Blue Collar Muse

A friend emailed me about Bob Corker’s involvement in the Gang of 10. He asked, “What is Corker doing?” To quote Bob Corker himself, he is doing “…exactly what I came to the Senate to do.” To the host of Tennesseans who bemoaned the choice of Corker over Ed Bryant as our Senate choice in 2006, he’s doing exactly what we feared. In fairness, for two years Corker has been a pleasant surprise. However, he couldn’t have picked a worse time to begin living down to our expectations.

Just like GOP Senators in the Gang of 14 and judicial nominees, Republicans in Energy’s Gang of 10 are undermining GOP leadership and strategy. Mitch McConnell and GOP leaders have worked this issue for months with the backing of Republicans and Democrats; legislators and voters. Pressure was mounting on Democrats to surrender their sellout of Americans. Gas and oil prices were falling. Support for Energy Independence via drilling and R&D for alternative and renewable energy sources was growing. It seemed inevitable the GOP would get their vote and sooner rather than later. Now, thanks to meddling by Corker, instead of continuing to exploit flaws in Democratic policies, Senate GOP leaders might be forced to regroup and decide if they can even continue in the face of the Gang’s treachery.

Worse is Corker’s betrayal of Tennesseans and Americans in general. The Gang’s proposals ask for less concessions than GOP leadership would likely have been able to get from the Senate. The Gang does call for drilling. But they accept serious restrictions on drilling the GOP would likely not have needed to give up; restrictions which make the oil produced more expensive. Drilling 50 miles offshore is more expensive than drilling 15 miles offshore. Unmentioned is most oil we already know about is inside the Gang’s 50 mile ban meaning more time and expense for exploration.

Then there are the taxes. $84 billion worth. That’s what Corker proposes taking from oil companies who successfully find oil outside of 50 miles. It doesn’t sound too bad to Americans at their kitchen tables figuring how to pay for fuel. They don’t call it a tax and so taxpayers are off the hook, right? In fact it even sounds helpful.

The proposal also seeks to provide tax incentives for converting cars to non-oil fuel sources, including $20 billion for research and development, grants to help U.S. automakers develop alternative fuel vehicles and consumer tax credits for purchase of highly efficient cars.

5 Republicans signed on to this? How exactly will this help Americans pay for fuel anytime soon? What widely available, inexpensive, “non-oil fuel source” currently exists for Americans to convert to? Propane? Driven past a commercial propane station lately?

R&D grants to automakers clearly indicate any benefits are expected to be future ones. Even the current existence of increasingly fuel efficient cars to which proposed tax credits might be applied is misleading. They are brand new cars, not used ones; many sporting new technology making them even more expensive. Corker’s plan is to give Americans a $2,500 tax credit, for example, to buy a $25,000 car? This is making things more affordable?

Add to this the plan’s call for 85% of cars on the road by 2028 to run on non-petroleum fuel and you see how much this will cost American families already unable to afford $4 gas.  Considering there are at least 100 million vehicles now on the road, Americans and American business will have to replace or modify 85 million vehicles in the next 20 years.  At $2,500 to $25,000 per vehicle that’s a $212.5 billion to $2.125 trillion high drag, low speed burden the Gang imposes on Americans and the American economy in the name of saving us from high prices.  It sounds like the joke about buying things one doesn’t need because they are on sale and justifying the purchases based on “savings”!

Worse, there won’t be any real savings. Adding $84 billion to oil companies’ cost of production only means the product produced will cost $84 billion more at the pump. Americans are going to pay more thanks to Corker and the Gang. R&D is fantastic. Even if it takes years to bring something to market, the wait is generally worth it. But at issue is what do Americans do in the meantime? Cheap oil now while we transition is better than expensive oil now until we transition.

The final insult is that oil produced under the Gang’s plan cannot be sold outside the US. Democrats have whined for years about losing good jobs and weakening the Economy. Here is an opportunity to create jobs and fuel the Economy and Corker and the Gang won’t allow it. Brazil has enjoyed record economic growth and job creation as it has changed from a net oil importer to a net exporter over the last 5 years or so. But for Corker and the Gang, oil production beyond that necessary to eliminate US oil imports cannot be sold on world markets. The jobs, economic growth and general prosperity oil exporting nations enjoy is denied to America and her citizens, corporate and individual.

Thus the next command from government beyond where we drill and where we sell will be how much we produce. Only produce here; only sell there - as if government owned the oil. Couple these restrictions with government requirements that Big Oil finance R&D which makes their product less marketable and you complete the picture of the ignorance the Gang wants foisted on the American public as beneficial. And Bob Corker says this is exactly what he wanted to accomplish in DC.  Corker and the Gang would be better advised to join up with their GOP House colleagues’ #Don’t Go Movement.  It provides all the benefits they say they want with none of the drawbacks.

To recap, the R&D the Gang proposes won’t be helpful for years. They tease you with tax credits for far off R&D results you’ll end up paying for later anyway via the same high prices they claim to be fighting. As beneficial as R&D is for tomorrow, today’s prosperity requires inexpensive, readily available oil. The immediate burden of surviving lean R&D years falls on Big Oil. But they must work while prevented from drilling in the best places, selling for the best prices or providing the best wages and profits for Americans; all the while dealing with government imposed reductions on the value of their market and product.

