By Dan Clements 03/16/2009
Wikipedia tells us “A contract is an exchange of promises between two or more parties to do, or refrain from doing, an act which is enforceable in a court of law. It is a binding legal agreement. [1] That is to say, a contract is an exchange of promises for the breach of which the law will provide a remedy.”
How are a contract and the law that enforces it the basis for a civilized society? Using the Wikipedia definition of a contract, we exchange promises with each other, groups, or business. When we fail to live up to those contracts there are only two remedies that we can use. One remedy is we enforce the contract through force that we employ ourselves, or we can go to court and use the force of law and it’s penalties to enforce the contract. If we enforce the contract ourselves, two things happen, 1; the outcome is not guaranteed, and 2; the society doesn’t benefit from the outcome by making the outcome common law that would apply to the society as a whole.
Contracts can come in two main forms, verbal and written. Verbal contracts can be enforced by law, but the burden of proof can sometimes come down to a he said, she said situation unless there are witness to the verbal contract. Written contacts are more binding and easier to prove what both parties promised to do. Sometimes wording in written contracts make a huge impact on the performance of the contract. That’s why written contracts should be carefully worded not to only follow the letter of the promises in the contract, but also the spirit of the promises in entering the contracts.
Let me be real clear here, if you are entering a contract with the idea that if things go wrong with my performance of the contract, I can just go and get an attorney and get out of that contract, you are not acting in good faith from the start of the contract process! Now I realize that sometimes life happens, and sometimes unforeseen things happen that neither we nor anybody could foresee or control. When the aforementioned happens, we should go to the person in who we have entered the contract with and see if the contract can be reworked or relief can be had. But it should always start with the parties that are involved, and then if a satisfactory outcome can not be reach, then and only then should the matter come before the law for adjudication.
These principles can’t be applied to the current economic crisis because people on both sides of the contract process were not acting in good faith and could foresee the outcome of their choices, but refused to live in reality!
What is happening today is too many people make promises with the intent that if things go bad; they are going to break their promise and walk away from their obligations found in the contract that they entered. People who do this are not acting as good moral agents, and when this happens, society breaks down and everything comes to a screeching halt!
Politicians enter into a contract with those they govern. Publicly traded companies have a fiduciary contract with their share holders, not only to make them money, but to be good stewards of their investments. Marriage is a contract, and a lot of folks don’t live up to their obligations in the marriage. People enter into real-estate and mortgage contracts with certain expectations. The borrower says they have sufficient means and ability to service a mortgage, and the lender has the stability to be able to lend the money to the borrower. You name the contract, and both parties are expected to live up the agreements stated in the contract.
I’m a New Testament Christian and I have a verbal contract with God, which is sealed in the blood of Jesus through baptism. God has made promises to me in his word, and has expectations of me in order to receive his promises. If I fail to live up to my end of the contract with God, I should have no expectations of God delivering on his promises to me.
James Madison said in Federalist papers #51 “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary.” Men are not angels and that is why we need contracts and the Law in order for our society to exist. If men and women could be trusted to keep their word, then verbal contracts would be all sufficient. However since we are not angels and people break their promises; we need to hold each other accountable before the law and each other!
Dan Clements is a member of the Constitution Party and the host of BACK TO BASIC a Christian/political internet talk show. You can listen to Dan live from 10am-12 noon EST. M-F at www.blogtalkradio.com/dan-clements and www.constitutionalwarrior.com
Copyright © 2009 by constitutionalwarrior.com. Permission to reprint in whole or in part is granted, provided full credit is given
Monday, March 16, 2009
Arlen Specter a “Profile in courage” are you kidding me?
By Dan Clements 03/15/2009
I found this little blurb on a website called 'propeller'.
“Three cheers for Senator Arlen Specter Posted By Spadecaller
We may need to add a chapter to President John F. Kennedy's book, Profiles in Courage. This new chapter would be to honor Pennsylvania Senator Arlen Specter.
