It is a great profession. There is the fascination of watching a figment of the imagination emerges through the aid of science to plan on paper. Then it moves to realization in stone or metal or energy. Then it brings jobs and homes to men. Then it elevates the standards of living and adds to the comfort of life. That is the engineer’s high privilege.
The great liability of the engineer compared to men of other professions is that his works are out in the open where all can see them. His acts, step by step, are in hard substance. He cannot like the architect cover his failures with trees and vines. He cannot like the politician screen his shortcomings by blaming his opponents and hope the people will forget. The engineer simply cannot deny he did it. If his works do not work he is dammed.
On the other hand, unlike the doctor his is not a life among the weak. Unlike the soldier, destruction is not his purpose. Unlike the lawyer, quarrels are not his daily bread. To the engineer falls the job of clothing the bare bones of science with life, comfort and hope. No doubt as years go by the people forget which engineer did it, even if they ever knew. Or some politician put his name on it. Or they credit it to some promoter who used other people’s money....
But the engineer himself looks back at the unending stream of goodness which flows from his success with satisfaction that few professions may know. And the verdict of his fellow professionals is all the accolade he wants
May 26, 2011
Anti-Trust
Vindicating Standard Oil - 100 Years Later
Sherman Anti-Trust Act
My Opinion
Sherman Anti-Trust Act
- According the the article, as Standard Oil's market share increased, the price per gallon of kerosene decreased.
- Lower costs were the reason Rockefeller's market share expanded so rapidly.
- Rockefeller adopted efficient business practices such as vertical integration and economies of scale.
- Received discounted rail fares because he could offer a reliable, efficiently packaged and deliverable product for the railroads. (Provided the R&R company with an intrinsic value).
- When he attempted to bring stifle output in order to raise prices, the refineries were competed and put out of business.
- I would like to see how the price of kerosene reacted after the break-up occurred.
- Before the break-up, Standard Oil's market share began to erode as his competitors embraced his efficient business model.
- Rockefeller's innovations forced the industry as a whole to become more efficient and modern.
- The purpose of the Sherman Anti-Trust Act was to oppose the combination of entities that could potentially harm competition, such as monopolies or cartels.
- The purpose explained by the U.S. Supreme Court:
- ...not to protect businesses from the working of the market; it is to protect the public from the failure of the market.
- the law directs itself against conduct which unfairly tends to destroy competition itself.
- The focus of U.S. competition law is on the protection of competition rather than the protection of competitors.
- The Clayton Antitrust Act, passed in 1914, proscribed activities to be "harmful" to the public:
- Price discrimination between different purchasers, if such discrimination tends to create a monopoly.
- exclusive dealing agreements
- mergers and acquisitions that substantially reduce market competition.
- Created certain exceptions for labor union activities.
- Constitutional authority is derived from the authority to regulate interstate commerce.
- Elements of violation (Section 1):
- An Agreement
- Which unreasonable restrains competition
- Which affects interstate commerce
- Elements of violation (Section 2):
- Possession of monopoly power in the relevant market
- the willful acquisition or maintenance of that power as distinguishing from growth or development as a consequence of a superior product, business acumen, or historic accident.
- The courts have drawn a distinction between coercive and innocent monopolies. The act is not meant to punish businesses that come to dominate their market passively or on their own merit, only those that intentionally dominate the market through misconduct, which generally consists of conspiratorial conduct.
My Opinion
- Efficiency and innovation lead to lower costs.
- Lower costs will lead to lower prices in a competitive marketplace.
- Lower prices benefit consumers and producers:
- Greater profit is a result of greater market share and higher volume of sales.
- Consumers receive the same product for a lower cost.
- The cornerstone of this idea is preservation of a competitive marketplace.
- Without competition, efficiency and innovation are not rewarded.
- Lower costs will not lead to lower prices.
- Producers benefit at the expense of consumers in a non-competitive market.
- Need to define:
- Competitive marketplace
- coercive monopoly
- Misconduct
- The Sherman Anti-Trust Act is good in that it's purpose is to limit anti-competitive practices and attempts to distinguish between corrupt actions and companies who just do something better.
- The Clayton Anti-Trust Act appears to be overreaching in that it restricts particular business practices that may or may not be harmful.
