Posts tagged ‘congress’

This excerpted article, by Charley Reese, former columnist of the Orlando Sentinel Newspaper, does give a dramatically different money management perspective than the one we hear from our government in Washington D.C.

“Politicians are the only people in the world who create problems and then campaign against them.

Have you ever wondered, if both the Democrats and the Republicans are against deficits, WHY do we have deficits?

Have you ever wondered, if all the politicians are against inflation and high taxes, WHY do we have inflation and high taxes?

You and I don’t propose a federal budget. The President does.

You and I don’t have the Constitutional authority to vote on appropriations. The House of Representatives does.

You and I don’t write the tax code, Congress does.

You and I don’t set fiscal policy, Congress does.

You and I don’t control monetary policy, the Federal Reserve Bank does.

One hundred senators, 435 congressmen, one President, and nine Supreme Court justices, 545 human beings out of the 300 million are directly, legally, morally, and individually responsible for the domestic problems that plague this country.

I excluded the members of the Federal Reserve Board because that problem was created by the Congress. In 1913, Congress delegated its Constitutional duty to provide a sound currency to a federally chartered, but private, central bank.

I excluded all the special interests and lobbyists for a sound reason. They have no legal authority. They have no ability to coerce a senator, a congressman, or a President to do one cotton-picking thing. I don’t care if they offer a politician $1 million dollars in cash.

The politician has the power to accept or reject it. No matter what the lobbyist promises, it is the legislator’s responsibility to determine how he votes.

Those 545 human beings spend much of their energy convincing you that what they did is not their fault. They cooperate in this common con regardless of party.

What separates a politician from a normal human being is an excessive amount of gall. No normal human being would have the gall of a Speaker, who stood up and criticized the President for creating deficits. The President can only propose a budget. He cannot force the Congress to accept it.

The Constitution, which is the supreme law of the land, gives sole responsibility to the House of Representatives for originating and approving appropriations and taxes. Who is the speaker of the House? Nancy Pelosi. She is the leader of the majority party.

She and fellow House members, not the President, can approve any budget they want. If the President vetoes it, they can pass it over his veto if they agree to.

It seems inconceivable to me that a nation of 300 million can not replace 545 people who stand convicted — by present facts — of incompetence and irresponsibility. I can’t think of a single domestic problem that is not traceable directly to those 545 people. When you fully grasp the plain truth that 545 people exercise the power of the federal government, then it must follow that what exists is what they want to exist.

If the tax code is unfair, it’s because they want it unfair.

If the budget is in the red, it’s because they want it in the red .

If the Army and Marines are in Iraq, it’s because they want them in Iraq.

If they do not receive social security but are on an elite retirement plan not available to the people, it’s because they want it that way.

There are no insoluble government problems.

Do not let these 545 people shift the blame to bureaucrats, whom they hire and whose jobs they can abolish; to lobbyists, whose gifts and advice they can reject; to regulators, to whom they give the power to regulate and from whom they can take this power. Above all, do not let them con you into the belief that there exists disembodied mystical forces like “the economy,” “inflation,” or “politics,” that prevent them from doing what they take an oath to do.

Those 545 people, and they alone, are responsible.

They, and they alone, have the power.

They, and they alone, should be held accountable by the people who are their bosses.

Provided the voters have the gumption to manage their own employees.

We should vote all of them out of office and clean up their mess!”

Go Vote

Original Source Article: Reese, Charley “Looking For Someone To Blame? Congress Is A Good Place To Start.” 7 March 1995, Orlando Sentinel (Page A8)

Why do the media and Congress seem surprised about the current credit crisis? I’ve been warning my clients about it for years. The effects of greed, poor money management practices and betrayal of consumers’ trust have been building and are now being exposed in every dark corner of the credit market. The days when practically any business still open could get a bank loan are long gone. The good news is that there are alternatives.

