Laymans View

Do the Math

2010-02-02T07:51:00.001-08:00

Our current National spending practices and trends are unsustainable and if we don’t do something now, it will soon get to the point where we cannot turn this around. Government spending has outpaced the average American’s income increases 7-1 since 1970. Current National debt is at $12 Trillion (12,000,000,000,000). With 300 million people that’s $40,000 each. Since only half us of pay tax, that’s approximately $80,000 per taxpayer. And it is still growing.

Do the simple math, the government brings in from all sources about $2.2 trillion. We have about $65 trillion in total debt and unfunded liabilities. The current budget projections are for this monster to continue to grow at alarming rates through 2020. Why do we keep spending? This is not a democrat or republican issue. This is a Washington DC issue. While 49 states (except California) require balanced budgets, the government continues to grow but from debt.

We are borrowing money just to pay our monthly bills. Drop some zeros to make it easier to understand. If you have $22,000 a year coming in, how are you going to pay of $650,000 in debt off, when your annual expenses are $38,000. That is where we are. Budget is 3.8 Trillion, income is 2.2 Trillion and the deficit is 1.6 Trillion. We will borrow 1.6 Trillion just to get through the budget year. We need to first stop the bleeding and require a balanced budget. That means cuts or increased taxes.

What do we do? We replace every member of government possible at every chance we get. Every election must be used by the American people to get these guys out of office and replace them with folks who can do the simple math and make the tough decisions.

Awaking the Giant

2010-01-29T09:39:00.000-08:00

What seems apparent is that the American people want something better than what has historically been available to them in politics. Washington is viewed by most as being broken, and for a long time. There is little doubt that in 2008, voters wanted and voted for change. Change was so badly sought after that we may have over reached. What resulted? We elected the most inexperienced person ever to the highest office and allowed two of the most liberal socialist leaning individuals ever to lead the House and Senate.

With this trio in office for a year now, it appears the liberals have been exposed for what they really are and the American people are not having any of it. Socialism is not what the American people want and now that they have had a taste of it, they are retracting from it in droves. Once the people became fully aware of just how irresponsible the liberal agenda really is, the majority of hard working Americans have rejected their policy’s. The health care issue and “cap and trade” are but two examples of how they think the country should be governed. Imagine the same philosophy in other areas. They want the government to control, your doctor, what type of car you drive, how much electricity you use.

Growing the government and taking control of entire industries using tax dollars to fund the programs is a recipe for the devastations of the American economy. It is not the government that through capital risk management and innovation grew the largest economy ever to exist. It is not government that will bring us through this. It is the American people who start and run private companies that will provide the jobs and economic stimulus necessary to pull us up from the ashes of economic ruin.

Class warfare had been the weapon used to polarize the public and in 2008, it worked. We are one nation under God and all opportunities should be available to all who are willing to do what is necessary to succeed without excessive government intervention or intrusion. We are a government of the people. We are not people for the government.

America needs to keep sending the message. We must quit voting for the same folks who put us in the position we are in economically. Vote for something different. What do you have to lose?

The whole of the American People are the Giant being awakened.

For Power, Not The People

2009-12-07T12:18:00.000-08:00

This article in the Wall Street Journal seems to make clear that the EPA considers themselves an equal branch of government to congress. The very notion that this new policy puts pressure on elected law makers to craft a law to deal with CO2 or the agency will and is prepared to do it itself. How and under what constitutional authority do they derive such power? All branches of government are out of control and do not believe they need answer to the people any longer. This is evidenced by the forced passage of healthcare reform in the House despite numerous polls that suggest the people do not support the current legislation.

Now, emboldened by the examples set by Congress and the Judiciary with a sense of new found empowerment, even the Federal Agencies are stepping up and assuming power they do not process by law.

How long will the American people tolerate this? Do we have the fortitude to get this fixed in 2010 and can we hold off much of the intended destruction in the mean time?

EPA Poised to Declare CO2 a Public Danger

The Wall Street Journal, Dec. 6, 2009

WASHINGTON--The U.S. Environmental Protection Agency will early next week, possibly as soon as Monday, officially declare carbon dioxide a public danger, a trigger that could mean regulation for emitters across the economy, according to several people close to the matter.
Such an "endangerment" decision is necessary for the EPA to move ahead early next year with new emission standards for cars. EPA Administrator Lisa Jackson has said it could also mean large emitters such as power stations, cement kilns, crude-oil refineries and chemical plants would have to curb their greenhouse gas output.
The announcement would also give President Barack Obama and his climate envoy negotiating leverage at a global climate summit starting next week in Copenhagen, Denmark and increase pressure on Congress to pass a climate bill that would modify the price of polluting.
While environmentalists celebrate EPA's authority to regulate greenhouse gases, it has caused many large emitters to cringe at the potential costs of compliance.
According to a preliminary endangerment finding published in April, EPA scientists fear that man-made carbon dioxide and other greenhouse gases are contributing to a warming of the global climate. Senior EPA officials said in November the agency would likely make a final decision in December around the time of the summit.
Joe Mendelson, Global Warming Policy Director for National Wildlife Federation, said the endangerment decision, would happen at "absolutely the right time."
"With House legislation passed, a bipartisan Senate bill in the works, and strong EPA action a virtual certainty, the president goes to Copenhagen with a very strong hand to play," Mr. Mendelson said.
The EPA declaration would also ratchet up the pressure on U.S. lawmakers to pass legislation that analysts say would cut emissions in a more economically efficient way. Although the House has passed a climate bill, movement of similar legislation in the Senate has faced much more resistance and passage becomes more difficult in an election year.
The EPA's Ms. Jackson and President Obama's energy and climate czar Carol Browner have said they would prefer Congress to take action but are prepared to move ahead in the absence of lawmakers crafting their own law.
Industry experts say the Clean Air Act--under which the EPA is making its endangerment finding--was designed to regulate more regional and localized air pollution, and would be a much more blunt tool than Congress could craft. Critics, such as the U.S. Chamber of Commerce, say the endangerment declaration could spark a cascade of litigation and regulation that could harm the economy.
The EPA, meanwhile, says it would regulate in a sensible way. The agency has already moved forward on two rules that would guide regulation of greenhouse-gas emissions, primarily through a proposal to set the threshold level at 25,000 tons a year and requiring such large emitters to report their emissions.
If the EPA decided to move ahead with emission regulations for stationary sources such as utilities, new rules would likely be in place by 2012 and could set stringent emission standards to require firms to install the best available technology.
Two people close to the matter who met with White House officials earlier this week said one change between the proposed endangerment finding issued earlier this year and the final announcement expected next week is the inclusion of the potential cost to society of no emission regulations.

Is the World Warming?

2009-12-07T05:35:00.000-08:00

How is it that a major scandal like that involving the climate change group can be brushed aside? I fully understand why NBC won’t report on it. Their parent company, General Electric, is fully invested in climate change as they are who stands to gain the most from it by selling wind turbines and solar panels that will not stand on their on economic merits.

That does not explain why other networks and media outlets won’t report on it. Could it be that they have so bought into the rhetoric in the past, that to admit they were wrong now would damage their credibility. Perhaps, but it is likely far more simple than that. It might simply be that the political ideology and the candidates that they support have all bought into the program and therefore to report negatively on the subject is tantamount to disagreeing with the left wing liberals who stand to gain the most or who believe the best way to gain and maintain control is to redistribute wealth using the climate change format as justification.

There appears now to be no credible evidence that the change in our climate is anything more that the natural cyclical changes that have evolved on this earth for millions of years. Since the change appears to be natural and consistent with historical changes, we must conclude that the existence of man on the planet is merely coincidental and that man has had no impact on global climate.

Americans have done more to improve the lives of the world’s people than any other civilization in history. Yes, we have benefited the most as well. People around the world want what we have and somehow think the way to get it is to make the American’s pay for it. The idea is to raise the standard of living for the rest of the world while Americans will be forced economically to lower theirs. In essence, Americans will subsidize the world economy through climate change legislation.

As the world sends their representatives to the United Nations Summit on climate change, one has to wonder how many arrived in private jets and what is the carbon footprint of the meeting itself.

