Tag: Congress

Every Government Office and Agency Actually Mentioned in the Constitution

So, this is meant to give some perspective. A lot of the government offices we count on and see as “normal” are created after the fact. A few that are perennial targets are Constitutionally mandated. You are welcome to double check against any copy, but I’m using the version up at the National Archives.

Article I.

Section 1: the Congress, including the House of Representatives and Senate.

Section 2: Representatives, “electors” (now known as voters), and taxes. Regular “enumeration” of citizens (the Census), and a Speaker of the House.

Section 3: Senators, the Vice President, and President Pro Tempore. The President, Chief Justice of the Supreme Court, and Impeachment are also mentioned here, but more on them later.

Section 5: Congressional records. Of course the Founding Fathers never envisioned TV, but C-SPAN is an interesting way of supplementing those records.

Section 6: Ok, nothing new is created here. I just wanted to point out that you can’t arrest a member of Congress on his way to a session unless it’s for “Treason, Felony and Breach of the Peace.”

Section 7: Bills and laws.

Section 8: This is a really meaty section on what Congress can do. They create money, regulate commerce and immigration, declare war, make laws, etc. Agencies created here include the Post Office, roads (so mail can be delivered), courts under the Supreme Court, the Navy, and the “Militia.” It’s worth noting that by the time this was written, the Marines were already a well established thing.

Article II.

Section 1: The President and Electoral College are officially created here.

Section 2: The Commander in Chief is also the President.

Section 3: The State of the Union address.

Section 4: Impeachment. Huh, pretty short Article here.

Article III.

Section 1: The Supreme Court and “inferior” courts.

Section 2: “Ambassadors, other public Ministers and Consuls” are mentioned.

Section 3: Treason is a thing.

Article IV.

Section 2: Interstate extradition is a thing.

Section 3: How Baby States Are Made.

Articles V, VI, and VII

Constitutional Amendments are a thing. The National Debt — yes, really. Ratification.

Please note how few things really spring directly from the Constitution. No law enforcement agencies whatsoever: no FBI, Federal Marshals, or anything of the sort. Taxes but no tax agencies. Immigration but no immigration offices. Not a word about any sort of schools or colleges. While the Interstate Highway System or Department of Transportation isn’t mentioned, one can argue that they stem from the postal road system. No political parties.

I hope you have found this interesting reading.

Taxing my patience

So Slate has this article about how the Republicans are trying to kill something called the Mortgage Interest Deduction. Other sources are piling on to this interpretation, spurred on my my least favorite economist, Lawrence Yun. For those not familiar with the tax code, that’s the bit that allows people who are paying on a mortgage to deduct the portion of the mortgage payment that is interest on the loan — not the whole payment. Technically, you’re also allowed to deduct certain other fees and property taxes.

Here’s the problem: it’s not at all true. The actual proposal is to almost double the standard deduction to $24,000. If you actually have more than $24,000 in deductions, you’ll still be able to claim the Mortgage Interest Deduction. However, for most people this standard deduction is high enough that they won’t need to itemize. Even Slate admits that some experts say this will benefit roughly 38,000,000 taxpayers!

The first benefit is that most people will have simpler taxes. No more complicated deductions to figure out. No more keeping track of documents from the mortgage company and all those little slips of paper you got from donating to charity. Congrats, your taxes may well be reduced to one document and an hour with TurboTax.

The second benefit is a little trickier. The 2016 poverty line is $24,300 for a family of four. This higher standard deduction means that families near the poverty line will not be taxed into poverty. It means that they can spend more of their income on goods and services rather than taxes. That benefits the family and the economy. A win-win situation. Don’t tell me poor people don’t pay income tax, because that’s a lie.

Hmm, where have I heard this idea before?

On Drugs

Today I received multiple emails urging me to voice my opposition to the “21st Century Cures bill.” Specifically opposed by Elizabeth Warren, it was passed by the House yesterday and is now headed for the Senate. Here’s one of the more level headed things written about it today.

So, here’s something that might concern you. This bill would specifically allow something called “off-label use” of drugs. More specifically, it allows drug manufacturers to mention these off label uses, rather than leave it to word of mouth among doctors. Critics call that “Fraud”, adding “If this bill passes, Big Pharma could market drugs as cures for all sorts of symptoms, not for the uses that were approved by the FDA. That sort of fraud puts people at risk.”

That’s simply not how it works.

