Total Pageviews

Wednesday, April 11, 2012

Have Legislators Earned Their Salaries? (Part 1)

CONGRESS AND THE PRESIDENCY
IGNORE ANTITRUST VIOLATIONS BY
WALL STREET SPECULATORS AND BIG OIL
DEALERS IN NECESSARIES OF LIFE
BUT PESTER APPLE AND AT&T
DEALERS IN WIRELESS LUXURIES
FOR VIOLATIONS OF THE SAME LAWS

Illegal monopolies like Wall Street speculators notably Goldman, Sachs & Company and Big Oil have transformed members of Congress and the Presidency from guardians of our constitutional form of government into their puppets in exchange for "perks".

Everyone needs money to live but illegal monopolies have an insatiable appetite for it. An arabic  expression, after translation into the American language, is "With money, you can buy lemonade even in hell" applies to illegal monopolists in the hereafter.

The solution to the inconsistency in the title for this Part is for Congress and the Presidency to change their ways and enforce the federal antitrust laws against all illegal monopolists: such as Apple, AT&T, the Wall Street speculators, and Big Oil especially those monopolists who deal in necessaries of life now in the new "global markets".

See Part 3 for the best solution which takes economic power from Congress and the Presidency and returns it to the states and the People where it naturally belongs.

The Presidency's use of the federal antitrust laws against Apple and AT&T to manage the American economy but not against the speculators and Big Oil is inconsistent and a wasteful use of America's valuable resources. Americans will enjoy even lower prices if the Presidency will also use the federal antitrust laws against Wall Street speculators and Big Oil.

Apple market iPads and AT&T markets cellular telephones. iPads and cellular telephones are not necessaries of life. Americans want these products and voluntarily pay for them even though substitutes such as computers and landline telephones are available at either comparable or even lower prices.

The Presidency uses the federal antitrust laws against Apple. Click http://money.cnn.com/2012/04/11/technology/apple-doj-ebooks/index.htm?hpt=hp_t1 to read David Goldman's article on April 11, 2012, with the title DOJ sues Apple over a price fixing scheme.

Though long over due, ordinary Americans must their 50 states to develop a national plan with criminal laws to prevent illegal monopolies in the way that Massachusetts did from 1919 to 1978. The US Supreme Court  will probably not be against such a plan as the first link above reveals. See also Part 3.


Sunday, March 4, 2012

Have Legislators Earned Their Salaries? (Part 2)

CONGRESS AND THE PRESIDENCY
HAVE BROKEN THEIR OWN RULES
FOR THE SOLE BENEFIT OF MONOPOLIES
SUCH AS WALL STREET SPECULATORS
AND BIG OIL

The way that members of Congress and the Presidency manage our country is fiscally irresponsible and is inconsistent with the customs, practices, and traditions embraced by Americans in their Declaration of Independence, federal and state constitutions, and their common law.

First, they start wasteful wars of dubious legality in the Middle East and elsewhere to make ordinary Americans fight and die for "freedom" while American corporations reap financial gains from the wars. Second, they ship billions of Americans' dollars by plane to Afghanistan and Iraq only to learn that they do not where the dollars disappeared. Third, they use information from their jobs for their personal financial gain. Fourth, they allow illegal monopolies like oil speculators on Wall Street or elsewhere and Big Oil to impoverish ordinary American with record high prices for gasoline and other necessaries of life despite the availability of the federal antitrust laws to lower those prices. Fifth, they too quickly raise the national debt of Americans. Sixth, they set a bad example that it is good to waste money and live beyond your means.

Sovereignty is another word for governmental protection. Do the rulers of the Kingdom of Saudi Arabia want to protect Americans from high prices for gasoline and other necessaries of life? Do the members of Congress and the Presidency protect ordinary Americans by use of the federal antitrust laws against illegal  monopolists? The answer to both questions is clearly NO and the answer to the second question is also NO because the Presidency has not used the federal antitrust laws against illegal monopolists.