Not About Race

2009-11-24T13:27:00.000-08:00

Most anyone who disagrees with Obama’s agenda is labeled a racist by the media and left wing pundit’s. I disagree with Speaker Pelosi, Senator Reid and other like minded liberal leaders in this country for some of the very same reasons. It has nothing to do with their race either. Nothing. In fact, I like most informed people do not even think about the Obama’s race or anyone else’s race for that matter. It’s all about policies and they know that. They only scream race because they have trouble making a credible argument on the merits of a given issue.

I am concerned about the apparent direction he is taking this country. His beliefs are not at all similar to mine. I believe we as Americans have the right to respectfully disagree and to talk in public about our views without being labeled a racist.

I, more than anything want for this great nation to continue to be great, However, I am convinced that the direction in which we are being pointed by Obama, Pelosi and Reid is the absolute wrong course we should follow. I believe getting back to what made this country great will come closer to salvaging our future than any of the radical changes being fostered by the left.

Such things as personal responsibility and financial discipline for all including our government is what will carry us in the end. No longer can we look to the government to provide what we historically provided for ourselves. Bigger government involvement in every aspect of our daily lives only serves to create even more inefficiencies and drive our costs to live even higher.

Yes, we need healthcare reformed. No, the government should not be in charge of healthcare. There are other ways to make healthcare more affordable than turning it over the most inefficient group in the world, the government.

The real problems we are facing on a global level have more to do with our government than many have taken the time to realize. The real reasons jobs are leaving the US are because of the IRS, EPA, OSHA, Lawyers, and Courts.

We are over taxed, over regulated, continuously being sued and the courts are taking away our constitutional rights bit by bit and piece by piece. Less and less seems to be standing in their way. Most growing nations do not burden their private or corporate citizens to the extent in which we do.

It seems clear that no one in Washington understands what this nation needs because they have all forgotten what it is made of. People, good strong people who will do what is necessary if government will get out of the way. The only hope we have is to get rid of all lifetime politicians and replace them with new and real Americans.

Don’t vote for incumbents. They brought us to where we are.

What Are You Thankful For?

2007-11-20T13:34:00.000-08:00

I am thankful for the living God who watches over us, and for my family each who gives me the purpose to work hard and dream of the future. I am thankful that I was fortunate enough to be born in the United States of America, and for the millions of Americans who have and continue to serve in the US military. I am thankful of all of the military families that have sacrificed so much so that their soldiers and sailors could defend freedom wherever it was necessary. I am thankful that my family is in good health and that I can rely on the best health care system in the world should a health issue arise. I am thankful for a government, that despite all of it problems, and there are many, it still provides governance over its people with the most freedom and the highest standard of living of any country in the world. I am thankful for the many friendships developed over the years and the influence each has had on my life. I am thankful of the opportunities granted me throughout my life and the ability to recognize them.

If you had the chance to change all parts of your life, I doubt you would want to be born in another country, born into a different family, worship a different God or have to deal with a health issue anywhere else in the world. Our military is what will keep it that way. What are you thankful for?

No More Laws

2007-01-19T10:31:00.000-08:00

Imagine if most of our congressional and legislative delegation were elected from one industry. Let’s say 65% come from the glass industry. I would suspect plastic would have a hard time of it with all of the laws and regulations that would be generated requiring the use of glass and limiting the use of plastic. Think of all the uses where plastic has replaced glass over the years. Glass bottles are a thing of the past but that would not have been the case if the glass industry had been able to get more of its people elected. Over the years the industry would have continued to get strong and it could have strangled the life out of the plastic’s industry or any other product that attempted to infringe on there ability to grow, proper and control.

It really doesn’t matter what industry we chose to make this example, the results are the always same. If and when any single group of like minded people control anything, there position will always dominate the course on which this nation will travel.

That is why is it ludicrous for us to continue electing lawyers. They represent the overwhelming majority of elected officials at both the state and federal level. Law schools keep making lawyers so they continue to find new ways to earn a very good living at the expense of all of the other industries. Yes, we need laws and we need people qualified to insure justice will stand at the end of the day, but we don’t need another lawyer politician making ever more laws simply to make it easier for their industry to grow and prosper. Lawsuits are a drain on our economy and only the lawyers are getting filthy rich while other industries are dying a slow death and taking the jobs with them.

If I could write one law that everyone would understand, I could do it in one sentence. “There shall be no new laws”. I think we have more than enough.

Steve Adams for President?

2007-01-19T09:57:00.000-08:00

Who would take serious a presidential candidacy that was not born from an established political machine like those run by democrats and republicans. Steve Adams is serious about trying to run a grassroots campaign for the White House. While he appears to be lacking in political experience, his political views are refreshing enough to make you dream of the day when politics was about the people, for the people and not about the candidates themselves and the special interests they represent.

Politics in this country has evolved to the point where simply speaking, he who has the most money wins nearly every time. Wouldn’t it be great if a credible individual who possesses great character and strong moral values could overcome the financial obstacles necessary to make a serious run for the highest office of the land? What would most Americans be willing to do to help elect a person who was beholden to no one and who truly understands the role of government which is to serve the people.

Ask yourself, would you vote for a non politician for President if you knew he understood the issues and what it takes to govern for the people and run a government of the people. We have all become so accustomed to the status quo that we unwittingly accept politics as usual. We seem to have lost the ability to think outside the box as we continue to vote for the lesser of two evils. Career politicians, most of which are lawyers, are what is hurting our ability to control an out of control government. Perhaps Steve is right, we need to think out of the box and only then can we get back to where we once were when we had certain expectations of our political leaders and when they did not meet them, we voted them out.

It might require great courage on the part of Americans to vote opposite the flow and out of the box. That may be just exactly what will be needed to change the course on which we travel.

I don’t know yet if Steve Adams is the person who can generate the necessary support and demonstrate his ability to make a serious run against the established parties, but I think it’s fun to dream of the day when someone deserving of the chance can and will.

I encourage everyone to read Steve’s thoughts and you may find that he is saying all of the things you feel.

Good Luck Steve and Good Luck to the United States of America Under God.

Good Ol' Boys At Work

2007-01-09T07:09:00.000-08:00

The appointment to fill the vacant judicial seat in Wood County has left a lot of folks wondering. The issues raised are not about JD Beane, but are rather an issue of how the system can be manipulated to serve those in control of the system. It is not about whether JD Beane should represent the 10th district in the past or in the future. JD has demonstrated his ability to serve the 10th and his past performance was judged on Election Day when voters reelected him. It is also not troubling that Delegate Beane was being considered to fill the vacant seat on the bench in place of Judge Hill. It appears that most folks would be content with that appointment as well.

The problem is the way it was done. There were two problems facing Wood Countians and more particularly the people of the 10th district. One is that Wood County needed a judge appointed and should be able to expect that to be done in due course. A reasonable time to have done so had long since elapsed. Whether it is Delegate Beane or someone else who is equally qualified to fill the position, the appointment was long overdue and should have been made in a timely manner.

The second problem is that the current administration stalled the appointment so that they can control who is appointed to fill the 10th district seat vacated by the appointment of Judge Beane. In essence, the people of the 10th district clearly had their right to select their representative circumvented. It appears that the Manchin administration clearly and knowingly manipulated the system to serve their needs rather allowing the system to work as it was supposed to and allow the voters to decide who represents them.

It doesn’t stop there, the Wood County Democrat Executive Committee stacked the deck so as to limit the Governor’s ability to appoint anyone other than who they wanted to be appointed. They did that by appointing three candidates as required by law, two of which they knew would never be appointed and were unelectable. One because the voters had already voted her out of office a long time ago and the other was clearly not qualified for the position. What that left was a man with no prior experience who clearly represents and supports the unions and the causes fostered by them. Representing the unions is not necessarily bad unless you refuse to consider other points of view before rendering a vote. The problem as I see it is: that he can never vote against any union cause or on any issue. If he does, he would loose his day job as a union representative.

Just another example of the “good ol’ boy” politics that the democrats have played for years to maintain control of the state’s political machine. Things will never change in any significant fashion until voter’s generate the courage to vote these guys out of office. If you want change, then quit voting for the guys who have controlled the state for decades. We have no one to thanks for West Virginia’s current financial condition, except the democrats who have controlled everything for as long as anyone can remember.

Mollohan Not Our Guy

2006-10-19T09:07:00.000-07:00

As an observer of the Congressional race for the right to represent West Virginia’s 1st Congressional District, I am amazed at how dirty the incumbent has become in an effort to salvage a campaign that appears to be in serious trouble. I am very disappointed when an incumbent who has a record of achievement or lack thereof stoops to the bottom of the barrel to disparage the credibility of his opponent.

