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 <title>Ignorance Gone to Seed</title>
 <link>http://kdtunstall.com/index.php?itemid=25</link>
<description><![CDATA[Well, as promised I am opining with respect to the so called “bailout” that we have witnessed this week. Recent reports indicated that 85% of those who contacted their Congresspersons and Senators were against this welfare handout, yet our elected leaders voted for the measure anyway. Doesn’t that make you proud to be an American? You will not find a finer example of how well our system works than this particular issue. The “will of the people” (i.e. the consent of the governed) is ignored. Our rulers act with impunity. <br />
<br />
The current financial “crisis” that we are witnessing is not a new phenomenon. At the core, it is the logical and natural result of business practices predicated on the concept by amortizing debt, while booking revenue as “profit” as a result of normal business operations and acquisitions. This model rewards those who go deeper into debt, while punishing those who do not. Debt does not equate to “assets” no matter what the media and our government claims. As a result, we have a “debt-based consumer” economy instead of an economy based on sound business practices. <br />
<br />
Think about this for a second. How many times have you heard our elected officials or the media state that your home is the “biggest investment” you’ll ever make? Well boys and girls, your home is not an investment. It is a liability. If it were an investment, it would be a piss-poor one which represented a substantial loss. Paying three times the value for an “asset” is not a sound investment.<div style="text-align: center"><b>Cause and Effect</b></div><br />
With respect to “the housing bubble” that we see in a current state of collapse, there are a few things that we should consider. I see three different factors that are driving current events. <br />
<br />
The <b>Community Reinvestment Act</b> of 1977 pressured lending institutions to provide loans to those with less than credit-worthy histories (sub-prime borrowers). Though the goals of the act may have been noble, the result was a distorted credit market and lead to unsound lending practices. Perhaps more disturbing is that in 1995 community activist groups were allowed to interject comments in yearly bank reviews which allowed these groups to extort lending institutions if they did not comply with their demands. As a result, lending institutions abandoned their “outdated” methods of lending money (income, credit history, savings history and income verification, etc) and acquiesced to the demands of these groups to offer 100% financing, no credit scores and the use of undocumented (not on your tax return) income. <br />
<br />
Economist Stan Liebowits, (1) Professor of Economics for University of Texas, wrote of this shift in his New York Post article (2) in February of 2008. UT is hardly considered a bastion of “conservative” thinking, so hopefully my “liberal minded” readers will take note of his analysis. <br />
<br />
<b>Predatory Lending Practices</b> are an issue as well. These vehicles include <b>adjustable rate (3), graduated payment (4), balloon payment (5) negative amortization (6) and interest only mortgages (7). </b>Those of us old enough to remember should recall the destructive power of these financial vehicles. They were quite popular in the late 70’s and when the housing market plummeted in Texas in the early 80’s people found themselves owing more on their homes than they could ever repay. As a result of the use of these vehicles, people abandoned their homes favoring bankruptcy instead. Sounds familiar doesn’t it? <br />
<br />
Whenever loans are made to where principle is never reduced, or increases over time, or where interest will eventually overwhelm the borrower <b>by design</b>, they should be viewed as a form of fraud, either against the consumer or the stock-holder who desires to have profit for their investment. Yet lending institutions, surely as a payoff to provide “sub-prime” loans, are allowed to engage in such activity. These types of financial vehicles almost guarantee that the borrower will default at some point in time unless a fixed-rate mortgage can be obtained. <br />
<br />
<b>Fiat Currency</b> is perhaps the biggest culprit of the housing bubble. Artificially driving up the “value” of housing by deflating the value of our currency (inflation) is in actuality a hidden tax we all pay. The Federal Reserve, since it was established in 1913, has utilized inflation as a vehicle to transfer wealth from the middle class to the gilded class of the international banking community. Sold to our elected leaders as a method to “stabilize” the currency, it has proven to be the bane of the American people. <br />
<br />
Additionally, the concept of fractional reserve banking which creates “commercial money” out of thin air by allowing banks to loan out money (capital) it does not “own” itself is akin to me renting out your house while you asked me to watch the place when you went on vacation. It is immoral to allow someone to borrow something that is not yours to begin with. I view this practice as a form of fraud as well. <br />
<br />
Logic, and indeed historical economics, dictates that as you increase the supply of a given commodity, its intrinsic value will decrease. Such holds true with the value of the dollar as well. The more dollars in circulation, the less they are worth. <br />
<br />
Since the inception of the Federal Reserve, a concerted effort has been made to devalue the buying power of the consumer (in relative terms). When we look at commodities that can be examined, such as precious metals or consumer goods with equitable counterparts in modern society (food, clothing, and basic living necessities) a disturbing trend emerges. According to the Bureau of Labor Statistics, the CPI (consumer price index) in 1913 averaged 9.9. Today, the CPI average is 207.342.(8) In layman’s terms, this means that your dollar is worth $.047 today. Yep, it would appear that the Federal Reserve has a good handle on maintaining the value of the dollar, does it not?<br />
<br />
<div style="text-align: center"><b>A History Lesson</b></div><br />
The “roaring 20’s” was accompanied by massive consumer and commercial debt which lead to the unsustainable credit-driven boom. In a knee jerk reaction to stave off a massive increases in the interest rate, the Federal reserve contracted credit liquidity in 1928 and the money supply from 1929-1933 (by about one third).<br />
<br />
In February 1929, Austrian economist Friedrich Hayek predicted that “the boom will collapse within the next few months” in his Austrian Institute of Economic Research Report. Additionally, when turning down a job at the Kreditanstalt Bank in early 1929, Ludwig von Mises is noted as stating “A great crash is coming, and I don’t want my name in any way connected with it.” These Austrian School economists predicted the great crash. No one listened. <br />
<br />
Instead, many in government blamed the “failure of the free market.” Silence was the rule with the respect of governmental manipulation of the money supply or the “credit-based” economy in general. <br />
<br />
Today, Austrian School economists have been screaming from the rooftops that the same conditions that lead to the great depression have been established by the government yet again. We have a government induced credit-based economy, rampant inflation of the money supply and artificial interference in the economy. Yet no one is listening. <br />
<br />
It appears that we are being led down the same path of destruction. We are being asked to “bail out” those who could not simply say no to bad business decisions be they banks, or individuals. Those of us who constrain our spending practices are being forced to prop up those entities that are unwilling to follow suit.  <br />
<br />
<div style="text-align: center"><b>Reality Check</b></div><br />
Conservative estimates that I have seen will place the actual cost of the bailout, not at $700 billion, but at $3.9 trillion. The net effect will be hyper-inflation yet do not expect the government to bail you out. No, the government does not represent our interest. They represent the interest of the Bentley driving, country club jet setters who feed off of the tax burden of the citizens. <br />
<br />
What we are witnessing is the biggest transfer of wealth from the middle class to the wealthiest people on the planet. When will enough be enough? I suppose it will take bread lines and soup kitchens before the people actually wake up and smell the coffee. <br />
<br />
Forgive me my indignation. However, I am pretty damn sick and tired of my tax dollars providing wealth and comfort to the most despicable people on the globe. The likely outcome of this travesty of justice will be hardship and further degradation, if not complete collapse, of the middle class in our lifetime. I’ll be damn lucky to be able to retire at the same age, relative comfort and security of my grandparents. Our children and grandchildren will be damn lucky if they are not reduced to wage-slave chattel, existing at the whim of corporate overlords. Corporatism is fascism. We exist in what can only be described as Mussolini’s wet dream—soften at your discretion. <br />
 <br />
1) <a href="https://www.utd.edu/~liebowit/">Liebowits</a><br />
<br />
2)<a href="http://www.nypost.com/seven/02052008/postopinion/opedcolumnists/the_real_scandal_243911.htm?page=0">NY Post</a><br />
<br />
3) <a href="http://en.wikipedia.org/wiki/Adjustable_rate_mortgage">Adjustable Rate Mortgage</a><br />
<br />
4) <a href="http://en.wikipedia.org/wiki/Graduated_payment_mortgage_loan">Graduated Payment Mortgage</a><br />
<br />
5) <a href="http://en.wikipedia.org/wiki/Balloon_payment_mortgage">Balloon Mortgage</a><br />
<br />
6) <a href="http://en.wikipedia.org/wiki/Negative_amortization">Negative Amortization</a><br />
<br />
7) <a href="http://en.wikipedia.org/wiki/Interest_only_mortgage">Interest Only</a><br />
