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Supreme Court (9-0) says Ten Commandments Can Stand Alone

 

 
 
Lady Liberty needn't fear a Statue of Tyranny will soon be cozying up next to her any time soon in New York Harbor or that governments will be required to erect peace or war protest memorials next to those honoring war veterans. The Supreme Court, in a unanimous 9-0 decision, ruled this week that governments can choose which monuments they will display on public lands, including those with religious content like The Ten Commandments, without being forced to also display monuments from those with differing views. 

The case, Pleasant Grove City, Utah v. Summum, wound its way to the Supreme Court last fall after the Court of Appeals ruled in favor of the religious group Summum. The group sued two communities in Utah demanding that they accept and display monuments of their Seven Aphorisms next to donated monuments of The Ten Commandments currently in the towns’ public parks. Among the Seven Aphorisms are the beliefs that the earth is a mental creation and that everything vibrates and everything is in opposition. The Court of Appeals ruled in favor of Summum stating if communities wanted to display The Ten Commandments or similar monuments, they must be willing to accept all comers. 

Atheist groups loved this ruling, because it would have the likely effect of forcing the removal of all monuments with religious content. The atheists would be able to achieve coming in the back door, what they had failed to coming in the front. In 2005, the Supreme Court ruled, in a 5-4 decision, against atheists demanding that the state of Texas remove a Ten Commandments monument donated by a private organization from its state house grounds, which is almost identical to the ones in question in Utah. (See picture above).  The Court pointed out in that case that The Ten Commandments are a part of the nation’s religious heritage and legal tradition have been vital in shaping United States culture; therefore, the state was within its purview to include the monument on its state house grounds. 

The Supreme Court, in Summum, has now added to its 2005 Texas state house ruling providing that not only can governments display The Ten Commandments and other monuments with religious content, they can choose which displays will go on public property and which will not--as they always have. This power does not impinge on peoples’ First Amendment free speech rights: they are free to say and write about what they want, and assemble and advocate and protest in public places including city parks, they just don’t have the power to force governments to accept permanent displays. The Court noted that elected officials also have a free speech right at stake.  If citizens do not like the messages being sent by their elected officials, including in the monuments they choose to display, citizens can always vote them out of office. The Court added, if the government literally had to accept and accomodate all viewpoints as being equal, it would cease to be able to function.   

In my book, We Hold These Truths, I point out that the Founders certainly didn’t consider all beliefs to be equal and based the founding of the nation, in substantial part, on the faith that there are God-given inalienable rights that no government can justly deny. They argued in the Declaration of Independence that based on the “laws of nature and Nature’s God”, the British government had become a tyranny because it was failing to secure those inalienable rights endowed by the “Creator.” The laws of nature are those observable in nature, while the laws of Nature’s God (according to the most prominent legal treaties of the time including Blackstone’s Commentaries) are those recorded in scripture (the Bible) and include The Ten Commandments. These laws create corresponding rights. “Thou shalt not murder”: the right to life; “Thou shalt not steal”: the right to own property; “Thou shalt not bear false witness”: the right not to be falsely accused of a crime; “Honor thy father and thy mother”: the right to have a family. The Founders encapsulated these rights as “life, liberty, and the pursuit of happiness” and taken together they provide a bulwark against tyranny by one's government and against the unlawful intrusion of one’s fellow man.  They provide the framework to be all one was created to be.       

The belief in God’s overarching laws and the corresponding rights they create has been a vital part of the American political experience, and it should continue to be recognized by the government. Abraham Lincoln, Frederick Douglass and many others appealed to this bedrock of American faith to point out the injustice of slavery. Franklin Roosevelt used these laws to weigh the lying, thieving totalitarian regimes of Hitler’s Germany and Imperial Japan in the balance and find them wanting. Martin Luther King, Jr., during the Civil Rights Movement, exposed the nation’s failure to live up to God’s divine laws and called upon it to truly rise up to the nation’s founding vision. 

John Kennedy succinctly restated this nation’s founding vision shortly into his Inaugural Address saying, “For I have sworn before you and Almighty God the same solemn oath our forebears prescribed nearly a century and three-quarters ago. The world is very different now…[a]nd yet the same revolutionary belief for which our forebears fought is still at issue around the globe, the belief that the rights of man come not from the generosity of the state but from the hand of God. We dare not forget today that we are the heirs of that first revolution.” The Supreme Court’s ruling in Summum enables governments to continue to help us remember these foundational beliefs without having to give equal space and status on public lands to those who want to erect monuments saying there is no God, or truth, or rights endowed by a Creator. That’s something worthy of celebrating with thanksgiving to God!      