I would rather hear what you have done with the opportunity West Virginia has given you to serve this great state and its citizens, rather than have to listen to all of the negative things you are able to conjure up about your opponent. An incumbent should be able to point to his record as he has the advantage of demonstrating achievement in the job he seeks to continue. If your primary achievement is to have earmarked funds for use in your district, that could be enough to earn you votes for reelection. However, if in the process, you manipulated the funding of such earmarks for personal enhancement and financial reward, then the question is: who did you serve; the people or yourself.

Congressman Mollohan claims Chris Wakim lied about his military record and the Wakim campaign may have mistakenly represented that Chris was a gulf war veteran. The facts are that Mr. Wakim is a West Point Graduate. He served as a military officer and helped train many men before that were shipped to the Middle East. As a training officer during the Gulf War era, Chris Wakim was in fact a Gulf War era veteran. We should all thank Mr. Wakim and many like him who served their country in the capacity in which they were asked to serve. Rarely, do military personal get to choose the service they provide. Some high ranking officials felt Mr. Wakim’s service was needed to help get our troops ready for battle.

If the best reason you have to offer us as being deserving of reelection is that your opponent was not a combat vet, you are in serious trouble and I doubt the people of West Virginia are anywhere near as stupid as you must think. It is time to give someone else the opportunity to help West Virginia and the Nation. Mollohan is not our guy.

Criminal Nations

2006-08-24T13:30:00.000-07:00

Iran is a rouge nation with a pungent for the destruction of other nations, cultures and ways of life. In our country, where we have among the most liberal gun laws in the world, we still limit criminals who have demonstrated violent behavior from possessing firearms. Why then can not the world community limit what weapons of mass destruction a rouge nation like Iran can possess? Allowing Iran to obtain nuclear weapons would be like arming every killer in America with M-16 rifles, 44 caliber hand guns and hand grenades.

Iran claims it is there right to obtain nuclear capability. Much like the common criminal gives up their rights as imposed by law, the world should enforce the same policy on Iran and North Korea. In addition, sanctions should be imposed on any country who assists this effort for aiding a abetting a criminal state. The Chinese created the North Korean problem just as the Europeans, both eastern and western, created the Iranian problems and they should be required to resolve them to the standards set by the world community.

The Iranian people need to take control of their country and require that their vast oil resourced are used to support growth for the people and not fuel to the grow of weapons of mass destruction.

It was recently reported that less than 15% of the Iranian people support the hardliner government and most of them are employed by the government. The leadership’s greatest fear is its own military that could launch a coup at any time. Perhaps the best way for Iranian leaders to insure power is to provoke a conflict that will result in the weakening of the Iranian military and make the Iranian people fear something else more than it does its own leadership with the resulting propaganda.

Perhaps it is a good thing that coalition forces are on two of the Iranian borders and at sea.

Congressional Campaigning

2006-08-10T13:25:00.000-07:00

For the record. As a proud military veteran, early on in the campaign cycle, I once asked Chris Wakim about his military career as we sat down to discuss his campaign. What he told me then was exactly what he is saying today. He explained what he did during his time of service and as it turns out, that is exactly what he did. If in deed there was any confusion about Chris’ military achievements, all one had to do was ask Chris Wakim.

As to the education issue the Mollohan campaign claims is a distortion of Chris’ educational credentials. I am sorry, but for the most part, going to Harvard is more of a birth right than testament of any significant accomplishments. So Chris went to a Harvard extension school and not the blue-blooded Ivy League for privileged children school. So what. If that is the best the Mollohan campaign can do is to try to vilify the creditability of his campaign opponent, then they must think that all of the dollars pouring into their campaign from outside interests is not enough. Perhaps for the first time in Mollohan’s career, a real challenger has emerged that will truly put his record to test and we the people will be the benefactors of such a test.

Look, the congressional campaign really boils down to some very basic principles. Which of these two men really represent the values of the people of our district? Chris can tell you about his beliefs and you have to decide whether you believe him and whether they represent positions similar to your own. Mollohan has a voting record that speaks volumes about his positions on many issues. One of the most significant is the fact that he misses far too many votes which means we are not represented when those votes are taken. The scandal involving his finances and earmarked funds are enough for me to give him the boot. I am glad Mr. Mollohan has a significant retirement package set aside because the people of our district could very well retire him in November.

Compare the candidates and vote for the man and not the party.

Protection a Right of Israel

2006-07-21T07:24:00.000-07:00

Developing is wide spread criticism of Israel for the bombing attacks on Lebanon in retaliation for unprovoked attacks by Hezbollah and the death and abduction of Israeli soldiers.

In simple terms, imagine you setting in your house and one of your neighbors are lunching rockets or just bullets into your house. What would you do if there was no one else to help you stop it? I think most would fire back with all available firepower in an effort to protect their families. Would you even for a moment consider who might be in that house? I think not.

What else could Israel do? The response to what has happened to them must be so fierce that anyone considering an attack in the future will understand completely that there will be significant consequences

Mansion still no good for Manchin

2006-06-09T12:18:00.000-07:00

I wrote last year in “Mansion no good for Manchin” about the money the Governor was going to spend on the Governor’s residence. Then they were proposing to only spend a few hundred thousand dollars, most of which was to come from the inaugural fund and not from taxpayers. That was then and this is now. It seems now they are going to spend well in excess of $3 million taxpayer dollars above that amount for such things as marble bath tubs and vast entertainment systems.

Some amount of upgrade and modernization is probably worthy, but at a time when taxes are being raised on some and deficits are being paid by bond issues that require additional money from taxpayers to pay them, $3 million dollars seem a bit much.

Apparently, the Mansion is still not good enough for Manchin.

Doing The Right Thing

2006-05-16T11:43:00.000-07:00

Airports, schools, cities and county governments are all feeling the pinch from higher energy costs. Natural gas, electricity, gasoline and diesel fuel are costing these organizations as well as the citizens of West Virginia enormously. The state of West Virginia, from severance and the personal property tax revenues are racking in hundreds of millions of dollars from the increase in prices since these taxes are based on the recognized value of the extracted products. The coal and natural gas industries are paying far more taxes than ever budgeted for.

The state will either find other ways to spend this money or they could help the citizens and local governments by lowering the tax on gasoline and natural gas by finding a way to use some of the excess revenue to help offset these increased costs. Until citizens demand such things from their legislators and the Governor, it will not happen.

The state has a real opportunity to help those in need and has the money to do it thanks to the coal and natural gas industry. While industry is doing its part, the question that remains is: does our leadership have the courage to do the right thing?

Windfall Taxes

2006-05-04T07:59:00.000-07:00

The biggest windfall resulting from energy prices will be that which the State of West Virginia will receive from the Coal and Oil & Gas industries. Huge surpluses in severance taxes could amount to hundreds of millions of dollars. Rather than increase spending as politicians usually do, now would be a good time for the state to put this surplus to work helping local governments and citizens who will bear the brunt of the higher price scenario.

The state enjoys an automatic hedge against price increases as it receives 5% of the gross revenue brought in by Coal and Gas Industries from their production. State coffers are growing as local governments will see budget busting costs for energy. If the state does not use some of the surplus funds for this purpose, local governments may be forced to raise taxes on citizens to meet their financial requirements.

It’s time lawmakers did the right thing for West Virginia.

What's a President To Do

2006-04-25T14:51:00.000-07:00

What can the President do about raising gasoline prices? Not much. He can make sure laws were being followed and no manipulation of the market is taking place. The President can not and should not interfere with the markets, any markets. If the American consumer does not want to pay the current price, then consumption will go down and prices will follow. Congress and the President should provide for more drilling domestically and particularly on Federal Lands including ANWR. They should also remove some of the ridiculous hurdles standing in the way of improving refining capacity. This simply put is “economics 101” supply and demand. We Americans demand too much oil and have not done the things that are necessary to maintain a growing supply of oil and the ability to process it that corresponds with demand growth.

