Judge Sotomayor has Unconstitutional Opinions

May 27, 2009

When a judge will not try to hear the fireman opinion with high marks on a test score and ignores them because they are not a minority this is unconstitutional.  The Congress and thus everyone else cannot set up “royalty” or “nobility” as a criteria for judging a case.  This is a direct violation of the thinking which John Adams, one of the signators of the Declaration of Independence and a signatore of the United States Constitution was adamant about.  He did spend quite a bit of time in Paris, France just waiting to be invited to London, England to make the case for the United States and the drafting of and signing of a Treaty to end the War of Independence. 

Thomas Jefferson also quite literally so eloquently addressed the reasons why “Nobility” should not be a consideration in determining what a final judgement should be.  I actually am offended that the Democratic Party still insists on being connected with Thomas Jefferson when he is totally and radically different than the Democratic Party as it is today.

Judge Sotomayor should not be confirmed.  She considers her blood to run blue and the United States Constitution cannot recognize “blue” unless one is not from this country.   

The Senate should reject Judge Sotomayor and if they do not then all of the Senators should be voted out of office at the next election cycle.   Not being able to understand the Constitution is a Concrete reason not to re-election an individual.  Abiding by the Constitution is one of the Charges of a Senator and of a Jurist and of the President.  Come to think of it now President Obama has violated the spirit of the Constitution twice.  The first time was when he told the Bond holders of Chrysler “tough” you will take the deal and get to the back of the bus.  This created nobility of the Unions and also was a violation of the Constitution by the Administration from breaking Contract Law which is specifically written as a violation of the Constitution.

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Green Jobs eliminate Jobs

May 23, 2009

http://hawaii.gov/dbedt/ert/symposium/loudat/loudat.html

The Economic and Fiscal Impacts of The Hawaii Energy Conservation Income Tax Credit

Presents an employment economic status for a 25 year period of time. Installatin and maintenance in comparison. The analysis does not address other forms of employment being displaced which is actually what I was looking for. But if a product has installation employment in the initial year of 194 and maintenance employment at 38 per year. My observation without research would indicate that overall displacement of macro employment would result. I heard but could not verify that for every job created in the “green energy job” market then two jobs from other sources would be displaced. This actually is a standard number of jobs lost for consideration of a new product. If the product also can show a profit by its operation then this is a product to purchase.

So an initial investment and receiving of state and federal tax credits which would displace part of the initial investment and the costs of initial installation would help stimulate an incentive for installing a solar system in ones backyard. 

 

Table 4: Total Economic and Fiscal Impacts of the ECITC

 

Item

Benefits less Costs (millions of dollars)

         

Case 1

   

Case 2

   

Avg/Yr

   

Avg/Yr

   

Year 1

Years
2-25

Total

Year 1

Years
2-25

Total

Economic Impacts

           
Total Output

$19.6

$3.83

$111.5

($21.0)

($6.33)

($172.9)

Employment

194

38

 

(207)

(62)

 
Total Labor Income

$6.6

$1.14

$34.0

($7.1)

($2.08)

($57.1)

Fiscal Impacts

           
Total Revenues

$2.0

$0.24

$7.8

($2.1)

($0.427)

($12.3)

Total Expenditures

           
ECITC Expenditure

$2.2

$0.00

$2.2

$0.00

$0.00

$0.0

Direct Fiscal Expend.

$0.00

$0.00

$0.0

$5.8

$0.49

$17.4

NET FISCAL IMPACT

($0.3)

$0.24

$5.6

($7.8)

($0.91)

($29.8)

 I was trying to also see how much is a minimum costs for a substantial market penetration in an area.  Could not specifically find this information but see below.

http://solar.energy-business-review.com/news/new_york_governer_announces_plans_for_solar_project_090515

According to NYPA, the power generated by 100 MW is the equivalent of powering approximately 15,000 homes.

******

Yet costs in various areas of the country are different.  Some areas like New York might be 6MB whereas in Washington it might be 4.5MB of applicable monthly solar radiation.  I do not know for instance how much the Seattle area might be in comparison to Spokane or Tri-Cities in Washington State.  These will be wildly different in their comparisons of monthly solar radiation.

http://rredc.nrel.gov/solar/pubs/redbook/Individual PDFs
Manual (5.5MB)

http://www.statesadvancingsolar.org/solar-101/solar-resource-map

Solar Resource Map

But just like all sources of data the data really can only truly be evaluated on a local area basis.  For the project in New York perhaps the thinking is to incorporate a little bit of aesthetics for the perceived intrinsic value which is trying to be achieved.  Then again, the same project could be installed in a cloudy environment and have the same perceived intrinsic value but rather from a purely micro economic standpoint the results could be a money drain.