Thanks, Bob! Do us a favor and don’t Gang up on us anymore. We can’t afford it!

Blue Collar Muse

SEE ALSO:

Gang of 10, Continued at Terry Frank

Letter to Senator Bob Corker, R-TN by Debbie at Right Truth

Gang of 10 Compromise: Conservative Sellout or Minority Political Reality? by Truman Bean at Truman’s Take

Popularity: 17% [?]

Tags: #Don't Go Movement, America First, Bob Corker, Energy Policy, Gang of 10, GOP, Higher Taxes, Tennessee

If you’ve ever loved a list of quotes that rocks your world with the philosophy it espouses but breaks your heart with the shortness of its length, despair no longer. Eric Odom has put together The Ultimate Libertarian Quote List at his blog. Or as I’m sure it will come to be known in the years ahead, the MOALQ.

My favorite (about half way down the list) is from P. J. O’Rourke,

We’re told cars are wasteful. Wasteful of what? Oil did a lot of good sitting in the ground for millions of years. We’re told cars should be replaced with mass transportation. But it’s hard to reach the drive through window at McDonald’s from a speeding train. And we’re told cars cause pollution. A hundred years ago city streets were ankle deep in horse excrement. What kind of pollution do you want? Would you rather die of cancer at eighty or typhoid fever at nine?

Take a half hour and enjoy the rest of the quotes.

Blue

Popularity: 17% [?]

Tags: , Eric Odom, Libertarian, Quotes

1st. Lt. Thomas M. Martin
27 years old from Ward, Arkansas
C Troop, 1st Squadron, 40th Cavalry Regiment, 4th Brigade Combat Team (Airborne), 25th Infantry Division
October 14, 2007
An Eagle Scout, Thomas M. Martin took on cleaning up an old red train caboose as a service project. “He remodeled it to make it where people could go inside. If you saw it before and looked in it after he was through - it was daylight and dark”, said his former principal, Robert Martin, who is no relation. “Tom was involved in Key Club, German Club and band, making All-Region Band his sophomore year”, said Robert Martin. “He was a wonderful young man. Those that knew him knew he was funny and outgoing.”

Lt. Martin died in Al Busayifi, Iraq of wounds sustained from small-arms fire when insurgents attacked his unit during combat operations. He enlisted in the Army in 1998 after graduating high school and served in Korea before accepting an appointment to the United States Military Academy at West Point, graduating in 2005.

“He was very polite and respectful. I can’t think of him ever overreacting; he had a wonderful, good-natured personality”, said Pat Hagge, a family friend. “It’s a terrible tragedy; he was a great young man.”

Lt. Thomas Martin is survived by his parents, Edmund and Candis.

These brave men and women sacrifice so much in their lives so that others may enjoy the freedoms we get to enjoy everyday. For that, I am proud to call them Hero.
We Should Not Only Mourn These Men And Women Who Died, We Should Also Thank God That Such People Lived

This post is part of the Wednesday Hero Blogroll. For more information about Wednesday Hero, or if you would like to post it on your site, you can go here.

Popularity: 16% [?]

Tags: 1st. Lt. Thomas M. Martin, Air Force, Army, Marines, National Guard, Navy, US Military, Wednesday Hero

Well folks, time to let your voice be heard if you’re concerned at all about Tennessee Toll Roads. Why? Well, our beloved government, once again, wants to represent us. They want to know what we think about Toll Roads in Tennessee. So they’ve scheduled public meetings for Memphis, Nashville and Knoxville. Ooops … did I mention those meetings were scheduled for July 10th, 15th and 17th respectively? I know, there was just so much publicity. How could it have slipped past me? Actually, there is one more public meeting on July 29th in Memphis which will at least partially address the matter so you Westies take notice!

Thanks to an email tip from Bobbie Patray of The Tennessee Eagle Forum, however, we can still make our voices heard. And we need to do so. Bobbie notes the meetings were not about specifics but “… about the concept of tolling in general and what it could bring to the State of Tennessee.” She linked to a story in the Knoxville News Sentinel which reports TDOT says there will be no Toll Road if public opposition is high enough. While that’s encouraging, one wonders what will have to happen for TDOT to accept that we don’t want Tennessee Tolls.

KNS reporter J.J. Stambaugh notes,

Tennessee Department of Transportation Commissioner Gerald Nicely drew a round of applause Thursday when he promised that the proposed Knoxville Parkway won’t be a toll road if the public is opposed to the idea.

It was the only applause he drew during the 90-minute meeting at Bearden High School, which was attended by about 50 people.

I don’t have any numbers for those attending in Nashville or Memphis but it seems the publicity for this little shindig in the East was as skimpy as elsewhere. The money quote is about a third of the way through the article.