Let me start with a common example that you or somebody you know might be familiar with. There’s a drug called Gabapentin, name brand Neurontin. It’s approved as an anti-seizure medication. The truth is, there are many better drugs for seizures, but Gabapentin is really good at controlling nerve pain (“neuropathy”). Many diabetics use this drug to control diabetic neuropathy (it’s cheaper than that stuff you see advertised on the TV, and has a longer track record for safety simply because it’s been around for years). So this bill would say that the makers of Gabapentin could run an ad saying doctors use this stuff all the time for neuropathy.

People like Elizabeth Warren who are calling this “fraud” think somebody should pay for a bunch of new research studies to prove what doctors and patients have known for years: this stuff works pretty well for something other than it’s original purpose.

The fact is that one out of five prescriptions written today is for an off label use — what critics are now calling “fraud” — and there are perfectly valid reasons for your doctor to write that prescription. In fact, if I can only get you to read one thing about this issue, let it be this peer reviewed article on the practice. Notice there’s an entire table of common off label uses, some of which are common sense (gee, morphine can treat severe pain in children, gotta do some studies on that one).

Of course heaven forbid we should address the fact that the United States is one of only two countries that allow drug manufacturers to market their products directly to consumers who — let me point this out — cannot purchase them without a prescription. Not complaining, it helps  my clients remember what some of those new meds do.

In Closing: bras; Greenwald pointing out reality again; 5 pre-screened articles by conservatives; a Home Depot employee in Alabama has virtual control of the underground economy in Venezuela; please stick a fork in identity liberalism (it’s dead); and it’s been a long time since I’ve linked to anything in HuffPo, but it is still the economy, stupid.

Shortiesface

Another Bad Trade Agreement: TTIP is turning out to be a bad deal too. At least the Europeans seem to have figured that out. It’s yet another deal so bad, they can’t actually let people know what’s in it.

Democrats: More than a few choice words about Hillary, Bernie, and the future of the Democratic Party (which can’t get rid of Debbie quickly enough for me).

Losers: On keeping weight off once you’ve lost it. Hint: if you go back to the stuff that made you fat, you will get fat again. Oh, and here’s some free exercise tips.

I’ll believe it when it’s law:A law has been proposed in Congress saying that companies can’t prevent you from saying not nice things about them online. I seriously doubt their corporate masters will allow this to come to pass.

Can’t decide if this is innumeracy or racism: Economist removed from plane for doing a differential equation.

Don’t forget about the NSA: They are doing more warrantless searching of American citizens than ever.

Privacy? Oh, were you using that?

The incident in Paris is already being used as an excuse to take away what little privacy (and other rights) remain in the world, despite the fact that privacy is a necessary feature of security. In the meantime, bulk data will continue to be collected by both the government and various corporations (who of course, can sell that information to the government without anybody having technically violated the 4th or 5th Amendments). Nor is the NSA the only agency collecting information; the DEA is doing it too. Are they at least sharing nicely, or are We The Taxpayers paying to collect all this stuff twice?

Now, don’t forget for one minute that the President is proposing laws that crack down on “hackers”. Those laws would make a dizzying array of normal and sometimes necessary activities illegal. That’s on top of the undead CISPA cyber”security” bill. Oh yeah, and that nasty old TPP that would make corporate rights more important that national rights.

At what point does Joe Average get fed up? Congress is doing the opposite of what he wants almost every chance they get. And thanks to rigged Congressional districts, all of our political voices are diluted. Further even though the amount of money made in our nation per person is near a record high, Joe Average has very little to show for it. What happens now?

In Closing: why you can’t have hot and cold running municipal internet; misinformation; how dare you be a crime victim; brother, can you spare a bridge; some of us would like our sons to know this stuff too; backfire; denial; take the money and run.

 

But What Would be the Point?

Wednesday, I thought I’d put up an open letter to the President to the effect of “Hey, listen, America needs you to be a grown up when Congress inevitably sends you piles of doggie doodoo.”

But, as my title says, what would be the point? He not only hasn’t delivered on a bunch of things he said were important, he’s outright backtracked on some of them. I don’t see him leading on curbing unconstitutional surveillance — in fact I see government agencies wanting more power to trample my rights in their quest to find mostly imaginary terrorists. I don’t see Gitmo closing. I keep hearing about job creation, but then I keep seeing homeless guys on nearly every major corner. I don’t see things getting better for Joe Average. TPP hasn’t been crushed under the threat of veto by the President of the United States. I guess at least there are attempts to whittle down Too Big To Fail.

So that’s where I’ve been all week, mentally at least.

Shorties Fright

The Monk who Saved Lives: Ittetsu Nemoto.

The Priest who Preached Happiness: Let’s hear it once more for Pope Francis.

Israel and Palestine: Just a few assorted and random links.

You know you want it: Here’s the NSA, privacy, FBI, CIA, War on Terror, and related links.