END


Credit Cards and U.S. Constitution and The Declaration of Independence.

May 17, 2009

Credit Cards and U.S. Constitution and The Declaration of Independence.

In the U. S. Constitution, Article I, Section 9 is says,

“No Bill of Attainder or ex post facto Law shall be passed”

“No Title of Nobility shall be granted by the United States.”

Also in Section 10 it says,

No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.

Now, let’s look to The Declaration of Independence.

Second paragraph.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed….

bottom of second paragraph.

The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good!

Paragraph fifteen

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For imposing Taxes on us without our Consent: (For imposing higher interest rates on us without a meeting of minds nor our Consent)

For depriving us in many cases, of the benefits of Trial by Jury: (For depriving us in many cases, of the benefit of separate accounts for old debts at the older lower interest rate.)

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms (altering fundamentally the Forms of meeting of the minds concept in Contract Law) of our Governments: (By taking away these rights the Governments has implied Nobility on the rights of Contracts from the perspective of the writer who is a banker/creditor.)

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our governments: (For conspiring with Congress to allow the other creditors information to be included in the calculations for increasing our interest rates and without any prior warning. Also conspiring to allow creditors to arbitrarily increase interest rates at their own discretion and without a new signed contract.)

***********************

From the above in most areas if King were substituted for creditor or lender or credit card and then you the debtor were the citizen then what is happening now is likewise the same scenario which was happening around the formation of our Country.

The Creditors are altering contracts which have a nebulious wording attached to them to allow them to change the credit card interest rate at any time and for whatever reason which may suite the lender. Congress has also gone ahead with this scheme and transposed its legislative rights to the creditors. However, since Congress cannot pass any ex-post facto laws allowing this type of a contract then law is Unconstitutional and thus the Contract is Unconstitutional.

I would therefore say that since we also have laws which if a contract is written up by one party then the party writing up the contract is totally at fault when the wording of a contract cannot be enforced by a judge. When one party changes a contract ex-post facto then you have nullified a contract and it should be voidable by the other party.

I would liken a provision like this as usuary. In some States if you charge usuary then the amount over the normal interest rate is indeed also payable back to the party being charged but the principle of the amount is also reduced. Since this is such a widespread disrespect for the Constitution then the principal amount should also not have to be paid. There should be some type of provision in the Narco Laws which should cover double or triple or quadruple damages also to be paid.

Since I am not an attorney nor do I pretend to be one I am not advocating anyone stop paying their credit cards but rather to address this issue with their attorney. If you have enough money to press the issue stop paying your credit cards and ask the credit card companies to reimburse you if they have previously increased your interest rate for no reason of your fault. That is if you have made regular payments on-time and regularly and they still have increased your interest rate. I think this is where this provision might take affect. Although in my thinking the creditors are collecting a penalty fee to get you back into compliance and the increasing of the interest rate even if your fault is an ex-post facto increase as well.

The other thinking might be that if your creditors increase their interest rates to such a point that you now cannot make your payments then in the old world you were obliged to be an indendtured servant to pay your bill back. In essence, this is what is being created. You contracted at a reasonable interest rate and now that things (macro-economic pressures) are beyond your contract the creditors are increasing your interest rate and then you will have to be extending all of your time and free-time to pay them back. So the old solution was indentured servitude or debtors prison and the new method is a court judgement or bankruptcy.

The ability to instantaneously change contracts is the infering of Nobility on a particular group. This notion of Nobility is expressly prohibited as noted above from the U.S. Constitution and the agregous noting of what happens under the cloud of Nobility.

Please advise as to what your opinion is as to this matter.

Thanks

Keith Ljunghammar

 

 


Sen Dodd credit card bill and Unconstitutional wording

May 15, 2009

This bill is weak.  It needs to punish the credit card companies for putting in ex-post-facto provisions into their contracts.  If all powers come from the U.S. Constitution and all contracts are designed and given power by the constitution then no contract can have an ex-post-facto provision in its wording.  Thus all credit card interest rates which were increased without any notice and for no reason are Unconstitutional and the Courts cannot enforce the provisions of a “Contract” which is illegal and Unconstitutional.  This is truly what the bill should be addressing and not some type of whamby-pamby bill of rights provisions.  The constittution already addresses this.  You need to address the true punishment and state what the constitution addresses and make all credit card debt go away if they have increase the interest rate whatsoever in the past.  Thus the credit card companies would then have to sue to get their money back and since this would be a Supreme Court case they would have to get around the ex-post-facto- provision of the Constitution first and they will not be able to do this.