Click http://www.econedlink.org/lessons/index.php?lid=628&type=educator to read an everyday discussion about monopolies with the title HISTORY OF MONOPOLIES IN THE UNITED STATES. Courts have always branded monopolies as illegal when they can control prices especially for necessaries of life by suppression of competition.

Click http://www.ohioverticals.com/blogs/akron_law_cafe/2011/03/popular-sovereignty-and-seven-fundamental-principles-of-constitutional-law/ for more details about sovereignty and constitutional law. 

Here at home in America, why has the President totally failed to sue the Wall Street speculators and Big Oil to use the federal antitrust laws against them with the price for gasoline near $4.00 a gallon? Many families, especially those without jobs, in America struggle with high prices for necessaries of life.

To learn that Congress, and presumably the Presidency, knew about the record high prices for gasoline at least as early as 2008, click http://www.bloomberg.com/apps/news?pid=20670001&refer=home& sid=aDXobDFcwNuM to read Bob Wills' article on June 15, 2008, with the title Congress Should Take on Oil Speculators, Senators Say and http://money.com/2008/06/17/news/economy/oil_trading/index.htm to read the article by Steve Hargreaves, CNN Staff Writer, on June 17, 2008, with the title Congress takes aim at oil speculators.

An important purpose of any government is to make rules of law to control human behavior. A rule for the regulation of prices for necessaries of life allows inhabitants to enjoy normal lives is example of a legal rule. This rule is the main topic of this blog and is St. 1919, c. 298. See Part 3. This criminal law of only 118 words was part of the Massachusetts statute books from 1919 until 1978. This law is superior [for reasons see NOTE 1 below] to any antitrust law. Its simple presence in the statute books of any state with the threat of criminal prosecution with possible jail time deters operators of illegal monopolies from their predatory practices in "any necessary of life".

We may name this statute the Coolidge-Walsh Law after its chief sponsors, Governor Calvin Coolidge and Senator John Walsh of Massachusetts. The original text of the legal rule in St. 1919, c. 298 appears in IMAGE 1 at end of Part 3.

Another example of a legal rule are the rules that collectively make up America's federal antitrust laws, 15 USCA Section 1 et seq, which starts with the 1890 Sherman Antitrust Act. These laws are to maintain competition and break up illegal monopolies - at least in theory. Members of Congress and the Presidency have not used these laws for many decades and the federal antitrust laws are inferior [for reasons see NOTE 2 below.] to the Coolidge-Walsh Law. Those members have broken the very rules that they sworn to uphold which include their duty to protect Americans from monopolies.

The purpose of both rules is to maintain competition among smaller companies to keep lower prices for gasoline that, in turn, lower prices for other necessaries of life and even luxuries. Without lower, stable prices, Americans will not be able to plan and enjoy normal family lives. Politicians, many of them lawyers, have allowed gasoline prices continue to rise without regard to Americans' ability to pay them. Loyal politicians take positive action when their people cry out in pain.  See Part 4 to read excerpts [hi-lited in yellow] from the opinion of the Supreme Court of Missouri that vividly describes the devastation that greedy monopolies impose on ordinary American families with their high prices for necessaries of life and the court's position that governments must intervene to protect helpless families from illegal monopolies.  
    
By their own choice, monopolies now trade in the "global markets" where nobody represents the interests of Americans. Congress and the Presidency have utterly failed to use the authority [federal antitrust laws] to protect Americans who are without anybody to represent them in this country as well - when it comes to necessaries of life. Their sovereignty and economy are like mirages in a desert and are in serious danger. Global markets only benefit illegal monopolies and their owners such Goldman, Sachs & Co. and ExxonMobil at the expense of ordinary Americans who are trapped by a basic need to live. These markets are the topic in Part 5.
     
In parts of Massachusetts, the price of a gallon of lead-free regular gasoline is $3.89 but the price of a gallon of whole milk is $2.40 which is substantially less.

Why should gasoline be 62% higher in price than milk per gallon? Milk is, without doubt, a necessary of life. Americans from babies to teens to adults drink milk to sustain their lives.  Today, gasoline, oil for heat, and natural gas are also everyday examples of necessaries of life. People can not live without necessaries of life in contrast to luxuries such as a diamond ring which have competitive substitutes.

