What cap and trade means to homeowners - it's not pretty

The cap and trade bill was over a thousand pages when it reached the floor of the House for a vote. At 3:00am the night before debate, Democrats filed a manager's amendment to the bill that contained hundreds of pages of technical changes with virtually no time to read and digest what those changes would mean for the average American consumer. Now that the dust has settled from the House vote, information is beginning to leak out on what is actually in the cap and trade bill as passed by the House. With each passing day, it becomes even more clear why Congressman Shuster voted no on cap and trade.

One of the arguments made by House Republicans during the debate on cap and trade was that it stamped a one-size fits all mandate for home energy efficiency standards with a load of unfunded mandates on the states. Essentially, it would take California's building code and apply it to all 50 states, from Maine to Alaska and Pennsylvania. A post on the American Issues Project's blog goes into more detail on what this actually means to homeowners. If you own a home, or are in the market for a home, read this post.

Hat tip: American Issues Project

Do Police Have a Duty to Protect You?

Legally, NO.

Countless court cases attest to this fact.  The police have a duty to investigate the crime but not to protect the victim.  Ironically, once they take a suspect into custody, they do have a duty to protect him or her even from themselves.

The first case which established the general rule that police have no duty under federal law to protect citizens is DeShaney v. Winnebago County Department of Social Services.   In this case, Petitioner is a child who was subjected to a series of beatings by his father, with whom he lived.   Respondents, a county department of social services and several of its social workers, received complaints that petitioner was being abused by his father and took various steps to protect him;  they did not, however, act to remove petitioner from his father's custody.  Petitioner's father finally beat him so severely that he suffered permanent brain damage and was rendered profoundly retarded.   The U.S. Supreme Court dismissed this case with this statement: There is no merit to petitioner's contention that the State's knowledge of his danger and expressions of willingness to protect him against that danger established a "special relationship" giving rise to an affirmative constitutional duty to protect.  

Likewise, Warren v. District of Columbia is one of the leading cases of where police were absolved from protecting the victims, who called the police and reported a crime in progress.  They phoned the police several times and were assured that officers were on the way.  When after 30 minutes they went to check on their friend who was assaulted, they became the next victims.  The facts before the court were: For the next fourteen hours the women were held captive, raped, robbed, beaten, forced to commit sexual acts upon each other, and made to submit to the sexual demands of their attackers.  See: The Police: No Duty To Protect Individuals

The three women sued the District of Columbia for failing to protect them, but D.C.'s highest court exonerated the District and its police, saying that it is a "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen."Warren v. District of Columbia, 444 A.2d 1 (D.C. Ct. of Ap., 1981).

It gets worse in Freeman v. Ferguson a police chief directed his officers not to enforce a restraining order against a woman's estranged husband because the man was a friend of the chief's. The man subsequently killed the woman and her daughter.  

In Riss v City of New York, 22 N.Y. 2d 579, 293 NYS2d 897, 240 N.E. 2d 860 (N.Y. Ct. of Ap. 1968), the judge acknowledged that the city's gun laws prevented her from arming herself but the case was still dismissed.  

Peter Kasler states, "Because the police have no general duty to protect individuals, judicial remedies are not available for their failure to protect. In other words, if someone is injured because they expected but did not receive police protection, they cannot recover damages by suing ... Despite a long history of such failed attempts, however, many, people persist in believing the police are obligated to protect them, attempt to recover when no protection was forthcoming, and are emotionally demoralized when the recovery fails. Legal annals abound with such cases. "Police Have No Duty To Protect Individuals

Related Cases: 
Calogrides v City of Mobile, 475 So. 2d 560 (S.Ct. Ala. 1985), 

Morris v Musser, 478 A.2d 937 (1984), 

Morgan v District of Columbia, 468 A.2d 1306 (D.C. Ct. of Ap. 1983), 

Davidson v City of Westminster, 32 C.3d 197, 185 Cal. Rptr. 252, 649 P.2d 894 (S. Ct. Cal. 1982), 

Chapman v City of Philadelphia, 434 A.2d 753 (Sup. Ct. Penn. 1981), 

Sapp v City of Tallahassee, 348 So.2d 363 (Ct. of Ap. Fla. 1977), 

Simpson's Food Fair v Evansville, 272 N.E. 2d 871 (Ct. of Ap., Ind.), 

Silver v City of Minneapolis, 170 N.W.2d 206 (S.Ct. Minn. 1969), 

Keane v City of Chicago, 98 Ill. App.2d 460, 240 N.E.2d 321 (1968). 

