Posted by tfichter on 06/18/10
Last updated 06/18/10

Submission to NewsWithViews.com by Attorney Jonathan Emord:

On May 27, 2010, the Honorable Ellen Segal Huvelle of the United States District Court for the District of Columbia held that FDA violated the First Amendment when it variously censored and saddled with lengthy and inaccurate disclaimers ten health claims associating the essential nutrient selenium with a reduction in the risk of certain kinds of cancer. The decision (Alliance for Natural Health v. Sebelius) is momentous. It upsets a plan underway within the Commission to undermine and disavow compliance with the final and binding orders of the United States Court of Appeals in Pearson v. Shalala, a plan fully in accord with the wishes of that dedicated fan of unlimited government, Congressman Henry Waxman.

Emord goes on:

The story behind the story is that FDA utterly refuses to comply with the Pearson decision and with that case's progeny. A short time after Pearson v. Shalala was decided, I was informed by an FDA employee in the know that the FDA would "never abide by that court decision, never, ever."

In other words, that FDA employee put me on notice that an agency of the government that regulates about one-quarter of the economy viewed itself as unconstrained by final and binding constitutional mandates from the United States Court of Appeals for the District of Columbia Circuit. For me, it confirmed that this agency's refusal to abide by the court orders it disliked was not the product of bureaucratic incompetence but was by design. There can be no rule of law, no constitutional limit on the exercise of government power, and no ethics in government service if those who rule powerful federal agencies, like the FDA, so disrespect the authority of the federal courts that they will ignore or circumvent the courts' orders. There can be no meaningful separation of powers if the FDA can with impunity violate and circumvent court orders as if it, not those courts, were the final arbiter of the legality of agency action.

Emord concludes:

The selenium case just won is another excellent case in point. Judge Huvelle brilliantly saw through the FDA's manipulation of the science, noting contradictions and false representations in the agency's analysis, and she strongly defended the First Amendment against the agency's attempt to negate it. We now await to see if FDA will finally accept constitutional limits on its power or will balk yet again, choosing lawlessness to the rule of law. If history is our guide, FDA will continue to be a brigand.

Read this brilliant article in its entirety here.

Posted by tfichter on 05/15/10

I did it! After much consideration and soul searching, I decided to run for Republican Precinct Delegate for Claybanks Township. This was a difficult decision, because I had basically given up on the Republican Party. Last election, I voted for third party candidates whereever possible, and refused to support even our local Republican candidates. So, my decision to run for precinct delegate boiled down to joining back in and be active to reform the party, or completely let go, and never look back. I sincerely hope enough of us here in Michigan win in order to bring about change to the Party.

Well, time to start campaigning...

Posted 05/19/10 psmith43 Sebewaing, MI

As have I... Huron County... We have a couple of senators that need to be shown the door... May god go with you... Pete

Posted 05/20/10 Janet Blazen Benton Harbor, MI

I am also running for Republican Precinct Delegate St. Joseph Township, Michigan...........I've been talking to neighbors who will be voting and asking for their vote....It looks real good..........Gotta start somewhere ! Do or Die : )

Posted 05/23/10 jsopha Richmond, MI

I am also on the ballot, Macomb County. We need to get involved any way we can.

Posted 05/27/10 mrsbmw perry, MI

I have also put my name on the ballot for precinct delegate for Perry township!! So It says to vote for not more than 6 and their are only 5 names on the ballot, inclueding my name. Take America BACK

Posted 06/03/10 vortican Haslett, MI

On the ballot in Meridian township. Last time I checked, there were only 2 candidates and 4 openings. Why wouldn't anyone do this? It's so easy and a great way to get a foot in the door.

Posted by tfichter on 03/15/10

We were one of the lucky 250,000 chosen for the 2010 Census long form survey where they ask questions like how long it takes you to get to work, how many bathrooms in your house, and if you have trouble getting up and down stairs. We also recently received a letter from the Director of the Census Bureau asking us to return our completed Census promptly. I quote:

"Your response is important. Results from the 2010 Census will be used to help each community get its fair share of government funds for highways, schools, health facilities, and many other programs you and your neighbors need. Without a complete, accurate census, your community may not receive its fair share.
Thanks in advance for your help."