Despite the sub-prime meltdown negatively affecting the credit markets and the dramatic change in the rules of lending, it is still possible to qualify for business equipment leases. Yes, it’s tougher to get the capital you need to grow, but there are things you can do to increase your chances of qualifying for a loan or lease. Here are some suggestions that will help:

Check your credit regularly and take steps to improve your score. Underwriters have always placed a lot of importance on credit scores because it reflects the debtor’s ability to take care of obligations in a timely manner. Lenders are obviously nervous today, so a credit score of 675 or higher is even more critical. It is a smart money management practice to check your score on a regular basis and carefully review the information. In a 2004 study, it was found that 4 out of 5 credit reports contain errors that can be detrimental to your credit standing. These errors include, but are not limited to:

  1. Inaccurate personal information and out-of-date addresses.

  2. “Closed” accounts listed as “open”, like a student loan paid off but showing delinquent.
    .
  3. The same mortgage or loan listed twice.
  4. Major loans or mortgages that have been paid off or timely serviced not listed at all.

If you find an error on your report, write a letter or e-mail to the credit bureau. The bureau is obligated to contact the creditor who supplied them with the disputed information and then respond to you within 30 days. If you are unhappy with how the claim is settled, you can ask to have a brief written explanation added to the bottom of your credit report.

To improve your score, you need to take steps to resolve any items that are showing up as delinquent and those in which a judgment or lien has been filed. Make it a priority to pay credit cards and loans on time each month.

Pledge additional collateral. Some lenders who might otherwise turn down your application for a business loan or equipment lease may change their minds if you increase the collateral base. This might add a comfort level in the event things to south. Additional collateral might include specific assets from another business that is free and clear, rental property, or equity in a personal residence.

Exercise Caution: Remember, the only time you can negotiate is up front. Once you’ve signed the contract, you are obligated. Here are a few things to know and understand about equipment leasing:

First, use a broker and make sure he has an adequate number of leasing companies he deals with. A broker worth his salt will pick the right lender for your situation and needs. Don’t just pick a lender. Make them compete. Once a vendor has your account, there’s not much willingness to negotiate. I am very selective when I refer a broker to my clients.

Second, look over equipment leasing contracts carefully. Study the words, sentences and paragraphs to make sure you understand exactly what is being said. Make notes and question obscure language. Send the document to your attorney for review and request that changes you want be made. Have your attorney contact the leasing company to negotiate the most favorable terms for you.

Once all the negotiations are done, READ THE FINAL CONTRACT BEFORE YOU SIGN IT! I know a business owner who got burned for not doing this one step. The negotiated price for the equipment was $695,000 and in the final contract the numbers had been transposed by the lender to read $965,000. My client signed the contract without checking that and is having to pay the additional $270,000 for the equipment for that one little mistake. They didn’t check the final version. OUCH!

Third, look toward the future and ask the lender the important questions now. Will future upgrades and additional needs be provided? Will the lender help with regulatory changes? What about flexibility at the end of the lease? Know your equipment. Will it become obsolete during the lease term? Will you need more of it?

Fourth, you need to understand that most equipment leases start with acceptance or commencement of the contract. On that date, you inspect the equipment and pronounce it fit for service. Then it’s yours, even though the equipment is in a warehouse or in a truck on its way to you. Your lease shouldn’t begin until you’re using the equipment successfully. Be sure your attorney writes that into the contract for you.

Speaking of using the equipment successfully, all equipment leases include a non-negotiable clause that makes you pay regardless of whether the equipment works. Unless you love paying for equipment that just sits there, be certain it operates when you accept it. If the equipment is complicated, put an expert on it. Remember, once you accept, you pay every month, period.

Early lease termination probably is the most common problem because you can’t sell goods under a lease. You’re a lessee, not an owner. The lease termination price is usually the total of all payments remaining. Your attorney can add provisions for early termination, early buyout, subleasing and assignment to protect you, but those clauses are not going to be in the deal at all unless you put them there.

