A DAY TO PROJECT

On this most poignant day, within our time, and on behalf of our future, it is perhaps better, while we are considering the pre-eminence of diversity, to give greater emphasis to the necessary ascendancy of Unity.


Happy Martin Luther King Day.

PATIENTS AND PROVIDERS THE VICTIMS AGAIN

As some of you may or may not know, Medicare reimbursements to Healthcare Providers have just taken another irreversible “Draconian Hit”, again!

Beginning this month, January 2006, reimbursements for patients now drop inexplicably further by 4.4% to healthcare providers.

This is the first of additional reimbursement cuts this year, 2006, planned by Medicare. These cuts come at a time when practice costs are rising 3.1 percent, resulting today in an overall impact of a 7.4% decline in the total value of Medicare physicians payments.

Your neighborhood Docs, already drowning in increasing overall practice costs; employee costs; regulatory suffocation; increased professional insurance premium costs; increasing equipment and supply costs, and a daily increase delay in receiving justified 3rd party Private Insurer reimbursements for services, now up to, in many cases 6 months to a year or even longer, particularly from public agencies connected with the State, and Federal Health care programs.

A truly devastating situation. This is no Chicken Little scenario. This is real and getting worse.

What does this mean to you?

Dramatically less patient service, less patient accessibility, further runaway depletion of healthcare professionals here on our Central Coast, and across our State and Nation.

A healthcare crisis, which has always been bad, and getting worse, is now without question going to get even worse, as physicians and their families seek methods to survive, and sustain their patients and practices in a continuing intentional governmental spiraling down of healthcare in this Nation, State, and to our very local physicians, by our Federal and State Governments.

What to do?

Support your local Doctors, and then write and rise up and tell your Federal and State elected representatives, we have had enough, and we are not going to take it any longer! We deserve better healthcare, and we must insist that we have a system of health care, in which our medical providers, and we, their patients can live.

For further Information ... Please ...

A) Contact your local Physician

B) Otherwise: D.E. Regan, Ph.D.
drdregan@aol.com

RIGHTS AND REALITIES -- WHOSE GUARDING THE HEN HOUSE?

I just want to take a few moments, of your time, and discuss Voter sovereignty and its implications for our personal futures within a preferred, or at least a perceived representational democracy.

You may not govern me without my consent, reverberated throughout our Founders' keen and deliberate sense of a representational federalist democracy, as they constructed our Constitution. Along with and congruent to, Separation of Powers, it is a firm keystone, and a solid building block built into our Constitution -- against an unlimited and despotic government.

Let’s imagine together for a moment, that like the “Darlings” of J.M. Barrie’s children’s mythos of Peter Pan, that we wake up to a magical world. A world, (like Peter Pan’s) of neither child, nor adult, old or young, and importantly has its social order defined by an immutable rule of independent, well educated voters exercising their legitimate citizens’ choices, and influence, as the basic tenant, on which that magical society is constructed and run.

An imaginative nurturing system deliberately built from the bottom up, the bottom down … left and right sides all equal. A voluminous equilateral 8 sided societal diamond, with each of its four facets with all points out, and all bases faceting on their mutual converging planes.

A polyiamond, or polyhedron. More accurately an octahedron with its eight planes meeting, at each of its vertices.

Such cognitive theories early on, in 325BC as imagined, postulated and proofed in Euclid’s biblically elemental work, “Elements”; further expounded on by Plato, and thereafter philosophized on by his student Aristotle, as embodying four of his five elements, earth wind, fire, and water.

Certainly given these ancient laws, we can only assume it was thereafter and forever intuitively known by Barrie; as it was deified by Picasso and his “Garde”, at the turn of their 20th century; as it was later that same century by Buckminster Fuller, and most certainly earlier, and notably within the 18th century by our Nation’s founders.

It is hard to imagine, that our very imaginations, and our daily modern manifested institutional realities are not all, somehow connected, constrained, and based deeply within such ancient elemental, artistic, and axiomatic evolving truths.

Fast forwarding through this indulgent and evocative cubist collage-like dream state, we see on the approaching irregular horizon, another land of equally yet non arbitrary, and now highly mutable shapes, iconizing pure self interest, and an extorted insularity of and by, a new ruling beaurocracy, known as government “by and for its people”.