I filled out the front page of the survey, and gave my name, my contact number, and the total number of people living at this address. Here is a copy of the letter I attached to my briefly-completed census form:

Robert M. Groves
Director
U.S. Census Bureau
PO Box 5240
Jeffersonville, IN 47199-5240

Dear Mr. Groves:

I received your letter dated March 8, 2010 re: The 2010 Census Form. Please find enclosed my completed 2010 Census Form.

Please be aware that I have chosen to not complete any questions that were of a personal nature. I respectfully decline to provide this information to the U.S. Dept. of Commerce because the information being requested is private information, and therefore protected under the Fourth Amendment of the United States Constitution. I would not volunteer to provide this information to law enforcement, Social Services, the IRS or any other government organization, and therefore it would require a search warrant, based upon probable cause, before they could lawfully obtain this information.

Furthermore, I found your letter a little troubling. You stated that the results of the 2010 Census would be used to help each community get its fair share of government funds. Yet, Article 1, Section 2, Clause 3 of the U.S. Constitution, and Congress in Pub. L. 105-119, title II, Sec. 209, Nov. 26, 1997, 111 Stat. 2480 state that the sole purpose of the Census is for the enumeration of the population for the apportionment of Representatives in Congress among the States. You chose to argue for the census on a basis that is unconstitutional. Please revise your remarks and in the future, stick to your oath of office to support and defend the Constitution.

Sincerely,

Todd Fichter
Resident

Posted 03/18/10 bujin00 Shawnee, KS

Very well written! I wrote something very similar in response to my Census request, albeit I did not get the "long form." Nicely done...

Posted 03/22/10 vortican Haslett, MI

Where's the option for "My signif other stole my census form and is filling it out completely because they are scared of the gubment?"

Posted by tfichter on 02/25/10
Last updated 02/25/10

I am listening to the Health Care Forum as they talk about coverage. We have 30 million without health insurance right now. Fact is, I am one of them. I am a small business owner who currently cannot afford to get coverage. I plan to get it soon, and when I do, I will purchase a catastrophic plan and start a Health Savings Account. Here are the numbers: A plan to cover me and my two  college-age daughters with a $6000 annual family deductible with 100% coverage after deductible including doctor visits, X-rays and medical tests will cost less than $150 per month. What if the Federal Government were to offer this kind of plan to the 30 million without coverage? With an average of $3000 annual deductible per person with a refundable tax credit deposited into a Health Savings Account to cover the deductible, the whole bill to cover all 30 million would cost less than $100 Billion per year. I am not in favor of expansion of government entitlements, but compared to the costs associated with most of the proposals on the table presently, $100 Billion is lunch money.

Posted by tfichter on 10/23/09

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Maybe it's the cough, maybe it's the fever. Maybe it's the fact that I have felt horrible for the last 72 hours. Whatever the reason, I feel that the time has come for all libertarians and conservatives to raise the white flag on health care reform and embrace the fundamental change to the way we do this thing here in America. For those who know me well, you are going to want to get a paper towel to clean up that coffee you just spewed all over your screen.

Now, before you revoke my membership in Campaign For Liberty and ban me from the Ludwig von Mises Institute website, hear me out. There is reason to my decision.

First we must look at the history of health insurance here in America. Prior to 1929, there really was no employer paid health insurance. There did exist, since the time of the Civil War, sickness (disability) and accident insurance. In 1929, a group of Dallas based teachers contracted with a hospital that for a periodic premium payment, the hospital would guarantee so many days of care. This worked out great for the hospital, because they were receiving regular income, and prevented the sticky situation of treating a severely ill person who could not afford to pay. As other hospitals saw the benefits of this arrangement, they climbed on board with the practice, and soon, so did private doctors. During the Depression, there was already talk of universal health care insurance paid by the government.