Another key provision to check to protect you when the lease ends is the de-installation date. Do you pay for dismantling the equipment, crating it and shipping it or does the lender pay for that? Don’t take anything for granted. Most form leases require shipment to anywhere in the United States. Maybe you can cap that, or limit it to a specific distance such as 100 miles. If you want to keep items, can you do so and still send back part of the equipment?

Most leases state a “fair market value” at which you’ll return goods. You need to understand how that’s calculated and what charges it includes. Good money management policies include talking with your accountant to be sure you understand the numbers and what they mean.

Equipment leasing continues to be one of the ways you can bolster your chances of getting credit during a period in our history where it can be very challenging, even for the most deserving. If you would like information about sources for equipment leases, contact Sandra Simmons at 727.448.1011 or email her at Sandra@MoneyMgmtSolutions.com

While the media is spinning story after story about the Presidential Campaigns, and Obama and McCain are chanting “Change, Change, Change,” I am asking “How, How, How are you going to do that?”

First, and most obvious, there is no power vested in the power of the President to enact law. That power is fully invested in the power of the Congress according to our Constitution. Let me repeat that. The Constitution does not empower the President to make law.

Executive Orders issued by the President that bind the entire nation are illicit because, as noted above, “All legislative powers” are possessed by Congress. An Executive Order that binds only the employees of the federal government (such as granting a holiday) is proper because the President should be considered to be the holder of power much like that possessed by the CEO of a company. But the entire nation is not in the employ of the President.

What power does the elected President have? The President does have a role in lawmaking with his possession of a veto. He can veto a measure approved by Congress (which can be overturned by a two-thirds vote in each house of Congress), or simply allow it to become law by doing nothing within 10 days, “Sundays excepted.”

Both candidates are saying they are going to cut income taxes, balance the budget deficit, straighten out the US economy, stop the wasteful spending, rehabilitate the Social Security system or provide affordable healthcare and health insurance to every citizen but, what they aren’t telling us is how they are going to get Congress to do that.

Second, it is an obvious mistake to think that cutting taxes will fix the government’s economy and allow the budget deficit to get handled. Any ordinary individual knows that in order to pay off debt, more income is needed. If enough income were made in the first place, of course, there would be no need to take on debt. Debt is simply a function of spending money you don’t have.

Since the government produces no income of their own and they just take it from us taxpayers, then if they take less income from us, they will have to borrow more money to fund all of their projects and that means a BIGGER budget deficit.

Smart money management requires working both ends; consistently raising gross income while cutting unnecessary spending to live within your budget. In all the years I have been around, I have never seen the US government demonstrate their ability to do this simple money management survival action.

What is the price of attaining financial freedom? It really is very simple. Make a ton of money, spend less than you make, don’t contract for any debt you cannot immediately pay with cash, and set money aside for the future survival of the organization.

Wednesday, September 17th, is Constitution Day – a day specifically designated by an act of Congress when Americans are supposed to honor the remarkable document that created our system of government. The date was chosen because the Constitution was approved at the original Constitutional Convention on September 17, 1787. How well do you know your Constitution? How well do Mr. Obama and Mr. McCain know our Constitution? Perhaps we should ask them about this by insisting they tell us HOW they intend to make all of these new changes which require new laws be passed.

Today, Wednesday, September 17th, is Constitution Day – a day specifically designated by an act of Congress when Americans are supposed to honor the remarkable document that created our system of government.

The date was chosen because the Constitution was approved at the original Constitutional Convention on September 17, 1787. The act that created Constitution Day mandates that all publicly funded educational institutions provide educational programming on the history of the American Constitution on that day.

Let’s see how well the schools have done their job. Ask a recent high school or college graduate to take the following brief quiz. I would be interested to hear how many of the 25 questions he or she answers correctly. And be sure to take the quiz yourself, too. Even if you score 100%, it’s good to be reminded of some of the fundamental principles that our country was founded on.