Nicely and other officials, including TDOT Chief of Environment and Planning Ed Cole, explained that the Legislature has authorized TDOT to look at possibly building toll roads, but included the caveat that “strong public support” is a prerequisite for moving forward.

During a following question-and-answer session, Knoxville resident David Cochran asked Nicely to define “strong public support” for the audience, most of whom clearly were opposed to tolls.

“That’s one of the things we’re doing here tonight,” Nicely said. “I don’t think I can define ’strong public support’ tonight.”

Nicely’s response initially drew snickers and groans from the crowd, but he found himself showered with applause after adding: “There probably is more opposition than there is support for the project. … If that trend continues, we would not proceed.”

And there you have it. The will of the people is painstakingly sought in the decision making process. All the people have to do is rally enough opposition. But we don’t know how much opposition is enough opposition. And the person who will determine how much is enough can’t tell us how much that actually is. If that isn’t government in action, I don’t know what is.Fortunately for us, while public comments at the meeting are closed, your opinion on the matter can still be heard! For those interested, your comments must be in writing (either email or snail mail), send snail mail to:

Project Comments
Tennessee Department of Transportation
Suite 700, James K. Polk Building
505 Deaderick Street
Nashville, TN 37243-0332

Note in the beginning of your letter your comments concern the proposed Tennessee Toll Roads and the recent public meetings held in regards to them. TDOT will be able to attach your comments to the appropriate file from there. Get them in the mail quick, too. Bobbie Patray notes there’s only a 21 day window after a meeting for your comments to be attached. No one at TDOT could clarify whether that meant 21 days from the last meeting or 21 days from the 10th for Memphians, 21 days from the 14th for Nashvillians and so on. Nor could they clarify whether or not it was a postmark of 21 days or actually received in 21 days.

If you prefer email, send your comments to Elizabeth Beeching at elizabeth.beeching@state.tn.us with “Toll Roads” in the subject line. They’ll print your email off and add it to the comment file.

If you have further questions or concerns on this, here are two additional sources of information. The folks at TDOT’s Community Relations Department were very helpful and encouraged me to call them at 615-741-2331. In addition, TDOT maintains a page listing the Public Comment Meetings available to all Tennesseans on all their projects here. Might be a good page to bookmark.

That’s it. Get busy! Go write and tell them “No Tennessee Toll Roads!” If we don’t we only have ourselves to blame!

Blue Collar Muse

SEE ALSO :

Toll Roads in Tennessee? at Rustmeister’s Alehouse.

Thanks to Stacey Campfield’s ‘Blue About Toll Roads’, Michael Silence’s ‘A Blogger’s Campaign Against Toll Roads’and Blue Collar Republican’s Tennessee Toll Roads for the link love!

Kat Coble schools my toll road despising backside in Queen of the Toll Road at Just Another Pretty Farce.

Popularity: 22% [?]

Tags: Gerald Nicely, Public Meetings, Public Opposition, TDOT, Tennessee Toll Roads

The powers permitted to Government ought to be few and well defined. So believed James Madison. Nowhere is this more true than in the area of “police power”. It should be noted the Constitution only extends police powers to the federal government in case of “counterfeiting, treason, piracy and offenses against the laws of nations.” Which makes for disturbing news from Homeland Security. Seems citizens need to be aware of yet more when flying.

Walter Williams illuminates. There is a new federal offense for air passengers. Called “nonphysical interference”, it carries up to $1,500 in fines for distracting a Transportation Safety Administration (TSA) screener’s attention from what he is doing. Williams writes the definition of

… nonphysical interference is solely up to the discretion of a TSA screener since it isn’t defined in the regulations. TSA agents can levy fines for a passenger disagreeing with the behavior or arrogance of a screener.

Williams reports hundreds of accounts of rudeness by TSA employees. In March, 2004 alone there were almost 3,000 formal complaints about TSA behavior, none of which resulted in disciplinary action. This from folks who now have authority to fine and arrest you for “interfering” with their duties! This doesn’t inspire confidence in the proper exercise of power.

Even worse, Williams also reports TSA has an entirely new position. Behavior Detection Officers (BDO) are now examining body language, facial expressions and other behavior to determine which passengers exhibit behavior warranting a more detailed screening. Bob, a trained BDO blogging at TSA’s ‘Evolutions in Security’ blog, defends the practice. He notes,

The program was designed by Paul Ekman (PhD), … He’s been studying behavioral analysis for the past 40 years and has taught the TSA, Customs and Border Protection, CIA, FBI and other federal agencies to watch for suspicious facial expressions of tension, fear or deception. … After passing along his skills to US Customs, their “hit rate” for finding drugs during passenger searches rose to 22.5 percent from 4.2 percent in 1998.

and further relates

Between July 1, 2007 and February 7, 2008, 514 people were arrested after being referred for additional screening or directly to law enforcement officers by behavior detection officers. The arrests include unlawfully carrying concealed firearms or other weapons, possession of fraudulent documents, transporting undeclared currency, possessing illegal drugs, immigration law violations, and outstanding warrants.

I’ll admit the technique increased US Customs’ hit rates over 500%. I’ll also note it still failed over 75% of the time. That hardly seems a scientific result to brag about.

