Hoping all had a Merry Christmas and Happy New Year.
What is our theme for the New Year? Maybe it should be taking care of the hard working middle class of America. Getting the unemployed back to work, protecting the pensions of the middle class and securing the future of America. If the House of Representatives will generate bills which have the middle class best interests at hand we know that the Senate will reject these bills. We know that only 31% of Americans consider themselves Democrats. Can we persuade 60% of the remaining 69% of Americans to join our cause? I believe we are already doing this.
One may want to consider protecting the pensions of the middle class as a starting point. If the House of Representatives passes a bill addressing under funded pensions (unions, non-profit, and profit entities), the Senate would surly reject this bill. This Senate rejection would set the stage for the Senate being against the middle class's financial future. What would be necessary, only restrict non essential expenditures of all entities with under funded pension positions. Pension need to be funded at least by 80%. If pensions are not 80% funded no executive bonuses, political contributions, executive retreats, executive perks, and any and all non essential expenditures are required by law to be stopped. If this law is disregarded a mandatory 25 year jail sentence would be forthcoming to entity executives and board of directors. . The Senate will reject this House of Representatives bill due to the stoppage of union political contributions. This action will put the Senator's future above the working people they claim to represent. This bill will set the stage for the remaining two years prior to the election of 2012.
The next thing is to address the Health Care Bill. The House of Representatives needs to acknowledge the U.S. Constitutions separation of powers. Acknowledge the balance of power between the President, Congress, and Judicial branches. The House needs to acknowledge the responsibility and the authority of their individual branch of government. A Federal Judge has ruled the Health Care bill as unconstitutional. This ruling means at this time the Health Care Bill passed is deemed null and void. The House needs to address the authority of the Judicial Branch and move in a bill to at this time stop all Health Care Bill activity. The Senate will reject this action by the House setting the stage for the Senate violating their oath of office. This House action will divide the Congress. The Supreme Court will have to resolve this issue. The Supreme Court will be required to decide if the Health Care Bill is deemed null and void at this time. The Supreme Court will also have to decide it all Health Care activities can continue or be stopped. If the Supreme Court decides that the Health Care Bill is deemed null and void at this time and the Senate failed to recognize the responsibility and authority of the Judicial Branch then Harry Reid and Vice President Biden who presides our the Senate are in violation of their oath of office and are required by the U.S. Constitution to be permeably remove from Federal Office.
Paul (the needle)
Comments
Good article Paul.
I can agree with most of what you said here Phil. But for the "elimination" of malpractice.
Accidents DO happen, and there needs to be something there to cover the victim/patient.
A huge modification of the current system is what is needed more than the tossing away of it.
Restrict awards to a reasonable amount reflective of the actual loss suffered by the Petitioner up to a certain reasonable lower limit. (If someone like Howard Hughes lost something like a fingertip, for example, they could reasonably sue for millions based simply upon their own net worth and the "reflective" of their actual loss. That would be excessive. Most of us could accommodate such a loss with some discomfort and a period of adjustment. keep it reasonable.)
Enhance that award with some reasonable consideration for the hardship, pain, and suffering reasonably expected to be/have been incurred. (Again, see the above example.)
But eliminate these Millions of Dollar awards by all means. AND severely restrict Attorney's fees and contingency percentages, Particularly where Class Actions are concerned.
Treat the First mistake as an accident, subject to reconsideration upon a repeat incident with the same practitioner. Then treat any repeat performances harshly, removing the practitioner from from the practice and perhaps even placing them behind bars. Compensation could then become a consideration of the wealth amassed by the estate of the offending practitioner.
Still, I feel that, sharply reducing and limiting Attorney fees is the key and not an "elimination" of the system.