Bowers v DeVito, 686 F.2d 61 (7 Cir. 1982),  

Balistreri v. Pacifica Police Department 901 F.2d 696 (9th Cir. 1990). 

McKee v. City of Rockwall, Texas, 877 F.2d409 (5th Cir. 1989), cert. denied, 110 S.Ct.727 (1990). 

Thurman v. City of Torrington, 595 F.Supp.1521 (D.Conn. 1984).

U.S. Tax System explained in Beer

U.S. Tax System explained in Beer

 

Suppose that every day, ten men go out for beer and the bill for all ten comes to $100. If they paid their bill the way we pay our taxes, it would go something like this: The first four men (the poorest) would pay nothing. The fifth would pay $1. The sixth would pay $3. The seventh would pay $7. The eighth would pay $12. The ninth would pay $18. The tenth man (the richest) would pay $59.

 

So, that's what they decided to do. The ten men drank in the bar every day and seemed quite happy with the arrangement, until one day, the owner threw them a curve. 'Since you are all such good customers,' he said, 'I'm going to reduce the cost of your daily beer by $20. 'Drinks for the ten now cost just $80. The group still wanted to pay their bill the way we pay our taxes so the first four men were unaffected. They would still drink for free. But what about the other six men - the paying customers? How could they divide the $20 windfall so that everyone would get his 'fair share?' They realized that $20 divided by six is $3.33. But if they subtracted that from everybody's share, then the fifth man and the sixth man would each end up being paid to drink his beer. So, the bar owner suggested that it would be fair to reduce each man's bill by roughly the same amount, and he proceeded to work out the amounts each should pay. And so the fifth man, like the first four, now paid nothing (100% savings). The sixth now paid $2 instead of $3 (33% savings). The seventh now pay $5 instead of $7 (28% savings). The eighth now paid $9 instead of $12 (25% savings). The ninth now paid $14 instead of $18 ( 22% savings). The tenth now paid $49 instead of $59 (16% savings).

 

Each of the six was better off than before. And the first four continued to drink for free. But once outside the restaurant, the men began to compare their savings. 'I only got a dollar out of the $20,' declared the sixth man. He pointed to the tenth man,' but he got $10! ''Yeah, that's right,' exclaimed the fifth man. 'I only saved a dollar, too.. It's unfair that he got ten times more than I! ''That's true!!' shouted the seventh man. 'Why should he get $10 back when I got only two? The wealthy get all the breaks! ''Wait a minute,' yelled the first four men in unison. 'We didn't get anything at all. The system exploits the poor! 'The nine men surrounded the tenth and beat him up. The next night the tenth man (the richest) didn't show up for drinks, so the nine sat down and had beers without him. But when it came time to pay the bill, they discovered something important. They didn't have enough money between all of them for even half of the bill!

 

And that, boys and girls, journalists and college professors, is how our tax system works. The people who pay the highest taxes get the most benefit from a tax reduction. Tax them too much, attack them for being wealthy, and they just may not show up anymore. In fact, they might start drinking overseas where the atmosphere is somewhat friendlier.

 

Thank you, from Jimmy Greene.

 

 

 

"If the Democrats can't even run a primary without bankrupting themselves, how can they run the country?"  Nick PISHVANOV

 

Joe's Maxim:

That which is taxed is reduced, while that which is subsidized is increased.

Tags: taxes

Michelle's let's talk about the little people and convince them we care speech.

Just last week, in her speech to the Democratic Convention, Saint Michelle OBAMA claims she left behind a lucrative law practice to work for the "people."  Translated into "liberalspeak" Low pay but  emotionally rewarding.   This is her statement:

And in my own life, in my own small way, I’ve tried to give back to this country that has given me so much. That’s why I left a job at a law firm for a career in public service, working to empower young people to volunteer in their communities.

The truth she failed to mention is that she was paid quite handsomely (her annual salary increased from $121,910 to $316,962) to be a Vice President at University of Chicago Hospital.  I quess that is Michelle OBAMA's version of public service. 

Tags: Michelle OBAMA, Election 2008, Public Service, OBAMA

When will Vincent FUMO of Pennsylvania pay?