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Randy DeSoto is the author of the book We Hold These Truths, which addresses how leaders have appealed to the beliefs in God's Providence and inalienable rights, throughout our nation's history.    
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Obama's Wrong: Tax Cuts Not Just to Wealthy

 

President Obama used his first prime time press conference to repeat his oft made claim that the tax cuts implemented under President Bush and President Reagan (by clear implication) were directed "at the wealthiest few Americans" and added that we've tried the " [tax cut] strategy time and time again, and it's only helped lead us to the crisis we face right now." Obama is wrong on both counts: the tax cuts were across the board to all income levels and rather than helping to lead us to the present fiscal troubles, created vibrant economic growth and record revenues for the Treasury. 

First, the Bush/Reagan tax cuts were not targeted at the wealthiest Americans; they were targeted at all Americans.  Under President Bush, the top rate went from 39.6% to 35% (and currently applies to those earning a taxable income over approximately $357,700) and the lowest rate went from 15% to 10% (for those whose taxable income is around $8000 and below for single filers).  There are other brackets in between (33%, 28%, 25%, 15%) which all reflect a reduction of  ususally 5% as well.  For clarity’s sake, taxable income is the amount someone earned minus deductions. 

The fact that tax cuts went to all income brackets directly contradicts Obama’s claim that the tax cuts only went to the "wealthiest Americans"; however that is not the end of the story because American taxpayers also benefited from both larger deductions, personal exemptions and other newly created or expanded tax credits under the Bush and Reagan Presidencies, including the Earned Income Credit (aimed specifically at helping lower income Americans) and the Child Tax Credit.  Indeed, as has been widely reported, due to deductions and credits, the bottom 40% of income tax filers end up having no tax liability at all, and many actually receive payments from the government. (See the non-partisan Tax Foundation report.) 

Looking first at deductions, the standard deduction is currently $5,450 and the personal exemption is $3,500 for a total of $8,950. So in actuality someone needs to earn at least that much before any of his income begins to count as taxable: i.e. for tax purposes someone who earns $8951 has $1 in taxable income (remember taxable income=the amount earned - deductions), which will be taxed at the 10% rate.  That being true someone can earn up to approximately $17,000 ($16,950) and will be taxed at the 10% rate (again, taxable income=amount earned-deductions: $16,950-$8950=$8000 in taxable income).  Both the standard deduction and personal exemption amounts go up every year to account for inflation.  To help lower and middle income Americans, the personal exemption doubled under Ronald Reagan.  As for the "wealthiest Americans", the exemption does not apply because it begins to reduce in increments starting at $160,000 for single filers and is $0 for anyone earning over $282,000.
 
Lower income Americans and those who are raising children also receive further tax credits to assist them in paying their tax bill, which can result in the federal government actually paying them more than they owe in taxes.  The Earned Income Tax Credit helps those earning under approximately $35,000 for individuals and $70,000 for couples to pay their taxes.  The less you earn the more you get.  The amount granted is also based on the number of people, children and other dependents being supported by the income. For example, say a family of four has two children and an earned income of $40,000.  Just taking the standard deduction and four personal exemptions for dad, mom and the kids, their taxable income would be $15,100 (often people are able to itemize their deductions instead—mortgage interest payments being a major component of this option—and reduce their taxable income even more). This amount is then taxed at the 10% rate, so their taxes due would be $1,510. Their Earned Income Credit would likely be about $340, assuming no major investment income or other factors.  The government, in effect, writes them a check for that amount and takes it right off their tax bill: their new total owed - $1,170.   

But that still is not the end of the story because now the Child Tax Credit comes in to play. This credit began under Reagan at $500 credit per child and doubled under Bush to $1000.  This credit acts in the same way as the Earned Income Credit and like that credit does not benefit “the wealthiest Americans.” Taxpayers can take the full credit amount if they earn under $75,000 for individuals and $110,000 married couples filing jointly.  Above these thresholds, the amount of the credit phases out: $50 from the credit for every $1,000 (so by $95,000 per individual and $130,000 per family, you are no longer eligible for the Child Tax Credit).  For our $40,000 per year married couple with two children, the full $1000 per child applies, so they get to take $2000 more off their tax bill, which actually results in a refund of $830.  So not only did this family not owe the federal government any taxes, it actually received money from the Treasury: i.e. their entire income was tax free and $830 got added on.  Most of the wealthiest Americans, after taking their deductions, etc., end up paying at least 28% of their total income in federal income taxes.  If that isn’t tax policy that benefits lower and middle income Americans, I don’t know what is. 

