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Judge H. Lee Sarokin

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I Want My America Back -- not the Tea Party's America

Posted: 08/07/11 06:49 PM ET

When I was a kid and we were deciding what games to play and how to play them, our slogan was "the majority rules." That constant and lofty principle ranked right up there with "loser walks" after a touchdown in sandlot football. The bullies and the brats who stamped their feet to get their way did not make the rules. We carried the concept of majority rule into our adult lives and assumed it applied to government as well, but apparently that is no longer the case. Some of our elected representatives would bring down this country in pursuit of their own jihad. The majority no longer rules, and we are all losers as a result. When have we ever had a statute enacted when so many legislators voted their approval and simultaneously voiced their disapproval? The country is in a state of despair -- and for good reason. The stock market has obviously given the debt-ceiling "compromise" and the debate leading up to it a flunking grade as has Standard & Poor's.

Wiser voices have spoken about the consequences of the legislation saving the country from its credit default. I am interested and concerned with the process. The undisputed fact is that a minority of the country has taken over its control. Although the cabal may not share blood oaths or secret handshakes, they have their intractable pledges and fanaticism that makes them willing to destroy this country's and possibly the world's economy to achieve their ends. By holding up a vote on what had been a traditional rubber stamp for decades by both political parties to raise the debt limit, they sought to extort compliance with their own demands irrespective of the destruction that might ensue if their demands were not met. This conduct strikes at the very foundations of our democracy and the future of our country.

The same is true of the use, or rather the abuse, of the filibuster rule and need for a super-majority. The filibuster rule was enacted and reserved for those rare occasions when the minority was so incensed or outraged by legislation or appointments proposed by the majority or the president that it used this rule to defeat them. For years, an actual filibuster was required. Now, no one need stand in the well of the Senate and actually filibuster, the mere threat is sufficient, and the rule is used in a trivial manner to defeat or delay virtually all important legislation or appointments proposed by the majority. (I have previously expressed my ambivalence over the survival of 60 vote rule.)

Who can quarrel with noble and popular goals of less government taxes and spending, the reduction of the deficit and the elimination of waste? They are the "Mom and apple pie" of politics. But there is certain hypocrisy in suggesting that this pact not to raise taxes, end or reduce subsidies, loopholes or deductions for the very wealthy is the result of some "grassroots" movement by the public at large. In resisting efforts to raise taxes on the rich and eliminate their deductions, subsidies and loopholes, the argument is made by conservatives that the rich already pay most of the country's taxes. They argue that a large portion of the nation pays little or no taxes. Therefore, by their own admission, this intractable resistance to raising revenues from the wealthy is not some uprising of the people, but rather for the benefit of those that have rather than those who have not.

Apart from the early, classic Tea Party slogan, "Keep the Government out of Our Medicare," the cry was, "I Want My America Back". Well, I want MY America back too. Yes, the deficit must be reduced, waste eliminated, spending curtailed, and entitlements reviewed and probably reduced, but we need a government that operates by compromise not coercion. I want an America that builds bridges and hires workers to build them. I want an America that educates its children, feeds its poor, helps the unemployed, cares for its veterans, provides for the elderly and treats the sick who cannot afford it. I want an America that protects its environment, its food supply, its consumers and its borrowers. I want an America that is more concerned about the civil rights of its citizens rather the mythical invasion of Sharia law. What I don't want is to deny any or all of the foregoing in order to protect the wealth of the wealthiest among us. I want an America that cares as much about its people as it does about its corporations. I want an America that reflects the will of the majority in the decisions it makes and not some small, fringe group that threatens the country and its people in order to achieve its goals. I want an America that is not governed by bullies and brats who insist on making the rules. I want an America in which the rules that governed my childhood playground govern the country as well.

 
When I was a kid and we were deciding what games to play and how to play them, our slogan was "the majority rules." That constant and lofty principle ranked right up there with "loser walks" after a t...
When I was a kid and we were deciding what games to play and how to play them, our slogan was "the majority rules." That constant and lofty principle ranked right up there with "loser walks" after a t...
 