How is government intervention in the market going to solve anything long term? The bottom line is we need the following combination: more domestically produced oil, alternative means of energy, reduced consumption and an increase refining capacity. Let’s quit trying to blame someone and do something about it, because we American’s have no one to blame but ourselves. Whether Big Oil or Small Oil, the market rules are the same as any other private company in this country. They have a product to sell and they are going to sell it for as much as the market will bear. Competition is the answer and OPEC holds too much market share. We are right where the Middle Eastern Country’s want us. Dependant on them to satisfy our desire for oil.

All energy is costing more because we continue grow demand and capacity has not kept pace. We all share some of the blame it’s time to do something about it. If the government is going to do anything meaningful, they need to let the energy industry do what they do. Find and produce oil, natural gas, electricity and alternative fuels. Remove the obstacles. It’s that simple.

Footnote: I heard today on news that corrected for inflation, oil is up 60% over the last 20 years. Congress’ salaries are up over 200% over the same period. Perhaps we should investigate, regulate and windfall tax the Congress. They’re getting richer and we are not. Congressman Mollahan’s net worth grow several times more than Exxon did over the last 5 years and no one seems to care about that. We need to quit looking in other peoples pocket and do what is necessary to solve the problems.

Monopoly Advertising

2006-04-14T08:31:00.000-07:00

It is hard to understand why Brick Street, the monopoly enterprise offering Workers Compensation Benefits is spending rate payer dollars on an advertising campaign. It makes no since that they should be allowed to spend rate payer dollars to promote the Company when they are the only one allowed to offer the benefits. They have an absolute monopoly as state law prohibits any other company of providing the services of Brick Street. Why are they doing this? Could it be because there will come a time in the not too distant future when other companies will be allowed to enter the market which will create some competition for Brick Street. In addition, is Brick Street scheduled to become a private company with private stockholders?

If Brick Street becomes a private company then the stockholders of the then private company will be the beneficiaries of advertisement which were paid for out of the rate base. This seems highly unethical and not fair to those who are paying for Brick Street or those who will enter the market to compete with it. I think we need to learn who the private stockholders will be of this state organized company who enjoys an absolute monopoly.

Spending rate payer dollars on advertising to promote a monopoly is ridiculous. What is next, the State Tax Department advertising to promote the services it provides through the Department of Highways?

Legally Last Again

2006-03-29T10:46:00.000-08:00

Despite recent changes in law to help to get our legal system under control, West Virginia finds itself dead last again. How could that be? Perhaps the answer is simpler than one would expect. The legal system across this country is out of control. Other States and the federal government have enacted legislation to correct many of the injustices that are occurring. WV was one of the last to do so and simply did not do enough. As usual, too little, too late.

We need more tort reform and fewer lawyers deciding to become trial or plaintiff council. You see the trial lawyer market is saturated. There are simply too many of them trying to get rich to be bothered by normal and routine cases so they are forced to create new and innovative ways to create litigation worth bigger bucks. They prey on juries who fail to realize that they and their fellow citizens are the ones who will pay for the awards handed down to litigants where the lawyer gets to keep 30 or 50 percent of the haul.

If the market was based only on need, then why would lawyers have to advertise there services as they do. If justice were the real reason for such suits, then why do so may lawyers advertise the desire to handle only serious injury and wrongful death? Because that’s where the money is and it’s not about justice anymore. It is always about the money and too few are benefiting from the litigation lottery at the expense of the rest of us.

Wake up WV. Stop electing lawyers and demand reform from your legislators.

Finally a Real Choice

2006-03-08T12:38:00.000-08:00

Chris Wakim will offer a real challenge to Congressman Alan Mollohan’s bid for reelection this year. The national party certainly believes in their ability to take that seat away from the dems. Delegate Wakim’s record of achievement is very admirable. Here is a brief bio:

Elected to the West Virginia House of Delegates on his first run in 2002, Chris is a Gulf War veteran. Upon graduation from Linsly Military Institute in Wheeling in 1976, he was appointed to the United States Military Academy at West Point, NY, and earned a commission in the United States Army Infantry in 1980. To further his education, Chris earned a Master’s Degree in Government from Harvard University in 1991, graduating in the top 15% of his class.

Delegate Wakim has extensive business experience. He currently owns several real estate and commercial properties in the Northern Panhandle and assists his wife, Jeannette, with the management of her retail and service corporations in Wheeling, WV.

He is a former investment banker in Chicago, and managed a national portfolio valued at $180 million. He also negotiated Initial Public Offerings (IPO’s) and capitalizations for corporations valued at $80 million. In addition, Chris lobbied extensively for a Fortune 300 company throughout New England and the Midwest, specializing in state taxation issues.

A disabled Veteran honorably discharged for injuries sustained in the line of duty, Chris held various command and staff positions throughout the United States and Europe, culminating in a command of a mechanized infantry company in the Fourth Infantry Division.

In the West Virginia State Legislature, Chris serves on the Finance Committee, Health and Human Resources Committee, and Veterans and Homeland Security Committees.

His opponent Alan Mollohan will begin to surface once again as he always does during an election year. This is the best opportunity we have had to defeat the guy who never shows up except for the scarce election year stunt to make voters think he is actually doing something. Time to step aside Alan. A new generation of West Virginian’s is taking control of our future.

Show your support for Chris by contacting his campaign on the net at www.chriswakim.com. With a strong grassroots effort, we can show the nation that West Virginians want to change the policies and culture of cronyism.

Energy Trap

2006-03-01T07:17:00.000-08:00

A growing propensity for state regulators to continue the practice of deficit energy consumption may cause catastrophic failure of the regulatory system. More and more utilities are being asked to defer collections of its full costs to future years on the hope that prices will somehow be lower at some point in the future. West Virginia has already employed this strategy for gas utilities. Ohio and Illinois have postponed their day of price reckoning by freezing rates consumers pay for certain periods for electricity.

The problem is that freezing the rates or granting only particle cost recovery only postpones the day when consumers will have to pay the piper. If prices for energy suddenly move lower and lower levels are maintained for extended periods, then and only then could this strategy provide some relief against future increases that far exceed anything imagined by the consuming public.

What results from all of this is that utilities, on behalf of the rate payers amass huge deficits that rate payers will eventually be responsible for. In addition, the utilities are entitled to interest and a rate of return for carrying the debt on their books which only serves to compound the problem and raise costs. Much in the same manner that government spends more than it collects in revenue leaving the deficit for future generations, this deficit energy policy creates debt that future rate payers will eventually have to pay.

While it is remotely possible that deficit energy consumption will ultimately prove beneficial overall, it is not likely that it will result in any difference than that of government deficit spending. The folks who use the energy tomorrow are going to pay part of the energy costs of today.

Fussy Math WV Style

2006-02-07T12:04:00.000-08:00

The Governor’s administration developed an estimation of future state budgets to eventually conclude that deficits would occur by 2008. If we assume the math is correct, then that must mean they intend to spend much more money than currently expected in revenues over the same period.What happened to the surpluses? The surpluses are consumed by additional spending is the only explanation.

The estimates have budgetary spending going from $3.3 Billion in FY 2005-2006 to $4.2 Billion in FY 2010-2011. Revenues don’t increase at the same rate according to their estimates, but spending continues to out pace revenues in each year.

Here is what it looks like:

W.Va. Budget Year Base Budget Surplus/Deficit
FY 2005-06 $3,365,297 $337,901
FY 2006-07 $3,445,743 $258,355
FY 2007-08 $3,625,395 $77,543
FY 2008-09 $3,835,407 ($60,872)
FY 2009-10 $4,043,222 ($125,303)
FY 2010-11 $4,269,403 ($279,543)
Dollar amounts are in thousands

Nobody knows what parameters where used to develop this prediction. The information provided raises more questions than it answers, but one thing seems simple: If you can predict a budget deficit this far in advance, then you have plenty of time to do something about it. If you can’t raise revenues at the same pace as spending, you only have two choices; Raise taxes or curb spending. The citizens and businesses in this state are already over taxed so curtailments in spending should be on the agenda. Unless you can find a way to raise revenue by stimulating businesses to grow and create jobs, there seems to be little other we can do. Tax increases should not be acceptable and neither should a $280 million budget deficit by 2010.