Finally, Obama's other assertion that the Bush tax cuts somehow led to the housing market bubble bursting and the subsequent mortgage and wider financial crisis can be dismissed out-of-hand. President Obama has never made the link (other than saying it did with no explanation how) in his speeches because there is none to be made. The Bush tax cuts helped pull us out of the recession of '00 and '01 and led to record revenues to the federal treasury in '06 and '07 ($2.6 trillion in the latter) and added 5 million jobs to our economy.  Reagan's even more dramatic tax cuts caused the nation's economy to grow an entire 1/3 larger, nearly doubled federal revenues, created 16 million jobs and caused the unemployment rate to drop from 10.8% to 5.3%.  

President Obama is so subtle (maybe deceptive or cunning is more appropriate) in mixing issues and blaming tax cuts “directed to the wealthiest few Americans” for our present economic difficulties, but examining the facts shows the error in his words. 
 
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Randy DeSoto is the author of the book We Hold These Truths, which addresses how leaders have appealed to the beliefs found in the Declaration of Independence, throughout our nation's history.
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America, Look to California's Budget Crisis and Take Warning

 

"You and I, as individuals, can, by borrowing, live beyond our means, but for only a limited period of time. Why, then, should we think that collectively, as a nation, we're not bound by that same limitation? We must act today in order to preserve tomorrow." 

Ronald Reagan from his First Inaugural Address, 1981  

Barack Obama promised during his campaign to "spread the wealth around."  Watch out, because the combination of a newly elected Democratic President with an unfettered Democratic Congress will make this promise a reality, even if they have to borrow ever single dollar to do it.  Obama's support of the $819 stimulus bill passed by the House last week gives an indication that any sense of fiscal sanity has been thrown to the wind.  The bill, if it becomes law, would be the largest in American history.  If one wonders where all this profligate spending will lead, a look at the recent state budget history of California is all that is required.    

Ten years ago, California Governor Pete Wilson, a Ronald Reagan fiscally conservative Republican (lower taxes, reign in government spending), handed over the state to newly-elected Democratic Governor Gray Davis with a $10 billion surplus. Within the course of four years, Davis and the now liberated Democratic legislature managed to turn that surplus into a $35 billion deficit by 2003, even as most states in the country were experiencing balanced budgets or surpluses.  Just to give some perspective, the entire size of California’s budget was $160 billion at that time. During the four years Davis held office, revenues increased by 23%, so why the shortfall?  Spending went up 36%. Shamefully the state, which taken by itself is the 8th largest economy in the world, could not balance its books. 

 

The people of California responded by holding a special recall election in the fall of 2003 and throwing Davis out and putting Arnold Schwarzenegger in.  (Interestingly, when Ronald Reagan became governor of California in 1967 he had to deal with a major budget deficit left by the previous Democratic governor and legislature combination; and the same scenario played out in 1983 with the election of another Republican governor).  Schwarzenegger took immediate steps to staunch the bleeding and borrowed heavily as a stopgap measure, hoping to be able to craft a viable budget with the Democrats for the next fiscal year. He wanted to avoid raising taxes, if at all possible, given the state's business climate already ranked 46th in the nation (according to the non-partisan Tax Foundation) due to high taxes and onerous regulation.  Schwarzenegger pointed out that the state had (and has) been losing ten of thousands of manufacturing and service jobs per year over the past decade to neighboring states and overseas.  Raising taxes would only exacerbate the situation and actually shrink the tax base further in the long run. 

 

The state received a little reprieve during the next couple of years as the economy of the state, and the nation, picked up, but was still running a significant deficit.  During this time, the Democrats refused to implement the deep cuts necessary.  Now with the economic slowdown, California finds itself in real trouble again, facing perhaps a $40 billion dollar shortfall this year.  This go around the lenders are not lining up to help out either, in fact Moody even downgraded the state’s credit rating for short term loans for the first time in its history.  In another first, California just took the drastic measure of announcing that it will delay issuing refund checks to taxpayers by sending IOU's instead. As a friend quipped to me over the weekend, "I guess the state can't say much, if, due to current financial conditions, I send them an IOU for taxes I owe."  California also just implemented two day per-month furloughs for state employees and will almost certainly be making other broad cuts in government services (short of a federal government bailout) and increasing taxes yet again to try to close the budget gap: an additional 1% onto the sales tax is what’s being discussed.  This increase will mean the sales tax in the state will average around 10%: not good for the business climate.