On February 6, 2007, a Federal grand jury named him in a 139-count indictment, alleging mail fraud, wire fraud, conspiracy, obstruction of justice and filing a false tax return. Charges include his use of state workers to oversee construction of his mansion.  They also charge the he used state workers to work on his farm and to spy on his ex-wife . Notwithstanding those charges, the indictment also accuses him of misusing $1 million of state funds and $1 million from his charity for his personal and campaign use as well as commandeering yachts from the Philadelphia Seaport Museum for personal travel.

 

Immediately before the indictment was handed down, Fumo resigned from his position as the ranking Democrat on the Appropriations Committee.  He vowed to fight the charges.

 

On March 12, 2008, at a press conference at the Pennsylvania Convention Center in Philadelphia, Fumo announced he was dropping his bid for reelection citing the charges against him leave "a cloud hanging over [his] head."  However, at the insistence of Governor Ed Rendell, who was present at the press conference, "Vinny from Philly" will be completing his current term which does not end until after the November election.  If you missed it, Governor Ed would have still endorsed this guy for re-election, "All he has to do is ask."  Do birds of a feather truely flock together? 

Tags: corruption, Pennsylvania Politics, Fumo, Rendell

Baqubah Surge

On July 15, 2008, there was a suicide bombing here at FOB Gabe.  I was not here for the event, but two bombers infiltrated into a group of Iraqi Army recruits at the Entry Control Point to FOB Lion (Saad) the Iraqi side, and blew themselves up about a minute apart.  According to news reports “two bombers blew themselves up minutes apart among recruits at a U.S.-Iraqi army base in the eastern suburbs of Baqubah, killing 27 people and injuring 68, Iraqi security officials said….  A member of the Diyala province security operations command said Sunni and Shiite Muslim tribal leaders had been asked to send recruits to join a new offensive against insurgents who have terrorized the eastern Iraqi province….  Iraqi officers were organizing the recruits outside the main entrance to the Saad base when the explosions went off in quick succession, a familiar tactic of Sunni insurgents. No U.S. casualties were reported.”  (http://www.latimes.com/news/nationworld/world/la-fg-iraq16-2008jul16,0,7370032.story )

Days later, al Jazeera announced the Iraqi’s surge in Baqubah to root out the AQI elements that have reportedly moved back into the area. They are sick and tired of these zealots killing their brothers.

Now, for some good news, it would seem that these bombers had the same effect as the German bombers of London did in WW2; their resolve was strengthened.  Iraqis are doing the heavy lifting for this surge in Baqubah. 

They are flying their own Air Force helicopters and they are professional.  They fly UH1's that I suspect have been around since we used to like “So Damn Insane” but I must admit, I did not do a tail number search to verify.  The pilots are mission ready and rated on Night Vision Goggles (NVG’s).   I do not worry about getting out of their way as they ferry in and out of our LZ.  One of the pilots flew with the “Night Stalkers” at Ft. Campbell and was rated in a Kiowa on NVG’s. 

The Iraqi Special Forces are well disciplined and trained troops -- not like the previous bullet sponges we saw with the police and the Iraqi Army of the past.  The Iraqis are getting their hands dirty and taking some initiative.  They take their wounded to their hospitals and don’t expect us to Medevac them in our UH-60’s.  It takes time. 

They are rounding up the insurgents and taking them in and out of their base to do the interrogations needed to root out this plague. 

Tags: Iraq, Baqubah, Iraqi Air Force

Man Accidentally Shoots Himself while Robbing a "Would-Be" Robber

Turn about:
	Roland Scott, while staring down a shotgun in West Baltimore, decided to fight back. Scott, brandishing a fake replica handgun, wrestled the shotgun away from the would be robber. Then while standing in the middle of Laurens Street, ordered the robber to strip. Scott then relieved him of $800, demanded a cell phone and more money.  Then began to beat him with the same shotgun he just took off the "robber." In the ensuing "pistol whipping" with the shotgun, the shotgun accidentally discharged, hitting Scott in the stomach and killing him. The "robber" then fled and was later arrested at the hospital. Charges of murder were not filed after a witness corroborated the events but it remains undetermined if the "robber" will face charges for armed robbery.  As an aside, the "robber" said he needed money for "his rent and for pharmacy school."  Who teaches this class, another "street pharmacist?"  Is that why he needed to be packing a shotgun at 0400 hours?
	Source: http://www.baltimoresun.com/news/local/baltimore_city/bal-md.ci.shooting28mar28,0,5234060.story

Tags: Crime,