Natural Gas Price Concealed

2006-02-06T14:34:00.000-08:00

The recent natural gas price increases are destined to get worse. Here is why. The Public Service Commission approved rate increases that don’t allow some utilities to fully recover their gas purchase costs. Example: Let’s say the PSC approves a rate of $10/mcf and the gas company has to purchase gas at the market price of $12/mcf. Then the gas company bills customers at the approved rate of $10/mcf and puts the balance of $2/mcf on the books to be recovered in future rate cases. Now the utility is entitled to a rate of return on this investment and possibly interest. This strategy will work only if gas prices move down sharply. If gas moves up in price, the customer will have to bear the cost of then current price increases plus the cost of the under recovered amount from the previous period. In this example, the result is additional 20% increase in addition to the period increase.

When this happens, the public will blame the utility for doing what it was ordered to do by the PSC over utility objections. We should pay as we go so there are no surprises.

If prices go up as expected, consumers are in for a shock as a result of the PSC concealing the real price.

Gubernatorial Control Over Legislature

2006-01-17T05:43:00.000-08:00

The Governor appears to have figured out that he has more control over the legislative process in a special session than he does during the regular session. By moving the more controversial matters to a special session where the Governor sets the agenda, legislators loose significant power to advance the will of the people and to best represent their constituents. Legislators should not permit this to happen.

All significant legislation should be dealt with in the normal course of the legislative process so that the balance of power is not shifted to the executive branch as the administration desires. It is virtually impossible for the legislature to override a gubernatorial veto during a special legislative session. Therefore, legislators are more likely to compromise their position when there is pressure to pass legislation presented by the governor and under an agenda set by the Governor. The legislature simply needs to do its job and special sessions should only be used in an emergency as it was intended to only be used.

The economy is strong both nationwide and here at home in West Virginia. This apparent strength has nothing to do with any policies of state government and any attempt to claim accolades for same by government should be summarily dismissed. The current state of the economy is the result of the American worker and the entrepreneurs who employ them. It really is that simple and any attempt to raise taxes and fees in this strong economic environment should be thwarted. The state is already enjoying the benefits of this economy with the receipt of additional revenue. Record revenues are coming into state coffers. There are massive budget surpluses and we need to remind our legislators not to increase spending just because they now have the money. We need to make the government work with the resources it has and force them to plan better for the future.

No longer should we permit the “Create a Crisis Politics” to cause legislators and voters to react to crisis that does not exist.

Create a Crisis Politics

2006-01-13T13:43:00.000-08:00

Unemployment in West Virginia is at an all time low. Employers are now paying in to the unemployment compensation fund enormous amounts of money. If you combine the incremental money’s being paid into the system with the fact that low unemployment rates are resulting in fewer claims, one would have to wonder why it would be necessary to raise taxes on small businesses for this purpose.

That is exactly what is being bantered around Charleston as the legislature heads into session. It seems that some think it is necessary to increase that tax burden on businesses by as much as 50%. I am sure they will find a way to spin this to make us believe there is a crisis at hand that needs immediate action. This could be accomplished in much the same manner as when the then reported $3.5 billion dollar Workers Compensation unfunded liability was used to raise taxes on the extractive industries last year. This year, they want to change the law that created that tax burden because by the miracles of accounting, they have now discovered that the $3.5 billion unfunded liability was actually less than $1 billion and perhaps as little as $750 million. They are not proposing to lower the tax burden as you would think, but are attempting to relax the law as to how the money raised from this tax can be used. This should be appalling to West Virginians.

Now it appears this deplorable tactic was so successful, that there will be efforts to accomplish similar results with other created crisis’. The unemployment compensation fund may be the next created crisis.

Who Is Paying Taxes?

2005-12-20T08:36:00.000-08:00

As you can see from the official IRS data, anyone who believes the rich don’t pay taxes is wrong.

In summary:

The top 1% earning more than $295,000 per year paid 34.27% of all taxes. Think of that, 1% paid 34% of all taxes.

The top 5% pay 54.36% of all taxes.

The top 10% pay 65.84% of all taxes.

The top 25% pay nearly 84% of all taxes paid.

And, the top 50% paid 96.54% of all taxes paid.

Tell me how that is fair. Think about this; 50% of all taxpayers only pay 3.46% while the rest of us pick up the remaining 96.54

We better hope the folks paying the taxes never decide they have had enough.

Here are the family earnings for each group. You might be surprised to find where you are in the group.

Top 1% -- Top 5% -- Top 10% -- Top 25% -- Top 50%
295,495 -- 130,080 -- 94,891 -- 57,343 -- 29,019

After you consume all of this. Think of this as well, no matter where you are on the earnings scale, you are entitled to no more government services than anyone else. In fact, if you are in the top half of the earnings scale, you are not eligible for many of the services these tax dollars support.

You can get all of this information at the IRS website if you doubt these facts. One thing I have noticed is that most of the folks who protest tax cuts are those who rely on tax dollars for income.

Energy Cost

2005-12-16T05:18:00.000-08:00

Energy prices have risen and perhaps one of the largest benefactors of these sharp increases has and continues to be the state of West Virginia. The state has collected more taxes on energy than it could have ever expected. In addition to the severance taxes paid by the coal, oil & gas and timber industries, the public utilities pay enormous B&O taxes that are ultimately paid by the consumers. The West Virginia people and more particularly the folks who will have trouble meeting their energy needs this winter should be able to expect the state government to help them by using the surplus funds paid to the state as a result of higher energy prices.

These industries are doing their part by investing billions of dollars into production and extraction. They are trying to produce more in hopes that prices will stabilize. They are paying a disproportionate amount of their revenue in taxes compared to other states and other industries. Its time the state gave something back and thanked the extraction industries such as coal, oil, gas and timber for their contributions to the overall economic success of West Virginia. Let us not worry about who is right and concentrate on what is right. Some of the severance tax fund should be put aside to help those who will have trouble meeting the cost of energy.

War is hell

2005-11-21T12:50:00.000-08:00

We should let our military leaders who are educated, trained and have experience with war related issues run the war effort. Bush is right to wage war on terrorism and if the Europeans would have taken the same trek when Hitler was violating every treaty of the time, Europe would have been spared WWII and 60 million lives would have been saved.

I don’t know if we are fighting this war using the most efficient means possible, but neither does anyone else outside the military. The military seems to be doing their job regardless, while the media and the politicians just talk about it.

War is hell, but you should not fight one to take second place.

Rewarding with Tax Increases

2005-07-07T10:57:00.000-07:00

It is great that West Virginia is experiencing budget surpluses in such a magnitude as that explained in the July 6, front page article. What I find most interesting is that $86 million of the surplus or nearly 25% came from the natural resource industries that paid $248 million in taxes compared to the $162 million the tax department was expected it to pay. The additional tax revenue from natural resources came as a result of higher than normal prices being received for commodities such as coal, oil, gas and timber.

What is troubling is that although the industries paid what amounts to a 53 percent increase in taxes on extracted products, the Governor and our legislature saw fit in a 2005 special session of the legislature to add yet another tax burden on the these industries that will go into effect later this year which will be paid in addition to the taxes that resulted in surplus. A tax system that was already adequately able to automatically capture greater revenues in a high price environment was not enough. As consumer’s, we can expect to see higher utility rates in the future in part because of these additional taxes. Electric rates will rise as will the gas commodity rates applied to the already increasing rates consumers are already over burdened with.

West Virginia producers of coal, oil and gas were already paying taxes at much higher rates than any producers in contiguous states. What results is, although West Virginia enjoys a great wealth of resources, the tax burden placed on these industries causes a competitive disadvantage and results in higher prices for consumers.

Mining coal and drilling wells costs an enormous amount of money and requires great sums of capital that often takes years to pay out. These industries are labor intensive which means jobs for many West Virginians in the extractive industry. Making mountain state businesses pay taxes that their competitor’s are not forced to pay in other states will result in less capital, jobs and tax revenue in the future. We can not tax ourselves into prosperity. We should be creating incentives for our businesses that help them compete, not putting obstacles in the way.

Inside Look

2005-06-29T08:02:00.000-07:00

It was intriguing and hard to understand the advertisements sponsored by the Governor’s office promoting the bond sale to address the fledging pension funds. The one in which the Governor was filmed in his office promoting the bond amendment as being about jobs was the most troubling. It is hard to imagine how this could be about jobs yet the jobs card was played much like the race card is played when there is no other means of gaining support through actual facts or evidence.