 

The moral of this story is clear: if all this financial chaos can befall the world's 8th largest economy because of spending run amuck, is it any stretch to believe the federal government could find itself in the same place a few years from now if we take on at least $2 trillion in new debt during the next two years as the Democrats are proposing? How long will China, Japan, Arab counties and our other lenders continue to fund our debt? There are already rumblings of discontent from China. None-the-less the Democrats want to press on with hundreds of billions in unnecessary spending.  The current $819 stimulus bill will actually end up costing over $1 trillion when interest needed to pay it off is factored in.  It represents more than the cost of the entire Iraq War from 2003 to present and over $6000 dollars for every American household. Broken down as a cost per the promised 4 million jobs Obama says it will create, that’s over $250,000 per job.  The bill includes $200 billion-plus in “tax credits” (read $500/individual and $1000/per family checks from the U.S. Treasury) to most Americans including the 40% who do not pay federal income taxes, $2 billion for child care subsidies, $87 billion for health care, $2.4 billion for carbon capture projects (what’s that?), $1 billion for Amtrak and the bill goes on for 600+ pages. 

 

To give further perspective as to the total amount in play, the federal treasury in its most recent good year in FY 2007 took in a total of $2.57 trillion dollars, and spent $2.73 trillion (a deficit of $162 billion). This year’s deficit is already projected to be over $1 trillion (remember that’s ten 100 billions) and that is before any of the spending in the proposed stimulus bill is included, likely taking the total to $1.5 trillion for the year. In other words, they plan to spend what has been our entire federal budget ($2.7 trillion) and increase it over 50% more!  The American public seems to be catching on to just how mammoth and misdirected the current Democratic plan is as well.  A Gallup poll taken this week found 37% believe it needs major changes and 17% think is should be rejected outright.  In other words a majority of 54% oppose the current bill. 

Republicans in Congress point out there is no example in American history when such spending stimulus bills have worked to jumpstart the economy, including last spring when the government issued tax credits of $600/individual and $1200/family to most American taxpayers. Author Burton Folsom points out in his just released book about the New Deal (the granddaddy of government spending stimulus plans) and the Great Depression that the unemployment rate stood at 20% in 1939, which is almost precisely where it was in 1933 when President Franklin Roosevelt took office. Roosevelt's own Treasury Secretary, Henry Morgenthau, testified before a Congressional hearing in the summer of 1939, that the New Deal in terms of creating jobs had been a failure and straddled the nation with twice as much debt in just over six years.  That’s because governments don’t truly create jobs and wealth, because they do not build things people want to buy.  Governments tax businesses and people and borrow in order to "create" jobs and provide services, often important to the community, but they do not directly create wealth.      

If private enterprise creates wealth, the answer to our present crisis is to direct all efforts towards creating a more favorable business climate: tax cuts are what has been the answer in the past. They worked for John Kennedy in the 1960’s, Ronald Reagan in the 1980’s and President Bush in the early to mid-2000’s.  Further in order to grant immediate relief and put more money in the economy, the Republicans want to drop the tax rates on those earning $65,000 and under (15% tax bracket to 10% and the 10% to 5%). The amount being withheld from their weekly checks could then be adjusted immediately to reflect their lower tax burden and free up more money for them to spend. Further to turn around the housing market--the genesis of our current economic difficulties--Republicans are calling for granting a $15,000 tax credit to home buyers and government guaranteed loans of around 4% to qualified first time buyers. All this can be accomplished for 100’s of billions less than the Democratic stimulus monstrosity.   The proposed GOP Senate plan would cost around $445 billion, half as much the Democrats' bill and, based on previous experience, has a great prospect of working.         

California offers a cautionary tale as to what can happen to a wealthy government within a very short time when it spends without restraint. Most agree federal government action must be taken to improve the economy and help people in need of immediate assistance, but the current Democratic bill spends 100's of billions needlessly, while offering little that has actually worked in the past to turn around an economy.
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Randy DeSoto is the author of the book We Hold These Truths, which addresses how leaders have appealed to the beliefs found in the Declaration of Independence, throughout our nation's history.  

 

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