Friday, February 14, 2014

Anti Federalist Papers No. 38 – Some Reactions To Federalist Arguments

I have read with a degree of attention several publications which have lately appeared in favor of the new Constitution; and as far as I am able to discern, the arguments (if they can be so termed) of most weight, which are urged in its favor, may be reduced to the two following:

1st. That the men who formed it, were wise and experienced; that they were an illustrious band of patriots, and had the happiness of their country at heart; that they were four months deliberating on the subject, and therefore, it must be a perfect system.

2nd. That if the system be not received, this country will be without any government, and of consequence, will be reduced to a state of anarchy and confusion, and involved in bloodshed and carnage; and in the end, a government will be imposed upon us, not the result of reason and reflection, but of force and usurpation.

As I do not find that either Cato or the Centinel, Brutus, or the Old Whig, or any other writer against this constitution, have undertaken a particular refutation of this new species of reasoning, I take the liberty of offering to the public, through the channel of your paper, the few following animadversions on the subject; and, the rather, because I have discovered, that some of my fellow citizens have been imposed upon by it.

With respect to the first, it will be readily perceived that it precludes all investigation of the merits of the proposed constitution, and leads to an adoption of the plan without inquiring whether it be good or bad. For if we are to infer the perfection of this system from the characters and abilities of the men who formed it, we may as well determine to accept it without any inquiry as with. A number of persons in this [New York] as well as the other states, have, upon this principle, determined to submit to it without even reading or knowing its contents.
But supposing the premises from which this conclusion is drawn to be just, it then becomes essential in order to give validity to the argument, to inquire into the characters of those who composed this body, that we may determine whether we can be justified in placing such unbounded confidence in them.

It is an invidious task, to call in question the characters of individuals, especially of such as are placed in illustrious stations. But when we are required implicitly to submit our opinions to those of others, from a consideration that they are so wise and good as not to be liable to err, and that too in an affair which involves in it the happiness of ourselves and our posterity, every honest man will justify a decent investigation of characters in plain language.

It is readily admitted that many individuals who composed this body were men of the first talents and integrity in the union. It is at the same time, well known to every man, who is but moderately acquainted with the characters of the members, that many of them are possessed of high aristocratic ideas, and the most sovereign contempt of the common people; that not a few were strongly disposed in favor of monarchy; that there were some of no small talents and of great influence, of consummate cunning and masters of intrigue, whom the war found poor or in embarrassed circumstances, and left with princely fortunes acquired in public employment. . . . that there were others who were young, ardent, and ambitious, who wished for a government corresponding with their feelings, while they were destitute of experience . . . in political researches; that there were not a few who were gaping for posts of honor and emolument - these we find exulting in the idea of a change which will divert places of honor, influence and emolument, into a different channel, where the confidence of the people will not be necessary to their acquirement. It is not to be wondered at, that an assembly thus composed should produce a system liable to well founded objections, and which will require very essential alterations. We are told by one of themselves (Mr. [James] Wilson of Philadelphia) the plan was [a] matter of accommodation, and it is not unreasonable to suppose, that in this accommodation, principles might be introduced which would render the liberties of the people very insecure.
I confess I think it of no importance what are the characters of the framers of this government, and therefore should not have called them in question, if they had not been so often urged in print, and in conversation, in its favor. It ought to rest on its own intrinsic merit. If it is good, it is capable of being vindicated; if it is bad, it ought not to be supported. It is degrading to a freeman, and humiliating to a rational one, to pin his faith on the sleeve of any man, or body of men, in an affair of such momentous importance.

In answer to the second argument, I deny that we are in immediate danger of anarchy and commotions. Nothing but the passions of wicked and ambitious men will put us in the least danger on this head. Those who are anxious to precipitate a measure will always tell us that the present is the critical moment; now is the time, the crisis is arrived, and the present minute must be seized. Tyrants have always made use of this plea; but nothing in our circumstances can justify it.