Bob says BDOs might have flagged some of the 9/11 terrorists and “subjected them to secondary screening and questioning.” That might have saved lives. And it sounds low key. Citizens are singled out for searching and a few questions and bad guys get busted. However, the WSJ reports BDOs are “agents … trained to watch what [citizens] … do and ask pointed questions to raise their stress levels … to conduct rapid-fire questioning to find inconsistent stories.” That’s a different scenario and the potential for abuse is obvious.

If we apply Customs’ 75% failure rate to Bob’s 514 arrests, over 2,000 innocent passengers were intentionally upset, provoked and abused in producing that result. Of the list Bob touts, only “firearms and other weapons” impact air travel safety, the real job of TSA. How many of the 514 busts were weapon related? 5? 25? 100? Allowing 25 undetected weapons through would be a 1% failure rate. Doing nothing would have vastly improved TSA performance.

This is an apples-to-apples comparison. Because a 75% failure rate detecting bad guys by behavior equals TSA’s rate for detecting bombs at the airport! Publishing figures USA Today says “stunned security experts”, the TSA itself admitted failing to detect 75% of bomb components it tried to sneak past screeners at Los Angeles International Airport. At Chicago’s O’Hare, the failure rate was 60%. These figures are from 2007. But the paper also reports “Tests earlier in 2002 showed screeners missing 60% of fake bombs. In the late 1990s, tests showed that screeners missed about 40% of fake bombs …”

In what should have been a highly touted result, the best screening results came from private screening companies. In 2007, “San Francisco International Airport screeners, who work for a private company instead of the TSA, missed about 20% of the bombs, the report shows.” In 2002, “… screeners failed to find fake bombs, dynamite and guns 24% of the time. The TSA ran those tests shortly after it took over checkpoint screening from security companies.” TSA could immediately improve results by over 200% if they simply privatize the process!

Something needs to change. The figures paint a dangerous and unflattering portrait. TSA has had a 150% turnover in personnel in just over 6 years. This means inexperienced employees, often with only basic training, are on the job. There is little in the way of technology to make up for the inexperience. This produces pressure on frontline TSA personnel. Top that off by allowing an agency without police powers to increasingly look like police and act like police and we create what ‘Consumer Reports’ calls “A ‘facade of security’”. We also have the real threat of creating the very environment terrorists desire; innocents victimized by authority in response to terrorism.

I wish I had solutions. I don’t. But it seems our current solution is becoming worse than what it seeks to prevent. Increasing TSA authority is the wrong response. We need less confrontational, more successful and, dare I say, non-governmental options. The goal is not safety at any price or even merely safety. It is safety within the constitutional bounds of smaller government and undiminished personal liberty. We’re at another one of those crossroads. Choose wisely.

Blue Collar Muse

Popularity: 25% [?]

Tags: airport screeners, BDO, Behavior Detection Officer, nonphysical interference, Paul Ekman, TSA

Last week I wrote about the plight of Nashville’s Joy Ford, the country’s latest victim of Eminent Domain abuse by government. Nashville’s Metropolitan Development and Housing Agency (MDHA) has begun legal proceedings under Eminent Domain to condemn and seize Joy’s business. It has prospered at the head of Music Row for almost 30 years. Now it is “blighted” and must be bulldozed to make room for $100 million dollars worth of development by a private firm in Houston, TX. I said last week, this case is every bit as bad as Kelo vs New London in 2005.

Possibly anticipating the nation’s outrage over Kelo, Justice John Paul Stevens, writing in his Kelo opinon, said, “… nothing in our opinion precludes any state from placing further restrictions on its exercise of the takings power.” In the aftermath of Kelo, according to Property Fairness, 27 states, including Tennessee, took Justice Stevens’ encouragement and attempted to do exactly that in 2006.

The problem, of course, is not in the attempt but in the accomplishment. The Tennessee Bar Association published an excellent analysis of Tennessee’s new law. The short version is that, in Tennessee, little was accomplished beyond political posturing. It is Tennessee’s 2006 failure to further restrict its takings power which leads directly to MDHA’s 2008 actions against Joy Ford. Speaking of the effectiveness of Tennessee’s legislation, Drew Johnson, President of The Tennessee Center for Policy Research noted,

“Tennessee’s new eminent domain law is a joke—and the joke is on property owners across the state,” … Tennesseans aren’t any more secure from having their property taken than before the law was passed.”

In particular, Johnson says that the law’s failure to more clearly define blight and its outright encouragement of eminent domain use to acquire land for industrial parks makes it particularly threatening to property owners.

Three months earlier, State Rep. Susan Lynn (TN-57), offered this evaluation of the law,

… after being worked through committee, this bill essentially guarantees very little protection for Tennesseans when it comes to eminent domain. To quote Sandra Day O’Connor in her dissent of the Kelo decision, the “specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.”