While the bond amendment did fail, it showed us what lengths the administration was willing to go to in order to prevail on its agenda. First, a prominent citizen spoke out on the issue and financed an educational campaign designed to help fellow citizens understand what they were being asked to support. As the facts began to reach the people, rather than dispute the facts raised, the Governor chose instead to threaten this individual with greater scrutiny of his business practices. Does this imply that the various state agencies having jurisdiction over the businesses in question were not doing there job? I think not, the businesses in question are among the most highly regulated industries in the state and it would be hard to find a single entity that has done more for West Virginia than Massey Coal.

Massey Coal and Don Blankenship have provided thousands of jobs, paid millions in taxes and has earned the right to speak out on any issue it chooses. It is corporate and individual citizens like this that create jobs and pay the taxes necessary for state government to function, not state government. Targeting or threatening a citizen such as that which occurred should never be tolerated and should give us an inside view of the thought process that must be in play here. Do we really want government officials who resort to such tactics in order to control their agenda?

To claim the bond amendment was about jobs is disingenuous at best. Now we have to question everything we are told because the administration is willing to promote its agenda by fabricating justification and threatening those who oppose its views.

Right To Speak Out In Jeopardy

2005-06-20T10:06:00.000-07:00

I hope most West Virginians are as appalled as I was to learn that our Governor threatened one of our citizens with greater scrutiny for speaking out in opposition to the constitutional amendment required to sell the bonds necessary to acquire more debt. Bullying citizens who disagree or who raise important questions about what our government is doing should never be tolerated. It appears the Governor is sending a message loud and clear: Either you agree to do it our way or we will bring the full force and might of state government to bear on your business.

Citizens and businesses are the ones who will pay for any policy created by government, so they should have the right to voice their opinions without threat of reprisal from state officials. Apparently the Manchin administration believes differently. Rather than simply explaining the facts and providing the public with the information necessary for it to make informed decisions at the polls, they would rather take a hard line on anyone who opposes their point of view.

It is a sad day when to defend government policy you have to resort to threats on citizens rather than allowing the constitutional amendment to pass or fail on the merits. If the merits are in question and the government cannot counter the negative facts, then perhaps those in opposition are more correct than anyone previously believed. I hope the citizens have the courage to vote against the constitutional amendment, if for no other reason other than the fact that we do not have enough facts to support it. Only rhetorical opinions exist.

We should insist on better government as we are paying for it.

Debt is Debt

2005-06-08T13:09:00.000-07:00

How is it that legislators have been able for so many years to spend money it does not have the constitutional latitude to spend? In fact, to allow an unfunded liability to occur in essence circumvents the constitutional powers afforded law makers to create debt. It seems that if a constitutional amendment is required to acquire debt to pay a debt that had already been acquired, then the first debt should have required the same constitutional amendment in the first instance. Lawmakers have made promises it can keep without changing the constitution. Does this sound like sound, reasonable and prudent judgment?

How are we to be assured that the remedy now being proposed is any better or more prudent than the policies that created this crisis? What steps have been taken to insure this can not happen again? To allow a debt to occur is the same as creating the debt to start with. Before we amend our state constitution to correct a situation that should never have occurred, perhaps we should force lawmakers to identify and resolve the issues that caused the billions of dollars of debt we face today.

It is offensive that the people are being told such things as “this is not new debt; we are just paying debt we already owe”. Well, then how was that debt incurred without a constitutional amendment? Or, this won’t cost taxpayer anything. Then who is paying for it?

Every story is spun to fit the desired goal and nobody is telling the whole truth. The people need to start asking some very tough questions and perhaps consider sending new folks to Charleston to take care of the state’s business.

Airplanes and Helicopters

2005-04-25T12:24:00.000-07:00

Increases in taxes, budget surpluses and now the WV Dept of Administration is requesting bids to purchase or lease new airplanes, a King Air and a Caravan. The state is also seeking to purchase 2 new helicopters. While there may be justification for all of this in terms of usefulness, the question becomes: how can we raise taxes in front of a $300 million budget surplus, than go out and purchase new airplanes.

We have a $300 million surplus, but we are going to have a special secession with tax sequences to give state employee’s raises. Perhaps the employees deserve a raise and there appears to be money available to make that happen. Why then, is there so much talk of more tax increases. If we can afford million of dollars for new airplanes, maybe we are not getting the whole story.

Surpluses in revenue and tax increases do not make since. Where is the money going???

2005-03-24T14:30:00.000-08:00

Through February, state revenue is up $127 million, $42 of which is from severance. Personal income tax revenue is up $16 million, while insurance tax revenue is up $10 million Corporate Income tax revenue is up $39 million.

Where is the money going and why are we not hearing about it. Could it be that the money is already spoken for. We need to speak up to this. Let them know that we have no intention of being further taxed and that we will resist the plan to do so. More special sessions are coming.

Who Decides, Life or Death

2005-03-22T12:27:00.000-08:00

That poor lady in Florida whose husband has chosen to let her die from starvation is an example of how our society is influenced by the agenda of the loud minority. I can not imagine a man not respecting the wishes of the parents who brought in to this world a child and raised her. A child who left no written instructions as to how she should be medically treated in the event of such tragic circumstances as are unfolding before the whole nation. Why is a living will even necessary if one’s spouse has the authority to stop attempts to keep you alive?

Perhaps the theory is that the living willing is constructed to protect you from your spouse should you find yourself incapacitated. In this case, there appears to be a clear conflict of interest. The husband seems to have moved on with his life and recuperation on the part of the victim here will cause him and his new family nothing but grief. There is no positive outcome for him other than death. This should be unacceptable and the inherent conflicts are factors that should have been considered.

Some have suggested that his refusal to accept money is cause to believe his intentions are sincere. That is hard to buy into. Surely he has sought legal advice and found that his risks are too high. Perhaps he could not agree to accept the money because he would be required to reimburse for the services she has received to date and to fund services she will receive in the future. If you could indemnify him from these responsibilities, I suspect his position could change, unless he is more concerned about what she might have to say if she were able to recover and speak about what happened to her.

We can not know what happened to her and should not make judgments, but there is no way a single individual should have the authority to allow another individual to die without a clear written authority granting such powers over another. There is none in this case. There is certainly reasonable doubt cast over the integrity of individuals involved and over what is being allowed to happen. Absent a written will, her blood relatives, particularly her parents should have a say in her future.

What is happening to Terri Schiavo is appalling and will alter our rights as we know them to live and die. A sad day in our history will be upon us when this poor lady passes.

Where’s the money?

2005-03-18T12:36:00.000-08:00

Tax increases from every direction and for every reason imaginable. Some of the reasons may be legitimate causes, but with the recent report that the state will experience a $300 million surplus raises the most important questions. Why are tax increases necessary and where is all this money going? The people of West Virginia should realize what our government is doing, who has the most influence over it and who stands to gain the most from what is happening.

West Virginia is a great place to get and education, you just can’t get a job here once you receive the education. What we need are jobs and jobs will only come to a state where the providers of the jobs are treated fairly. If you were a business with options to go just about anywhere in the country you wanted, would you pick West Virginia as a place to invest enormous sums of money. You might if the state offered a good strong work force, which I think we can. However, if you know going in, that the court system will automatically put at a disadvantage and that the tax system is not fair, and then I doubt you would pick the Mountain State for investment.

We are one of the most over taxed and over litigated states in the nation. There are states with higher taxes, but they provide much more services to the citizens than we do. The rich and famous in this state are lawyers and politicians. It is time we change that. Significant judicial reform will begin to rebalance the states finances. We must insist on it. Call you local legislators and tell them to support Senate Bill 418 and any other like it.

Where's the Money Comin' From

2005-03-09T14:20:00.000-08:00

There is no question that we all want the best teachers and should be willing compensate them based on their complishments our ability to pay for it. We all think we deserve more and good teachers probably do. However, we can not continue to educate our children only to see them leave the state and apply the education they received at tax payer expense to the tax base of another state. If teachers are to do better, then we must find ways to grow the state’s economy because there simply are too few places to turn for the money needed to improve our schools or compensation for teachers.

We have to create jobs for our kids to keep them here. To do that, changes are needed in many areas to attract employers. The only long term answer is to grow revenue and opportunity for our kids. If we choose instead to continue what we have been doing, raising taxes on the people and employer’s who stayed in WV, then some of them will leave and soon we will have no one but the teachers left to pay tax.