The country is in profound peace, and we are not threatened by invasions from any quarter. The governments of the respective states are in the full exercise of their powers; and the lives, the liberty, and property of individuals are protected. All present exigencies are answered by them. It is true, the regulation of trade and a competent provision for the payment of the interest of the public debt is wanting; but no immediate commotion will arise from these; time may be taken for calm discussion and deliberate conclusions. Individuals are just recovering from the losses and embarrassment sustained by the late war. Industry and frugality are taking their station, and banishing from the community, idleness and prodigality. Individuals are lessening their private debts, and several millions of the public debt is discharged by the sale of the western territory. There is no reason, therefore, why we should precipitately and rashly adopt a system, which is imperfect or insecure. We may securely deliberate and propose amendments and alterations. I know it is said we cannot change for the worse; but if we act the part of wise men, we shall take care that we change for the better. It will be labor lost, if after all our pains we are in no better circumstances than we were before.
I have seen enough to convince me very fully, that the new constitution is a very bad one, and a hundred-fold worse than our present government. And I do not perceive that any of the writers in favor of it (although some of them use a vast many fine words, and show a great deal of learning) are able to remove any of the objections which are made against it. Mr. [James] Wilson, indeed, speaks very highly of it, but we have only his word for its goodness; and nothing is more natural than for a mother to speak well of her own bantling, however ordinary it may be. He seems, however, to be pretty honest in one thing - where he says, "It is the nature of man to pursue his own interest, in preference to the public good" for they tell me he is a lawyer, and his interest then makes him for the new government, for it will be a noble thing for lawyers. Besides, he appears to have an eye to some high place under it, since he speaks with great pleasure of the places of honor and emolument being diverted to a new channel by this change of system. As to Mr. Publius [The Federalist], I have read a great many of his papers, and I really cannot find out what he would be at. He seems to me as if he was going to write a history, so I have concluded to wait and buy one of his books, when they come out. The only thing I can understand from him, as far as I have read, is that it is better to be united than divided - that a great many people are stronger than a few - and that Scotland is better off since the union with England than before.

And I think, he proves too, very clearly, that the fewer nations there are in the world, the fewer disputes [there] will be about the law of nations - and the greater number that are joined in one government, the abler will they be to raise ships and soldiers, and the less need for fighting. But I do not learn that any body denies these matters, or that they have any thing to do with the new constitution, Indeed I am at a loss to know, whether Mr. Publius means to persuade us to return back to the old government, and make ourselves as happy as Scotland has by its union, or to accept of the new constitution, and get all the world to join with us, so as to make one large government. It would certainly, if what he says is true, be very convenient for Nova-Scotia and Canada, and, for ought I know, his advice will have great weight with them. I have also read several other of the pieces, which appear to be wrote by some other little authors, and by people of little consequence, though they seem to think themselves men of importance, and take upon them grand names such as . . . Caesar,' . . . Now Mr. Caesar do[es] not depend so much on reasoning as upon bullying. He abuses the people very much, and if he spoke in our neighborhood as impudently as he writes in the newspapers, I question whether he would come off with whole bones. From the manner he talks of the people, he certainly cannot be one of them himself. I imagine he has lately come over from some old country, where they are all Lords and no common people. If so, it would be as well for him to go back again as to meddle himself with our business, since he holds such a bad opinion of us.

A COUNTRYMAN



Learn More About US History:  Visit Jamestown, Williamsburg and Yorktown , Virginia Living Museums.
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Gerald Celente - Gary Null Show - February 13, 2013

Even Knowing About This Law Might Prevent You From Serving On A Jury

Jury Duty (film)
Jury Duty (film) (Photo credit: Wikipedia)



Guilty or not guilty? Well, there's a third option you might not know about.  In the United States, if you are called to jury duty, (SSHHH!) you have the right to override the judge on what you want to hear from either side irregardless of what the judge may say.  (It's in the handbook that you do not get a copy of).  You have the right as a juror to bypass any order of suppressed information or evidence.  But that's Constitutional law, and we all know that the Constitution is nothing more than a piece of paper except when it can be used against us. 
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State Agencies Respond to Ongoing Winter Storm

English: The state seal of Virginia. Српски / ...
 (Photo credit: Wikipedia)
Virginians urged to stay home due to hazardous road conditions

RICHMOND, Va. – During the latest winter storm to affect the Commonwealth, the Virginia Emergency Operations Center, the Virginia Department of Transportation and other state agencies continue to assist Virginians by processing requests from local governments and matching them with the appropriate state agencies and utilities for response.

