Reading between the lines the message is loud and clear; ”seniors no longer contribute, so their value to society should be proportionate to the health care they receive under Medicare”. Obamacare for seniors equals higher costs, limited access to services and ultimately rationed care. Keep this in mind as you cast your vote for representation this coming November.

Obamacare – A Fatal Blow to the Constitution

by Richard H. Frank

One week ago today the Health Care Reform Bill was signed into law by President Obama.  Within days of his signing this disastrous legislation America’s major corporations such as AT&T, John Deere and Caterpillar are reporting the devastating impact this law will have on earnings and the ultimate value to shareholders of the companies themselves.  Like it or not, Mr. President, this is an “intended consequence” in your mission to “fundamentally change America” and redistribute wealth.

But hold on America, we have yet to hear from the insurance industry as to the “intended consequences” for having to accept pre-existing conditions and have their premium structure under Government control.  An example of what will happen has already occurred in Michigan with regard to homeowner insurance.  As a result of the massive unemployment, rate of foreclosures and people walking away from their mortgages and property, insurance claims and risk assessments have risen in Michigan.  Our company presented us with a 35% increase in the yearly premium even though we have never had a claim with them and the assessed value of the property has dropped dramatically.  The same logic will and must prevail with health insurance companies if they are to remain viable and stay in business.  It has already been reported that because health insurance companies now must put aside 85% instead of the old 65% to pay claims caused by the passage of this law, they are projecting that they will be out of business in the private market within 2-3 years, which is another “intended consequence” of Obamacare.  I can safety predict rates for health insurance will rise by a minimum of 30% for the next renewal cycle at the end of the year (well after the mid-term election).  Be sure to keep this in mind next November when you vote for your representatives in Congress who have exempted themselves from the new law.

Since businesses and most individuals will not be able to afford these massive premium increases they will be forced to drop their coverage and either revert to the Government exchanges or simply pay the penalty tax in lieu of being insured.  The more people and businesses forced to take this action, the less revenue will flow to the Government to pay for the reform.  Hence, a new crisis will have been created, and to which the Government must react, and presto, just like magic, Obama will have achieved his ultimate objective to get a single-payer total Government-controlled, socialized health care system for America.  It may take 3 years to reach this goal, but rest assured the progressives are patient and it is all laid out in their plan to “fundamentally change America and the World.”

This battle against socialism has just begun and every thinking American must remain vigilant and stand against financial reform, immigration law reform and cap and trade that would further empower the Federal Government over our lives and further redistribute the remaining wealth of the nation.  Should the Supreme Court fail to overturn the health care law as being unconstitutional, it will have struck the first of many fatal blows to our Constitution and our Republic.  Keep pressure on your State Legislatures to fight the Federal Government and preserve their and our 10th Amendment Rights.

Who’s Afraid of the Big Bad Wolf? Apparently the Democrats

by Jayne D. Frank

What do small kids do when they find themselves in trouble?  Blame their brothers, sisters or friends; anything to avoid repercussions for what they themselves did wrong.  Well our Congress is not any different.  They have dised the American  People, ignored their will, and in large majority voted for this health care debacle which will have deleterious effects for us, our children and our grandchildren for decades to come.  As a result, We the People have spoken – we will vote you out of office in 2010.

The Democrats have been scrambling for what to do about this, and voila!  The anarchists, crazy people and low lifers that are at the fringe of either party, gave them the perfect ammunition this week to attempt to  dissuade the American people from voicing their opinions any longer and perhaps stopping their attempts to replace the Dems in November.  These extremists emailed, called and one even took a shot at a Congressman’s office in the name of this health care vote, so out come the “Democratic talking points.”

They now are generalizing and calling the Tea Party and 912 movements “racist,” “hateful” and downright dangerous.