West Virginia is great place to get an education, but you can’t get a job here. The diminishing return that results is what our teachers suffer from. The people of West Virginia and the companies that employ us have done their part. Now, it is time for politician to do theirs. More taxes, bond and debt are not the answer, more opportunity is.

Promises Promises,

2005-02-28T08:31:00.000-08:00

Being cynical this earlier on the Governor’s legislative agenda spells trouble for West Virginians and the company’s that employee us. The Governor campaigned on the promise that he would not tax his way to prosperity. Then, the first thing he did was raise taxes on the extractive industries. They will tell you that the markets for coal and gas are so strong that the industries can afford this. What they will not tell you is that consumers, businesses and people alike, will be the ones who ultimately pay the price. Both the gas and coal industries were already the highest taxed in the region. Now they will become even less competitive in the market place simply because of the tax increase. West Virginia coal and gas will be at a disadvantage to coal and gas produced in other states. Sound familiar?

At a time when both industries were trying to grow and give better wages and benefits to it employees, the government steps in and stops the growth with a tax increase. Until recently, both industries have been losing jobs for decades. Unlike, the airlines and steel industries who fell on hard times, the energy sector has been left to handle their problems alone. All efforts to pass a national energy policy have failed, but as soon as the industry begins to turn around and do better, you can count on politicians to intervene in the progress people are making. Both the coal and gas industries in West Virginia have been doing their part to make the state a better place economically and create jobs that pay well with good benefits. The thanks they get is a tax increase that will at a minimum, stall growth.

While the Workers Comp bill addresses an issue that clearly needs attention, what would do more for the people of this state is real judicial reform. The Governor’s proposed civil justice reform is not near enough. Judicial reform is far more important than tax increases and will do more to help West Virginia than anything else. He, like some legislators, are reluctant to take on the powerful trial attorneys who have the financial wherewithal to fund enormous campaign coffers against anyone who opposes them.

For West Virginia to be truly “open for business” as proclaimed by the Governor, to come here and stay here, to create jobs and sustain them, meaningful civil justice reform must be enacted immediately. We the people, must insist on our legislature and the Governor to get behind serious tort reform or the people of this state will continue be disadvantaged.

This is about the people of West Virginia getting behind the companies they work for and promoting a better place for us all. The less our employers have to pay the government and trial lawyers, the more they can pay us, create more jobs and generate more business. That is how you increase your tax base, not by raising tax and letting frivolous lawsuits run good businesses out of the state. The guarantee of fair justice will bring jobs and lower insurance rates to the state. That will do more for the people than tax increase ever will

Woman President in Card??

2005-02-25T09:22:00.000-08:00

On a radio talk show, the topic was: would you vote for a women President? And, are women as qualified to be President? I thought about that for a minute. You see Presidents are rare, very rare. The first criteria for becoming President are that you must have been born in the United States. Now, I don’t know how many people have been born in the US, perhaps a billion or two or three or ten for all I know. Of the billions born on US soil, only 43 of them have been a United States President.

With the chances of becoming President 1 in billions, no matter what your gender, race or religion may be, I would say statistically, your chances are slim no matter what. In fact, you probably stand a much better chance at winning the lottery. There are many elements that must be aligned properly for your chances to be improved. Over the next 200 years, there will be billions more people born in the US, but there are not likely to be more than another 40 or so who become President.

So, when you look at the subject from such a large perspective, how could any know where to limit Presidential qualifications? The constitution of United States provides for the only limits, you must be born in the US. Once born here, what you do with the rest of your life determines your qualifications to be President.

Many suggest that Hillary Clinton will run. Other than being born here, I am not aware of anything she has done that qualifies her to be President. I also do not appreciate the way she got her senate seat. Others suggest Condoleezza Rice should be a presidential candidate. Again, other than being born here, I am not aware of her being responsible to voters and budgets which would be important to me.

The bottom line is: The timing for when to US will send a woman to the Whitehouse is when a woman makes herself the best candidate without regard to gender, race or religion. When that happens, we will have a woman President. Will either of the women most mentioned today be the first female President? Mrs. Clinton does not process all of the Presidential criteria and that is not likely to change. Ms. Rice does not process all of the Presidential criteria, but that could change.

Filibustering Judges Unconstitutional

2005-02-17T10:27:00.000-08:00

If you can't get the people or their congressional or legislative representatives to make the social changes you desire, what do you do? You lobby the judiciary, sue government agency’s or just sue anybody. Pick a judge that shares your idealogy and sue for change in his/her court. The best example is the judicial attack on religion. The constitution does not give the judiciary the authority to advance its own will against those of the people unless specifically provided for in the constitution. The unelected judges can bring about a radical new era with its decisions on social issues that were intended to be made by the elected representatives of the people.

I have tried to understand why some US Senators work so hard to prevent certain Federal Judgeship nominees from being confirmed once appointed. They seem so desperate that they themselves are willing to circumvent the constitution to stop judges from earning Senate confirmation. Filibustering a Senate confirmation hearing is a subversion of the constitution. It is clear in Article II, section 2 that the President has the expressed authority to appoint judges with the advice and consent of the Senate. That means that only a simple majority of Senators need approve a judge for confirmation. Filibustering stops the vote from taking place, clearly an end around the constitutional authority given to the Senate. What is interesting is that the Senate could stop this from happening simply by changing its own rules not the constitution, which it has the authority to do by majority.

If the Senate would change its rules of procedure that allow the filibuster to be effective in this regard, Judges would get their fair opportunity to be voted on, yea or nay. And, the President can fulfill his constitutional right and obligation to appoint judges with the advice and consent of a simple majority of the senate. No longer would certain Senators be able to circumvent the constitution.

Why would certain senators be willing to circumvent the very constitution they are sworn to uphold? Perhaps this question should be asked of them, but I find some irony that the same Senators who employ the filibuster to stop the Senate from confirming judges is often the same Senators who champion causes that are continually before our Supreme Court.

In essence, they want a second bit of the apple. What they can not achieve from the voters and congress they want to be able to achieve from the judiciary. That is why they will employ any method to stop a judicial appointment of any judge that they view as not having their since of values or social ideology. We should not send people like that to the Senate. Think about that the next time you vote.

Judicial Tyranny

2005-02-15T16:41:00.000-08:00

The framers of the constitution never intended for any one of the three branches of government to be able to trump the other unless certain actions were taken that was clearly outside constitutional boundaries. Each branch of Government was carefully and thoughtfully designed to be independent of one another, each having the responsibility to protect the sovereign rights of each other and every other citizen. The Supreme Courts of both West Virginia and the United States cross the constitutional boundaries in pursuit of their own political, philosophical, social, economical and environmental ideology. Federal court judges consistently legislate from the bench. Today’s judges, manipulate constitutional interpretation to create law and set precedence in ways that are far beyond the powers given to them by the constitution itself.

Judges are no more honest nor do they process greater powers of judgment or intelligence than any other respectable citizen. They are influenced by the same social and cultural influences as the rest of us. That is why the constitution did not provide for them veto power over Congress, the Legislature, our Governor or the President. The courts have become far more powerful than ever intended and they have exercised their veto power on numerous occasions throughout the last 50-75 years.

Judges on the federal level are accountable to no one. Not the voters, Congress or the Executive Branch. Since they are appointed for life, there are no consequences afforded to judges who render decisions that stretch the confines of our constitution. In West Virginia, judges are elected on a partisan basis. Democrat judges rule in favor of democratic principles and republican judges rule in favor of republican principles. To be fair, they are a large number of judges at both the state and federal level who are smart, fair and understand their role in the judiciary. The problem is that the majority of judges these days seem more activists than judges.

In West Virginia, we need radical change to take place in the judicial system before there are no businesses left to employ us, doctors to treat us or insurance companies to insure us. One step in the right direction would be to allow for non-partisan election or appointment of judges. Let judge’s qualifications and ethics determine his/her eligibility to sit on the bench. Not what party he is affiliated with and certainly not because of his position on a single issue.

Consider this: Only 9 states elect judges on a partisan basis, 4 states allow joint and several liability and unlimited punitive damages, and only 6 states allow third party claims. West Virginia laws permit all of this in its court system. A virtual lawyer’s paradise. Where you can sue anyone for anything and feel fairly confident that a lawyer will get paid.

Call your Legislators and Congressman and tell them, we want our state and our nation back. Judicial reform on both a state and federal level is needed now.

Cry for Help, Real Legal Reform.