A new pseudo fascism constructed of facades of smoke and mirrors, psychologically embracing frustration, apathy and ignorance, as the controlling elements, a mere pretense of the more solid representational democratic federalism intended.

A consolidation of effects so dense, as to squeeze out light -- light of the sun, light of common knowledge, and most importantly the light of common good.

A world in which the people sensing this vacuous palatable absence of light, and omnipresent smells of a rat, march lockstep in impeccable flight, fear and intuitive disgust, impulsively, ever faster and more reliably toward greater distrust, apathy, and disunion.

Propelled by a system in which, no matter the individuals’ earnest desires, seems to cognitively rule them out, spiritually deflate them, while all the while, neutering their palates with the persistent and ever present drumming of electronic pablum, entitlement baiting, and an incomprehensible destruction of any unifying cultural aesthetic.

A society of disequals stridently screaming their equality, marked by ever more deliberately aggressive incivility, and incongruous mind numbing inaction, and unsafe beaurocratic ineffectiveness.

A beaurocracy indulged by and self re-invented by an increasingly constrained voting class, and a deconstructed system that: enthusiastically encourages and intentionally fosters voter and citizen non participation.

A citizenry lauded and taught only the virtues of ingesting, but never digesting, nor allowable or discerning expulsion.

Yet that same system simultaneously insisting that such non participation is completely inexplicable and intolerably immutable given the laws of human nature, as they understand them, and as they are want to proselytize them.

Issues, intentionally made unclear, called ballot summaries, combined with enthusiastically obfuscating perpetually smiling candidates and office holders, committed to the service of self-serve, with a consistency of rare sinister wit and profound unintelligible dullness.

A system unassailable in its absurd and clear use of intentional barriers and burdens to keep the entitled citizen voter from his or her veritable and verifiable civic duty of voting, and voting informed.

A system where a voter can’t get there in a useful or timely manner -- can’t understand the issues confronting them -- and can’t verify if their vote was even counted. Created to make them feel not there. So, when they are not there ... where is this so called statistical surprise?

All this in an age where they can electronically connect voices and images instantly around the world; create life in a Petri dish; steal one’s identity in an eye blink, but yet mysteriously can not enable and verify one vote, one person?

Yes, the axiomatic truths of Plato, et al are inescapably real, as are the correlative artistically distorted representations by the likes and wonders of Picasso.

Within this heritage our job … yea the very soul of our society … is to aggressively define and assertively recapture those civil truths with an unapologetic commitment to assure and insure our verifiable voting rights, as the simple yet basic foundation and corner stone of our sovereignty as a nation, as citizens, and that these rights are protected and equally unassailable.

It is we who elect them, right?

The fruited plane, on which our dreams, prosperity and our very survival is built.

America! America!

We can't lose You.

This right is indeed self evident.

ATTRIBUTION

FINALLY CONGRESS DOES SOMETHING RIGHT

H.R. 4128

Protects Private Property Rights.


Summary:

Congress’ power to condition the use of federal funds extends to prohibiting states and localities from receiving any federal economic development funds for a specified period of time if such entities abuse their power of eminent domain, even if only state and local funds are used in that abuse of power.

Such a broader penalty is an appropriate use of Congress’ spending power, as the Supreme Court has made clear that Congress may attach conditions to the receipt of any federal funds provided such conditions are related to the “federal interest in particular national projects or programs.” Under this legislation, there is a clear connection between the federal funds that would be denied and the abuse Congress is intending to prevent.

The policy is that states or localities that abuse their eminent domain power by using “economic development” as a rationale for a taking should not be trusted with federal “economic development” funds that could contribute to similarly abusive land grabs.

H.R. 4128 also includes an express private right of action to make certain that those suffering injuries from a violation of the bill will be allowed access to state or federal court to enforce its provisions. It also includes a fee-shifting provision identical to those in other civil rights laws that allows a prevailing property owner attorney and expert fees as part of the costs of bringing the litigation to enforce the bill’s provisions.

Under H.R. 4128, States and localities will have the clear opportunity to cure any violation before they lose any federal economic development funds by either returning or replacing the improperly taken property.