 
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HUFFPOST SUPER USER
JohnBryansFontaine
Liberal Democrat
02:41 PM on 08/13/2011
Who’s Really Responsible For U.S. Debt Downgrade
by Brian Beutler

http://tpmdc.talkingpointsmemo.com/2011/08/whos-really-responsible-for-us-debt-downgrade.php?ref=fpa
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:14 PM on 08/13/2011
John - Thank you for sharing this. Bachmann still insists that the debt limit should not have been raised and is touting that position in Iowa.
12:46 AM on 08/13/2011
Hey Judge, does your America include integrity for all -responsible government, responsible courts, and responsible citizenship? Just curious. Everyone seems to have there own definition of fairness especially if there's a hidden agenda that in some way benefits them at the expense of others.
04:20 AM on 08/13/2011
Responsible for what? You've got a lot of buzzwords and no specifics. Have you considered a career in politics?
11:40 AM on 08/13/2011
I realize it is difficult to understand the intention with fewer words. There are a number of factors involved with the cognition of understanding. What I'm saying is it is irresponsible behavior on all levels of society that has gotten us into the mess we are in. That is, most people will not do the integrated thing, move, action, etc. (Whatever you want to call it.) In this regard we are all to a lesser or greater extent delusional, and often this is fueled by greed. Sometimes this is fueled by apathy. For example a lawyer that instructs their client to take the non-integrated action because they know they can get away with it. Not because it is the correct and proper action. Or, the CEO or executive that takes the proverbial million dollar bonus even though his company lost money. How responsible and integrated is a million or multi-million dollar bonus anyway? Or, the greed that existed with the massive mortgage scandal fallout - people getting loans for homes that they couldn't afford. The loans officers and bank executives knew these people didn't qualify yet gave them a loan anyway. Then these people took the home equity out of the house and spent the money too. It goes on and on. Politics might not be a bad idea -may be able to contribute to straightening out this mess and have a better society to live in.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
05:16 PM on 08/13/2011
Zane - Integrity would certainly be on my wish list. I didn't include because I didn't think anyone disputed it.
07:32 PM on 08/13/2011
Judge, I don't believe anyone disputes it either. It's more that people don't practice it -hard, but possible!
08:52 AM on 08/12/2011
Not so sure we do have to take to the street. All that does is incite the Beck-types. Better we should go directly to the polls, and bypass the media that hypes and distortes anything with a head-count of more than 10.
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jabailo
(Participant) Texeme.Construct()
05:24 AM on 08/12/2011
Buddy,

I don't know what you've been doing since 1996, but it sure ain't reading the newspapers.

The Tea Party is the majority...the Real Majority of how most Americans feel.

The Democrats (which I'll assume you are one) are the propped up phoney party.

If it wasn't for the incessant tirades of big city news website, orating the dictums of the LIberalburo night and day, no one would have any idea that there was any mindset other than that of the Tea Party which holds the values of the average person.

Far from being a "tiny minority" we are a repressed majority...held back by the tyranny of elites such as yourself.
09:56 AM on 08/12/2011
"Far from being a "tiny minority" we are a repressed majority.."

You can dream.... but keep dreaming. We democrats are still here... we want deficit reduction too and we want the national debt paid down however the defense budget needs to be cut just as much as any social program.

The Tea Party are nothing but extremists stirred up by nuts in the right-wing media. Since they are fully responsible for the recent credit rating downgrade expect that they are going to become super fringe soon.
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NoWayMan
10:18 PM on 08/12/2011
more tbagger math.

so, you guys obviously don't know what "majority" means.
not surprising.
01:25 AM on 08/12/2011
I want the constitution not a bunch of politicians who spend years and trillions arguing with each other and invading countries which aren't really a threat.