The price of milk is subject to state regulation.We can only wonder about how high the price per gallon of whole milk to ordinary Americans will go if the Wall Street speculators were also able to gamble in, and manipulate, the price of milk that Americans need to lead healthy lives?

The prices of gasoline, oil for heat, and diesel fuel must also be subject to regulation by the states. Those products are no less necessaries of life than milk is in today's society.

From their world headquarters in Congress and the Presidency, Wall Street speculators and Big Oil have forced grocery stores to increase the price of a gallon of milk to ordinary Americans via higher transportation costs from gasoline and diesel fuel.

To read an example of a titanic transfer of wealth from Americans to five speculators in Oklahoma, click  http://money.cnn.com/2011/05/24/markets/oil_price_speculation/index.htm?iid=Popular to learn about their heist that snatched $50,000,000 from our economy and concentrated our wealth into the hands of a few. A person with an annual salary of $50,000.00 will have to live 1,000 years to earn $50,000,000 - before taxes! The speculators and Big Oil use pen and paper ["short contracts"], not a gun and bag, to steal money from Americans in a matter of either days or weeks. They do not even need a get-away car. These heists are unhealthy for America's economy.

Heists such as the one in the previous paragraph do not make America great. They are too close to larceny for comfort. Congress and the Presidency have put their imprimaturs on these heists by failure to break up monopolies such as Wall Street speculators and Big Oil.

In sharp contrast to heists, an excellent model to make jobs and wealth in America by creativity is Xerox Corporation. Many decades ago in 1937, Chester Carlson invented xerography [from Greek dry writer] He developed, manufactured, and marketed photocopiers with the financial help of Joe Wilson of The Haloid Company whose attitude was not to make quick money and retire on his riches. Joe Wilson wanted his company to make a positive impact on the world and they both were successful.

Today, Xerox Corporation has about 130,000 employees who manufacture high quality products through creativity, not "short contracts". Wall Street speculators and Big Oil examples are not at all like Xerox Corporation. They are examples of illegal monopolies whose goals greatly differ from the goals of Chester Carlson and Joe Wilson whose company was a success from the magic of creativity, hard work, and honesty.

Click http://abcnews.go.com/GMA/video/gas-prices-outrage-coast-coast-15789435 to view a video on how some Americans creatively avoid the use of a gun and bag to steal from a gasoline dealer. This "fight fire with fire" approach is not healthy for America and it exists only because Congress and the Presidency silently refuse to do their jobs to break up monopolies like Wall Street speculators notably Goldman. Sachs & Company and the companies that make up Big Oil by enforcement of the antitrust laws.

The Presidency's failure in 2008 to provide the [questionable] $700 billion bailout earlier allowed Bear, Stearns and Lehman Brothers to collapse and, either by accident or design, the failure strengthened Goldman, Sachs into a stronger illegal monopoly. Henry Paulson, Secretary of the Treasury in 2008, earlier had been in charge of Goldman, Sachs & Company.

Congress and the Presidency certainly have not given ordinary Americans their "tax dollars worth" by their failure to protect them from those monopolies whose lobbyists work in Washington, DC. The new "global markets" where illegal monopolies trade make their failures look intentional.

No law is perfect and, if perfect, humans administer laws. The Coolidge-Walsh Law; St.1919, c. 298; gave stability to prices for necessaries of life from 1919 until 1978 by its mere presence in the Massachusetts statute books even as Americans worked and slept 24/7. Americans should give this law a second chance. They will receive their "tax dollars worth" from it.

Why have members of Congress and the Presidency, all of whom have sworn to uphold the laws, broken the rules, in this case, the federal antitrust laws?

Click www.amandala.com.bz/index.php?id12083 to read the article with the title "Of Perks and Politicians" on January 5, 2012, which compares America's federal government with the Belizean government in Central America. The article ends with the idea that Belizean politicians spend millions of dollars to obtain a job in government that has an annual salary of $90,000. "Perks, baby, perks. Perks and power." This idea applies to American politicians as well.