“This major winter storm has brought six to 18 inches of wet snow across Virginia, and the Virginia Department of Emergency Management, the Virginia Department of Transportation and many other agencies and private sector partners are doing great work to continue to respond and make sure people are safe” said Governor McAuliffe. “We expect this storm to continue to bring a mixture of snow, sleet and freezing rain throughout the evening, and ask we Virginians to keep themselves safe and assist our storm responders by refraining from any unnecessary travel. Many of our roads remain difficult to pass as snow and ice continue to fall, and refraining from traveling helps speed up road clearing operations.”

While most roads are open, more than 950 are in moderate to severe condition, which means they are mostly or partially covered with snow and/or ice.  People should call 511 or go towww.511Virginia.org before traveling.

Throughout the state, there are 1,400 customers without power.  Most power outages are due to fallen tree limbs. 

Here’s a list of current state agency storm response efforts and how they are assisting Virginians:

·         Virginia Department of Transportation crews are conducting road clearing operations, and their goal is to have all state-maintained roads passable within 48 hours after a winter storm ends so that people can travel safely.  For example, a VDOT crew member and plow responded to the scene of a Spotsylvania County ambulance stuck in a ditch on Salem Station Boulevard in Spotsylvania County.  The ambulance was on its way to an emergency.  The VDOT plow cleared a path for the ambulance to drive on, while county fire and rescue personnel were able to tow the ambulance from the ditch. VDOT has deployed more than 12,300 pieces of equipment including trucks and plows.

·         More than 200 Virginia National Guard personnel are staged strategically across Virginia to support state and local emergency response.  An additional 50 soldiers, airmen and members of the Virginia Defense Force are on duty to provide mission command, administrative and sustainment support for units in the field.  Virginia Guard is staged at readiness centers along the Interstate 81 corridor, in the central Virginia area along Route 29 and Interstates 64 and 95, and areas of Northern Virginia to be ready to support possible response missions. 

·         The Virginia State Police continue to respond to traffic crashes and disabled vehicles resulting from the storm and hazardous road conditions.  All available troopers have worked extended shifts throughout the night and Thursday to help people by responding, investigating and clearing crashes.  VSP has responded to at least 1,000 traffic crashes and more than 900 disabled vehicles across the Commonwealth since 4 p.m. Wednesday, Feb. 12.  The majority of crashes involved damage to vehicles and no injuries to people. 

There are a number of potentially life-saving actions that people can take, including:

·         Charge your mobile devices so you can continue to hear information from official sources if the power goes out.
·         Have emergency supplies in your vehicle.  If you are stranded you will need water, food, blankets, a flashlight and extra batteries at a minimum. 
·         Have a battery powered and/or hand-crank radio and extra batteries for emergency information.  Listen to local weather forecasts and instructions from local officials.
·         Avoid overexertion while shoveling snow and cleaning up from the storm, no matter your age or physical condition.  Shoveling snow or pushing a car can bring on a heart attack or make other medical conditions worse.
·         If you need help for an elderly or disabled person during the storm, need information on warming shelters, or are concerned about an unsheltered individual or family, call 211 or visitwww.211virginia.org.  When you call 211, a trained professional will suggest sources of help using one of the largest databases of health and human services in your community and statewide.
·         Get winter weather preparedness information at www.ReadyVirginia.gov and download the new Ready Virginia app for iPhones and Android devices.
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Governor Announces Mid-Session Revenue Reduction of $140 Million