The bill states that ‘public use’ shall not include either private use or direct public benefits deriving from private economic development or private commercial enterprise, including the benefit of increased tax revenue and increased employment opportunities - except in the case where eminent domain is used for; roads, public utilities, private utilities, housing authorities, community development agencies for urban renewal or redevelopment plans; or for industrial parks. Looking at that list, I really can’t think of any exception for private economic development by eminent domain that the bill leaves out.

These 2006 comments by Lynn and Johnson are prescient. Joy Ford’s property is being seized because it is deemed “blighted”. Drew Johnson noted the law’s poor definition of blight. According to Ms. Ford, her property is ruled “blighted” because, among other things, it is surrounded by a chain link, barbed-wire topped security fence and is the only building left on the development property. Yet someone, perhaps the developer, has erected a shabbier looking fence around the development site. It goes unreported that both a hotel and Ford’s building abut the same parking lot. I assume the hotel property is not part of the development and so escapes urban “blight” despite also standing alone. Either that or Ford’s building is not the only one left on the property. Further, the reason Ford’s building is the only one left is the Shoney’s and other buildings standing on the site were demolished in anticipation of the development.

I’m trying to determine if these truly are factors in the classification of the Ford’s property as “blighted”. If so, how unfair. MDHA and LionStone Group want to buy her property but Ford won’t sell. They move ahead with development plans and clear the land. This has, for them, the pleasant side effect of creating the situation needed to force Ford from her property. Had LionStone and MDHA been required to wait until the property was free and clear before proceeding, a major element of the case against Ms. Ford, that of her “blighted” property, would not exist. How does creating “blight” for personal gain become working for the good of the public?

However, it is Rep. Lynn’s comments which make me wonder if government has not stacked the deck against the citizens they are to represent. A quick read of the bill would lead one to believe Tennessee was seeking to protect Tennesseans from the exact abuse Connecticut forced on her citizens. As Rep. Lynn observes, the bill starts well, noting “‘public use’ shall not include either private use or direct public benefits deriving from private economic development or private commercial enterprise, including the benefit of increased tax revenue and increased employment opportunities …” Unfortunately, the Tennessee Legislature left a loophole in the law. While making an acceptable exemption for traditional uses of Eminent Domain such as “… roads, public utilities, private utilities …” the bill then opens the door to all manner of Eminent Domain abuse by also exempting cases “… where eminent domain is used for; … housing authorities, community development agencies for urban renewal or redevelopment plans; or for industrial parks.”

The very issue which enraged the public in the Kelo decision, taking private property for private economic development to increase the city’s tax revenue, is not forbidden to government. In fact, the mechanism for government to do precisely that is written into the law. Government is forbidden from directly taking your property to develop to improve tax revenues. But agencies created by government whose purpose is development can do so. How did such disregard for citizen’s rights become law and an example of preserving the rights of citizens?

I’d like an answer to that from the Legislature. I’m sure Ms. Ford would, too. But for her, time is running out. The Legislature ran out of town at the end of the session. Too bad MDHA is still here and they’ve given Ford until just the middle of September to vacate the premises. After that, the wrecking balls start swinging. That’s long before the politicians responsible for this mess swing back through town. Stay tuned for more on this here …

Blue Collar Muse

SEE ALSO:

LionStone Blight at Kay Brooks.

Government Takes Over in Nashville at Blue Collar Republican.

Eminent Domain Abuse in Nashville at The Roundtable.

Popularity: 40% [?]

Tags: Country International Records, Drew Johnson, Eminent Domain, Joe Cain, Joy Ford, Kelo v New London, Lionstone Group, MDHA, Music Row, Private Development, TN Rep Susan Lynn

Near the beginning of The Declaration of Independence, these words appear.

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.

It is here, a 30 second read into the birth of our nation, we find the most important right which government is to secure, the Pursuit of Happiness.

The Declaration establishes three foundational rights. The Constitution generally amplifies them, outlining ways government may not prevent us from exercising them. Our Right to Life is partially expressed in our Right to Keep and Bear Arms to defend that Life if threatened. Our Right to Liberty is partially expressed in our Right to Due Process to ensure any restraint on that Liberty is just.

One Right listed in the Declaration is different. It has no amplification in the Bill of Rights. The least discussed, it is the most important - the Pursuit of Happiness.

The Pursuit of Happiness is different in that it guarantees nothing. Other Rights we enjoy enumerate a concrete something. We have Freedom of Speech. Speech is a “something” that is mine. Just so with Life, Liberty, to Bear Arms, the Press - at the end of each we find something tangible. Not so with the Pursuit of Happiness.

Pursuing Happiness is the only Right which does not define an outcome. We are not guaranteed Happiness, just the Pursuit of it. We are not assured the road will not be difficult or poorly maintained, merely that it is there to be traveled. Because of this, the Pursuit of Happiness is our most precious Right. Because phrased another way, it guarantees our Right to Fail.

Happiness is different for every man. Our dreams are as individual as we are. It would have been folly to try to define Happiness; folly to determine the best path to Pursue it. Pursuits may be long or short; easy or difficult; straightforward or complicated. While I am grateful for the straightforward, short and easy ones, it is the value in the complicated, long and difficult ones which the Declaration anticipated. Because the Pursuits teaching us the most, both building and revealing character; producing the most opportunity for us, are the difficult ones or the ones we fail to complete at all.