You, the readers, be the judges at the polls this November 2012, and decide if there is a good reason to fire members of Congress and the Presidency who have even appeared to have broken our country's rules in exchange for "perks" from Wall Street speculators and Big Oil. Let new people have a chance to protect Americans from illegal monopolies.

NOTE 1: This law, in effect, removes gasoline and other necessaries of life from the commodities markets and the mere presence of this law on the statute books of any state makes monopolies obey this law and not trade in "any necessary of life" under the threat of criminal prosecution, and possible jail time upon conviction, . Unlike the federal antitrust laws, this law brands the violators as criminals no matter how well they otherwise behave.

NOTE 2: The antitrust laws leave gasoline and other necessaries of life in the commodities markets. Americans will have to wait until prices are too high for comfort by illegal monopolies and the government will have to make a lengthy investigation then go to court. By that time, consumers may have no cash and no home. The worst part is that a court may say that a monopoly has behaved well enough to escape a break up.






Friday, January 27, 2012

Have Legislators Earned Their Salaries? (Part 3)

 CONGRESS AND THE PRESIDENCY
HAVE NOT ENFORCED THE
FEDERAL ANTITRUST LAWS
SO AMERICANS MUST
ASK THEIR STATES FOR
PROTECTION FROM
ILLEGAL MONOPOLIES

Click http://www.cbsnews.com/news/biden-calls-on-governors-to-lead-nation/  to read about Vice-President Joseph Biden's suggestion the states lead the nation: to solve the problems that the Congress and Presidency have allowed to burden ordinary Americans. This part also advocates for the enactment of a simple criminal law of 118 words, St. 1919, c. 298, to break the grip by Big Gas, Big Oil, and Big Banks on the the prices for necessaries of life such as gasoline, natural gas, money, and oil for heat in each of the 50 states in the American Republic.

Members of the Congress and Presidency have allowed illegal monopolists such as Big Gas, Big Oil, and Big Banks to abuse and bully the inhabitants of the American Republic for their personal financial gain for decades. 

At least one state - the State of New York was ahead of the Vice-President. Click http://www.eany.org/our-work/press-release/albany-crude-oil-moratorium-sets-mark-statewide-action to read Peter Iwanowicz's statement about Daniel McCoy courageous landmark Order against Global Partners for a moratorium on additional expansion at the Port of Abany. Also, click http://www.eany.org/our-work/press-release/oped-counties-should-follow-mccoy%E2%80%99s-oil-trains-lead to read the editorial of the Troy Record about the secretive ways of a member of  Big Oil that prompted Daniel McCoy's landmark order. Then click http://earthjustice.org/news/press/2013/fracking-ban-stands-in-new-york-town-victory-for-local-communities to read about the decision by the Court of Appeals in New York that ruled that voters towns in the State of New York may ban frackers from extraction of natural gas within each town's borders. The citation by name of parties for this decision is Wallach, Trustee v. Town of Dryden and Cooperstown Holstein Corporation v. Town of Middlefield. Click http://www.dailykos.com/story/2014/11/05/1342057/-Small-Victories-Denton-Texas-NoFracking-Passes?detail=email# to read that the voters in oil-rich City of Denton, Texas, have also banned frackers' use of their land.

Click http://www.msnbc.msn.com/id/48920114/ns/us_news/#.UEf8KCI9svs to read [with video] about a federal judge's recent approval of Arizona's "show-me-your-papers" new law which is as an example of a state's police power to pass a law to protect its inhabitants' health and safety as St. 1919, c. 298 did for almost 59 years.

Consistent with Amendments IX and X to the federal constitution, the fifty states have a duty to regulate the prices for necessaries of life such as gasoline. The fifty states successfully cooperated with one another to regulate commercial business in the American Republic by the Uniform Commercial Code [UCC]. Use of a search engine like google will verify that each of the fifty states has adopted the UCC with minor differences in text necessary for some states. For example, type in the search bar "uniform commercial code for maine".

