Bill of Rights – Guarantees Rights of Individuals only and not the States

July 28, 2009

Concerning the Bill of Rights.

The total essence of the Bill of Rights was established for Individuals and not the State nor for the federal government.

 As an example:

 If with the 1st Amendment I am concerned about the State and the free exercise and the non-establishment thereof, etc. then the argument could be made to believe that the separation of Church and State does need to be in Existence.  But if the argument see below for with the individual.

 Again, with the 2nd Amendment the argument commonly argued is that the State has a Right to form a Militia for its own defenses.

But if the Bill of Rights was for the State then in the U.S. Constitution would not of had to state that all other rights are reserved for the State.  Yes, the U.S. Constitution was addressed first but before the U.S. Constitution could be ratified the guaranteeing of individual rights were ratified.  It would have been completely unnecessary and duplicity of efforts to include as an amendment the 10 Rights because they were already covered.  If not a Right or Duty of the Federal then it is of the States or still reserved for the People.  So then the only logical and I do not know why it has not been addressed before the Supreme Court in this fashion previously reasoned. 

 What I think needs to be done is to get copies of logic in the Post Revolutionary timeframe and specifically of our founders to see if their speech is directed toward the States or to the Individuals.  Logic would then dictate it was directed toward the individual and not toward the State.

 What do you think about this.

 END


Health Insurance Coverage

July 22, 2009

Health Insurance

As an adjustment on the Form 1040 or 1040A and possibly the Form 1040EZ.

Have taxpayers include the health insurance costs and possibly the cost of medical expenditures as an adjustment on the front page of the 1040, etc.

Or as an adjustment to the 1040, etc. for the medical insurance and the costs of medical expenses to continue as an itemized deduction amount but without the 7.5% adjustment. The 10% AMT (Alternative Minimum Tax) amount should stay however due to the reason for the purpose of the AMT.

Have a Form 1098-H for the health insurance costs for verification in the following year.

Also, use the Form 1098-H for nursing home expenses. In this way a senior citizen with $70,000 in nursing home costs would not have to file an income tax return. Increase the filing requirement by the amount of the nursing home cost coverage.

The health insurance coverage adjustment could possibly reduce the Adjusted Gross Income amount and may change the Earned Income Tax Credit amount. Or this could artificially also modify the earned income so wages were reduced. This would increase (usually) the amount of earned income.

The number of covered dependents would be included on the Form 1098-H to verify the number of dependents. This could be compared with the dependents on the tax form so overstating of dependents on the filed tax return would be reduced.

The objective on the above is to reduce the necessity for the Health Coverage Crisis and the actual payment by the individual taxpayer would continue. An alternative before the people which is simple would be achieved.

CAUTION: In the early 1990’s an additional amount of $500 and maybe $100 per dependent was included in the Earned Income Tax Credit. Fraud was found to be rampant the the extra insurance amount paid by the EITC was dropped. Thus the reason for a Form 1098-H so concrete verification could be done. Or an electronic payment to these individual medical insurance coverage providers or employers could be made.

Sincerely

Keith Ljunghammar, EA

keithlj.wordpress.com


Junker Credit

July 18, 2009
Junker Credit

http://www.letfordrecycleyourride.com/default.aspx

Ford Clunker Calculator

http://www.gminsidenews.com/forums/f12/driving-gas-guzzler-may-worth-4500-more-congress-considers-new-program-74120/

GM Clunker Calculator

A $3500 or $4500 junker credit. That is the question. Whether you trade up by a 4, 2, 1, or NA MPG increase for $3500 tax credit or 10, 5, 2 increase and a $4500 junker credit really is the question. The above web addresses will help in determining what combination your particular situation may dictate.

http://www.letfordrecycleyourride.com/ProgramBasics.aspx

The above would be a web address with a grid list. Look at this grid also.

Purchasing or getting a qualified leased car which is new. But it must also be a more fuel-efficient car or truck.

WARNING: This credit allowance of a total of $1 Billion program is good until November 1, 2009 or until the money runs-out. So effectively you need to treat this as grant money and know that grant money does run out eventually and the ones in line first get the money first. And Yes, November 1, 2009 does land on a Sunday but the law specifically ends on a Sunday for the grants.

What are the qualifications for this program. What vehicles qualify.

* The trade-in vehicle must meet the following criteria.

* Have been manufactured less than 25 years before the date you trade it in.

* Have a “new” combined city/highway fuel economy of 18 miles per gallon or less.

* Be in drivable condition.

* Be continuously insured and registered to the same owner for the full year preceding the trade-in.

* If leased the lease must be for a five year period of time minimum.

As an example Ford, Lincoln and Mercury have 20 vehicles together which qualify as new or leased vehicles which may give you a $3500 or $4500 purchasing credit. Notice that the cost of a vehicle cannot exceed $45,000.