Every once in a while, a member of the U.S. Congress distinguishes himself or herself by doing the right thing, regardless of whether or not it will help secure a primary election or general election win, regardless of whether or not it would be the best thing for the political party he or she belongs to.
Newt Gingrich and Karl Rove must be delighted. In the words of Chris Matthews, "Senator, you're the last of the Mahicans!" Matthews was commenting on the dearth of progressive Republicans these days. But look at all the health problems, which Specter has conquered. He will probably get to win out over the right-wing venom as well. And he has certainly earned a chapter in Profiles in Courage.”
Arlen Specter a profile in courage? Are you kidding me? I love how liberals and the lamestream media twist facts and situations around to make them mean something totally different. They try to use these things to advance their agenda and to defeat their enemies.
Arlen specter was not courageous when he and two other RINOs voted for the porkulus package. What is there about the perceived going against the will of the people that is courageous? Liberals in 1913 passed the 17th amendment that took control of the Senators from the state legislators, and put it into the hands of the governed. Liberals and RINOs can't have it both ways. Either those we give consent to govern us listen to us and follow our lead, or they go back to being beholden to the state legislatures, there by restoring the original checks and balances placed on the federal government by the founding fathers as explained in federalist papers 51 by James Madison.
If Arlen Specter would have been following the U.S. Constitution, when he voted for the porkulus package, that would have been at least correct and constitutional. The fact that all other republicans voted against the porkulus package save three, wouldn't have made Senator Specter courageous, just a good republican, if he would have voted against it. To go against the republicans on this bill doesn't make Senator Specter courageous either, just unconstitutional in his thinking.
And once again the liberal mind set shows it's true colors and contempt for the U.S. Constitution, and all things moral and lawful! Liberals clap and cheer when the law is broken, and find those who point out the law breaking, or follow the law contemptible. Folks let me be clear, republicans are just as much responsible for the economic mess we are in as are the democrats. The republican party is no more the home of conservatism, than the democrat party is. As far as I'm concerned they lost the right to claim conservatism after what they did the last time they controlled congress and the White house.
Arlen Specter needs to be soundly defeated in 2010! We need men and women who revere the U.S. Constitution and are of a higher moral fiber than the current crop of politicians we have now. We need to reinstall the balance of power between We the People, State, and Federal government! We can only do this by going back to what made this country great, our faith in God, our founding documents, and our individual freedoms!
Courage is doing what we know to be right, not what others tell us is right. For this reason alone Arlen Specter is not courageous!
Dan Clements is a member of the Constitution Party and the host of BACK TO BASIC a Christian/political Internet talk show. You can listen to Dan live from 10am-12 noon EST. M-F at www.blogtalkradio.com/dan-clements and www.constitutionalwarrior.com
Copyright © 2009 by constitutionalwarrior.com Permission to reprint in whole or in part is granted, provided full credit is given.
I found this little blurb on a website called 'propeller'.
“Three cheers for Senator Arlen Specter Posted By Spadecaller
We may need to add a chapter to President John F. Kennedy's book, Profiles in Courage. This new chapter would be to honor Pennsylvania Senator Arlen Specter.
Every once in a while, a member of the U.S. Congress distinguishes himself or herself by doing the right thing, regardless of whether or not it will help secure a primary election or general election win, regardless of whether or not it would be the best thing for the political party he or she belongs to.
Newt Gingrich and Karl Rove must be delighted. In the words of Chris Matthews, "Senator, you're the last of the Mahicans!" Matthews was commenting on the dearth of progressive Republicans these days. But look at all the health problems, which Specter has conquered. He will probably get to win out over the right-wing venom as well. And he has certainly earned a chapter in Profiles in Courage.”
Arlen Specter a profile in courage? Are you kidding me? I love how liberals and the lamestream media twist facts and situations around to make them mean something totally different. They try to use these things to advance their agenda and to defeat their enemies.