1. Has the Constitution always guided our country?

1. No. Originally the nation functioned under the Continental Congress and the Articles of Confederation. Eleven years after the Declaration of Independence, the Constitution was written, agreed to, and sent to the states for ratification. When ratified by nine states (as the document itself prescribed), the Constitution was declared to be the new governmental system. That occurred on September 13, 1788. The new government was ordered to be convened on March 4, 1789.

2. What are the three branches of government named in the Constitution?

2. Legislative, Executive and Judicial.

3. Does the Constitution allow the Supreme Court to make law?

3. No. The very first sentence in the Constitution states: “All legislative powers herein granted shall be vested in a Congress of the United States….” Any Supreme Court decision is the law of the case that binds only the plaintiff and the defendant. The meaning of the word “all” has not been changed.

4. Does the Constitution empower the President to make law?

4. No. Executive Orders issued by the President that bind the entire nation are illicit because, as noted above, “All legislative powers” are possessed by Congress. An Executive Order that binds only the employees of the federal government (such as granting a holiday) is proper because the President should be considered to be the holder of power much like that possessed by the CEO of a company. But the entire nation is not in the employ of the President. The President does have a role in lawmaking with his possession of a veto. He can veto a measure approved by Congress (which can be overturned by a two-thirds vote in each house of Congress), or simply allow it to become law by doing nothing within 10 days, “Sundays excepted.”

5. Does the Constitution give the federal government any power in the field of education?

5. No. The Constitution contains no mention of any power “herein granted” in the field of education.

6. Where in the Constitution is there authorization to dispense foreign aid?

6. No such authorization appears in the Constitution.

7. Does the Constitution mandate a minimum age for a Senator?

7. Yes. To be a senator, one must be 30 years of age. He must also be nine years a citizen of the United States and an inhabitant of the state he will serve as a senator.

8. What are the Constitutional requirements for a person to be President?

8. A President must be a natural-born citizen (not an immigrant who became a citizen), must be 35 years of age, and must have lived in the United States at least 14 years.

9. Did the Constitution give the federal government power to create a bank?

9. No. Congress was granted power to “coin money,” meaning it was to have power to create a mint where precious metal could be stamped into coinage of fixed size, weight and purity. There is no constitutional authority for the federal government to have created the Federal Reserve.

10. Can the provisions of a treaty supersede the Constitution?

10. Absolutely not. Thomas Jefferson responded to those who consider treaty-making power to be “boundless” by stating, “If it is, then we have no Constitution.”

11. Does the Constitution allow a President to take the nation into war?

11. It does not. The sole power to declare the nation at war is possessed by Congress. Congress last used this power at the beginning of World War II when war was declared on Japan after the attack on Pearl Harbor. (Germany declared war on the U.S. the next day.) A congressional vote to authorize the President to enforce UN Security Council resolutions should never be considered a substitute for a declaration of war.

12. Can you name any of the four crimes mentioned in the Constitution?

12. The four crimes mentioned are: Treason, bribery, piracy and counterfeiting.

13. Should the Bill of Rights be considered part of the original Constitution?

13. Many do hold that view because if the promise to add a Bill of Rights had not been made during the ratification process, some states would not have ratified the Constitution.

14. According to the Constitution, how can a President and other national officers be removed from office?

14. The President and other high officers of the federal government can be impeached by a majority in the House and tried by the Senate. Impeachment does not constitute removal; it should be considered the equivalent of an indictment that must be followed by a trial. Two-thirds of the senators “present” must approve removal at the subsequent trial to effect removal.

15. What authority does the Constitution give to the Vice President?

15. The Vice President stands ready to take the office of President if a president shall die or become incapacitated (as defined in the 25th Amendment). He is also the President of the Senate and has the power to break a tie vote should one occur.