I for one left my business and my family in Michigan and went to the huge 9/12/09 Washington, D.C. protest and rally which saw about 2 million people put their lives aside to come to Washington to stand for 4-6 hours in the sun, before the Capital Steps, to say “No.”  I personally walked towards the Capital with blacks, Vietnam vets, people in wheelchairs, and  huge amounts of  young adults worried about the debt we were leaving them.  I talked to people in their 70s and 80s, some of whom came to Washington only weeks after knee and hip surgery, to make sure their voices were heard.  We stood with our hand-made signs, and there wasn’t a single incident in Washington of violence from these millions of people who stretched from the Capital to the Washington Monument. Afterwards, there was no trash dumped on the sides of the street, and in fact, the Capital Police said that this was the most respectful crowd that they had seen in a long time come to protest in Washington, D.C.

There are 340 million people in the United States, and a pretty solid 59% of voters, for the last 9 months, have been expressing their disgust and disapproval of the massive Government takeover of healthcare.  We went to town hall meetings, rallied in D. C. on little notice, met with our representatives, wrote Congress and the President, wrote blogs.  Often times, we put aside the desires of our kids to do what was right for them and try to make Congress understand that we did not want this Government-controlled healthcare bill.

We will not permit the dangerous fringe elements and the charges of “racism” from mostly the fringe elements of Congress, to deter us in our quest to turn back the spending, replace the Congressman who voted for this bill, and as Glenn  Beck advocates, restore honor to our Government.

Democrats, you only demean yourselves when you stoop to calling your American constituents names and we will do our job peaceably in November.   The new Administration is well versed in the Alinsky’s philosophy, one part of which is to manufacture crises.  We Americans pray to God that the Government does their job and pursues those truly perverted individuals who would threaten anyone’s life because of passage of a bill.

Death Spiral for Our Republic!

By: Richard H. Frank

History has shown that the life cycle for any Democracy, Republic or Dictatorship is ultimately dependent upon the ideology as the basis of the legitimacy for that form of government. Ultimately should that ideology run contrary to the will of the people it will be replaced either through referendum or revolution.

Our Founding Fathers were true visionaries in that they provided within our Declaration of Independence and the Constitution the peaceful means by which we can perpetuate our Republic. The danger lays with those whom we have elected to represent and speak on our behalf to preserve this nation by adhering to the principles espoused by the Founders.

Today we find an ideology that has crept into the halls of Congress and the Judiciary that runs contrary to many of the principles and values enumerated in our Constitution. Our elected representatives have moved this nation in a direction that will ultimately end in tyranny. Government mandates and regulation reach into every facit of American life. The free enterprise system which has been the engine powering the phenomenal growth in our economy is being assaulted daily by the statist progressives currently in control of the Federal government.

It was announced today that Social Security payments would exceed revenues collected for the first time since the program was enacted in 1935. The Social Security Trust Fund will now have to redeem some of the $2.4 Trillion in IOU’s to meet the promises to pay our senior citizens. Of course the Federal government doesn’t have the money to pay with so they will either borrow more from nations like China and increase the deficit further, or just print more dollars further eroding the value of our currency.

As a Nation we can no longer afford unfunded mandates. Social security and Medicare alone represent $42 Trillion that will have to be borne by future generations. As for those politicians and individuals that assert the United States will never become bankrupt, I would refer them to history and the demise of the Weimar Republic 80 short years ago.

If our elected representatives were to remove their ideologically tinted glasses, and view our situation for what it really is, they would never have voted to pass the Health Care Reform legislation now law in America. George Orwell, author of the novel 1984, was a visionary with regard to how America would look if ever governed under tyranny. He was, however, off by about 100 years in his projection of when it would happen. Should we as a Nation continue to believe that big government and the nanny state are the only solutions to problems in America, then we have preordained the death of the republic.

There is still time to reverse course and return America to a nation governed from the center and not influenced by radicals at either end of the political spectrum. Study history to recognize the warning signs and elect representatives that will uphold the vision of our Founders and our Constitution. This the only way to stop the death spiral of our Republic.