Thomas Edison tried over 4,000 different prototypes of the light bulb before realizing his goal. He is reported to have said, “I have not failed 4,000 times. I have discovered 4,000 ways not to create an incandescent light bulb!” Undaunted by failing in his Pursuit, Edison learned from each. It was because of, not in spite of, his failures, that he succeeded. Even the simplest Pursuits face obstacles. A man’s response to them determines not just his success in Pursuit of that specific Happiness. It determines his success for all future Pursuits as well.

Do we persist in adversity? Do we work as hard in anonymity as we do in the limelight? Do we collaborate or insist on solo Pursuits? There are a myriad lessons to be learned. Most of them are only learned through failure. As it is said, “Most good judgement comes from experience! Most experience comes from bad judgement!”

It is here where a man’s success or failure in his various Pursuits is determined. Because along with recognizing man’s Rights, the Declaration notes men institute government to secure them and that government does so only with the consent of the governed. It thus becomes vital for the governed to so value the Right to Fail they refuse to consent to any plan by government to take it from them. They must consent to striving in an environment, secured by government, in which failure is a valued result.

If We The People consent to government which takes away our Right to Fail, we consent to government which will take away our other Rights as well. Securing a government with power to eradicate our individual Pursuits, we secure a government with power to define our individual Happiness. When Happiness is defined for the many by government, individuals must surrender the rest of their Rights to facilitate the government’s Pursuit. Those refusing to do so are threats both to government and the governed. We all know how threats are dealt with.

This is the question Americans must answer. Will we be allowed to fail or not? The Left, and far too many on the Right, say, “No! No one must fail!” There remains, however, a minority which understands the value in failure. It understands the pain in little failures along the way are motivation to great Happiness at the end of the Pursuit! It understands failure is not an impediment to Happiness, it is a stepping stone to a successful Pursuit. It knows temporary suffering in a failure while Pursuing does not compare to the eternal suffering in failing to Pursue at all.

Celebrating your Independence today, understand what it means to be Independent! It means your success or failure in the Pursuit of Happiness depends on you, not the government. It means you not only can, but will, fail while in Pursuit. When your Rights are secured by government and not defined by it, you embrace failure as a blessing and not a curse, as a teacher and not a thief. You truly have Life, you are truly at Liberty, you have the best chance for a successful Pursuit!

In college, I hung a poster on my wall which read, “A ship in a harbor is safe. But that is not what ships were made for!” Enjoy your Pursuit! Godspeed!

Blue Collar Muse

Popularity: 26% [?]

Tags: Bill of Rights, Declaration of Independence, Liberty, Life, The Pursuit of Happiness, US Constitution

By the time I got to RedState a bit ago, I was already neck deep in stories about government, at all levels, simply ignoring rules and laws they don’t like. It seems to be approaching epidemic proportions. It seems to be true regardless of whether or not the government in question is local, state or federal. It is true whether the officials involved are on the Left or on the Right.

In the last few days I’ve reported on Jim Cooper, Democratic Representative from Tennessee, ignoring common sense and the law by illegally obtaining information from a password protected private website. Despite literally confessing to having violated the law during a committee meeting, the Congressman will likely face no criminal charges.

This morning I posted on Eminent Domain abuse by the City of Nashville. Despite the clear language of the 5th Amendment’s Takings Clause, the city is moving to seize a citizen’s property to give to a private developer in the name of public use. Only in government can you so distort the meaning of words.

And when I get to RedState today, I find that the administrator of Atlanta’s airport has no intention of complying with the recent change in Georgia law which permits concealed carry permit holders to be armed in areas previously off limits to them. Hartsfield-Jackson Airport General Manager Ben DeCosta , ” …announced that, even though they are not breaking the law, anyone with a firearm in the areas that the new law allows people to carry will be arrested.”

Laws? We don’t care about your stinking laws!

Only when the people insist on their rights and are willing to go to great lengths to do so, will government be forced back to their proper role of servant to the people. Government as Master is a nightmare scenario playing out on stages across the country. It needs to stop.

Blue

Popularity: 32% [?]

Tags: , 2nd Amendment, Concealed Carry Law, Eminent Domain, government breaking the law, Hartsfield Airport, Jim Cooper, Joy Ford, RedState

What Circle? 23 Music Circle East - Nashville, TN to be precise. And broken may be the kindest way to describe what the owner of the business at that address faces. Shattered, decimated, mercilessly hounded into oblivion all come to mind to describe what Joy Ford, owner of Country International Records (CIR), is facing at the hands of Nashville’s Metropolitan Development and Housing Agency (MDHA).