H.R. 4128 also includes carefully crafted refinements of the definition of “economic development” that specifically allow the types of takings that, prior to the Kelo decision ... (On June 23, the Supreme Court, in a 5 to 4 decision in: Kelo v. City of New London, held that “economic development” can be a “public use” under the Fifth Amendment’s Takings Clause. In doing so, the Supreme Court allowed the government to take private property from one homeowner and give it to a large corporation for a private research facility) ... had achieved a consensus as to their appropriateness. These exceptions include exceptions for the transfer of property to public ownership, to common carriers and public utilities, and for related things like pipelines.

The bill also makes reasonable exceptions for the taking of land that is being used in a way that constitutes an immediate threat to public health and safety. The bill also makes exceptions for the merely incidental use of a public building by a private entity, such as a small privately run gift shop on the ground floor in a public hospital, for the acquisition of abandoned property, and for clearing defective chains of title in which no one can be said to really own the property in the first place.

H.R. 4128 would not become effective until the start of the first fiscal year following the enactment of the legislation, in order to provide states and localities with sufficient lead time within which to prepare to come into compliance with the legislation.

Finally, H.R. 4128 does not apply to any project for which condemnation proceedings had begun prior to enactment.

ATTRIBUTION

TO PERSONAL ... LOS OSOS …

TIME TO HEAL AND COME TOGETHER IN COMPASSION AND WISE COMPROMISE ON BEHALF OF ALL THE PEOPLE –- ALL YOUR NEIGHBORS -- ALL YOUR FRIENDS.

IN OR OUT OF TOWN, AND THROUGHOUT THE COUNTY -- ALL OF US WHO WORRY AND WONDER, AND WANT TO HELP.

ALL, WHO SURELY ONLY WANT NOTHING MORE THAN FOR YOU TO ALL BE HAPPY, HEALTHY, SAFE AND PROSPEROUS.

A SOLUTION IS WITHIN YOUR GRASP.

BUT, IT WILL TAKE: UNITY OF PURPOSE, UNITY OF SPIRIT
AND A GREATER UNITY OF WILL POWER AND GRACE TO
OVER COME THE EASIER AND NOW ALL TOO FAMILIAR
ROAD OF VINDICTIVENESS AND ANGRY DIVISIVENESS.

TAKE A DEEP, QUIET, AND MUCH DESERVED BREATH ... GRAB THE COMMUNITY ROPE, AND PULL DESERVEDLY TOGETHER.

YOUR POSITIVE FUTURE AWAITS YOU.

ENVISION IT ... THE CHOICE IS ONLY YOURS.

MY PRAYER IS: THAT YOU WILL DO WHAT YOU ALL KNOW IS RIGHT AND BEST ... AND WILL DO WHAT IS RIGHT AND BEST FOR ALL.

ATTRIBUTION

C.T.E. -- Career Technical Education -- IMPORTANT TO ALL OF US

Our recent, and not so recent, educational history has seemingly been sadly highlighted by the zeal of educators and well meaning parents, who universally appear to believe that all of their children are manifestly destined for college entrance white-collar careers.

School Boards, Administrators, and Teachers for years have been trying to please parents by punching up students’ academic test numbers, while indiscriminately destroying programs that would train carpenters, electricians, auto mechanics, para medical professionals, and other vital workers.

The slow eradication of Career Technical Education Programs (CTE) coupled with the political pressure to raise test scores, surely has had a wrong headed depressive and clearly detrimental effect on California's high school career and employment opportunities. While at the same time contributing to an increasing dropout rate, which already is much too high, by channeling all students into college tracks.

Some - CTE teachers, parents, and other observers believe, that it has been a decades long conspiracy, of sorts, to cleanse the schools of those students who are vocationally, rather than academically, inclined.

Ironically, California has never had a greater need for workers with mechanical and/or technical abilities, a need so vast that employers are raiding each other, and even importing skilled workers from other states to fill vacancies.

Governor Schwarzenegger signed Senate Bill, S.B. 70, into law this past September, 2005. This Bill will rightfully expand and finally rebuild California’s Technical Educational (CTE) offerings, while strengthening connections between secondary schools, community colleges, industry, and employers.