<br />
8) <a href="ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt">CPI Index</a>]]></description>
 <category>National</category>
<comments>http://kdtunstall.com/index.php?itemid=25</comments>
 <pubDate>Thu, 9 Oct 2008 09:57:07 -0500</pubDate>
</item><item>
 <title>How the Stomach Churns</title>
 <link>http://kdtunstall.com/index.php?itemid=24</link>
<description><![CDATA[<div style="text-align: center">How the Stomach Churns<br />
or How We Failed to Keep Our Republic</div><br />
<br />
I must admit that since before Hurricane Ike, I had not watched corporate media for awhile. My reasoning was that they (corporate media) are not reliable and as a matter of routine they engage in propaganda and attempt to sway public opinion to fit their agenda. Likewise, I view silence on governmental malfeasance to be equally repugnant.<br />
<br />
I suppose one can argue that silence is not collusion by consent. However, as witnessed in Texas, when the media fails to report on the government blatantly violating the election code, one can only be left with the impression that corporate media is engaging in purposefully misleading….no, let’s just call it lying, to the citizens of our state, and of our nation. <br />
<br />
I wish to focus on two issues this week. The first issue is that of the State of Texas’ refusal to uphold the rule of law with respect to the election code. Secondly, I would like to discuss the nonsense we are witnessing with respect to ‘the bailout’ being rammed down our throat by the ruling elite. It has taken me awhile, considering recent events, to wrap my mind around these topics and today I intend to make my position very clear and very succinct. I will have to write on “the bailout” tomorrow as I lack the time to complete the article prior to performing my parental duties for the evening. Hopefully I will not bore you with the election code in the meantime. A primer on mind numbing statutes<br />
<br />
It is often stated that “we are a nation of laws, not of men.” This statement, originating from one of my ancestors John Adams, has been taught in every school of this nation. In contemporary context, it means nothing. I have stated previously that many people, I contend the majority of our citizens, believe that <b>“the law” is meant for those outside their immediate peer group and is not applicable to their own. </b>This is clearly evidenced by the recent mistakes made by both the RNC and DNC with respect to providing their list of “certified candidates” for the upcoming presidential election. <br />
<br />
To understand the election code, you must understand the differences between the laws that govern political parties in Texas. There are three types of political parties recognized in the state of Texas. It breaks down as follows:<br />
<br />
<b>Primary Parties:</b> those parties whose gubernatorial candidate in the last election who received > 20% of the popular vote in the last gubernatorial election. These parties (<b>Republicans and Democrats</b>) are <b>required</b> to operate under <b>§ 171 </b>of the Election Code. They are required to elect their ‘state, county and congressional’ candidates as well as their ‘county party officers’ via the primary election. <br />
<br />
<a href="http://tlo2.tlc.state.tx.us/statutes/docs/EL/content/htm/el.010.00.000171.00.htm#171.001.00">§ 171 of the Election Code</a><br />
<br />
<b>Parties with State Organization:</b> those parties who have a state “Executive Committee” and hold conventions to nominate their candidates at all levels. In this category, you have the Libertarian, Constitution, Reform and Green parties. All of these parties are governed under <b>§ 181 </b>of the Election Code. If they are fortunate enough to receive > 5% of the popular vote in the General Election. Libertarians have done so as they receive double digit support in state-wide offices. However, the other parties in this category have failed to meet this requirement in recent history. Even though the Repucan and Democratic parties hold conventions, they are still governed under § 171 as required by law. <br />
<br />
<a href="http://tlo2.tlc.state.tx.us/statutes/docs/EL/content/htm/el.010.00.000181.00.htm#181.001.00">§ 181 of the Election Code</a><br />
<br />
<b>Parties without State Organization:</b> These parties have no state Executive Committee. Though they may make nominations for county and precinct officers at convention, they must obtain petition signatures in order to get their candidates on the ballot. I am unsure if there are any parties that operate under this chapter. However, if there are, they are governed under § 182 of the Election Code.<br />
<br />
<a href="http://tlo2.tlc.state.tx.us/statutes/docs/EL/content/htm/el.010.00.000182.00.htm#182.001.00">§ 182 of the Election Code</a><br />
<br />
Regardless of which section of the election code you fall under, if you qualify for state ballot access under <b>§ 171 or § 181</b>, <b>you are required to meet the conditions under § 192 </b>in order to have your Presidential Nominee to be placed onto the ballot. To be specific, the law that governs the placement on the ballot of presidential nominees is § 192.031. It reads as follows:<br />
<br />
<i><br />
<blockquote><br />
<b>§ 192.031.  PARTY CANDIDATE'S ENTITLEMENT TO PLACE ON BALLOT.</b>  <br />
<br />
A political party is entitled to have the names of its nominees for president and vice-president of the United States placed on the ballot in a presidential general election if:<br />
<ol><br />
	<li>the nominees possess the qualifications for those offices prescribed by federal law;</li><br />
	<li>before 5 p.m. of the 70th day before presidential election day, the party's state chair signs and delivers to the secretary of state a written certification of:</li><br />
<ol type="A"><br />
	<li>the names of the party's nominees for president and vice-president; and</li><br />
	<li>the names and residence addresses of presidential elector candidates nominated by the party, in a number equal to the number of presidential electors that federal law allocates to this state; and</li><br />
</ol><br />
	<li>the party is:</li>                                                            <br />
	<ol type="A"><br />
	<li>required or authorized by Subchapter A of Chapter 172 to make its nominations by primary election; or</li><br />
	<li>entitled to have the names of its nominees placed on the general election ballot under Chapter 181.</li><br />
</ol><br />
</ol><br />
</blockquote><br />
</i><br />
<a href="http://tlo2.tlc.state.tx.us/statutes/docs/EL/content/htm/el.011.00.000192.00.htm#192.031.00"> § 192.031 of the Election Code</a><br />
<br />
<div style="text-align: center">All Things Considered</div><br />
<br />
Let us break this down shall we? <br />
<br />
Do all candidates “possess the qualification of those offices by federal law” as mandated under § 192.031 (1)?  I have never questioned this. The governing “ruling authority” for this question would be the Federal Elections Commission. Therefore, should there be a discrepancy with respect to federal qualifications, we would have heard of such (hopefully). <br />
<br />
Did the state party chairs sign and deliver to the Secretary of State a written certification of as mandated under § 192.031 (2)(A) the names of the party’s nominees for president and vice-president and (B) the names and residence addresses of presidential elector candidates nominate by the party <b>PRIOR TO </b>the 70th day before the presidential election? This year, that deadline was August 26th. Let’s take a look. The Republican national convention was held September 1-4. Therefore they <b>did not meet </b>this qualification. The Democratic national convention was held August 25-28. Therefore, they too failed to meet this qualification. The Libertarian party held their convention May 22-26 and did provide a “certified list” of their nominees for president, vice president and electors to the Secretary of State prior to the deadline. <br />
<br />
Do these parties meet the criteria under § 192.031 (3)(A) required or authorized by Subchapter A of Chapter 172 to make its nominations by primary election or (B) entitled to have the names of its nominees placed on the general election ballot under Chapter 181? Yes. The Republican and Democratic parties fall under § 192.031 (3)(A) and the Libertarian party falls under § 192.031 (3)(B). <br />
<br />
On August 27, it was reported in the <i>Ballot Access News </i>that “<b>Kim Kizer of the Texas Secretary of State’s elections division says neither major party’s certification has been received in the Elections Division. The Executive Office of the Secretary of State refers all questions back to the Elections Division</b>”<br />
<br />
<a href="http://www.ballot-access.org/2008/08/27/democrats-republicans-miss-texas-deadline-to-certify-presidential-nominees/">Ballot Access News</a><br />
<br />
There you have it. The Republican and Democratic National Committees failed to abide by the laws of the State of Texas and hold their conventions prior to the filing deadline, much less turn over a “certified list” of their nominees and electors. However, do you think these failures would compel our Secretary of State (Hope Andrade) to uphold the law? <br />
<br />
<b>§ 192.033(a) states</b> “the secretary of state shall certify in writing for placement on the general election ballot the names of the candidates for president and vice-president <b>who are entitled </b>to have their names placed on the ballot.” <br />
<br />
<div style="text-align: center">Laws, we don’t need no stinking laws</div><br />
<br />
As we have proven above, beyond any reasonable doubt, neither the Republican nor Democratic parties are “entitled” to be on the ballot. Apparently, a little thing like THE LAW isn’t going to stop a public servant like Hope Andrade, who was appointed by Governor “Good Hair” Perry, from certifying these candidates. Indeed, she (Andrade) claimed, according to Fox News, that she “certified” the Republican and Democratic nominees on September 3. But wait! How can that be? How can she “certify” candidates that were not nominated until after the deadline? Short answer is that SHE CAN’T certify said candidates. She simply broke the law. <br />