Terry McAuliffe
Terry McAuliffe (Photo credit: mou-ikkai)
Governor Announces Mid-Session Revenue Reduction of $140 Million
Due to Weak January and Year-To-Date Revenue Collections;
Offers Budget Actions to Cover Reduced Revenue Growth

RICHMOND- Today, Governor Terry McAuliffe briefed House and Senate budget committee leaders on the preliminary mid-session revenue reforecast numbers. This review involves an analysis of two elements: updated economic information and actual revenue collections for the first seven months of the current fiscal year, which started July 1, 2013. The Governor offered several budget solutions to cover the reduced revenue growth that was projected.

“Although our underlying economic forecast has not changed, it is clear that the current revenue receipts warrant caution,” said Governor McAuliffe. “In order to remain prudent, we must adjust our revenue estimates downward, which will help reduce future risks. After consulting with my economic team, it is my recommendation that we reduce the general fund revenue estimates for fiscal year 2014 by $125 million and the general fund revenue estimate for fiscal year 2015 by $15 million.” 

Total general fund revenue collections fell 5.9 percent in January with declines in all major sources except corporate income taxOn a year-to-date basis, total revenue collections fell 0.5 percent through January, lagging the annual forecast of 1.7 percent growth.  Total revenues are tracking behind the forecast due to declines in individual withholding, and non-withholding, and recordation taxes. In January, receipts for individual non-withholding declined by 25.3 percent and withholding (the State’s largest general fund revenue source) declined by 1.9 percent.  Recordation tax collections declined by 33.3 percent in January. 

These results are important as January is a significant month for revenue collections from individual estimated payments, sales taxes on December sales and corporate income taxes from large retailers. This combined with an analysis of the underlying economic fundamentals in the economy and revenue models forms the basis for the annual mid-session revenue reforecast presented to the 2014 General Assembly. Since December 16, the economic fundamentals on which the December forecast is based have not changed and continue to point to modest economic growth.

However, through January, fiscal-year-to-date revenue collections have declined by 0.5%  -- or 2.2% below the annual December estimate of a 1.7% increase.  The revenue sources that have underperformed the most have been individual non-withholding and the corporate income taxes  – both very volatile sources of revenue.  Given the performance to date in all sources, combined with the difficulty in forecasting individual non-withholding receipts in April and May, the Governor is recommending that the prudent step is to reduce the December forecast by $125.0 million in FY 2014 and $15.0 million in FY 2015.  General fund revenues are now expected to increase 1.0 percent in FY 2014 as compared to the 1.7 percent increase in the December forecast.

Given the timing of this mid-session reforecast, which occurs just in advance of the House and Senate money committees reporting out their respective versions of the budget on Sunday, the Governor further offered select budgetary actions to address the change in revenues. 

“It is my sincere hope that these budget actions will help the House and Senate in their respective budget deliberations in light of the timing of the lower revenue forecast I am recommending today,” said Governor McAuliffe.

There were eight budget adjustments that Governor McAuliffe proposed to address the lower revenue projections (see attachment).  None of these adjustments impact core services or entitlements. 

These adjustments include:

o   The elimination of the FY 2016 estimated payment to the revenue stabilization fund,
o   Use of additional Lottery revenues,
o   Capturing uncommitted balances across the budget, and
o   Reducing the unappropriated balance from $51 million to $11 million. 

BACKGROUND

The FY 2016 payment into the revenue stabilization fund is based upon revenue growth in FY 2014. Since the majority of the revenue decline, $125 million, is applied to FY 2014, the entire required deposit of $59.9 million in FY 2016 is eliminated and no longer needed.

While general fund revenues are being adjusted downward in FY 2014, Lottery revenues are expected to exceed the previous forecast by $15.5 million.  The Chairman of the Lottery Board notified the Governor in writing this week that due to low prize payouts and significant sales through the first half of the fiscal year, largely associated with a very high Mega-millions jackpot, the net proceeds available for public education are projected to increase by $15.5 million. This additional Lottery revenue can be used to offset general fund expenses in public education with no reduction in services.