Will the full value of the clunker be a fair value. I do not believe it will be fair at all. If you present your purchase first and get the deal and then bring in your clunker for the end of the deal. At the present time the scrap metal value is low. Steel is still at a high price in the warehouses and the price of steel spot is lower. Ship owners are stalling on retrofiting their boats and waiting for the price of steel to come down. Your car would be just reducing the spot price further and stalling the ship yard work until a later day and time. Could this be further than November 1. This is a question which you will have to ask. This boat owner stall has already lasted for over one year. Will it continue. I believe it will. The price of fish is lower. The price of the cabin is lower. The price of shipping and the amount of tonnage shipped is lower.

One caveat is that a truck which does not have an EPA fuel economy number must be from a model year of 2001 or earlier. Scrap metal and $3500. Even with this qualification satisfied look at the powertrain to see if your vehicle also would qualify. Again, the value of the purchase cannot exceed $45,000.

Remember to negotiate on all aspects of your vehicle. Check the weight of the vehicle. Look at the spot price of steel for the day. I do not know which day the spot price is generally better if any. Call a commodities broker and ask. Maybe a seasonal swing occurs each year. Rough weather in the fall perhaps might be a heavy steel purchasing time.

Combine your purchase with a hybrid vehicle tax credit. But also keep in mind that hybrid vehicles have a maximum life also. New year vehicle purchases end when 60,000 vehicles are purchased. The Prius expired last year for its credit. Other models which came out after the Prius are still available. Do not forget to look at Diesel Engine models as well. Don’t forget to include the sales tax of the general sales tax for your state as an add-on for your standard deduction amount on your federal income tax return. Some states may also provide an additional standard amount for the auto sales tax purchase as well. With the sales tax standard deduction a maximum purchase price is $49,500 and a phased out over modified AGI range of $125,000-$135,000 ($250,000-$260,000 if married filing jointly) may need to be looked at as well. The standard deduction applies only to purchases made after February 16, 2009, and before January 1, 2010. Caution says to keep track of the dates. Or better yet make sure you purchase prior to November 1, 2009 or before the Junker Credit runs out and keep the purchase price below $45,000 or negotiate the purchase price down to $45,000 or below.

If all else fails, buy a used car and wait for a hydrogen fuel source vehicle. A new hydrogen plant to be built was announced last week for Arizona.

Don’t forget about the plug-ins. Oh, are they available as of yet. Too late for this credit.

Or just give up and tell your boss you need to apply for the $20 per month credit for riding your bicycle to work every day under the Commuter Transportation Benefits. Restrictions do apply, yet they are for providing for the reimbursement by an employer to an employee for reasonable expenses for the purchase of a bicycle, improvements, repair, and storage if he bicycle is regularly used for commuting. Hopefully you commute one mile. Maybe with a unicycle it is $10 per month. I have not specifically looked to see if unicycles are considered a qualified alternative mood of transportation. If it is then roller blades or skateboards should be included if they are not motorized.

Good Luck!!

 


U.S. Constitution and California Territory

July 18, 2009

Dear Washington State Congressional Delegation

Subject:  Constitution in relationship to California now being a Territory and not a State/they violated the Constitution for the requirement to remain a State.

California has to be a territory and not a State.  Article I, Section 10 of the Constitution states:

“No State shall . . . emit any bills of credit . . . .”

This is one thing which was happening rampantly in the Pre-Revolutionary timeframe.   On an insistance by John Adams and by James Madison and knowing that emitting a bill of credit was extremely disruptive to commerce and personal business transaction this was a requirement which was included into the U.S. Constitution.  I as of yet am unable to see what King George was doing with this same technique.  If I were to read the Declaration of Indepence I am sure I would also see this type of transaction pre-eminant in King George’s time.  This could have been due partially because of the time travel consequences.  Our immediate cashing of checks via electronics eliminates this as a necessity.

Starting on July 2, 2009, IOU’s from California were submitted for payment to vendors.  This is extremely disruptive to the economy – state and national.

You need to stand up on the floor of the House and immediately demand that all California Representative step down out of the House since they are not to be represented in the House since they are no longer a “State” because their state has violated the U.S. Constitution in Article I, Section 10. 

1) California then as a Territory can collect all equivalent federal monies to balance their budget and then request permission to reenter as a State.  Their budget should be balanced within a few months time. 

2)  This would immediately change the balance of power in the House if some of the Blue Dogs want to vote with the Republicans.

3)  This huge spending mix will stop immediately.

4)  Otherwise, welfare recipients and illegal immigrants will come to Washington State and sign up for welfare and other Washington State benefits because we have the lowest residency requirements and the highest welfare payout amount.  The next closest state with better benefits would be New York State but the traveling distance is greater.

5)  Our State budget would go from $9 Billion to maybe $20 Billion over budget instantly for the biennium.