The tea party is alright in my book.
Ron Paul is beyond awesome and the best presidential candidate this country has seen in 50 years.
04:34 AM on 08/13/2011
What's really cool is that he's got a boy just as awesome as he is. The one thing that they don't have down, that Bush did, was the substance abuse. That just made George so cool, you could tell he just didn't give a small rodent's tookus about anything.
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ProgressiveVoice
06:27 AM on 08/13/2011
I guess when you share a dictator's values, dictators aren't so bad.

"That just made George so cool, you could tell he just didn't give a small rodent's tookus about anything"

Right, he didn't give a rat's a** about the Constitution, the law, the majority opinion - and you think that's cool? I think it made him a potential dictator!

Thank you for confirming my belief that the GOP and TParty are as anti-American, anti-Constitution, anti-Democracy as it's possible to be while wrapped in the American flag.
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LeftRight
TANSTAAFL
02:25 PM on 08/13/2011
Ron Paul would destroy this country faster than any candidate out there except PERHAPS Michelle Bachmann!
11:26 AM on 08/14/2011
It depends on the way you define "this country". Let's say they have different visions for it, eh? Which would certainly upend a lot of assumptions and institutions. And of course we all tend to value different things, that are often styles more than results.

But I'm encouraged by the fact that it looks like they will get the chance to have their say, and I suspect that will result in a thorough rejection of their angle/s, and perhaps put an end to the noise & distraction of those who can't find or won't RTFM - for a while.

I only regret that we couldn't have an empirical demonstration of their programs - without having to give them a small hapless county somewhere.
iridium53
Semper Fi
11:35 PM on 08/11/2011
Your Honor,

I deeply respect your willingness to engage in the marketplace of ideas in this medium.

Particularly, that you are able to take the time to defend and further clarify your ideas.

Thank you.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
01:19 AM on 08/12/2011
iridium53 - Thank you. I enjoy it so long as the comments remain, at least, close to the topic.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
06:25 PM on 08/11/2011
I have made it a practice to try to answer most comments I receive to my posts. Most of the comments are intelligent and polite, and I try to respond in kind. What I find fascinating is that most of the criticism is directed at things that I did not say, and I end up defending myself against statements not contained in my article. I did not criticize efforts to curtail spending and reduce the deficit. Indeed, I agree with them as I think every right-thinking American does. What I did criticize were the tactics used by the Tea Party and their willingness to bring down the country's economy and financial reputation in order to achieve their goals. I criticized the undue influence the Tea Party wields in the Republican Party and the fact that a small minority holds such power. Finally, I set forth my own view of America (and government's role) for its people. I resent and reject the notion espoused by many that those being helped by the government are just a bunch of "freeloaders". The millions laid off after decades of work, the veterans returning from war, the elderly, the poor, the hungry are not "freeloaders".Even iIf there are some out there who are--- doctors do not stop treating patients because some are hypochondriacs. We cannot abandon those in need just because a few abuse the system.
06:59 PM on 08/11/2011
Many of the commentors here don't seem to read posts in great detail. They just seem to skim it or just read the headline to find out what you are for or against and use it as a platform to spout off their own views, rather than thoughtfully addressing your post. It must be hard for a judge, who is used to thorough attention to details and thoughtful analysis to have to read these kinds of responses, but it could be worse, try reading some of the comments on Yahoo.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
08:48 PM on 08/11/2011
SanDiegoCoyote - Yes, thank you---I know it can be worse ---- I have seen a lot of those one word or one sentence responses. Generally I enjoy the comments and learn from them (with some minor exceptions).
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11:55 AM on 08/12/2011
Respectfully, I totally disagree. Americans,no matter their affiliation, want this deficit addressed NOW no matter the ramifications; AND solved within the shortest time frame feasible. The Tea Party did not bring down the country/global economy. Why don't you start w/ your buddy Bill Clinton, and his pals Robert Rubin, Sandy Weil, repealing Glass-Steagall (Gramm-Leech-Bliley) and connect the dots. Then his furtive Futures Commodities Mod Act 2000 he hastily signed before exiting office. Factor in Fanny/Freddie and the role their CEO's played. Then AIG & the three major rating agencies complicit w/ falsifying ratings. Deregulation brought down the economy; shorting the market, highly complex mathematical probabilities w/ zero gov't oversight (or Harvard economic grads going to DC to change policy in favour of banks then resigning to go work for millions), falsifying ratings, targeting the "under-serviced," predatory loans, lying traders, robo signers, etc. Key executives and their Legal Zombies lied under oath in courtrooms across USA and produced false documents in a myriad of UD cases. Come on! You prefer to blame the Teaparty? You gotta be kidding us.
S&P is just one rating agency, and they are worthy of investigation for their role in this debacle from 1998 to 2008 in this overall debacle.
03:46 PM on 08/12/2011
Americans do NOT care about the debt, that is a made-up crisis invented by the tea party once they did not have the headlines about health care.