<br />
<a href="http://elections.foxnews.com/2008/09/17/barr-tries-kick-mccain-obama-texas-ballot/">Fox News</a><br />
<br />
As a result, and according to the same Fox News article, the Barr campaign filed a lawsuit on September 17. On September 23, the Supreme Court of the State of Texas issued a one sentence “order” without explanation, simply stating that “<u>THE FOLLOWING PETITION FOR WRIT OF MANDAMUS IS DENIED:</u>”<br />
<br />
<a href="http://www.supreme.courts.state.tx.us/Historical/2008/sep/092308.htm">Texas Supreme Court</a><br />
<br />
Could anyone have thought the outcome would have been different considering that ALL members of the Supreme Court are members of an organization that failed to abide by the law? <br />
<br />
It is painfully clear that these individuals, who took an oath to uphold the laws of this state, are in violation of their oaths of office. The law is clear. They simply chose to ignore the law and as a result they themselves have become criminals. <br />
<br />
At this moment in time, it would appear that Mr. Barr will not take this matter to Federal Court, as Mr. Bush did in 2000. Additionally, I doubt that the Libertarian Party of Texas will seek relief from the Federal Courts as well. However, there is always an option for Mr. Obama to seek relief from the courts. After all, he will lose Texas anyway and if successful, he could deny 34 electoral votes from McCain. <br />
<br />
One thing is clear. The election, as it stands, is illegitimate. I often hear conservative worry about “voter fraud” where fictitious voters cast votes, or voters vote more than once. However, the occurrence of voter fraud is a very rare crime and utilizing such is pure hyperbole. There is another type of fraud. It is called “election fraud” This is where members of “the government” violate the law in order to manipulate the outcome. This type of fraud is so prevalent in our history that books have been dedicated to the subject. <br />
<br />
<div style="text-align: center">Can you say “organized crime?”</div><br />
<br />
As the electoral votes have been stolen from their rightful recipient, whoever that may have been, be that Barr, Baldwin, McKinney or Nader (the latter three qualified as “write-in candidates) the facts remain clear. What we have witnessed in Texas is by definition “election fraud” and as such those individuals involved should be charged and tried for their crimes. <br />
<br />
Are we a nation of laws? Or, are we a nation of “parties?” Does the law exist for the benefit of “the people?” Or are “the people” simply subject to “the law” at the whim of the two ruling parties? Additionally, considering the obvious connection to all parties involved who have ignored the law, could this not be construed as “organized crime?” Now perhaps you can understand <b>why </b>I left the GOP in 2000. Why would I wish to be associated with such obvious criminal activity? One can only hope that an honest individual, who is rather philanthropic and interested in justice, to pick up on this judicial travesty and challenge this criminal ruling to a higher authority.<br />
<br />
<div style="text-align: center">Arrogance of aiding and abetting</div><br />
<br />
Last night, a friend of mine called to ask if I watched the VP debate. I stated that since the election was illegitimate I did not. He asked why I felt it was illegitimate and I informed him of the situation. He simply dismissed “the law” and utilized typical responses. “We have to have a Republican on the ballot.” “How can the (the RNC) obey the law when they haven’t had their convention yet?” “Why do you wish to disenfranchise 95% of the voters?”<br />
<br />
My responses remained consistent. The law is the law. If it isn’t applied equitably, it violates both the state and federal constitutions (equality clause). Are we to suggest that the RNC and DNC are not accountable to the law? Does “the state” control “the law?” Or, do these “parties” dictate the law to the state? I don’t wish to “disenfranchise” anyone. I did not fail in this endeavor…that honor goes to the leadership of ruling parties. In the end, it didn’t matter because “the law” made no difference to my friend. Of course no legal or moral argument would change his mind. After all, <b>his </b>political party must not be hindered in achieving their goal no matter what “the law” requires. <br />
<br />
As I previously stated, “<b>the vast majority</b>” of people believe that “<b>the law</b>” is for “<b>those people</b>” outside of their immediate peer group. Can you deny this? Ask yourself, should the law be upheld? Or, should the law be ignored simply because the candidates are members of one of the tax-subsidized ruling parties? Equality under the law? Pure sophistry. There is no such thing. If a DA really wished to make a name for themselves, I would say that the time is now. Indictments and charges for election fraud against the following individuals would be warranted. <br />
<br />
Hope Andrade - R<br />
Wallace B. Jefferson – R<br />
Nathan L. Hecht – R<br />
Harriet O'Neill – R<br />
Dale Wainwright – R<br />
Scott A. Brister – R<br />
David M. Medina – R<br />
Paul W. Green - R<br />
Phil Johnson - R<br />
Don R. Willett – R<br />
<br />
Alas, I will not hold my breath. Why? Because every DA in this state is a member of one of the ruling parties and as I have stated, the law only applies to “those people.” The ruling parties are above the law. <br />
<br />
Franklin stated, upon exiting the Constitutional Convention, that we were given "a Republic, if you can keep it." Our ability to do so is demonstrated above. The Republic is dead. The tree of liberty deserves to be shaken.  <br />
]]></description>
 <category>General</category>
<comments>http://kdtunstall.com/index.php?itemid=24</comments>
 <pubDate>Fri, 3 Oct 2008 09:39:54 -0500</pubDate>
</item><item>
 <title>They Eat Their Own</title>
 <link>http://kdtunstall.com/index.php?itemid=23</link>
<description><![CDATA[Main Entry: can•ni•bal•ism  <br />
Pronunciation: \'ka-ne-be,-li-zem\ <br />
Function: noun <br />
Date: 1796 <br />
1 : the usually ritualistic eating of human flesh by a human being <br />
2 : the eating of the flesh of an animal by another animal of the same kind <br />
3 : an act of cannibalizing something <br />
<br />
As a politically natured person, I watch the actions of not only my own party, but that of our tax subsidized big government adversaries. While I disagree with both of their jingoistic sound-bite sloganeering for the consumption of the masses, I respect their ability to inspire, solidify and expand their bases none the less. <br />
<br />
This week and next we will be treated to infomercials on behalf of the two tax subsidized party candidates. I wait anxiously to see the total cost to the taxpayers for these infomercials. In 2004 the cost was in the neighborhood of $80 million for those in power to provide mass media consumption to the voting electorate. <br />
<br />
The common theme that you will see in these productions is the quest, and often many requests, for unity and solidarity to "defeat" the evil candidate on the other side of the aisle. Their operatives and activists pick themselves up and prepare to work and volunteer for a candidate they did not support in the primary, all for their collective goal of defeating their opponent in the other party. While these "bodies" have not been deliberative for decades, they are the pinnacle and culmination of all the efforts of the party faithful who have labored to get out their message. I can only respect their dedication and ability to unify behind their "cause" though I disagree with their agenda. Then I look at my own house. If ever there was a finer example of a dysfunctional family, I know of no other. I have stood witness as good candidates were "bludgeoned" by the "purity police" leading up to an election. Slander and libel is the commonality here. Though the <i>purity police </i>claim to abhore fraud, they are inclined to engage in such activity as long as it isn't "one of them."<br />
<br />
I hear those who profess that "the media" blacks us out, or that our candidates couldn’t convey "the message" to the electorate, as a reason for electoral losses. Another excuse is that "the playing field isn’t level." These are poor excuses at best and completely off target in reality. Though inequality certainly exists in election codes that protect the incumbent political parties, this myopic view of reality fails to grasp the fundamental issues that plague the libertarian movement. <br />
<br />
My first experience with my party was to witness two party officers engage in a bitter dispute regarding the nominee <b>after </b>the convention. One supported the nominee, the other did not. I was dismayed that within the party structure itself, those who did not support the nominee could not lay down their rhetorical swords, and train their barbed tongues in the direction of the opposition. What is wrong with this picture? <br />
<br />
When I began campaigning for one of our candidates, I watched as activists from other states attacked our candidate in this state. Their reason you ask? He wasn’t "<i>libertarian enough</i>." It did not matter that the candidate had been with the party since it's inception. It did not matter that they agreed with the candidate 98%. That 2% difference was just cause in their view to disseminate libelous statements regarding the candidate so that they could "insure" that he was <b>not the first libertarian elected to national office</b>. How noble is that? <br />
<br />
Years of engagement between the so called "pragmatists" and "purists" in our state has proven that the two factions can work together for common goals, as well as guide and grow the party. We discovered that we desired the same goals. Our differences resided in the approach to achieve those goals. However, we are Texans and as such we pride ourselves in our hospitality, reason and mannerisms.  Philosophy is a great subject for debate. However, we all realize that you cannot govern from a book of theory. <br />