2005-02-08T15:23:00.000-08:00

We must ask this question of every politician. If they are not committed to real judicial reform, then they do not understand the real problems facing West Virginians and the companies that employ us. Justice for all? Not in West Virginia, for here lays a lawyer's paradise. Where you can sue anyone, for anything and somebody is going to pay. Chances are it will come from a mandated insurance carrier who will get all of their money from the people in the way of premiums.

It really is that simple. When taxes are raised, the people pay. When insurance premiums rise, it is the rate payers, the people, who pay for it. Who wins? The lawyers and the few people who win lawsuits and are awarded the preverbal judicial lottery. If you are truly wronged by a negligent party, then you certainly are entitled to receive fair compensation. But never should any entity pay for the negligence of others. That is were joint and several liability is wrong and unfair. We the people just want fairness.

Think about how you would feel if you were sitting still in a traffic jam. Then you are rear ended by a driver who has no insurance. The collision knocks you into the path of an on coming car. The on coming driver, as the victim, sues you and the guy who knocked you into the path of the on coming car. The jury awards the victim $1 million dollars. Now, the uninsured or even an under insured driver has nothing, no insurance and no assets and you are insured with $300,000 of maximum coverage. In this case, you and your insurance company would be responsible for the $300,000 that reaches your policy limits. Then the victim can collect the rest from you. If you have a house, they can take it, stock and bonds, investment property, most any assets you have can be attached. Is that fair? No, but it will never change until the people of West Virginia stand up to the trail lawyers.

You see the real injustice here is that, no lawyer will take this case to trial unless someone has insurance. They don’t care who has insurance, even if you are completely innocent of any wrong doing. Just happened to be in the wrong place at the wrong time and you will pay. Otherwise the lawyers could not earn their contingency fees. They claim the driver is entitled to something, and that may be true, but the system in this case has it created yet another victim. The person who is forced to pay for an accident he did not create. That is not fair to him either.

We the people need to stand up and let our legislators know that we want the legal system fixed. What will result are more jobs, lower insurance premiums and fewer lawyers. Don’t you think we have enough laws, why do we keep making new ones?

Mansion no good for Manchin

2005-01-26T15:02:00.000-08:00

The Legislature convened in special session yesterday with four pieces of legislation to consider. They are:

HB-101 - A government reorganization bill which gives Governor Manchin greater authority in the hiring and firing selected agencies.

HB-102 - A bill to authorize using excess inaugural funds to enhance the Governor's mansion. This amounts to hundreds of thousands of dollars.

HB-103, the Workers' Comp bill - The bill attempts to create some new funds from raising taxes and commandeers funds that were otherwise used elsewhere. The following is where the funds are to come from:

• $90.2 Million from severance tax increases (already overtaxed industries that are taxed at rates higher than any other state in the area).

• $45.0 Million from Workers Comp Surcharge (coal industry gets a rate decrease, then ad a surcharge for everyone else to pay to offset it).

• $30 Million from the tobacco settlement (money is used for many programs that will not longer be funded).

• $45 Million from lottery excess funds (this is where matching funds come from for water and sewer projects. This will all but eliminate infrastructure growth and construction jobs).

• $20 Million from Racetracks (reduce payouts - racetracks are going to eat this cost).

HB-10 Ethics Bill. (badly needed)

This is a special session and the Governor wants more money, more power and authority and better living conditions. The Mansion no good for Manchin.

2005-01-23T13:17:00.000-08:00

The legislature goes into special session tomorrow without first being given a plan from the Governor. Although the administration claims to have a plan, it has not been widely available to legislators. This comprehensive plan is being sold by the Governor has not been seen by many, maybe none of our legislators. We do not know if he has enough support to carry through.

Why would the Governor call into special secession, a legislature that has no idea, other than what has been talked about in the press, what he intends to do about raising more than $200 million every year for the next 20 years. Where is the money coming from to fund this grand adventure. It will come from the people of West Virginia and the companies that employ them.

I wonder how much the company I work for could afford to pay me if it were not so over taxed. If it did not have to pay more tax than companies in other state just across the West Virginia border.

We the people of West Virginia, need to soon realize that our employers are being squeezed. They would have us believe the tax structure has nothing to do with the fact that companies are leaving and new one will not come.

We all want more just like everyone else, but we don't want it from the state. Nor do we want to state taxing our employer to the brink of extinction.

The Administration Is Twisting Arms.

2005-01-22T07:44:00.000-08:00

It seems the new Governor is going to raise taxes after all. He and some legislators are going to attempt to advance sweeping tax increases on certain industries all the while telling the people that they are going to fix the States financial problems without a contribution from the people of West Virginia. They refuse to address the issues that have put this state in the condition that it is in financially. Instead of addressing the source of the problems, they will simple to create a means to bring in more money to the state. Create new and raise current taxes.

They think the people are too stupid or ignorant to realize that any tax increase will be paid for by the people of West Virginia although not necessarily directly. Their plan is to raise taxes on hospitals, energy and even create a new taxes on certain services that currently are not taxed. They want to raise taxes on utilities. They are correct in telling us that this effort will raise additional money for the State. However, taxing our way out of trouble will only create more financial problems for the state in the future. When the State raises taxes on hospitals, energy and services, the people who pay for healthcare, energy, and utilities are the ones paying the tax.

So, they will attempt to deceive us into believing that they are going to raise an additional $220-250 million dollars a year and the people of West Virginia are not going to be the ones who pay for it. Not true. Every industry affected by this will simply add it to their cost of doing business and the people who use their services will pay for the tax increase. If they are unable to pass the cost through, then they will have to absorb it, which means they will have to raise there prices to offset it. Or, they simply will make not further investments in West Virginia.

In addition to the financial risk to the people, increased taxes will create a significant risk of discouraging investment in the areas where capital dollars are needed to create jobs, sustain the jobs we have and encourage investment in infrastructure.

The additional revenue raised by virtue of the tax increase is to be used to borrow even more money to pay for liabilities that are not even due yet. They are merely projected future unfunded liabilities. A very large portion of that unfunded liability is used to pay private attorneys who have abused the system and helped to create the unfunded liability to start with. The bonds they intent to float will carry a heavy interest burden and will bind the people of West Virginia for 20 years to the debt created by this bond fund.

There are no easy answers. We do need to address the problems, but we need to address the cause first. The cause is simple. State government has simply spent more money than it brings in or it has allowed various state agencies to create liabilities that its cash flow could never support.

What can we do? Let your legislative representatives know that they should spend there time and energy on fixing the problems not on figuring out ways to get the people of West Virginia to pay more money for the problems created by them. Make them fix the problem. Start with getting our legal system under control. We should start checking to make sure that those who receive benefits from the state actually deserve them.

Get involved and do not believe you are not the one who will ultimately pay for the tax increases.

WV's New Governor asked a tough question, he should know the answer

2005-01-18T11:39:00.000-08:00

West Virginia's new Governor asked the people "what have you done for your state"? He should know the answer to that question. What he should have asked is: "what has the state done with the resources provided to it by the people"?

The people of West Virginia and the companies that employ them are among the highest taxed in the region, purhaps the nation. The people and their employers have already done their part. Waste, corruption, cronyism, incompetence and a legal system out of control have squandered what should have been ample financial resources for West Virginia to function and even flourish.

Now is a critical time for West Virginia. Gov. Manchin blames stagnant growth and lost opportunity on the workers compensation and teachers retirement deficits. He claims these elements as being the greatest detriment to West Virginia recovering from its financial woes, when in fact, they are nothing more than symptoms of waste, corruption, cronyism, incompetence and a legal system out of control.

I suggest the most significant issue limiting prosperity in West Virginia is the states legal system. The Governor may not address this issue because trial lawyers from around the state contributed enormous amount of money to his elections campaign. No matter what course of action taken to improve the prosperity for West Virginia’s people, unless significant legal reform takes place, no citizen will benefit from the changes except lawyers.

Now is the time for West Virginian’s to speak out and let their legislators know that we think this issue should be dealt with during the 2005 Legislative Session. Workers Comp is not suffering because not enough money is flowing into it. It suffers because too much money is paid to fraudulent claimants and their lawyers. It really is that simple and what is happening puts in jeopardy the legitimate claimant who actually deserves the protection workers compensation is supposed to provide.

We must speak out.

PD Notrah