Americans care about JOBS.

And the government could and should be putting people to work rebuilding our crumbling infrastructure, but the Tea party does not WANT them working. They want them suffering so they will blame Obama and elect one of them. Boehner has stated that this was the FIRST priority of the republicans - and they are following through.

There was no Tea party revolt when Bush ruined the economy with wars he did not pay for, a tax cut for his wealthy cronies and a medicare drug benefit he did not fund either.

The majority do NOT want the Tea Party holding them hostage.
05:20 PM on 08/11/2011
I want my America back also - the way it was in the 1950's before liberals ruined it. Why don't we just consider splitting into two peaceful neighboring countries?
The Liberal States of America can tax and spend and demonize their enemies.
The Conservative States of America can pursue intelligent economic growth, and individual responsibility.
06:27 PM on 08/11/2011
Jim Crow laws, fear of communists under every rock. Do you also realize that the marginal tax rates were much higher than they are now? Yeah, sure, liberals ruined the country.
02:09 PM on 08/18/2011
But effective tax rates were almost the same, sometimes lower, even when marginal rates were higher. This was because of all the avoidance options like tax shelters and deducting non-investment interest and passive losses.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
09:01 PM on 08/11/2011
Abe- O.K. So long as we get the bridges, the roads, the police and fire departments, the teachers, the schools, the armies, social security, medicare, the FBI, unemployment insurance, and anything else government provides or protects---like our food supply, child labor, discrimination, working conditions, etc. You get to keep everything you earn without help from anyone with your intelligent economic growth and individual responsibility and without worrying about those annoying sick, poor, unemployed, elderly people or children who can't provide for themselves.
11:03 PM on 08/11/2011
Lee: I thank you for your kind reply. I imagine your LSA will spend more on the poor, and get more of them. We in the CSA (Bad initials, I know) will take care of the poor and the sick, elderly, etc - but not in the style currently fashionable. We will create programs that provide the minimum acceptable sustenance but show them life would be better were they to earn for themselves. As for prisons, think "Cool Hand Luke". Cheap and effective.
Sorry to tell you this, but pensions would be a little less generous for former government workers. Government service is an honor and getting rich or gaining power from it is something we in the CSA would dissuade. I love teachers as much as the next guy, since my grandmother was one. It is a privilege to be a teacher, that should suffice rather than high pay.
The irony of liberal disdain for conservatives is that they need us to stay in their country to help pay the bills - we would do fine without them. So please release us from our bondage to you and allow the peaceful separation to occur.
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12:28 PM on 08/12/2011
Again, conflating the two: eldery, sick, or veterans are not the same as welfare scammers. Americans would calm down if Medicare/Welfare and other social programs were aggressively investigated and the perpetrators were weeded out --but investigating them tramples on their rights. Lying and corruption have become endemic.
Children do not ask to be born, but is it society's obligation to pay for those who maintain a mentality of "get pregnant because the system will pay for everything" from free OB/GYN, delivery, pediatric, Head Start + lunches, medical? Responsible procreation? What do you say to the hard working Americans who are exhausted, pay handsomely, and get nothing for free; nor expect it?
05:05 PM on 08/11/2011
A couple of things. I thought the genius of the way Congress worked was that it prevented the "tyranny of the majority". Seems to be working. Second, it was the "rubber stamp" approval of debt limit increases that put every man, woman, and child deeply in debt. If that is your idea of how it should be, you can have it. The people you are criticizing are exactly the ones demanding a change in this downward spiral of debt.
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Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
09:05 PM on 08/11/2011
DwightJ - I am sorry ----approval of the debt limit does not increase the country's debt. It authorizes borrowing to meet the obligations already incurred. Denying an increase does not reduce the debt, it merely causes a default in our obligation to repay.
08:59 AM on 08/15/2011
Judge, you're not telling the whole story. Since our monthly revenue vastly exceeds the cost of debt service, this nation could go without a default indefinitely without raising our debt ceiling. It would take painful budget cuts to lots of federal programs, but living without a debt ceiling increase is possible without defaulting.
05:03 PM on 08/11/2011
I am not totally sure but I think corporatism is a form of fascism. Isn't it? And we know where that gets us.
04:59 PM on 08/11/2011
He says "I want" ten times in his article. With that mentality, it's no wonder we can't live within our means.
08:00 PM on 08/13/2011
Yes, but he also says "and" TWENTY (20) times.