<br />
Now we find ourselves amidst an election for the President of the United States once more. In typical fashion, the caterwauling from the purity police has begun. The candidate "<i>isn’t a true libertarian</i>" is their battle cry. I find myself dismayed once more. One candidate who failed to garner the nomination has decided to run an ‘insurgent’ campaign in an attempt to deny the rightful nominee his place on the ballot. Let us call the kettle black shall we? This is political cannibalism. <br />
<br />
Instead of setting aside our differences and uniting behind a common cause, this faction of ideologues work in an effort to discredit not only the party’s nominee, but the party itself. They demand purity while castigating and denigrating those with which they disagree, no matter how small the degree. Additionally, they accuse these candidates of being  <i>Reform Caucus</i> candidates, though <u>this group does not endorse candidates.</u> It would appear that lying is acceptable to the ideologues.  It is time for this nonsense to end. <br />
<br />
Codified within the bylaws of the party is the ‘purpose’ of the organization. That purpose includes the goal of electing candidates who will move public policy in a libertarian direction and ‘support’ party and affiliate party candidates. Yet, we currently have affiliate <b>party OFFICERS</b> who are actively engaged in activities that subverts the efforts and the will of the National LP delegation. When will enough be enough? When will we see these affiliate party officers brought before the Judicial Committee, and their affiliation stripped? Must we go down that path? Must we call for heads to roll? <br />
<br />
As a former state officer, my job was to support the candidates on both the state and federal level. Like it or not, the national delegation chose Bob Barr as the LP Presidential Candidate. While I do not agree with Bob Barr 100%, I will set aside my differences and work to garner votes for our candidate. Contrast this view with recent actions taken by the defeated candidate (Phillies) against the nominee (Barr). <br />
<br />
Apparently, this affiliate officer feels that it is his job is to destroy the party because he failed to win the nomination. This type of reaction reminds me of a spoiled brat, throwing a temper tantrum because mom told him he couldn’t have a piece of candy. Is this something to be admired? I think not. <br />
<br />
I believe that you are defined by your deeds, not your words. Your actions, not your rhetoric, make you who you are. In this context, we have seen Mr. Phillies demonstrate that he cannot behave at an adult level, choosing instead to act as a spoiled child who didn’t get his way. <br />
<br />
I have asked Mr. Phillies if he would set his differences aside and work in unison with other party members. He refused. He has likened Barr, as a Libertarian candidate, to the <a href="http://www.boston.com/bostonglobe/editorial_opinion/oped/articles/2008/08/15/a_place_on_the_ballot/">“Imperial Wizard of the KKK” being nominated “to lead a party of African Americans.”</a> This comment, quoted often in the press, from a sitting party officer I find repugnant. <br />
<br />
I for one believe that Mr. Phillies, as chair of an affiliate party, and the state party he represents, should be stripped of ‘affiliate’ status and that the state party should be reorganized. In doing so, Mr. Phillies should be barred from ever serving in an official capacity again.  This may seem to be ‘excessive’ to some. However, no other mechanism exists with respect to disciplining an officer of an "affiliate" party. Perhaps, with an eye on the future, we should provide the Judicial Committee the ability to strip the credentials from an individual thus barring them from becoming a delegate. However, that does not exist at this time.<br />
<br />
This action is not meant to ‘stifle dissent.’ On the contrary, it is simply a matter of discipline to correct childish behavior.  Adults will debate. Children will argue, point fingers and utilize pejoratives to belittle their adversaries. I have had the pleasure of watching the LP mature into a viable alternative party. We can ill afford the actions of childish ideologues result in a backlide to irrelevancy. <br />
<br />
You wish to know why LP candidates don’t win elections. Here is a shining example. Some Libertarians feel that they must eat their own. <br />
]]></description>
 <category>National</category>
<comments>http://kdtunstall.com/index.php?itemid=23</comments>
 <pubDate>Fri, 29 Aug 2008 13:48:38 -0500</pubDate>
</item><item>
 <title>Give Me Liberty</title>
 <link>http://kdtunstall.com/index.php?itemid=22</link>
<description><![CDATA[I am often confronted by political detractors stating that my ideas of the Constitution are <i>“quaint”</i> and <i>“outdated.”</i> Indeed, I hold the ideals of the founders of our nation in high esteem. They were not perfect men by any stretch of the imagination, nor the Constitution a perfect document. However, both accomplished something never before realized in history. A nation was born where the framework established that government obeyed the laws of the people, and the people were the sovereigns of a nation. <br />
<br />
These very detractors are often those who promote a concept where the rule of law applies only to those outside their immediate peer group. Regardless of political positions, be they leaning right, left or somewhere outside of the “mainstream,” they promote the concept that government may employ whatever measures necessary to advance their agenda regardless of the ramifications to those who are not in agreement with their goals.  <br />
<br />
<a href="http://kdtunstall.com/index.php?itemid=14#more" target="_blank">Previously, I discussed</a> what the positions of our founders were with respect to “authority” provided to the federal government under the Constitution. The premise that <b>no authority exists outside of those codified under Article I, Section 8</b> can be clearly proven by a simple glance at not only the IX’th and X’th amendments, but the Federalist / Anti-Federalist papers and the individual writings of Madison, Jefferson et al. Why then do proponents of authoritarianism and statism constantly denigrate these positions and promote resistance to lawful authority? Today, we live in a <i>politically correct</i> world where federal authority pervades our lives with malicious intent. Similar to the time when the Alien and Sedition Act was thrust upon our nation, we must remember the response of our most fervent of founding political thinkers. <br />
<br />
Virginia’s response to this egregious assault on liberty was the <a href="http://www.yale.edu/lawweb/avalon/virres.htm" target="_blank">Virginia Resolution of 1798</a> which in parts stated:<br />
<br />
<blockquote><i>That this Assembly doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; <u>as limited by the plain sense and intention of the instrument constituting the compact</u> [the Constitution]</i></blockquote><br />
<br />
and continues<br />
<br />
<blockquote><i>the General Assembly doth particularly protest against the palpable and alarming infractions of the Constitution, in the two late cases of the "Alien and Sedition Acts" passed at the last session of Congress; the first of <u>which exercises a power no where delegated to the federal government</u>, and which by uniting legislative and judicial powers to those of executive, subverts the general principles of free government</i></blockquote><br />
<br />
Kentucky’s followed in short order by producing the <a href="http://www.yale.edu/lawweb/avalon/virres.htm" target="_blank">Kentucky Resolution of 1798</a> which in part stated:<br />
<br />
<blockquote><i>That the several States composing, the United States of America, are not united on the principle of unlimited submission to their general government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, <u>they constituted a general government for special purposes — delegated to that government certain definite powers</u>, reserving, each State to itself, the residuary mass of right to their own self-government and that <u><b>whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force</b></u>.</i></blockquote><br />
<br />
and continued:<br />
<br />
<blockquote><i>That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offenses against the law of nations, and <u>no other crimes, whatsoever</u></i></blockquote><br />
Kentucky felt it necessary to reiterate its position with the <a href="http://www.yale.edu/lawweb/avalon/kenres.htm" target="_blank">Kentucky Resolution of 1799</a> which in part stated:<br />
<br />
<blockquote><i>That if those who administer the general government be permitted to transgress the limits fixed by that compact [the Constitution], <u>by a total disregard to the special delegations of power therein contained</u>, an annihilation of the state governments... will be the inevitable consequence.......</i></blockquote><br />
<br />
I cannot help but wonder what has become of such men (or women) who would don the mantle of leadership and demand that the federal government act within the bounds of the authority granted to it by the individual states. Where are our state elected officials? Where is their leadership? Why do they remain silent regarding such unconstitutional laws such as The Patriot Act (federal spying on the citizens without probable cause or warrant) and the Military Commissions Act (suspension of <i>habeas corpus</i>)? Who will stand up for what is right and lead our people back to our roots of liberty? <br />
<br />
Whenever I engage someone who states “if it isn’t prohibited (federal authority) by the Constitution, then it is legal,” I have the urge to strike out against their ignorance and perfidy. There is a phrase for those who promote resistance to lawful authority [the Constitution]. That phrase is sedition. It is long past the time we call the kettle black and call these nefarious people to task. <br />