6)  The other solution would be for the federal government to bail out California from their $26 Billion deficit projection and thus eliminating the continuing process of a IOU program for California taxpayers.

Please advise as to what you will be doing.  Please announce this on the Floor of the House immediately.  A Point of Order statement on the Floor takes precedence over all other orders of business.  This is a Constitutional issue and their is another time when disruption in the House happened.  This was prior to the Civil War and all of the South left and President Lincoln ordered troops to arrest and jail all members of Congress who would not meet in the House.   Then another time was when General Washington saw a problem with the Confederation of the United States.  The next step if the Constitution cannot be abided by might be that the military General for the Army to take control.  This is his duty if he sees that the U.S. Constitution is being violated.   A legal coupe if you will.  Let’s follow the Constitution and avoid having our Army General called to his responsibility of “Protecting and Defending the Constitution” as is his sworn duty before God and Country.  If the Four Star General does not do this then the Three Star General must arrest all other Three and Four Star Generals and do the same.  If not then are we going to proceed down to a Private performing this duty.

Please advise.


King County Politics and Illegal Aliens/Undocumented Immigrants

July 3, 2009

The below are the comments about King County Metropolitan King County Council Committee of the Whole Staff Report in reference to the Proposed Ordinance 2009-0393.

http://KingCounty.legistar.com/LegislationDetail.aspx?ID=406991&GUID=EE0E28D9-3567-43BA-B4E7-F815D2E8C799

This proposed ordinance is trying to say that illegal immigrants are members of the “immigration status” residents and they should also be receiving health benefits under King County rules. 

Comment about the above. See reference to the line numbers.

9) Article 1, Section 8 reserved the (ALL) law to federal jurisdiction.

Article I, Section 8 parts of –
 
To establish an uniform Rule of Naturalization
 
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions,
 
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
 
11) technically a resident who is here illegally is a non-resident as determined by tax code so this provision does not apply.

13) other estimates go to 30 million based upon social security recipients.

15) if 12% illegal immigrant population and we have 9.5% to as high as over 50% in the Yakama Indian Tribal Land area we have a problem. 32,000 Yakama Indian Tribal member residents to 61,000 illegal immigrants and other legal residents.

17) full-time is an assumption.

18) taxes do not exceed benefits if not a high school graduate. So $46MM divided by 362,900 is $126.75 or if 793,800 Washington illegals then $57.94 per illegal in income. For the cost of illegal immigrants to the State of $800,000 the ratio of costs is lopsided.

22/15 362,900 people versus 203,000 jobs lost. So.

25) Illegals are not residents by definition.

26) Historically – U.S. Constitution preserved to federal mandate enforceable by State Militia by the President. Article I, Section 8.

32) Only if illegal immigrants are not allowed to use rights reserved for citizens and legal immigrants of which this proposal does.

39) Legislation is the job of the Council and and not the judiciary.

42) These laws are specifically reserved to the federal via U.S. Constitution, Article I, Section 8.

49) Implied is legal or illegal but wording really refers to legal only.

50) The council could establish cooperative agreements with ICE to allow this. So the problem is with the Council and not the federal in this enforcement. By non-compliance of legislation the Council has already artificially stated that it will not comply with the U.S. Constitution.

52) Simple ICE computer input could determine this. Proper credentialing and cooperation with ICE and County could alleviate this.

61) Washington Secretary of State’s office should already have done this prior to acceptance of voter registration.

68) The federal ICE accepts this as a legal precedence for articulating whether the possibility of being illegal may be present.

78) See 49.

81) or sponsors should be included here.

91) All I-9’s should be E-Verified with the employment processes.

95) Unions should be using E-Verify also as well as subcontractors and contractors and their employees. Federal law exempts union from penalties at the present time.

102) But the prior use of E-Verify should be confirmed for validity of immigration status.

 


Still to do/Illegal immigrants/junker credit

July 1, 2009

I still need to follow up on the old junkers and the economic stimulus which they could help with.

Also, with reading the U.S. Constitution there is an article in one of the San Francisco newspapers about illegal immigrants and loopholes in the law for underage illegals who commit crimes.

The U.S. Constitution specifically holds these laws to their creation only by the Congress and enforceable by the President via the Militia.  Either the State or the using of the State Militia by the President to enforce ALL laws pertaining to naturalization.  I will spell out later specifically what I am refering to.  Have to get to a meeting 44 miles away and the traffic is usually bad to leaving at 4 to go 44 miles and be there at 6 p.m. 

This illegal immigrant thing is out of hand.

See my post about the King County Council and proposed ordinance 209-0393 and the reference to line 9 and below this is a reference to the U.S. Constitution, Article I, Section 8 and wording relating to naturalization.  aka illegal immigrants and/or undocumented aliens.