Wednesday, April 27, 2005

Why the Estate Tax is Needed

Most of us have benefitted from charity: scholarships, grants, advocacy for our rights, services from non-profits, gifts to schools we attend, etc...The point is, none of us would be were we are today without philanthropy. The reason there is so much philantropy, IS BECAUSE there is an Estate Tax. Rich people can donate to charity in lieu of paying it. Charities and non-profits stand to lose 10 billion per year without an estate tax to encourage giving.
All you need is a PhD in Human Nature. Do you think that is a rich grandparent is on their death bed, that all of the heirs will allow 45% of the estate to go to some charity??? Of course not!
This is the most economically elitist act possible. It keeps wealth where it is and the rest of us will lose many of the benefits of non-profits that we have all previously benefitted from.

Monday, April 18, 2005

Debunking the Right's attack on the Judiciary

The will of the majority is not necessarily "just". That is why there is a Judical Branch, to ensure the Rule of Constitutional Law. The ideolouges of the Right are proposing changes to laws designed to fundamentally alter the checks and balances system we learned in school.
-DeLay & Co want to use Congress' authority to deny the Courts the power to hear certain types of cases. Ten Commandments, partial birth abortions, any abortions... By using the legislature, the majority and the moneyed would be able to dictate what is just, as well as free themselves from accountability.
-International law. Many judges , including those appointed by Republicans have cited foriegn cases and international standards. Harld anyone in advocating that American judges MUST follow foreign judicial rulings. But only that American judges CAN be inspired by foreign judges, and mention their ideas in our rulings. This dogma of the Right that judges must only follow American constitutional history smacks of their ignorance.

Monday, April 04, 2005

Soundbites for fighting Bush's Judges

Bumperstickers
Modern judges for modern times

Sound bites
George Bush wants to roll back 70 years of social and economic progress. And he wants judges who will say that it is OK.
204 judges approved, 10 filibustered. The highest appointment success rate since Jimmy Carter. If 95% approval is not good enough, what is the purpose of checks and balances?

Simply put, why we must fight Bush's Judges

•There is a federal court system and 50 state court systems.
•There are Trial courts, Intermediate Appellate courts, and a Supreme Court.
•Trial judges referee trials, decide if a case can move forward, decide what evidence can be heard, and sometimes decide the case on the facts.
•Appellate judges review trial judges to make sure they were fair and within the Constitution.
•Both Trial Judges and Appellate judges have tremendous discretion in how they interpret the law and facts. Their ideology matters.
•The President appoints federal judges for LIFE. They are the President’s longest lasting domestic legacy.
•Progressives believe that constitutional principles should be interpreted for 2005, not “strictly constructed” as if we’re still living in the year 1789.
•Progressives also believe that everyone has the right to be heard in federal or state court. Why is “the little guy” stigmatized for seeking justice? If you don’t pay you bills, won’t a big corporation sue YOU?

Judicial Appointments
Many say that a President’s longest lasting domestic legacy is his judicial appointments. There has been a concerted effort to pack the federal trial and appellate courts with right wing ideologues, all of whom are appointed for life.
TRIAL COURTS- Issues of law, equity, and remedies are decided in trial courts, where judges have great discretion on interpreting facts and in view what would be prudent public policy. Rulings in cases such as injunctions for polluters, certifying class members in class action suits, and First, Fourth, and Fifth Amendment issues are often debatable. As such, rulings often depend on the ideology of the judge. One trial judge can make major public policy decisions for a state, or judicial district within a state.
APPELLATE COURTS- California is in the ninth of thirteen geographic circuits where federal cases are reviewed. There are many dynamics at play in the court system. Federal courts are generally only in major cities, and administratively are difficult to get into. Also, they are less swayed by public opinion because judges are appointed. State courts are more plentiful and tend to be more populist, and have bigger jury awards. On issues affecting a small and distinct minority, like ethnic groups or workers at a plant trying to organize, conservatives do not want them to have access to federal courts since a more impartial opinion will be given freer from social bias and local economic interests. But with economic justice for consumers, conservatives want the case in federal court since corporations would have to pay out more in state courts. As far as separation of powers, conservatives tend to vest more discretion within the executive branch, particularly with law enforcement with less oversight for judges and Congress. The Right’s normal approach to interpreting the Constitution is “strict construction”, or viewing the constitution with a 1789 mentality. Normally power is shifted to states with conservative rulings. Special interests can more easily influence state and local regulators than federal regulators. However, when a state is tougher on an industry than the federal government, like Massachussetts was on tobacco advertising, conservatives on the Supreme Court then claim federal preemptory principles when it effectuates conservative public policy.

6 Themes for Democratic Stump Speeches

Here are 6 outlines for speeches:

NATIONAL SECURITY
· Foreign Debt
· Homeland Security Spending
· Energy
· Alliances

PRIVACY
· Right to Choose
· Civil Unions
· Patriot Act Reform
· Medical Records
· Financial Records

EQUAL OPPORTUNITY
· Access to Heath Care
· Universal Pre-Natal Care- promotes “Life”
· Access to Justice-counters Tort Reform
· Debt Burden
· Education/Job Training

FISCAL RESPONSIBILITY
· Foreign Creditors like China & Saudi Arabia-goes to National Security
· Pay as you Go rules
· Debt Burden
· Tax Fairness
· Adequate Public Financing

RESOURCES
· Mother Nature’s Creations (the environment with Biblical language)
· Adequate Public Financing
· Education/Job Training (Human Resources)
· Each state’s Tax:Pork ratio (incl Homeland Security spending)

What Democrats Stand for in 30 Seconds

Please comment!
Democrats stand for: "Protecting our borders and environment; Investing in people and family life; Privacy, equal opportunity and access to justice; and Strengthening our bonds with the world."