<br />
I for one will no longer remain <i>politically correct</i> for to do so only invites further transgressions against our liberty. My creator granted to me such rights as only to be limited and restrained to the extent of violating the equal rights of another. This is the essence of natural rights on which this nation was founded. Those who contend that government grants me my rights I will view as a mortal enemy to liberty. For those who refuse to take a stand on these issues, I am reminded of the following quote by Samuel Adams:<br />
<br />
<blockquote><i><b>“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace.<br />
<br />
We ask not your counsels or your arms.<br />
Crouch down and lick the hands which feed you.<br />
May your chains set lightly upon you, and may posterity forget that you were our countrymen.”</b></i></blockquote><br />
<br />
It is high time that we as a people reject the politics of derision and embrace the mutual goal of returning our nation to its roots of individual liberty and personal responsibility. I ask you to join me in this endeavor. Get involved and make a difference. Challenge those who would rule over us as opposed to representing the interests of the people. Begin by helping clean your own house (locally) and rejecting those moneyed politicians who place the profits of their special interest benefactors above the rights of the people. Look beyond parties and follow the money. Become an informed citizen, for only an informed electorate can be the guardian of liberty. <br />
]]></description>
 <category>General</category>
<comments>http://kdtunstall.com/index.php?itemid=22</comments>
 <pubDate>Fri, 23 Nov 2007 16:20:07 -0600</pubDate>
</item><item>
 <title>University of Houston Speech (Video)</title>
 <link>http://kdtunstall.com/index.php?itemid=21</link>
<description><![CDATA[Someone posted it on youtube. <br />
I need a haircut. <br />
<br />
<object width="425" height="350"><param name="movie" value="http://www.youtube.com/v/1d48RmRkoEg"></param><param name="wmode" value="transparent"></param><embed src="http://www.youtube.com/v/1d48RmRkoEg" type="application/x-shockwave-flash" wmode="transparent" width="425" height="350"></embed></object>You can watch this video on youtube if you are having problems watching from the blog. <br />
Here is the link....<br />
<br />
<a href="http://youtube.com/watch?v=1d48RmRkoEg" target="_blank">YouTube Video</a><br />
<br />
Here is a google video of Willie's presentation:<br />
<br />
<a href="http://video.google.com/videoplay?docid=4380137365762802294&amp;q=William+Rodriguez&amp;total=461&amp;start=0&amp;num=10&amp;so=0&amp;type=search&amp;plindex=0" target="_blank">Google Video</a><br />
<br />
It is about an hour long]]></description>
 <category>General</category>
<comments>http://kdtunstall.com/index.php?itemid=21</comments>
 <pubDate>Tue, 14 Aug 2007 22:40:35 -0500</pubDate>
</item><item>
 <title>University of Houston Speech</title>
 <link>http://kdtunstall.com/index.php?itemid=20</link>
<description><![CDATA[I was recently asked to introduce Mr. William Rodriguez at the University of Houston. Mr. Rodriguez was the last survivor of the WTC to be rescued. He was a custodian in the south tower for 20 years. His story should cast doubt on the current accepted theory of events. However, as with many situations today in America, many ridicule him because he continues to demand answers. Whatever position you may take on an issue, it is always wise to keep an open mind. The following is my introduction speech. <br />
<br />
<blockquote><br />
<br />
It is good to be back at the University of Houston. <br />
It is a place where I wiled away hours of my misspent youth in the QUEST for knowledge, both academic and otherwise. <br />
<br />
I am honored to be here this evening. <br />
It is not often that one has the opportunity to meet, much less introduce a TRUE American hero. <br />
<br />
America today has little resemblance with the nation of my youth. <br />
Liberty has been forsaken in the name of security. <br />
We were once the home of the brave. <br />
Today, we are fed a daily dose of fear by the corporate main stream media.We are told by the media that our “Heroes” should be the likes of Berry Bonds and Kobe Bryant. <br />
While I will agree that excelling in sports may be admirable, it simply can not compare to the common man who faces adversity and exhibits exceptional bravery and fortitude. <br />
<br />
I was taught to believe that TRUTH was the key to maintaining a free society. <br />
Truth in actions or deeds, truth in advertising and truth in government were once important to our people. <br />
Yet, this is not the same country that I grew up in. <br />
These attributes have all but been forgotten. <br />
<br />
Honesty, integrity and pursuit of TRUTH were the most admirable of qualities. <br />
Now, those qualities are the impetus of ridicule, scorn and marginalization by both the ruling elite and their corporate media enablers. <br />
<br />
In their attempt to obfuscate any effort to cast light on certain events, those who seek to advance their agenda will often label those who seek the truth as “conspiracy theorists.”<br />
<br />
This agenda is often antithetical to the concept of liberty itself. <br />
This agenda could even be considered seditious. <br />
For certainly this agenda promotes the resistance to lawful authority, that authority being our constitution and our individual sovereignty.<br />
<br />
Yet, what is the essence of a conspiracy theory? <br />
A conspiracy, an act of conspiring, or an act in harmony towards a common end is a legitimate description of the events that surround September 11th, while a theory is a hypothesis or a conjecture assumed for the sake of investigation. <br />
<br />
Indeed, THE EVENTS PROCLAIMED AS “TRUTH” BY OUR GOVERNMENT, and their corporate media enablers, is a perfect example of a “conspiracy theory. <br />
For, their “theory” has yet to be proven and a conspiracy certainly exists. <br />
<br />
Today we are often faced with difficult decisions. <br />
One such decision is whether to maintain the status quo, or embark on a proclaimed “radical” shift towards our origins of political philosophy. <br />
<br />
Those decisions are often labeled with negative monikers such as “wasted votes” or labeling candidates as not “viable.” <br />
Yet, these monikers are often provided to us by those who promote a “conspiracy theory,” and castigate those who seek only TRUTH. <br />
<br />
I ask you……….do you really trust “THEM?”<br />
<br />
Or, will you educate yourself on the issues, become an informed voter and exercise your duty to protect our Republic from the enemies of both liberty and the indeed the constitution itself?<br />
<br />
Our speaker has shown those exceptional qualities once exalted by our society. <br />
He has certainly paid the price for this exhibition. <br />
Ridiculed by some but not disheartened, he stands before you tonight. <br />
He is a glimmer of hope and resolve. <br />
<br />
He rejected the temptation of becoming part of the problem, and instead elected to strive for the solution. <br />
<br />
Regardless of what you may consider yourself on a political scale, be it left, right or in the middle, we should all seek the same goal, that goal being ACCOUNTABILITY. <br />
For without accountability, we are simply subjects……..to a ruling elite and a nation devolved into ignorance, fear and deceit. <br />
<br />
My battles have involved issues which defend our “personal” liberties against the corporatism that exists and pervades our local politics. This corporatism threatens our very rights of private property, privacy and independence. <br />
Exposing the entrenched special interests and demanding truth has been key to my efforts<br />
<br />
Our speaker battles these very elements on a much larger scale. <br />
With that in mind, I am truly honored to introduce to you a TRUE American hero.<br />
<br />
Mr. William Rodriguez. <br />
</blockquote><br />
<br />
Upon listening to Mr. Rodriquez and his realizing the burden he carries, I have the utmost respect for this man. I would advise everyone to listen or watch some of the videos on the internet of his presentation. He draws no conclusions. He simply is asking the tough questions.]]></description>
 <category>General</category>
<comments>http://kdtunstall.com/index.php?itemid=20</comments>
 <pubDate>Sun, 12 Aug 2007 12:12:35 -0500</pubDate>
</item><item>
 <title>Government Run Amok</title>
 <link>http://kdtunstall.com/index.php?itemid=18</link>
<description><![CDATA[A few days ago, I was asked about my position on a city ordinance that required home and business owners to repair city infrastructure abutting their property. I must admit that I was totally unaware of the ordinance. Upon reading the ordinance, I felt astonished that the city would act with such hostility towards the members of my community. One of my colleagues recommended that I attend a special meeting regarding this ordinance. Upon my discovery of the flagrant property rights violations contained within the measure, I could not refuse.<br />
<br />
I have taken the liberty, as a matter of portraying simple fact, to post the ordinance <a href="http://www.kdtunstall.com/pages/ordinance.htm" target="_blank">on this site.</a> I believe all that visit this site are more than capable of reading and comprehending the "language" contained in the ordinance. I have warned many, that with politicians you must watch what they do and ignore what they say. In this context, our city representatives have failed in their obligation to respect the rights and property of the citizens and attempted to transfer liability away from the city. <br />
<br />
Furthermore, I would like to remind all persons that this is not a matter of preventing blight, abandonment or neglected properties. The issue at hand is <b>who</b> is responsible to repair or maintain city (public) owned property. What follows is the statement I read to the assembly. <blockquote><i><br />