May 18, 2011
Summary of Constitutional Rights, Powers and Duties
Summary of Constitutional Rights, Powers and Duties
Persons
1. To obey laws that are constitutional and applied within their proper jurisdiction and according to their intent.
2. To comply with the terms of legal contract to which one is a part.
3. To tell the truth under oath.
Constitutional duties of citizens under U.S. or State jurisdictions:
1. The preserve, protect and defend the Constitution.
2. To help enforce laws and practices that are constitutional and applied within their proper jurisdiction and according to their intent, and to resist those which are not.
3. To serve on juries, and to render verdicts according to the constitutionality, jurisdiction, and applicability of statute and common law, and the facts of the case.
Constitutional duties of able-bodied citizens under U.S. or State jurisdictions:
1. To defend the U.S. or State, individually and through service in the Militia.
2. To keep and bear arms.
3. To exercise general police powers to defend the community and enforce the laws, subject to legal orders of higher-ranking officials when present.
Powers delegated to the U.S. Government
1. To lay and collect import duties.
2. To pay the debts of the U.S. Government
3. To regulate commerce with foreign nations and Indian Tribes.
4. To regulate commerce among the States.
5. To regulate immigration *****
6. To establish a uniform rule of naturalization
7. To establish uniform laws on bankruptcy throughout the United States
8. To coin money and regulate its value and that of foreign coin, and to issue bills of credit.
9. To provide for the punishment of counterfeiting the securities and current coin of the United States.
10. To fix the standard of weights and measurements.
11. To provide and regulate postal services.
12. To establish protection for intellectual property, including patent, copyright and trademark rights
13. To constitute lower national courts.
14. To define and punish piracies and felonies committed on high seas, and offenses against the laws of nations. ***
15. To declare war, authorize warlike activities by other than the armed forces, and make rules concerning captures.
16. To raise, support and regulate the armed forces.
17. To govern what part of the Militia shall be employed in the service of the United States.
18. To exercise general Legislation over federal ground land purchases from states with the consent of their legislatures, U.S. flag vessels on the high seas, and the ground of U.S. embassies abroad.
19. To guarantee a republican form of government to the states ******
20. To enter into a treaty, alliance or confederation with a foreign state.
21. To declare the punishment for treason.
22. To prescribe the manner in which the acts, records, and judicial proceedings of each state shall be proved to other states and what should be done about them.
23. To admit new states into the Union.
24. To make laws necessary and proper for executing the powers delegating to the U.S. government.
Pre-emptive but non-exclusive powers
1. To provide for the common defense and general welfare.
2. To provide for calling forth the Militia to execute the laws, suppress insurrections, and repel invasions.
3. To provide for organizing, arming and disciplining the Militia.
4. To prescribe the times, places and manner of holding elections for members of Congress, except the places for electing senators.
5. To conduct a census every ten years.
Non-premptive Non-exlusive powers
1. To lay and collect excise taxes on commerce of income taxes.
2. To borrow money.
Restrictions of the powers of the national government
1. No exercise of powers not delegated to it by the Constitution.
2. Excises and duties must be uniform throughout the United States.
3. Shall pass no tax or duty on articles exported from any state.
4. No titles of nobility shall be granted by the U.S. government, or permitted to be granted to government officials by foreign states.
5. May not protect a State against domestic violence without the request of its legislature or without the consent of its executive.
6. U.S. Courts do not have jurisdiction over suits against a state by citizens of another state or foreign country.
Powers delegated to State Governments
1. To appoint persons to fill vacancies in the U.S. Congress from that state.
2. To appoint officers and conduct the training of its Militia.
Restrictions of the powers of the State Governments
1. State constitutions and laws may not conflict with any provisions of the U.S. Constitution or U.S. laws pursuant to it.
2. May not pass a law impairing the obligations of contracts.
3. May not make war without consent of Congress, unless actually invaded and in imminent danger.
4. May not make a compact or agreement with another state of the U.S. or with a foreign state without the consent of Congress.
Duties of the State Government
1. Must provide a republican form of government to their citizens.
2. Must conduct honest and fair elections, by secret ballot.
3. Must give full faith and credit to the public acts, records, and judicial proceedings of every other state, and recognize the privileges and immunities granted thereby.
4. Must extradict a person charged with a crime in another state to that state.
5. Must organize and train their militias.
Restrictions of the powers of all governments.
1. Shall not disable any natural or constitutional right without due process of law and then only to the extent necessary to avoid infringing the rights of others.