What clearer sign of socialism do you need! Socialism is about nothing but some people AND some others!
04:43 PM on 08/11/2011
The majority ruled Athens at the time of Socrates. Look what happened to them.
04:39 PM on 08/11/2011
No, you cant have it back. You can whine all you want, the world outside of America, has changed dramatically.

We now have to compete with other countries and not just boss them around.

Grow up and stop hoping the Government is going to Save your Soul.
The Federal Government is a thing, not a divine being, once you get over that mental obstacle, you might enjoy a less stressful life.

If the Federal Government collapsed tomorrow, I know it would be a challenge, but I would survive, and you can too.

The world is not that scary.
08:17 AM on 08/12/2011
There have always been political no votes. It's gamesmanship pure and simple. And everyone understood that and let it go.
08:52 AM on 08/15/2011
@drklassen, I suppose you have the same view of the debt ceiling no-votes in 2011 as well?
12:20 PM on 09/04/2011
I am amazed at your level of intellect and sensitivity. Maybe some of us (and I believe a majority of us) would survive but at what means? Begging on the streets, rummanging through garbage cans, etc. What kind of survival is that? You see some of us worked hard all our lives, paid into Social Security and some of us were not privileged to have access to or could not afford to pay into any type of pension. As a result our only means of support is the income realized by faithfully paying into it not asking for a handout. I am sorry but I am entitled to what I paid for. I (and I believe a majority of us) would NEVER expect the government to save my soul nor do I believe that it is in any way divine. I reserve that place for the almighty.
03:08 PM on 08/11/2011
Judge,

How do you explain the fact that then-Senator Obama voted against an increase of the debt ceiling in 2006? The Tea Party didn't even exist!
02:37 PM on 08/11/2011
Oh Boo Hoo!

Us TeaPartiers have far better understanding of government's role than any liberal that thinks the government's role is to make life easier for it's constituents at the cost of their freedoms and productivity.
03:14 PM on 08/11/2011
Yeah, that is why the Tea Party movement is made up of so many political scientists... Oh, wait, scientists deal with facts; and it is obvious that TeaPartiers can't deal with facts... And I have never seen such a drain on government productivity until the Tea Party came along.
03:26 PM on 08/11/2011
No, I don't believe you have a better understanding. By law (Employment Act 1946 and 1978) the govt is in the business of providing for "an environment of full employment" not - cutting all possible jobs. Then there's that part of the Constitution you seem to ignore - "The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions....shall not be questioned". Then there's govt by the people for the people (not by corporations for corporations). etc. etc. While there is plenty of mention of freedom of the people the govt is intended to proctect, there is no mention of your quantatative, productivity in our by- laws.