I would like to thank you for the opportunity to address you this evening.<br />
My name is Kevin Tunstall. I am a homeowner in this community and a business owner in Stafford. <br />
<br />
I was made aware of this ordinance only a few days ago. Now, I have studied the ordinance and must agree with the concerned citizens of this community that this ordinance is overtly hostile to both our home and business owners. While I understand the desire to maintain a marketable appearance, this measure has too many problems and too much possibility for abuse.<br />
<br />
Regardless of whether or not the ordinance has been effective, I would like to point out a few flaws I was able to recognize in my short study of the ordinance.<br />
<br />
First and foremost, no member of this community should be forced to pay for the repair of property that they <b>DO NOT OWN.</b> Not only would this be unfair, it could also be construed as a violation of our rights under the Texas Constitution. Money is property. Having money seized without due process, is a violation of the Constitution. Making an appeal, to one who stands to gain from the seizure, can not be considered as due process.<br />
<br />
Second, providing criminal penalties for what is essentially a civil dispute is a tactic utilized by autocratic regimes throughout history. These types of measures almost always target the less affluent. How can a property owner commit a crime when they have not violated the life, rights or property of another?<br />
<br />
Third, the city has given itself the authority to apply liens and foreclose on properties whose owners fail to comply. This provision provides too much power to the government and invites abuse.<br />
<br />
This ordinance perhaps was penned to address blight and neglected property. However, the fact remains that it <b>IS NOT</b> the responsibility of any property owner to repair "infrastructure" that is owned by another.<br />
<br />
I appreciate the council members who have decided to revisit this issue. I simply can not help but question their motives. All council members, excluding Mr. Kolaja voted for this ordinance. However, Mr. Kolaja did not vote against the measure either. Could we be seeing a change of position due to the nearing election cycle?<br />
 <br />
I can only hope that the council will reconsider its current position on this ordinance. However, the time for making that decision is drawing to a close. For if our local government continues to remain this hostile to the property owners of this community, then the voters will be left little recourse than to replace those who have forgotten who they work for. I believe competition to be a good thing.<br />
<br />
Thank You </i></blockquote> <br />
<br />
Some council members seemed understanding of the implications surrounding the issue. However, one council member reacted with contempt towards the concerns of the citizens. He claimed that the ordinance in question had nothing to do with my statement, though evidence proves otherwise. He claimed the issue was about <b>who</b> would pay for sidewalk repairs, though the issue is one of liability. He admitted that <b>SOMETIMES</b> citizens "have valid ideas," as opposed to government employees. I suppose some elected officials no longer consider themselves citizens, but the <i>"ruling elite." </i><br />
<br />
What struck me as especially "haughty" was his statement that we (the citizens) shouldn't mind the increased taxes required to maintain city infrastructure. Additionally, this city council representative implied that we should be grateful that the city allows us to "use" the right-of-way located at the back of our property. Was he implying that the city should be charging rent?<br />
<br />
As a reminder, Missouri City has an image problem. The city imposes higher taxes and more burdensome regulations than our neighboring communities. Recently the city government hired a consulting firm to "revamp" the city's image. Our government wishes to shed the "Misery City" image it now holds. Instead of wasting our hard-earned money on ridiculous endeavors, perhaps our local leaders should look into a mirror to locate the source of the problem. Making the city a more inviting place in which to relocate and live could eliminate the city's negative image and reputation.  There is nothing wrong with the name of our city. There is everything wrong with a bloated unaccountable bureaucracy run amok.]]></description>
 <category>Local</category>
<comments>http://kdtunstall.com/index.php?itemid=18</comments>
 <pubDate>Thu, 8 Feb 2007 15:19:09 -0600</pubDate>
</item><item>
 <title>Response to Digg Post</title>
 <link>http://kdtunstall.com/index.php?itemid=17</link>
<description><![CDATA[I was going to comment on the recent fiasco in Boston regarding the Police vs. LiteBrite advertising, however I found something more interesting. Recently, a poster at <a href="http://digg.com/political_opinion/13_Questions_About_Libertarian_Philosophy#c5050476" target="_blank">digg.com</a> posed the following:<br />
<br />
<blockquote><i><b>I often hear a libertarian ’s opinion on something and end up agreeing. However, I’m still clueless about a lot of libertarian positions, so I’ve posted 13 questions in the first comment. I’m posting this on Digg because it seems a lot of members lean libertarian. The link just takes you to Wikipedia. Thanks for helping me understand.</b></i></blockquote><br />
Then, the poster posed the following questions. I have provided my responses. Mind you, I do not claim to speak for all / any libertarians other than myself. I do, however, believe that my responses are reasonable. Please take the time to comment. <br />
<br />
<blockquote><i><b>Here are my 13 questions about libertarian philosophy. I know that not all libertarians will agree on every issue, and that some questions might even divide libertarians. Also, I know some might seem pointed or hypothetical, but I’m looking for genuine responses. When replying, it could help to indicate whether or not you consider yourself a libertarian as well. Thanks for helping me understand.<br />
<br />
1. Should the federal government protect the environment? Should there be national parks or endangered species laws?</b></i></blockquote>The environment, something that we deem <i>The Commons</i>, is a commodity that must be preserved and protected for future generations. That does not mean that the government should have the authority to condemn the land and take property from the rightful owner. It simply means that government should punish those who damage <i>the commons</i>, as it results in harm to others. <br />
<br />
As a simplistic example consider the following. A factory pollutes both a nearby stream and pumps toxins into the air. Both the air and water flow away from the factory and as a result damage the property and health of others. One could consider this a simple case of trespassing, or one could simply state that the factory is indeed <i>littering </i>on the neighbor’s property (physical) or the commons (air and water). Why then would not government intervene and force the factory to cease and desist in such activity? I would contend that <b>if</b> it is government’s duty to protect the rights and property of the citizens, and a citizen has a right NOT to breathe or drink pollution on their property as a result of the actions of a bad neighbor, then government has authority to intervene. Therefore, they (the factory) can either insure that the air and water that comes to my property does not contain any of their litter (toxins), or they should face criminal prosecution for their actions. <br />
<br />
I would disagree that it is the federal government’s responsibility to act at such a level. There is no authority delegated to the federal government, by the individual states via the constitution, to do so. That does not imply that I would not consider providing the federal government said authority via amendment. I hold the same view with respect to endangered species. It is strictly a state function and would be better served at that level. Ironically, the federal government is the largest polluter in our nation. Yet, they remain immune from regulation. <br />
<br />
While it is true that many libertarians would privatize everything, including parks, I do not fall into that camp. I have traveled extensively in the southern half of our nation (and some northern parts). There is much land that is simply not inhabitable by humans (lack of water). Whether this is federal or state jurisdiction is a question of whether or not the individual state legislature has “sold” the land to the federal government (Article I, Section 8 [17] USC). <br />
<br />
<blockquote><i><b>2. Should food companies be required to list the ingredients on the package? If not, should there be a punishment for printing false information on food product packages, or would the only determent be how customers would react if they found out they were lied to.</b></i></blockquote><br />
Congress has the authority to regulate interstate and international commerce. As such, requiring ingredients to be labeled as a condition to participate in a market, to export and import between the states and nation, is acceptable from my point of view. Publishing false information on a food package is a form of fraud. As such, any and all incidents of this type should be dealt with on a criminal level. Providing sufficient punishment via incarceration and de-capitalization would be a large deterrent to acting in such a fashion. <br />
<br />
<blockquote><i><b>3. I’ve gained enough info to understand that libertarians are against federal drug laws, but what about state or city drug laws? Also, are federal drug laws unconstitutional?</b></i></blockquote><br />