Arlen specter was not courageous when he and two other RINOs voted for the porkulus package. What is there about the perceived going against the will of the people that is courageous? Liberals in 1913 passed the 17th amendment that took control of the Senators from the state legislators, and put it into the hands of the governed. Liberals and RINOs can't have it both ways. Either those we give consent to govern us listen to us and follow our lead, or they go back to being beholden to the state legislatures, there by restoring the original checks and balances placed on the federal government by the founding fathers as explained in federalist papers 51 by James Madison.
If Arlen Specter would have been following the U.S. Constitution, when he voted for the porkulus package, that would have been at least correct and constitutional. The fact that all other republicans voted against the porkulus package save three, wouldn't have made Senator Specter courageous, just a good republican, if he would have voted against it. To go against the republicans on this bill doesn't make Senator Specter courageous either, just unconstitutional in his thinking.
And once again the liberal mind set shows it's true colors and contempt for the U.S. Constitution, and all things moral and lawful! Liberals clap and cheer when the law is broken, and find those who point out the law breaking, or follow the law contemptible. Folks let me be clear, republicans are just as much responsible for the economic mess we are in as are the democrats. The republican party is no more the home of conservatism, than the democrat party is. As far as I'm concerned they lost the right to claim conservatism after what they did the last time they controlled congress and the White house.
Arlen Specter needs to be soundly defeated in 2010! We need men and women who revere the U.S. Constitution and are of a higher moral fiber than the current crop of politicians we have now. We need to reinstall the balance of power between We the People, State, and Federal government! We can only do this by going back to what made this country great, our faith in God, our founding documents, and our individual freedoms!
Courage is doing what we know to be right, not what others tell us is right. For this reason alone Arlen Specter is not courageous!
Dan Clements is a member of the Constitution Party and the host of BACK TO BASIC a Christian/political Internet talk show. You can listen to Dan live from 10am-12 noon EST. M-F at www.blogtalkradio.com/dan-clements and www.constitutionalwarrior.com
Copyright © 2009 by constitutionalwarrior.com Permission to reprint in whole or in part is granted, provided full credit is given.
Union rules or free market rules?
By Dan Clements 03/14/2009
There has been a huge debate going on recently centering around the secret ballot that employees enjoy now when asked whether or not to organize a union where they work. Its called card check or the Employee Fair Choice Act. EFCA will allow union organizers to call for an open vote, where they and anyone else who wants to know who voted which way can! If EFCA passes congress this will open the door for abuse by the unions and businesses to be able to intimidate workers to vote the way they want them to vote. EFCA should never see the light of day. Why open the door for possible abuse by all parties concerned? Why are unions pushing so hard for this legislation? Because with the union ranks hovering around 14% of the US workforce, and American workers being better informed about how free market economics and competition can make their lives better than any union could ever hope too, American workers are rejecting union ideology for freedom!
Unions would have workers believe if they went away today, that the workforce would spiral into chaos, and then there wouldn't be anyone to protect the worker. Unions make the argument that if they were not here that wages would go down and we would be working for little to nothing per hour. Unions would have you believe that work place safety would suffer without them. Unions would have you believe that all aspects of the workers life would suffer without them. Unions use coercion to get what they want. What about this is freedom?
Let us also not forget the added cost to businesses and goods that unions artificially add to the price of everything they produce. This happens through artificially higher wages, benefits, and unreasonable staffing requirements. Union wages, benefits and staffing requirements are not set by market forces, they are negotiated and forced on the markets.
I don't buy into the arguments about unions being responsible for 40 hour work weeks, safety, and other so called workplace advancements. Unions have never been 100% of the workforce, so what made all non-union businesses treat their workers well? In a nutshell it's competition! It stands to reason in a free market system, in order to keep good employees, you have to be fair with them. You have to treat them the way you would want to be treated. If you don't treat people well in the work force, there is always someone out there that is willing to treat workers better than you do. At some point the market reaches a balance point when it comes to workers and how you treat them.
