Proliferating the lawsuit industry
I have read numerous Letters to the Editor in the Gazette recently (the latest from Derek Keenan, “All This Ambulance Chasing”, Jan. 9, 2020) regarding the extremely high volume of advertisements by local personal injury attorneys, the worst during the early news hour.
I must say some of them are tastefully done while others are absolutely nauseating. They boast of having gone after drivers of big rigs, cars, trucks, motorcycles, asbestos manufacturers, nursing homes (does Gramma have a bedsore that the nursing staff is most likely liable for?), pretty much anything or anyone with a pulse. Many appear to be in a very gray area regarding professional ethics and morals, I think we all know who they are.
Keenan is absolutely correct that our insurance premiums continue to go up, up, up... in large part due to this proliferating lawsuit industry. Several years ago I was injured in a motorcycle accident that left me with significant injuries and damage to my motorcycle. But, I patiently dealt with my insurance carrier and obtained what I believe was a very fair settlement in a reasonable amount of time without having to sue anyone. If in the future I am ever in need of legal representation related to an accident, I sure won’t be contacting any of the local charlatans.
I also blame the local TV stations for continuing to saturate their daily broadcasting with these advertisements, for after all, isn’t it all about the almighty dollar? My suggestion: If you really need to catch the local news, tape them every day and watch later when you can fast forward thru the nonsense.
Guilty until proven innocent?
Are you guilty of a crime when you think of or talk about driving too fast? Maybe in your head but not in any court. How about, thinking of or talking about robbing a bank? Maybe in your head but not in any court. I hope you agree with me. However under our new Red Flag Law in Colorado, apparently you are guilty of a crime if you even think about injuring or killing someone, as in the future, not that you actually did it, as in the past.
In this case, under the new law, the government, under the authority of a judge, can take your gun away from you and do it without due process as required by the 5th Amendment. A trial is the legal requirement but how could there be a trial — no crime was committed. Oh, but the new law says the trial comes later, after the confiscation.
But now the accused must prove he is worthy of having his gun back. Why? He did nothing wrong except maybe in his mind. I hope our legal system still works under the principle of “innocent until proven guilty (of a crime committed as determined by a court of law).” I do not like “guilty until proven innocent”. Could it be that the reality of the movie “Minority Report” has arrived unbeknownst to me? Is this where we are now? It seems so but I hope not.
How to deal with bad actors
Froma Harrop’s article Jan. 8, “Anxiety grips America as we live from one crisis to another” questions if we as Americans feel safe? I feel very safe knowing President Donald Trump is President! Barack Obama was scaring a lot of us, because he would draw a line in the sand, but then never follow through.
I am also not afraid because I know God is in control. Scripture says, “Blessed is the nation whose God is the Lord.” In spite of all the liberal progressives who want to take God out of everything in our country, we still have a majority who do still follow God. Scripture states, “I will bless those who bless Israel, and curse those who curse Israel.” Our country has always stood with Israel, until Obama treated Benjamin Netanyahu so very badly. Fortunately, President Trump has restored our relationship with Israel.
Harrop also forgets something I learned as a child that is still with me. I had a girl my age when I was in elementary school, who would come behind me and shove me down on the asphalt in the playground. She also would come from across the street, pushing me off my bike, and other terrible things. She kept getting away with it, because my mother had told me not to hit, fight back, or pull hair. One day in the spring, I had enough skinned knees and elbows, and did everything my mother said not to do. Amazingly, after I did return to her what she had been doing to me, it all stopped. She learned that if she pushed me down, or anything else, I would return what she did to me.
President Ronald Reagan knew how to deal with bad actors, such as Libya. Thank God I see the same good man in President Trump. We Americans can never worry about when or how a bad country will respond for taking action when Americans have been killed.
Presidential power and Congress
Shall President Donald Trump issue a Presidential order requiring Congress to submit to him, within 48 hours of passing any action impacting the Armed Forces of the United States, a statement of said action with clear justification for such Congressional action in contravention to the powers granted to the President of the United States by the United States Constitution?
Of course not.
But that is exactly what Nancy Pelosi’s H.R. 1193 does to President Trump in his actions to carry out presidential powers authorized in the Constitution. While the statement of purpose for the “Reclamation of War Powers Act,” appearing immediately below the numerical designation of the bill, appears to reflect the Constitutional authority of Congress in funding United States Armed Forces, the bill actually contravenes Constitutional powers of the president as Commander in Chief by granting to Congress the power to limit and negate presidential authority.
Just as the president cannot “prohibit” Congress from exercising its Constitutional powers, the Congress cannot assume such authority over the president.
When the president is carrying out duties as Commander-in-Chief, Congress has no authority, and certainly should not grant itself any power to limit, constrain, or otherwise impede the President in carrying out those Constitutional duties authorized to the Commander in Chief.
Any action to assume such authority by Congress not only violates the Constitution but becomes the first step in the ladder of unbridled and destructive Legislative power described by Bastiat in The Law.
If Pelosi wants to exercise powers of the president, she should run for the office.
Charles Andrew Wood