On a philosophical level, what business is it of government what I ingest? However, if the ingestion of any particular substance leads to bad behavior, then we have a different situation. Are federal drug laws unconstitutional? To answer that question, simply attempt to find where in the constitution or amendments that the individual states have delegated this authority to the federal government. As it does not exist (as did the XVIII / XXI amendments), any action by the federal government regulating “drugs” is unconstitutional. <br />
<br />
As far as an individual state regulating the production / dispensing / use of a substance, that would depend on their individual state constitutions. I would personally be opposed to providing government authority over individual use of a substance, provided it was utilized in a responsible manner. I would vehemently agree that any bad behavior as a result of said use should be dealt with firmly and swiftly. As commercial production and dispensing of substances constitutes trade, the government has the authority to regulate these actions. Personal production for self-use is an inalienable right. <br />
<br />
<blockquote><i><b>4. Should there be a post office?</b></i></blockquote><br />
The establishment of post offices is granted to Congress in Article I, Section 8 [7] USC. However, the government should not hold a monopoly on delivery of products. We have seen in my lifetime, the emergence of private companies that provide these types of services (UPS, FedEx, etc.). However, the private sector is prevented from competing with USPS in first and third class mail. This is an unfair advantage and should be resolved. For a very in-depth article including references, please see: <a href="http://www.fee.org/publications/the-freeman/article.asp?aid=3976" target="_blank">www.free.org</a><br />
<br />
<blockquote><i><b>5. Should interstate highways even exist? Furthermore, should there be state-funded roads, or should all roads be ran by companies? Companies provide us with electricity we have to pay for, so why don’t companies provide us with roads we have to pay for.</b></i></blockquote><br />
The authority to establish <i><b>post roads </b></i>is granted to the federal government in the same section mentioned above. As population has grown dramatically, the efficiency of these roads have decreased. The Interstate Highway system, though constitutional, should never be used as a hammer to regulate individual state behavior. This constitutes extortion.<br />
<br />
One need only look at the relation of the federal government and the abuse of state sovereignty, with regard to draconian laws regulating personal behavior, to see the result of this practice. Again, government should not have a monopoly in providing transportation services to the public. <br />
<br />
Additionally, only government holds the power of eminent domain. This power must <b>NEVER </b>be utilized to take from an individual to provide material profit to another. That is why the <i><b>Libertarian Party of Texas</b></i> is fighting against the <i><b>Trans Texas Corridor</b></i> (a.k.a. NAFTA Super Highway). This particular project will create a 400-yard swath through our state establishing an <i>International Free Trade</i> zone where the Constitution need not apply. I could write a whole book on eminent domain abuse, and perhaps will with time. <br />
<br />
<blockquote><i><b>6. Should there be anti-monopoly laws, or should the market take care of itself?</b></i></blockquote><br />
The free market precludes the ability for monopolies to emerge. True competition always reduces cost and fosters innovation. Monopolies are a creation of government. The price fixing associated with monopolies is a form of fraud. History has shown that monopolies have only formed with the assistance of government regulations, which stifle competition. Should there be anti-monopoly laws? I think so. <br />
 <br />
<blockquote><i><b>7. Should any government entity prevent restaurants from serving food or items that are known to be bad for us? A lot of libertarians disagree with the upcoming trans fat ban in NYC, but trans fat is pretty much just bad for us. What if restaurants still served our food on plates with lead paint? It’s bad, but people could chose not to eat there.</b></i></blockquote><br />
Government’s function is to protect the <b>RIGHTS</b> and <b>PROPERTY</b> of the citizens and resolve disputes. It has no authority to govern personal behavior until that behavior violates the life, rights or property of another. The restaurant in which you dine is the private property of the owner. As the restaurant owner is not violating the rights or property of another, why is government involved? As an adult, I am perfectly capable of making a decision on what / how much to eat.  I know that pissing on an electric fence could be detrimental to my health. However, even I have the right to be an idiot if I wish. <br />
 <br />
<blockquote><i><b>8. I’ve gathered that libertarians don’t like seatbelt laws, but should there be laws requiring parents to make their children under 18 wear seatbelts? With that said, should it still be illegal for parents to give children alcohol?</b></i></blockquote><br />
Does the government own my children? My job as a parent is very similar to government’s relationship to me. I am the protector of my child’s rights until they reach the age of accountability. A child has a right not to be abused or exploited. So too a parent has a responsibility to provide a safe and nurturing environment for their children. The decision on when / how to allow a child to drink, while the purview of the parent, can also fall into the abused or exploited category. <br />
<br />
As an example, we see that Europeans serving wine with water to their children quite early. Would one contend that European children are somehow decedent or degenerates because of this? Of course not. Would one contend that European parents are by nature abusive towards their children? Statistics indicate the opposite. If the child were to become intoxicated, then I would consider that abusive. That said, I had my first beer upon graduating eighth grade at a campout. My parents, however, were unaware. <br />
<br />
Back then, there were no criminal penalties for allowing a minor to have a drink at a bar as long as their parent was present and the child and parent remained sober. I must admit that on occasion I did visit such establishments and if lucky (I considered), might be served <b>a </b>beer or glass of wine. This is where I learned the skills of Backgammon and Billiards, which in turn provided me the means of paying for college. It is again a situation where government is regulating personal actions on the premise that it "might" lead to bad behavior. Governmental authority only begins at the point where bad behavior is initiated.  <br />
<br />
<blockquote><i><b>9. Should there be laws that say where guns are allowed, or should it be up to the owner of the place?</b></i></blockquote><br />
The federal government has absolutely no authority to regulate “arms.” Depending on the constitutions of an individual state will dictate whether the people have delegated this authority to their local government. In Texas, the state government only has authority to <i><b>“regulate the wearing of arms, with a view to prevent crime.”</b> </i>Unless I am violating the rights or property of another, the government should stay out of my business.  <br />
<br />
I once asked a friend from California if she felt she had a “right” to know how many guns I owned though I lived in Texas. She responded that she did indeed feel she had that right to breach my privacy. I asked her, on the same token, if she felt I should have the right to know whom she slept with, how often, when and where? She claimed that her “personal” life was a matter of privacy. If I am not violating the right of another, is this not hypocrisy? The bottom line is that no one has a right to interfere with the equal rights of another. <br />
<br />
<blockquote><i><b>10. Should there be public education systems, or should all schools be private? I’m sure some charity would open free schools, but they wouldn’t be ran by any sort of government</b></i></blockquote><br />
Again, this is a constitutional matter. The federal government has no authority to regulate education. However, and obviously depending on the individual state, some do have authority to provide education. In Texas, this is found under Article 7. <br />
<br />
Like post offices and roads, government should not hold a monopoly on these areas of our lives. Private schools have a much better rate of success than government ran facilities. Referring back to my obligations as a parent, providing my child with an education is my responsibility. My oldest child has attended public education for 5 years. It will be her last year until she reaches high school. The middle school in my neighborhood is simply not a safe environment. Nor are the majority of the students even members of my community. Now, do you think it fair for me to be taxed for running this dangerous facility while paying private tuition to educate my child? <br />
<br />
The core of this issue is parental rights and responsibilities. Government run facilities provide fundamental or basic education while private entities tend to teach critical thinking abilities. Additionally, government run facilities indoctrinate children to believing that government provides them with their rights and can freely take them away as opposed to rights being inalienable with government being responsible for protecting those rights. <br />
<br />
<blockquote><i><b>11. Should it be illegal for an employer to discriminate by race when hiring?</b></i></blockquote><br />
Government can not regulate the hearts and minds of men. Attempting to do so will only foster resentment and entrench the positions of those who it proposes to regulate. It can, however, insure discrimination is absent from companies who seek to do business with the government as a condition to receiving a contract.<br />
<br />
<blockquote><i><b>12. Libertarians seem to hold private property in high value. Should people be allowed to own airspace?</b></i></blockquote><br />
In my opinion, no. These are what I consider the commons. <br />