For almost 30 years, Ford and her late husband Sherman, have operated one of the first studios on what would become Music Row at that address. While much of the rest of the Row has gone corporate with multi-million dollar facilities, CIR remains privately owned. This earns CIR the classification of an Independent label or “Indie” as it’s known in the trade. Usually reserved for recent entries into the field who don’t have the juice to or don’t want to compete with the big boys, in the case of CIR, it’s deceptive. Joy and Sherman Ford were making music, writing songs, developing artists and cutting tracks at Country International Records long before many of the current Music Row elite were born. The walls of Ford’s business are filled with pictures of the legends she’s personally worked with. Stars like George Jones, Merle Haggard, Willie Nelson, Tracy Lawrence, Tim McGraw and more.

If government has anything to say about it, that won’t be true much longer. Chas Sisk at The Tennessean, who has covered the story since March, reports,

The Metropolitan Development and Housing Agency filed papers in a Nashville court Friday to start a process that would take the offices of Country International Records at 23 Music Circle East.

The action, the city’s first test of eminent domain since the state legislature tightened condemnation laws two years ago, was taken after the agency determined that negotiations with building owner Joy Ford would not work, said Joe Cain, the agency’s development director.

“We’re not having any conversation,” Cain said. “We’re hopeful that now she will meet with us.”

The government is filing papers to take Ford’s property. When they asked her to sell she said, “No”. Problem was, Joe Cain and MDHA didn’t like that answer. Having determined “negotiations with the building owner Joy Ford would not work” (read: this woman doesn’t want to sell her property at any price) they are having her property condemned as “blighted”. If she will not sell, they’ll force her out. With the pressure on, they’re “hopeful that now she will meet with” them. Mr. Cain and the MDHA seem to be confusing conversation with coercion.

A casual read of the issue sounds like a business deal moving along, working out small contractual differences as it goes. A “win-win” in the buzzword parlance of business. Except Joy doesn’t want that sort of victory. Her idea of winning is Joe Cain and MDHA leave her alone to continue the dream she and her late husband pursued for years, making music. This being America, she should be able to do exactly that. The property is hers. She owns it free and clear. She pays all her taxes. To most Americans that means that she can do what she wants with her land as long as it’s legal.

Welcome to the real blight in this story. Just a week after Kelo v New London’s 3rd anniversary and in a week celebrating the quintessential remembrance of American freedom from governmental tyranny, the spreading blight of governmental abuse of Eminent Domain has arrived in Nashville. The arrogance and hubris of Joe Cain and MDHA reminds one of the royalty we opposed for our freedom over 230 years ago. If Joe Cain has his way, Joy Ford’s dreams and right to do what she pleases with her own property will be bulldozed to make room for a $100 million dollar development deal with a private company in Texas.

At it’s heart, this is the real issue. True Eminent Domain is about the government requisitioning property for Public Use for the good of all the citizens. This is just a business deal. And it’s the stuff of Hollywood, not Music City. It reads like a boilerplate movie script, not a hot Billboard single. The widow v the conglomerate. MDHA signed a deal with Houston based Lionstone Group, a private developer, to sell them the property they wanted at cost. They inked this Music Row deal in March of this year. At the time, Ford’s property was not theirs to sell yet they sold it anyway! Now, they are using strongarm tactics to keep a promise they had no right to make. In doing so, they are not simply trampling on the rights and dreams of one woman. They are making a mockery of our Constitution and rights and values paid for with the blood of tens of thousands. The question is, will this movie script, as yet unfinished, have a happy ending? How will this sad country song finish after the bridge?

I met Joy Ford just this afternoon. But three weeks ago I wrote ‘Eminent Domain, the other ED’ in which I said,

New ED will be eradicated when Americans choose to reclaim their constitutional rights and responsibilities. We must trust ourselves and our neighbors more than those in government when making decisions about our property. We must reject the idea government is our source and reclaim the notion we are responsible for ourselves and have specific rights, including to own property. And we must be willing to defend our Right to private property ownership by exercising our other Rights as needed. The Right to Free Speech, to Assemble, of the Press and perhaps even to Keep and Bear Arms will be needed to stem the encroachment of government on our Rights.

Joy Ford is going to fight. She’s going to need some help. I’ll stand with her. This is just the first of several posts I have planned. Phil Valentine will stand with her. Metro Councilman Mike Craddock will fight for Joy. There are some country music legends chiming in, too.

I’m inviting you to stand with her as well. I’m asking you to be like Bill R. from Washington, DC. He read Joy’s story in the Tennessean and walked from downtown’s Renaissance Hotel to Joy’s part of Music Circle. Having seen her place and her plight, he wrote her a check and an encouraging note. His actions said he believed this is a fight Joy can win but it will take more than just her. Watch this space, tune in to Phil and other talk radio shows for more information. Call Mayor Dean and your Council member. Put the pressure on and keep it on. The MDHA is saying they are doing this to benefit all the people, not just one developer. Tell them there are limits to how far you want them going in your name.

Blue Collar Muse

SEE ALSO:

Eminent Domain Use Violates Nashville Private Property Rights at Truman’s Take.

Abusing Eminent Domain at An Ol’ Broad’s Ramblings.

City Starts to Seize Music Row Property, Chris Cannon at News Channel 5. Video report, pics and video transcript.

Joy Ford Fights for Property, John Dunn at Fox 17 News.