Broken:  immigration and immigration reform problems.

Wow: Larry Kudlow seems to have found his lost mind.

All about the Jobs: We did have good jobs numbers this week. Let’s put it in perspective.

Research supports my observation:  Indeed: “[I]t sure does seem like the vast majority of the people who say diets don’t work have somewhere in their story a sentence like ‘I went on my first diet when I was 13.’ Or 11. Or 16.”

Fiddling while America Burns: Congress is too busy making baseless lawsuits and running out of town, so they can’t be bothered to fund things like fighting forest fires.

Want to know the interesting thing about this article?: This article about events that empower girls by reinforcing gender stereotypes was written by a man.

And finally: Keep it clean, people.

Talking out both sides of their mouths.

The White House says they have a plan to end NSA collection of data, by which they mean they are going to make phone companies keep the data and see to it that the courts issue subpoenas when anybody with a badge asks have overview. Snowden says well hey, that’s better than nothing!

And of course, the new proposal only covers American’s phone records, and doesn’t even address the internet, so the rest of the world had better be careful what they say (or follow Mr. Carter’s lead and use good old fashioned snail mail).

Meanwhile, most of the Congress-critters critical of the NSA are quietly being removed from places where they might cause trouble.

Yeah, that sounds like tossing some glitter on “business as usual” and calling it “new and improved” to me.

In Closing: minimum wage; tuberculosis and diabetes.

I saw the news today, oh boy.

I made the mistake of watching my local noontime newscast. Here were the items covered before breaking for weather:

  • Yesterday’s school shooting!!! Complete with interview of distraught parents!!!
  • Benghazi!!! No, nothing new to report. Just Benghazi!!!
  • Firefighter pointing out what he thought was a deceased victim before the fire truck ran over her…. last year!!! New footage!!!
  • Identification of a snowboarder who unfortunately died on Mount Charleston (yesterday)
  • Kids set fire in vacant house (yesterday).
  • Late night shooting in North Las Vegas.
  • Sentencing delayed for the alleged pimp (who allegedly shot another pimp, causing him to crash into a taxi and burst into flames) on [unrelated] sexual assault charges. This is one of those cases that would make a better CSI script than the stuff they film sometimes.

Apparently, it is not newsworthy that:

  • Congress is working on an important budget bill (and congrats to the feds for having a $53,000,000,000 surplus in December!).
  • Germany may or may not be trying to negotiate a “no-spy” treaty with the United States.
  • 75 leading economists think our minimum wage workers deserve a raise.
  • Some men in Congress want to make women pay out of pocket for abortions regardless of whether they are medically necessary.
  • Anything whatsoever is going on about the NSA, the promised list of upcoming “reforms,” and the court cases involved.
  • There are stalled bills to restore food stamps and extended unemployment benefits.

I could go on this way for a while, but there’s no point. Apparently I’ve been watching News Lite: 25% less relevance. I wonder how it compares to original News as far as facts.

In Closing: antibacterial soap, West Virginia chemical, and just maybe if either of the political parties actually tried representing We The People, there wouldn’t be a record level of “independents“.

Shutdown, Debt Ceiling, and Hostage Taking

So here we are over a week into the Government Shutdown. From where I sit, it sure looks like the Republicans are being more like RepubliCANTs, completely unwilling to negotiate in a world where negotiation doesn’t mean “give us everything we want.” Not that the DemocRATS are angels here, please understand. Right now nobody likes Congress very much. Individual states like Nevada are chewing their collective fingernails (and probably, secretly, making contingency plans).

It’s gotten to the point where the markets are accounting for the fact that next week, the Government may well stop paying interest on the National Debt. That’s what the debt ceiling means in real life. If our nation stops paying the bills, it’s reasonable for holders of our debt to decide it’s not worth as much, and might even be worthless. Everybody always thought “oh that would never happen, it would be too catastrophic!” Now our [Republican] elected officials are falling over themselves to say it wouldn’t be that bad. “Oh jinkies, it might be a good thing!” Oh yeah? Tell that to China. Turns out they are our biggest foreign creditor.

Looking for a silver lining? At least big corporate mergers that enrich hedge fund managers and executives at the expense of employees and consumers may have to slow down a tweak.

Let’s hope enough moderate Republicans decide they don’t want to preside over our nation going into default.

In Closing: Securing the internet from the NSA; Student loans a drag on housing; Lief Erickson; USMC reading list; Jimmy Carter on the Middle Class; keeping a schedule on a crappy job; if part time employment spiked prior to Obamacare, how did Obamacare cause it?; pay no attention to the next trade pact that’s not going to be good for American workers.