In addition to the excess lottery balances, the Governor has also identified balances in the Literary Fund that may be used to offset general fund teacher retirement costs, balances from unclaimed accounts previously held by a former state agency that may now be deposited to the general fund, and appropriation balances in other programs that are not going to be needed. 

The other program balances that will not be needed and whose appropriations can now be reverted or deposited to the general fund including the Federal Action Contingency Trust (FACT) fund, some economic development fund balances, and some pilot education program balances.

Finally, the remainder of the gap will be closed by reducing the unappropriated balance by approximately $40 million, from $51 million as it was in the introduced budget to $11 million.  The large unappropriated balance was intended to offset potential revenue losses so this adjustment is in line with its intended purpose.


January 2014 revenue data, State of Virginia from Chuck Thompson

The above PDF's are the attachments that were included with the original source of the story at the Governor's office.
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Governor McAuliffe Announces Virginia Adopts National Cybersecurity Framework

McAuliffe speaking at Frying Pan Park in Hernd...
. (Photo credit: Wikipedia)
Commonwealth is first to use new framework as part of efforts to reduce cybersecurity risks to critical infrastructure

RICHMOND - Governor Terry McAuliffe announced today that the Commonwealth of Virginia will adopt the new National Institute of Standards and Technology (NIST) framework into the existing Commonwealth risk framework to help identify and communicate cybersecurity risks.

NIST today announced the framework, and Virginia immediately adopted it into existing cybersecurity efforts.

“Adding this framework to the existing efforts led by the Secretary of Technology, Chief Information Officer, Chief Information Security Officer and the Virginia Information Technologies Agency will strengthen the Commonwealth’s ability to fight cyber crime and further enhance Virginia’s position as a leader in cybersecurity,” Governor McAuliffe said. “Virginia has an award-winning cybersecurity program in place, but must continue to advance our ability to keep our families and businesses safe and make the Commonwealth the national hub for the cybersecurity industry and the jobs that come with it.”

The new framework will help to enhance the systematic process for identifying, assessing, prioritizing and communicating cybersecurity risks; efforts to address risks; and, steps needed to reduce risks as part of the state’s broader priorities.

NIST coordinated the development of the framework with a broad array of stakeholders from the public and private sectors as a result of a federal executive order to develop a way to address cybersecurity risks to critical infrastructure. Input was provided by public and private infrastructure owners and operators, industry leaders and other stakeholders in workshops, meetings, webinars and other information sessions over the past year.
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Governor McAuliffe Applauds House Passage of SOL Reform Legislation

English: Former DNC Chair Terry McAuliffe spea...
 (Photo credit: Wikipedia)
Governor Terry McAuliffe and Secretary of Education Anne Holton released the following statement today applauding the unanimous passage of House Bill 930, which would reform the Standards of Learning (SOLs) by reducing the number of tests to focus students and teachers on key areas in each grade level and establishing a process to review remaining SOL assessments in order to maximize their effectiveness:

“I am pleased that the House of Delegates has acted in a bipartisan fashion to pass this bill, which represents a meaningful step toward reforming the Standards of Learning to continue to evaluate students and teachers, without stifling innovation and creativity in the classroom.

“This legislation was the product of the leadership of Delegates Tag Greason and Rob Krupicka, who worked alongside Secretary of Education Anne Holton and my policy team to craft a bill that will allow the Commonwealth to track student performance while better freeing teachers to teach and students to learn. As the legislation moves to the Senate, my team and I will continue to engage actively with the process to bring legislation to my desk to reform the SOLs and strengthen Virginia’s ability to prepare our students to lead in the 21st Century economy.”  

Secretary Holton added:

“I want to thank Delegates Greason and Krupicka and their colleagues in the House for working so closely with Governor McAuliffe’s team to get this important legislation passed. This bill will improve the quality of the instruction Virginia students receive in the classroom, and should serve as an example of what we can achieve when we work together in a bipartisan way.”

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