2. Shall not deny any person within its jurisdiction equal protection of the law.
3. Shall not suspend habeas corpus, except in case of rebellion of invasion and the public safety may require it.
4. Shall not issue a search warrant but on probable cause.
5. Shall not arrest members of Congress, except for treason, felony, or breach of the peace, while their house is in session.
Persons
- One of two main classes which are the subject of rights, powers, and duties.
- May be natural or Corporate
- A government as the power to define what is and it not a "person" subject to restrictions of Common Law and the Constitution.
- A government may also establish "corporate persons" (associations, corporations, partnerships, etc.)
- The "personhood" of such corporate entities is not created by the government; rather it derives from the personhood of its members.
- Corporate persons must be aggregates of natural persons.
- Natural persons include only humans.
- Common Law provides a basis for inclusion of other entities which have interests, an ability to reason and an ability to communicate.
- The attribute of persons who, as members of the polity, have certain privileges and duties in addition to those they have as persons.
- Polity - government or administrative regulation
- The Rights of personhood, not citizenship.
- Personal Security
- Not to be killed
- Not to be injured or abused
- Personal Liberty
- Move freely
- Assemble Peaceably
- keep and bear arms
- assemble in an independent well-disciplined militia.
- Communicate with the world
- Express or publish one's opinions or those of others
- Religion
- Freedom from unreasonable searches and seizures
- Enjoy privacy in all matters in which the right of others are not violated.
- Private Property
- To acquire, have and use the means necessary to exercise the above natural rights and pursue happiness
- To enter into contracts, and thereby acquire contractual rights, to secure the means to exercise the above natural rights.
- To enjoy equally the rights, privileges and protections of personhood as established by law.
- To petition and official for redress of grievances and get action thereon in accordance with law.
- To petition a legislator and get consideration thereof
- To petition a court for redress of grievances and get a decision.
- Not to have one's natural rights individually disabled except through due process of law.
- To enjoy equally the rights and privileges of citizenship as established by law.
- To vote in elections that are conducted fairly and honestly, by secret ballot.
- To exercise general police powers to defend the community and enforce the laws, subject to legal orders of higher-ranking officials.
- To receive militia training.
- Certain rights are restricted or disabled for minors.
- A government defines who a minor is and which rights are to be disabled.
- Consists of the assignment of a power to supervise the exercise of liberty and property rights to a guardian.
1. To obey laws that are constitutional and applied within their proper jurisdiction and according to their intent.
2. To comply with the terms of legal contract to which one is a part.
3. To tell the truth under oath.
Constitutional duties of citizens under U.S. or State jurisdictions:
1. The preserve, protect and defend the Constitution.
2. To help enforce laws and practices that are constitutional and applied within their proper jurisdiction and according to their intent, and to resist those which are not.
3. To serve on juries, and to render verdicts according to the constitutionality, jurisdiction, and applicability of statute and common law, and the facts of the case.
Constitutional duties of able-bodied citizens under U.S. or State jurisdictions:
1. To defend the U.S. or State, individually and through service in the Militia.
2. To keep and bear arms.
3. To exercise general police powers to defend the community and enforce the laws, subject to legal orders of higher-ranking officials when present.
Powers delegated to the U.S. Government
1. To lay and collect import duties.
2. To pay the debts of the U.S. Government
3. To regulate commerce with foreign nations and Indian Tribes.
4. To regulate commerce among the States.
5. To regulate immigration *****
6. To establish a uniform rule of naturalization
7. To establish uniform laws on bankruptcy throughout the United States
8. To coin money and regulate its value and that of foreign coin, and to issue bills of credit.
9. To provide for the punishment of counterfeiting the securities and current coin of the United States.
10. To fix the standard of weights and measurements.
11. To provide and regulate postal services.
12. To establish protection for intellectual property, including patent, copyright and trademark rights
13. To constitute lower national courts.
14. To define and punish piracies and felonies committed on high seas, and offenses against the laws of nations. ***
15. To declare war, authorize warlike activities by other than the armed forces, and make rules concerning captures.
16. To raise, support and regulate the armed forces.
17. To govern what part of the Militia shall be employed in the service of the United States.
18. To exercise general Legislation over federal ground land purchases from states with the consent of their legislatures, U.S. flag vessels on the high seas, and the ground of U.S. embassies abroad.
19. To guarantee a republican form of government to the states ******
20. To enter into a treaty, alliance or confederation with a foreign state.
21. To declare the punishment for treason.
22. To prescribe the manner in which the acts, records, and judicial proceedings of each state shall be proved to other states and what should be done about them.