Popularity: 35% [?]

Tags: Country International Records, Eminent Domain, Joe Cain, Joy Ford, Lionstone Group, MDHA, Music Row, Private Development

So, I got this letter late last week from the IRS. The only thing worse would have been to hear Mike Wallace and the “60 Minutes” crew were filming on my front lawn. Come to think of it, even that may not be worse …

The letter was computer generated, thanking me for my recent correspondence with them. It said they had not responded yet as they had not finished preparing a “complete response” and that it would be forthcoming within 45 days. It reminded me the installment agreement I agreed to for payment of my taxes was still in effect and I should still make my scheduled payments. It even helpfully included an 800# I could call if I had any questions.

It was a polite, encouraging and downright personable piece of communication. But there was one teensy-weensy lil’ problem. I had not recently corresponded with them for any reason other than to mail a check on April 14 for the entire amount of the taxes they wanted from me. There was no installment agreement agreed to and no scheduled payments. Had this been a business like a credit card company saying I had not paid my bill, I wouldn’t worry. I’d just call their 800# and get this straightened out. Did I mention this letter was from the IRS?

Still, it was such a NICE letter and they had included an 800#. I called on Saturday but they were closed. To be fair, I don’t remember if they were closed because it was Saturday, allowing taxpayers across the country to breathe more easily, or if I just called after hours on Saturday. Regardless I didn’t speak to the nice folks at the IRS that day. I laid the letter in my inbox to call this week. Yesterday, I saw the letter and decided I had the time to spend on hold and to deal with any bureaucratic red tape. I dialed the phone.

After about 15 minutes on hold, a nice lady answered, giving me her name and ID#. I explained about the letter and that there was an important looking reference number at the very top which I felt sure linked to a file with all my details in it and we could get this taken care of quickly. The nice IRS lady told me, “No, I don’t need that. What’s your Social Security number?” I gave it to her and she explained we would have to do a quick Q&A to establish my identity. 5 minutes later we agreed that I was me.

She asked why I was calling. I explained about the letter and the 45 days and the installment agreement and that I didn’t recall doing any of those things. The nice IRS lady told me, “According to my screen, you’re right. You don’t owe any tax, we’ve released your stimulus package payment and there’s no installment agreement!” Relieved, I said, “Great! So you’ll take care of this for me?” She helpfully said, “I sure will. I’ll just send an email to the person who sent you the letter and have him call you. It will be sometime in the next 30 days. He’ll need to make sure this is not a mistake on our part. Where can he reach you?”

I asked to contact the person myself. I explained my concern that, if it took the full 30 days, and if the IRS decided I owed the money, there would be interest and penalties. Since, if I disputed the decision, I had to prove I didn’t owe it, and not the other way around, I’d probably just pay the money. When dealing with people who can padlock your home and business, freeze your accounts and generally make life inconvenient, it is often wiser to simply pay them. It’s called the “Let the Wookie win!” strategy.

The nice IRS lady assured me there was no cause for alarm. She could see on her screen I owed them nothing! When I again asked her why, if that was the case, could she not clear this up, she again told me it was to be sure that it was not a mistake on their part. I took this to mean the nice IRS lady was positive I didn’t owe any money but the person sending me the letter might feel differently. After all, the letter talked about payments and agreements and such.

I again expressed the desire to speak to the person who sent me the letter. The nice IRS lady said she could not give me that person’s name or contact information. She could not give me his ID#. She wasn’t even sure he was a he. She did have an IRS designator identifying exactly who he was but she couldn’t give me that, either. But I was not to worry, she would send that email and he would contact me within 30 days.

I surprised myself with boldness and asked why the IRS provided an 800# which connected to a department completely unable to help me. The nice IRS lady gently corrected me. “But I HAVE helped you!”, she said. Baffled, I asked, “You have?” “Yes”, she responded, “I sent an email to the person who will contact you!” As God is my witness, I actually waited for her to continue, “Just kidding! Just a little IRS humor!” After a long moment in which she did not, in fact, admit to pulling my leg, I asked, “Do you mean this is the extent of the assistance available to me at this number, which, I feel compelled to add, the IRS itself directed me to call if I had questions?” The nice IRS lady replied in the affirmative.

I noted that, as a small business owner, if a customer might need to speak to me I simply gave them MY number. It tended to expedite things. I allowed while it was possible I might miss his call and need to call back, I would not, in fact, set up an entire department whose sole purpose was to email me that someone I thought might need me, actually did, so I could add a call back to him to my calendar sometime in the next 30 days. There being little more to be said, I wished the nice IRS lady a good afternoon and we ended the call.

This sort of inefficiency, waste and duplication is typical of big government. And yet this is the plan we have for Health Care? For Energy Independence? For Education? For Retirement? For the most important things in life? Only in government could a person be of absolutely no assistance whatsoever and, at the same time, take pride in a job well done.

I really hope my installment payments aren’t too much …

Blue Collar Muse

Popularity: 25% [?]

Tags: big government waste, government inefficiency, IRS, letter from the IRS, Smaller Government, Taxes