Now, let's back up for a second. What caused this rise in the interest of health insurance? Prior to the early 1900's, there were several competing medical methodologies working in our health care market. These included naturopaths, homeopaths, chiropractors, osteopaths, and allopaths (our early medical doctors). Each discipline ran their own schools, and staffed their own hospitals and medical clinics. Each discipline competed with the other in the free market for treating patients. Then came the rise of the American Medical Association, which first started by standardizing the education of their own doctors, but to gain more market share, lobbied the Federal and State governments to establish standardization of education and licensing of doctors. You don't have a degree from one of the approved schools? You can't practice medicine in our state. The AMA went on a witch hunt to put all other disciplines out of business for "practicing medicine without a license". This led to the rapid decline of availability of alternative care other than allopathy. The AMA had succeeded in creating a monopoly in health care, with the help of the Federal and State governments. With this newly created monopoly, doctors and hospitals had the ability to raise the fees they charged their patients. Then the AMA lobby went to work to obtain federal money to subsidize their expensive research. Don't get me wrong, allopathic medicine is not evil. If I have a stroke, cardiac arrest or get into an auto accident, I would welcome the advancements in medicine. But now medical doctors and hospitals had their thumb on all medical care. As fees started to rise exponentially, it became harder and harder for the average Joe to pay out of pocket.

So, the need for health insurance in America was created in part by the interference of government in the health care free market. Then came World War II. Due to the shortages of just about everything during the war, President Roosevelt enacted price and wage freezes. Businesses and industries could no longer offer higher wages to attract more or better workers, so they improved the benefit package by offering better health care coverage. Unions negotiated for even better health insurance policies, and the lobby was on to make employer and employee contributions to premiums tax deductible. Legislation to that effect was passed in 1954, which firmly entrenched the employer-provided health insurance industry here in America.

After the war, lower wage workers and small businesses were left in the cold when it came to health insurance. To try to close the gap of the uninsured poor and old Congress passed the Medicare and Medicaid bill in 1965. It provided compulsory insurance on seniors for hospitalization, and basic coverage for the poor. The majority of coverage was funded through a partnership of government and private insurance. Although the Medicare and Medicaid rolls grew over the next 25 years, health insurance costs continued to rise and the gap of the uninsured continued to grow. So, even though Government had created a monopoly on coverage for seniors and the poor, more people went without health insurance.

We could talk about the attempt of President Clinton to provide universal coverage, and the passing of HIPAA, which broadened Federal and State regulation and control of health care, or the passage of the Children's Health Insurance Plan (CHIP) in 1997, but the point is this (YES, TODD, GET TO THE POINT!). Since the mid-1900's, once government has been involved in health insurance or health care, they have NEVER given any control back to the people (free market). Today's health care and health insurance industry in America is a fascist marriage of Government, Big Health Care, Big Health Insurance and let us not forget Big Pharma. I am not against big business. I am against our Government creating an unfair playing field which allows certain industries or businesses to flourish at the expense of others trying to compete in the market. It would be like the Dallas Cowboys playing against your local Pee-Wee team, with the referee calling everything in favor of the Cowboys to boot.

Since Government will not relinquish power without a true revolution, bloodless or otherwise, I see no other alternative than to let them have their way, until the whole game collapses under its own weight. Bring on universal health care..viva la France, God Save the Queen, and Oh, Canada! Let us embrace the light, pay our VAT and wait six months for a CAT Scan (but it's free!), until the day comes when our government and the other nations can no longer afford to pay. The difference this time, is that the other nations will not be able to come to us with their hand out to bail them out of their crises, like we did Great Britain after WWII. Yeah, that's right. Great Britain passed Universal Health Care in 1948, and we Americans essentially footed the bill. Now we are more broke (is that financially and grammatically correct?) than the other nations, so the collapse will be the shot heard round the world. Maybe then, men of sound reason and at least average intellect will once again govern this nation and return it to the principles of sound, free markets and limited government. Until then, I am going to embrace universal health care, and go stand in line at the free clinic for my flu shot.

Posted 10/23/09 justinb Oklahoma City, OK

"I see no other alternative than to let them have their way, until the whole game collapses under its own weight." -Reminds me of Atlas Shrugged, when they just move out of the way and let the economy collapse. Only bad thing about this, is once a law is passed (like you mentioned above), there's pretty much no way going back.