There are always employers out there who are willing to go the extra mile to keep their employees happy, and when that happens it forces other employers to do the same or suffer the consequences of their actions! Competition affects all aspects of businesses and work life. It improves safety, benefits, salaries, moral, prices, and cost. Markets should always be the instrument to set all aspects of a workers work and a businesses function.
When ever an outside entity tries to control work or business through arbitrary and artificial means, and does not have anything at risk in what they are trying to control, they end up destroying it instead of making it better. Unions and government fall into this category. People are better able to gage and decide what is best for them, as well as entrepreneurs, because they are the only ones that know themselves and limitations better than any union or government can!
So when it comes to choices and voting, lets keep it secret! And remember when it comes to choices, let freedom be our guiding rule!
Dan Clements is a member of the Constitution Party and the host of BACK TO BASIC a Christian/political internet talk show. You can listen to Dan live from 10am-12 noon EST. M-F at www.blogtalkradio.com/dan-clements and www.constitutionalwarrior.com
There has been a huge debate going on recently centering around the secret ballot that employees enjoy now when asked whether or not to organize a union where they work. Its called card check or the Employee Fair Choice Act. EFCA will allow union organizers to call for an open vote, where they and anyone else who wants to know who voted which way can! If EFCA passes congress this will open the door for abuse by the unions and businesses to be able to intimidate workers to vote the way they want them to vote. EFCA should never see the light of day. Why open the door for possible abuse by all parties concerned? Why are unions pushing so hard for this legislation? Because with the union ranks hovering around 14% of the US workforce, and American workers being better informed about how free market economics and competition can make their lives better than any union could ever hope too, American workers are rejecting union ideology for freedom!
Unions would have workers believe if they went away today, that the workforce would spiral into chaos, and then there wouldn't be anyone to protect the worker. Unions make the argument that if they were not here that wages would go down and we would be working for little to nothing per hour. Unions would have you believe that work place safety would suffer without them. Unions would have you believe that all aspects of the workers life would suffer without them. Unions use coercion to get what they want. What about this is freedom?
Let us also not forget the added cost to businesses and goods that unions artificially add to the price of everything they produce. This happens through artificially higher wages, benefits, and unreasonable staffing requirements. Union wages, benefits and staffing requirements are not set by market forces, they are negotiated and forced on the markets.
I don't buy into the arguments about unions being responsible for 40 hour work weeks, safety, and other so called workplace advancements. Unions have never been 100% of the workforce, so what made all non-union businesses treat their workers well? In a nutshell it's competition! It stands to reason in a free market system, in order to keep good employees, you have to be fair with them. You have to treat them the way you would want to be treated. If you don't treat people well in the work force, there is always someone out there that is willing to treat workers better than you do. At some point the market reaches a balance point when it comes to workers and how you treat them.
There are always employers out there who are willing to go the extra mile to keep their employees happy, and when that happens it forces other employers to do the same or suffer the consequences of their actions! Competition affects all aspects of businesses and work life. It improves safety, benefits, salaries, moral, prices, and cost. Markets should always be the instrument to set all aspects of a workers work and a businesses function.
When ever an outside entity tries to control work or business through arbitrary and artificial means, and does not have anything at risk in what they are trying to control, they end up destroying it instead of making it better. Unions and government fall into this category. People are better able to gage and decide what is best for them, as well as entrepreneurs, because they are the only ones that know themselves and limitations better than any union or government can!
So when it comes to choices and voting, lets keep it secret! And remember when it comes to choices, let freedom be our guiding rule!
Dan Clements is a member of the Constitution Party and the host of BACK TO BASIC a Christian/political internet talk show. You can listen to Dan live from 10am-12 noon EST. M-F at www.blogtalkradio.com/dan-clements and www.constitutionalwarrior.com
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