A Line in the Sand

During the 1990’s and the Tom Ridge era, the Republicans had full control of the House, Senate and the Governor’s mansion. This was sometimes referred to as the do nothing era. The Republicans figured if nothing got done and no special interests were offended they’d keep their job. After all isn’t keeping the job the first concern of a career politician? However, the voters caught on and the Republicans lost control of all three branches. We’ve just completed the Rendell era where the Democrats, with a propensity to raise taxes and spending, similarly lost control of all three branches, thanks to the help of the tea party movement. We’re now back to square one. Are we going to recycle another group of do nothings or might the Republican’s memories save their jobs?

It’s been six months since the freshman class have been sworn in. Will that group of newbie’s have enough chutzpah to push the old guard into attacking the problems that can and must be solved? The days of the veto pen are gone

Tea Parties, Taxpayer Organizations and Patriot groups across the Commonwealth are bound by one common thread and that is being focused on conservative limited constitutional government. Each may have its own way of conveying that message, but it’s the message the freshman class is expected to carry to Harrisburg.

This article focuses on three of those issues that, if resolved before the next election cycle, to paraphrase our president, politicians could avoid a second coat of "shellac," Only this time it just might be the RINOs joining the Democrats to bolster the 9.1% of unemployed.

The indifference of past legislature’s failure to act on festering problems is now a priority of the Berks County Patriots and are proceeding like a relentless attack dog chasing the butcher’s truck.

Right to Work. Pennsylvania has had a citizen supported Right to Work Committee since 1962. I served thirty seven of those fifty years. I’ve seen cosponsors of Right to Work bills come and go, but irrespective of which party controlled Harrisburg, there’s never been a Right to Work bill moved out of committee for a floor up or down vote.

Right to Work simply says that no one should be denied membership into a union, and conversely, no one should be compelled to join or risk losing their job. The consequence of not having a Right to Work law has corporations fleeing the state to escape the hostile employment environment. The twenty two Right to Work states are not only surviving this down economy, Texas is an example of how to thrive through it all. Based on economic surveys, the ten most prosperous states are Right to Work states, while the ten least prosperous are the non Right to Work states and, of course, Pennsylvania is among them.

Pennsylvania Constitution, Article I, Section 1 states: "All men are born equally free and independent and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation and of pursuing their own happiness." That doesn’t seem hard to understand.

The Pennsylvania Supreme Court case opinion, Erdman v. Mitchell, 207 Pa. 79, 80 and 91-92 (1903) specifically refers to Article I, sections 1 and 25, which states:
"Under the declaration of rights of the constitution of Pennsylvania, the rights of a workman to the free use of his hands is a right which neither the legislature or a trade union can take from him, and one which it is the bounded duty of the courts to protect."

The right seemed pretty clear until Taft-Hartley bill, passed in 1947, decreed that all states would be union shop unless they pass a law to opt out. Just another case for a 10th amendment challenge, but that’s an issue for another time.

The Berks County Patriots hand delivered their Right to Work resolution to all twenty five members of the PA House L&I committee, which in part states … Be it resolved that the Berks County Patriots join with tea party organizations across the Commonwealth and petition the Pennsylvania Legislature to enact PA House Bill’s 50(Right to Work), 51, 52, 53(Fair Share Dues Protection for teachers and public employees).

This resolution was accompanied with a self addressed, stamped post card requesting each member to place an X in one of three boxes declaring their support, opposition or state they are undecided on the four bills. Four cards were returned. This was followed with a personal letter from the Patriots committee chairman to Rep. Ron Miller, Chairman of the L&I Committee, which stated… I am requesting a response advising us of your intentions relative to conducting an L&I Committee vote to release the bills for a vote by the full House. There was no response.

Is this but an example of supporting the argument that we’ve simply lost control of our government?

School Property Tax. This resolution is presently being circulated to members of the Pennsylvania House and Senate and the "TEA Parties" and taxpayer organizations throughout the Commonwealth.

This resolution reads in part…., be it resolved that the Berks County Patriots join with many taxpayer groups across the Commonwealth, and urge the Legislature to repeal Act 1 and replace it with a Constitutional property tax bill that provides all of Pennsylvania’s property owners with total elimination of the existing school property tax. This replacement bill must be premised upon an expanded sales tax base and possible increased personal income tax while also providing safeguards against uncontrolled spending and any later implementation of real estate based taxation for education purposes.

For over ten years we’ve had unacceptable Acts 481, 511, 72 and finally Act 1 which was to provide home owner relief from the gambling revenues. How’s that working out for you? For the past six years Rep. Sam Rohrer championed the elimination of school property tax, most recently with HB 1275. However, both parties in the legislature have continuously and capriciously danced around the issue. The music has stopped and it’s time for action.

Property tax is a profile tax; it’s unconstitutional, immoral and regressive. For one to own a home, yet rent it from the government for the rest of their lives are egregious and immoral. If the rent is not paid, possibly as a result of medical expenses, unemployment or even death of the bread winner, school boards can and do advise the sheriff to foreclose on the property.

Pennsylvania Constitution Article 1, Section 1 states: All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

Pennsylvania Constitution, Article 8, Section 1 states: All taxes shall be uniform, upon the same class of subjects, within the territorial limits of the authority levying the tax, and shall be levied and collected under general laws.

It would seem that if elected officials did no more than adhere to the constitution, profile taxation issues would not exist and those aggressions on our economic well being would be resolved.

State Employee Pension Reform. The third leg of the three legged stool. Pensions for elected officials and public employees are a Defined Benefit plan. Which interprets to mean a retired public employee, or politician is guaranteed a fixed amount of money and if the bucket runs dry, the taxpayers will be required to add money to the largess. In other words, as the private sector defined contributions plan holders takes a bath in a down economy, they will get a double dose as they are taxed to fund the pensions of politicians, who quite possibly had a hand in spending us into a sea of debt and a sinking economy. Even short memories recall the fifty percent pension increase they awarded themselves and to placate the teacher’s union, awarded them a twenty five percent increase. We can give a pass to the teachers and public employee sector unions, since it wasn’t their vote that caused this dilemma, but let’s go to the source.

The PA Constitution Art. II, sec 8 states…The members of the General Assembly shall receive salary and mileage for regular and special sessions as shall be fixed by law, and no other compensation whatever.

Now that seems pretty clear to me. Of course, I’m not a constitutional scholar. Assuming he’s read the constitution, perhaps my representative can better explain in Kings English what that means so we laymen will understand.

Well, I’ve just summarized the problems. I’ve identified the three most pressing issues of the day. To my earlier question, did we lose control of our government and have they lost respect of us? Is it the time to take it back? The line in the sand has been drawn. If results are not forthcoming, there is a 2012 spring primary followed by fall general election. The fate of elected officials is in their hands. The future of the Commonwealth is in the hands of the voters.

Rod Miller
Berks County Patriots,
Vice Chairman