16. How many amendments have been added to the Constitution?

16. There are 27. The first ten (the Bill of Rights) can be considered part of the original Constitution. Amendment 18 was repealed by Amendment 21. This means that, in 220 years, only 15 other amendments have been added. The process was deliberately made difficult to keep anything dangerous or silly from being added to the Constitution in the heat of passion.

17. How is an amendment added to the Constitution?

17. Congress can propose an amendment when two-thirds of both houses of Congress vote to do so. Any proposed amendment must then be ratified by the legislature or a convention in three-quarters of the states. Amendments can also be proposed by a federal constitutional convention called by two-thirds of the states. Any amendment arising from a constitutional convention must also be ratified by the legislature or a convention in three-quarters of the states.

18. Does the Constitution say anything about illegal immigration?

18. Not directly. But Article IV, Section 4 assigns to the federal government the duty “to protect each of them [the states] from invasion.” It does not specify that the invasion must be military. When 20 million enter our nation illegally, it is an invasion that should be repelled by the federal government.

19. What is the process mentioned in the Constitution for adding new states to the union?

19. By a majority vote in each House of Congress, a new state can be added to the union. This was done twice in 1958 to welcome Alaska and Hawaii as the 49th and 50th states.

20. Is the term of a President limited by the Constitution?

20. Yes. In 1951, Amendment 22 was added to the Constitution to limit any president to two terms. The only president who served longer than two terms was Franklin Delano Roosevelt, who held office during a fourth four-year term. He died in April 1945 shortly after beginning his 13th year in office.

21. Which part of the federal government holds “the power of the purse”?

21. The House of Representatives. Article I, Section 7 states: “All bills for raising revenue shall originate in the House of Representatives….” If a majority in the House (218 of its 435 members) refuses to originate a bill to raise revenue for any particular purpose, no funds can be raised for that purpose.

22. Does the Constitution provide a method for expelling a member of Congress?

22. Two-thirds of each house has the authority to expel any of its members for cause even though the member has been elected by voters.

23. What does the Constitution say about financing an army and a navy?

23. Congress can raise an army but “no appropriation of money” to fund it shall be for longer than two years. And Congress can provide for a navy without that same restriction regarding funding. Why? The men who wrote the Constitution feared the possibility that a standing army housed within the nation might arise and seek to take power. But they did not fear that a navy would try to do so, because a navy and its weaponry did not reside within the nation, only at sea or at coastal seaports.

24. How many times is the word “democracy” mentioned in the Constitution?

24. The word “democracy” does not appear in the Constitution. Our nation is a Constitutional Republic, not a Democracy. The Founders feared Democracy (unrestricted rule by majority) and favored a Republic (rule of law where the law limits the government). James Madison wrote: “…. Democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths.”

25. Does the Bill of Rights grant the people free speech, freedom of the press, the right to possess a weapon, etc?

25. No. The Declaration of Independence, which provides the philosophical base of our nation, states very clearly that our rights are granted to us by our “Creator.” The various rights noted in the Bill of Rights were not granted by government. The purpose of the Bill of Rights is to prevent the federal government from suspending any of those God-given rights, including the right to possess a weapon. Those who claim “Second Amendment rights,” for instance, make a big mistake with such a statement. If the right is granted by the Second Amendment, meaning by government, it can be taken away by government. If the right is granted by God, only He can take it away.

It wasn’t as easy as you thought it would be, was it? I wonder how well the President and the members of the Congress would score on this quiz, both Democrats and Republicans alike.

What would this country be like if the Constitution were fully and honestly enforced today? Would the US Economy be suffering from the current meltdown, or would the US be at war? Would better money management principles be in use when spending our income tax dollars? I hope some day we’ll come a lot closer to finding out than we are today.

RECOMMENDED READING: This recommendation is not meant to imply you are a dummy. This book just avoids getting overwhelmed by the difficult, scholarly academic language that tends to put you to sleep, or into a tailspin, or diving into a dictionary every 3 seconds.

Constitution For Dummies

Constitution For Dummies

U.S. Constitution For Dummies

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