23. To admit new states into the Union.
24. To make laws necessary and proper for executing the powers delegating to the U.S. government.
Pre-emptive but non-exclusive powers
1. To provide for the common defense and general welfare.
2. To provide for calling forth the Militia to execute the laws, suppress insurrections, and repel invasions.
3. To provide for organizing, arming and disciplining the Militia.
4. To prescribe the times, places and manner of holding elections for members of Congress, except the places for electing senators.
5. To conduct a census every ten years.
Non-premptive Non-exlusive powers
1. To lay and collect excise taxes on commerce of income taxes.
2. To borrow money.
Restrictions of the powers of the national government
1. No exercise of powers not delegated to it by the Constitution.
2. Excises and duties must be uniform throughout the United States.
3. Shall pass no tax or duty on articles exported from any state.
4. No titles of nobility shall be granted by the U.S. government, or permitted to be granted to government officials by foreign states.
5. May not protect a State against domestic violence without the request of its legislature or without the consent of its executive.
6. U.S. Courts do not have jurisdiction over suits against a state by citizens of another state or foreign country.
Powers delegated to State Governments
1. To appoint persons to fill vacancies in the U.S. Congress from that state.
2. To appoint officers and conduct the training of its Militia.
Restrictions of the powers of the State Governments
1. State constitutions and laws may not conflict with any provisions of the U.S. Constitution or U.S. laws pursuant to it.
2. May not pass a law impairing the obligations of contracts.
3. May not make war without consent of Congress, unless actually invaded and in imminent danger.
4. May not make a compact or agreement with another state of the U.S. or with a foreign state without the consent of Congress.
Duties of the State Government
1. Must provide a republican form of government to their citizens.
2. Must conduct honest and fair elections, by secret ballot.
3. Must give full faith and credit to the public acts, records, and judicial proceedings of every other state, and recognize the privileges and immunities granted thereby.
4. Must extradict a person charged with a crime in another state to that state.
5. Must organize and train their militias.
Restrictions of the powers of all governments.
1. Shall not disable any natural or constitutional right without due process of law and then only to the extent necessary to avoid infringing the rights of others.
2. Shall not deny any person within its jurisdiction equal protection of the law.
3. Shall not suspend habeas corpus, except in case of rebellion of invasion and the public safety may require it.
4. Shall not issue a search warrant but on probable cause.
5. Shall not arrest members of Congress, except for treason, felony, or breach of the peace, while their house is in session.
Civil Rights
LEGAL DEFINITIONS (www.law.com)
Civil Rights - Those rights guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution, including the right to due process, equal treatment under the law of all people regarding enjoyment of life, liberty property and protection.
Civil Liberties - rights or freedoms given to the people by the First Amendment to the Constitution, by Common Law, or legislation, allowing the individual to be free to speak, think, assemble, organize, worship, or petition without government (or even private) interference or restraints.
Right - An entitlement to something.
Liberty - Freedom from restraint and the power to follow one's own will to choose a course of conduct. Has an inherent restraint to act without harm to others and within the accepted rules of conduct for the benefit of the general public.
Civil Rights - Those rights guaranteed by the Bill of Rights, the 13th and 14th Amendments to the Constitution, including the right to due process, equal treatment under the law of all people regarding enjoyment of life, liberty property and protection.
Civil Liberties - rights or freedoms given to the people by the First Amendment to the Constitution, by Common Law, or legislation, allowing the individual to be free to speak, think, assemble, organize, worship, or petition without government (or even private) interference or restraints.
Right - An entitlement to something.
Liberty - Freedom from restraint and the power to follow one's own will to choose a course of conduct. Has an inherent restraint to act without harm to others and within the accepted rules of conduct for the benefit of the general public.
May 11, 2011
January 14, 2011
Quotes on the "General Welfare" Clause.
"Congress has not unlimited powers to provide the general welfare, but only those specifically enumerated." -Thomas Jefferson
"With respect to the two words 'general welfare' I have always regarded them as qualified by the details of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which their is a host of proofs was not contemplated by its creators." - James Madison
What Our Constitution Permits - Walter Williams
"With respect to the two words 'general welfare' I have always regarded them as qualified by the details of powers connected with them. To take them in a literal and unlimited sense would be a metamorphosis of the Constitution into a character which their is a host of proofs was not contemplated by its creators." - James Madison
What Our Constitution Permits - Walter Williams
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