Let the ordinary American across America help decide how they want to run their 51 governments, not a handful of politicians in Congress and the Presidency who easily fall under the influence of another handful of managers of  Big Gas, Big Oil, oil speculators, and Big Banks.

This blog proposes a national plan similat to the UCC for each of the 50 states enact a criminal law such as in IMAGE 1 below that will regulate the prices for "any necessary of life" in the same way that it did in Massachusetts from 1919 until 1978 and will restore the sovereignty of ordinary Americans. This criminal law with penalties of jail time and fines is a superior alternative to federal antitrust laws. The mere possibility that a Attorney General of a state may prosecute an illegal monopoly is enough. Click http://www.ehow.com/print/list_6922269_effects-criminal-justice-system-america.html to read about deterrence of criminal laws.
The federal antitrust laws do not have this watch-dog protection. because, though illegal, Big Gas, Big Oil, oil speculators, and Big Banks simply go to one place, Washington, DC, with their suitcases full of cash to bribe and corrupt members of the Congress and Presidency.

This criminal law does not cover luxuries. Courts of each state will have the duty to decide what products and services are necessaries of life and are luxuries. Gasoline, money, and food are necessaries of life but jewelry usually is not a necessary of life.

See IMAGE 1 below to read the original text of this simple criminal law of only 118 words. Shakespere could not have said it any better. The statutory citation for this law is St. 1919, c. 298. Senator John Walsh was a major advocate of this law which Governor Calvin Coolidge signed into law as an emergency measure on September 5, 1919, to protect the middle class from inflation and profiteers after World War I until 1978 when Governor Michael S. Dukakis unwisely undid the wisdom of Calvin Coolidge and John Walsh.

This blog will refer to this criminal law as the Coolidge-Walsh Law [CW Law] which is well within any state's police power for the protection of its inhabitants in the regulation of prices for any necessary of life.

This national plan will shrink the size of Congress and the Presidency to fit their activities within the powers in Article I, Section 8  and Article II of the federal Constitution and allow the 50 states to make laws within the full scope of Amendments IX and X of the federal constitution. As James Madison said in Paper No. 46, "... Many considerations ...  seem to place it beyond doubt that the first and most natural attachment of the people will be to the governments of their respective States ... ." [Emphasis added.] Jay, John; Madison, James; Hamilton, Alexander (2011-03-30). The Federalist Papers (Kindle Locations 4032-4034). Kindle Edition.

Here are five advantages from a CW Law to protect America from Big Gas, Big Oil, oil speculators, and Big Banks and, at the same time, shrink the size of the Congress and Presidency to bring their activities within the express powers in Article I, Section 8 and Article II of the federal constitution and let the legislative powers and the economic power of the people and the states again grow within the full scope of Amendments IX and X.

1. It stops concentration of our country's wealth in the hands of a few to let ordinary Americans keep enough money to live normal lives and keep their democracy healthy for everyone. Click http://www.bigthink.com/ideas/18777 to read about Louis D. Brandeis' description of the corporate democracy.

2. It is a vigilant Watch-Dog, 24/7, to stop inflation and artificial prices for "necessaries of life" well above their natural price by competition for nearly 59 years - from September 5, 1919 to August 10, 1978, even when Americans were asleep in bed.

3. It is a legal obstacle to make it difficult, if not impossible, for illegal monopolists to influence the many judges and prosecutors of many courts of the 50 states with nominal dangers of corporate democracy.

4. It will use state courts run by judges and prosecutors that taxpayers have already paid for and are able to handle any new criminal business without duplication of costs to taxpayers.

5. It is a simple statute of only 118 words in sharp contrast to the new, but very awkward, Massachusetts Antitrust Law of nearly 3,500 words that replaced it in 1978.

IMAGE 1

If you are able to print copies of St. 1919, c. 298, please make three copies. Then send a copy to your governor, your speaker of the house of representative, and your president of the senate in your state legislature and ask them to make this type of criminal law a part of your state's statute books for relief from the pain at the pump and indirectly at the cash register at the food market.

Otherwise, send your request [with your name and address] to putnam15@hotmail.com for a prompt reply with 3 copies.