He is the first governor, in recent decades, to make CTE a public priority, mentioning it during his State of the State address to the Legislature last January, 2005, and then including $20+ million dollar allocation to improve CTE at high school and community college levels in his 2005-06 budget.

Schwarzenegger described CTE – accurately – as: "a first-class ticket to high-paying jobs and solid careers, and improving California's economy" . He further added, that: "For too long this has been neglected, and has been forgotten, and there is no respect for this kind of education."

But if his and our personal and most necessary support for CTE is to become a long-term and effective commitment, resulting in a permanent change in our State’s Educational trends and provide more and sustained open career opportunities, then a firm change of public attitude is clearly needed.

Those who improperly denigrate job-oriented education, while still powerful in both the education hierarchy and politics, denigrate themselves, as well. These intentional and/or naïve attitudes and their resultant destructive inhibitory actions, towards our children’s opportunities, and California’s economy must stop.

Support Vocational Education, it is our proud future too, and not an educational outcast.

It is an Economic Promise for our children and our families.

ATTRIBUTION

Passing Grace

Now I look at the years gone by,
and wonder at the powers that be.

I don’t know why fortune smiles on some,
And let’s the rest go free.

Maybe the time has drawn the faces I recall -

But things in this life change very slowly,
If they ever change at all.

There’s no use in asking why,
It just turned out that way.

Attribution

Property Rights Wins Victory in House

The House recently in late September, approved an overhaul of the 1973 Endangered Species Act, perhaps the nation's most predatory tool for limiting human access, housing, farming, recreation and property rights.

The recent HR 3824 (TESRA), Threatened and Endangered Species Recovery Act of 2005 is a much hoped for relief, for our local homeowners, agriculture, and rancher families, who at times have found their personal property rendered useless, and endangered themselves by the 1973 legislation.

These welcomed changes were pushed through by the Chairman of the House Resources Committee, Rep. Richard Pombo, R-Calif. This rancher correctly and intuitively contends that the current 32 year old rules unduly burdens landowners, and leads to costly lawsuits while doing too little to save plants and animals.

Pombo said: "You've got to pay when you take away somebody's private property. The only way this is going to work is if we bring in property owners to be part of the solution and to be part of recovering those species".

This was, I thought, already guaranteed by the 7th Amendment: "nor shall private property be taken for public use, without just compensation". That clause alone should have rendered the original 1973 legislative version unconstitutional. But alas, it has not, perhaps now there is hope for the rights of property owners.

Correctly, Yes, we should protect endangered species, but not at the expense of our property owners.

The White House supports this legislation. In the end, 34 Republicans joined Democrats in voting against the measure, and 36 Democrats joined Republicans in voting for it.

One of whom, you might expect voting against it, was Congresswoman Lois Capps. Who appears to have trouble with legislation protecting fellow property owners, but has no problem supporting the killing of our local animals on our Channel Islands, while paying thousands of dollars to New Zealand hunters to do so.

Opponents and Mrs. Capps are expecting Senator Lincoln Chafee (R-RI), who heads the committee that oversees the Endangered Species Act, to hold the bill up in his committee. He has, already voiced his opposition to the bill. The Senate has not taken it up, and is unlikely to accept such revisions in the law, so compromises are likely if the bill is ever to become law.

The bill that passed the House would require the government to compensate property owners, if steps needed to protect species, thwarted development plans. It also would make political appointees responsible for some scientific determinations, and would stop the government from designating areas as "critical habitat," which now is used as a wedge to limit often needed housing, of particular importantance in our difficult and highly priced local real estate market.

A growing critical mass of people are now aware of the problems that the existing Endangered Species Act imposes on land and homeowners and their communities, and understands it is also counter productive to recovering and protecting species.

"It's going to be a 2006 elections issue."

At the heart of the issue is the traditional protection of private property rights versus invasive environmentalist – no-growther concerns.

Preserving endangered species is good, provided it does not put people out of work, or infringe on the rights of property owners.

Some balance is needed, and I believe this legislation goes a long way towards providing it. It is time to protect another endangered species … the individual property owner.

ATTRIBUTION