Credit Cards Unconstitutional

May 12, 2009

Credit cards today think they can arbitrarily without notice raise interest rates.  This they dowith no notice, no warning, and without recourse from the customer.  This is also true if no late payments have been made.

But I say this is unconstitutional.  If the constitution disallows the govenment to retroactively change a lawthen since the laws of contracts and the order are established by Congress then in the same manner individual contracts cannot be changed midstream.

No Bill or Attainder or ex post facto Law shall be passed.  Article 1, Section 9.

Putting into a contract that at a specific time the interest rates will increase or putting into a contract that the interest rate shall be adjusted as to according to a third party index is still a meeting of the mind.  But inputting that one of the parties can increase the interest rate so they can increase their profit bottom line in essence has no meeting of the minds at the time of the contract being signed nor could it be.

More on this possibly later.

END


The ECONOMY SPRINTS

May 2, 2009

Everyone sees or says there is a recession.  Quite frankly I do not see even a hint of a recession.  I only see a complete accounting debacle which when corrected the economy will be back on the fast track.  Yes, the fast track. 

When the government switched everything to a mark-to-market type of accounting system this instantaneously depressed the financial accounting books.  This is strickly an accounting maneouver and invariable accounting maneouvers correct themselves.  If they do not correct themselves then the CEO, CFO, or the COO will change assets around so the older lighter valued assets change to a more realistic value. 

If the correction in the valuations due to mark-to-market were instantaneoous then the downward push while the market is correcting will be miniscule.  Yes, that means small.  Consider this in a large capitalize stock and a small capitalized stock.  If you are a chartist like I am not you will understand that the resistance point at a specific level is harder to penetrate in a large capitalized stock then a smaller capitalize stock.  I believe part of the reason is due to product or market penetration and the aspects which many products from a single companywill show.  One thing which gets a market moving is the greater demand which one product gets.  The most recent example would be when the swine flu became apparent to everyone just this last week then a very specific and specialized company who had a product which possible could address the swine flu increased in value by 80% overnight.  This really should be of no surprise to anyone.  But if the same company were in a much larger company which might be on the big board and the product would be one of maybe 6000 product the stock may have increased 1% or 5%. 

The product is houses which depressed the United States economy.  Real Estate agents are getting busier.  Slowly the markets are moving.  The real estate market can act quickly and with a positive fever.  (Sorry but I could not resist.)  Buyers have been pent up and the idea of multiple bids on one house could push the markets higher in a very short period of time.  Quite a few houses which previously were on the market were taken off the market.  When the market starts to heat up then those former houses which are off the market may or may not be put back on the market.  If I am a seller then I want the highest price.  If I am mildly optimistic and not particularly motivated and the market gains by $10,000 in one month for the average home sale then my inclinations is to withhold the house until this would absolutely be necessary. 

If the problem is mark-to-market in real estate then really how does this affect business owners without real estate.  Now is the time to look at development and growth.  What you do not need to be caught in is trying to develop a new market when others also have the funds to develop.  Make your presence known and get that early share.  Real estate has its greatest sales in the month of April and this continues for the summer.  The weather brings out a positive extraction of money.  Go for it. 

As sales increase and from my above example they will grow dramatically then if you have not put in the appropriate groundwork then where can you harvest.  If some other company has already done the sewing and you are just planting you will miss out. 

Get to that convention.  Sign up for more contacts.  Press the issue.  I could fire up a sales crew.  Least costs but the greatest impact.  Remember that as your marketing becomes more indirect the costs per individual decrease.  But as your per individual contacts increase your sales are more current.  Weigh the possibilty of that current sale with how long it take to bring that lead to a sale.  TV or radio advertising may be your first step again.  Marketing mailers need to be sent out to help in regaining old accounts and pushing to get new ones. 

I remember my fathers approach to marketing.  He had a printing company and made a catalog of wedding invitation folders to stationery stores, print shops, department stores, flower shops, wedding gown retailers, etc.  Every time he presented a new catalog there was a 20% increase in sales.  He travelled around the region and talked with all of the shop owners.  Once he had an exclusive in a small town with one shop owner.  Another shop owner also wanted the wedding invitation book.  He reluctantly place a catalog their also.   Astonishingly the other store sales were the same and the new store eventually had about the same sales as the other store.  In essence sales doubled.  Cultivate, cultivate, cultivate.  This is what the theme needs to be for your sales people. 

After our competitor bought my dad’s company out they said they could not penetrate the market he had and then tried and tried hard.  So they just bought him out.  This was easier.   

Push the envelope.  Dig deeper.  Listen longer.  But of course, pray longer as well.

Work it and get the plants in the sod so when the weather turns and the water starts to fall you will see an over abundance of plants to harvest.

DO IT!!!