<br />
<blockquote><i><b>13. If our society were truly libertarian, what type of legislation would congress work on?</b></i></blockquote><br />
My top ten are the following:<br />
<br />
<ul><br />
<li>Requiring a declaration of war to initiate military force.</li><br />
<li>Ending eminent domain abuse</li><br />
<li>Eliminate unconstitutional spending thus drastically reducing the budget.</li><br />
<li>End corporate personage.</li><br />
<li>Repeal of the XVI’th amendment and replace all current taxes with an excise tax such as the <a href="http://www.apttax.com" target="_blank"> Automated Payment Transaction Tax.</a></li><br />
<li>Return all criminal matters to the states. </li><br />
<li>End corporate welfare.</li><br />
<li>Investigate and punish governmental abuse. </li><br />
<li>Put an end to NAFTA, CAFTA, FTAA, WTO and other “agreements” that breach our sovereignty.</li> <br />
<li>Get rid of the IRS and the Federal Reserve.</li><br />
</ul> <br />
<br />
I can come up with much more. <br />
<br />
Thomas Jefferson perhaps summed it up the best when he said <b><i>“No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him. ...the idea is quite unfounded that on entering into society we give up any natural rights.”</i></b> <br />
<br />
One must also understand that there are two basic factions of the Libertarian Party. On one hand you have the anarcho-capitalists. On the other hand, you have the pragmatists and constitutionalists. Both factions wish as little governmental intrusion in our personal lives as possible. However, we have very different ideas on how to achieve this goal. <br />
<br />
Most of the problems that our society faces today could be resolved or greatly reduced if we simply adhered to the wisdom codified by our founding fathers in the Constitution. Though not perfect, it is perhaps the closest we have yet to come with respect to guarding individual liberty. I do not look to government to solve my problems or provide for my family. I look to government only to protect my rights and property and to resolve disputes that may arise as a result of interaction with others. <br />
<br />
As always, your comments will be appreciated. <br />
]]></description>
 <category>General</category>
<comments>http://kdtunstall.com/index.php?itemid=17</comments>
 <pubDate>Fri, 2 Feb 2007 12:40:05 -0600</pubDate>
</item><item>
 <title>Recent Solicitation</title>
 <link>http://kdtunstall.com/index.php?itemid=16</link>
<description><![CDATA[As a small business owner, I frequently receive solicitations from various groups. This particular solicitation, I felt deserved to be exposed for the edification of the public. The Republican Party is solely responsible for the sad state of my industry due to their support for increased regulations and their favoring large corporations over the small business owners. Portions of this conversation were actually recoded as I was awaiting a call from the appeals judge. I have changed the name of the caller to protect her identity. I hope you enjoy this as much as I enjoyed reciting it over the phone. <blockquote><br />
Julie: Hello, this is Julie Lee with the NRCC (National Republican Congressional Committee). I am working with Congressman Tom Cole and would like to speak to Mr. Tunstall. <br />
<br />
KT: Speaking, may I help you?<br />
<br />
JL: Mr. Tunstall?<br />
<br />
KT: Yes?<br />
<br />
JL: This is Julie Lee with the NRCC. I am calling today on behalf of Congressman Cole, the chairman of the NRCC, regarding government regulations and their effect on small business leaders in your community. <br />
<br />
KT: OK<br />
<br />
JL: I have a recorded message from Congressman Cole, could you spare a few minutes to listen? <br />
<br />
KT: Sure<br />
<br />
<blockquote><br />
<i><br />
Hi, my name is Tom Cole, head of the NRCC, and I am reaching out to small business owners who would like to affect the amount of regulations imposed upon them by Congress. We are seeking conservative business owners, such as yourself, with experience and integrity to help guide our congressional delegation with regard to their must urgent concerns of how regulation affects their ability to compete in today's economy. We value your input and hope that your contribution will guide our current and future congressional members as they write legislation affecting your ability to run your business.<br />
</i></blockquote><br />
<br />
JL: Hello Mr. Tunstall?<br />
<br />
KT: Yes<br />
<br />
JL: Did you listen to the recording?<br />
<br />
KT: Yes I did<br />
<br />
JL: We would like to extend an invitation to serve as "Honorary Chairman" of our "Small Business Advisory Panel" for Texas. As such, you would be able to participate in our congressional surveys, have your name printed in the Wall Street Journal and be invited to attend the Presidential Dinner to honor small business owners, the fastest growing sector of the American economy. Would you be interested?<br />
<br />
KT: What does it require?<br />
<br />
JL:  Participation is not required but would be appreciated. <br />
<br />
KT: How much does it cost?<br />
<br />
JL:  There is no required cost Mr. Tunstall, we simply ask that you assist in sponsoring the full page advertisement in the Wall Street Journal. For your small contribution of $300, you will receive a signed picture of the president, a thank you letter from Mr. Cole, a ceremonial gavel as the Honorary State Chairman, engraved with your name and . All of which may be displayed proudly in your office.  You will also receive our monthly newsletter. <br />
<br />
KT: Ms. Lee, may I call you Julie?<br />
<br />
JL: Yes sir<br />
<br />
KT: Let me explain a bit about myself so you may understand a bit better where I am coming from. <br />
<br />
JL: OK<br />
<br />
KT: I have worked in the healthcare industry for 16 years and my industry has undergone a drastic series of increased regulations imposed by the previous Republican congress. They've not only made the industry non-profitable, but their latest regulation will in effect force 2/3 of the providers in my sector out of business by the end of this year. So please explain to me, if you will, why I should support a group of so called "conservatives" who have increased the size of government, increased burdensome regulations, increased the national debt and are currently trying to bankrupt my family? <br />
<br />
JL: Uhhhh…..well that is why we need voices such as yours on our advisory board.<br />
<br />
KT: Oh please Julie, allow me to continue. <br />
You see, I submitted my application to have "permission" to be paid for the services that I am required to provide under law in July of last year. Since that time, I have been denied that "permission" yet I remain obligated, under federal law, to continue to provide those very same services without hope of compensation. Now, I don't mind running a "non-profit" entity. However, don't you think it would at least be fair if I were compensated for the cost of the products and services that I am required to provide? <br />
<br />
JL: Yes sir.<br />
<br />
KT: Furthermore, I am not new to politics. You see, I worked on Congressman Ron Paul's last campaign. I know the difference between a true conservative and those who simply pay lip service to small business owners while empowering their "publicly-traded" competitors with regulations intended to stifle competition and innovation. That is why I left the GOP and joined the only party that is principled to the concept of smaller government, less regulation and might I add Constitutional compliance. I am not only a business owner, a political activist, but I am also the Vice-Chairman of the Libertarian Party of the State of Texas. Now, don't you believe that there might be a conflict of interest for me to provide financial assistance to a group who has burdened my industry with more regulations, runs candidates who are opposed to the concepts embodied in the Constitution and has completely turned their backs on the ideals promoted by Berry Goldwater and Ronald Reagan? <br />
<br />
JL: Again, Mr. Tunstall that is why your opinion means so much to us. <br />
<br />
KT: Well Julie I'll make this deal for you and you can accept it for what it is worth. I do not mind giving you my "opinions" and I will provide you with honest answers based upon my experience and knowledge of my industry. However, I cannot provide financial support to a group that I am actively engaged against in a struggle to financially survive. I will not provide financial assistance to a group, who has tried to destroy the Constitution, makes deals with our enemies and wishes to enslave my children. If you can accept these terms then I'll be glad to participate. <br />
<br />
JL: Thank you very much Mr. Tunstall. If you'll go to this website and register, you can begin voicing your opinion today. <br />
</blockquote><br />
<br />
Julie then provided me with the necessary information to begin "voicing my concerns" to her corporate masters. Don't ask me how I was able to speak so eloquently on the fly. Perhaps those public speaking engagements are helping me with my diction. I have been known to cross the party line in the past. No doubt I will do so in the future. However, I will only support candidates that uphold their oath of office. Currently, there is only one such man. <br />
<br />
What have we become when we can no longer engage in peaceful trade without permission from the government? Is that not by definition of Socialism?  I can only hope that my struggle with the government does not end in financial disaster for my family. I am not confident of that possibility at this point. I grow tired of those who would steal from me in order to provide favors to others. They say that karma is a bitch and paybacks will be hell. Only time will tell. <br />
]]></description>
 <category>National</category>
<comments>http://kdtunstall.com/index.php?itemid=16</comments>
 <pubDate>Thu, 25 Jan 2007 20:16:16 -0600</pubDate>
</item><item>
 <title>Growing Pains</title>
 <link>http://kdtunstall.com/index.php?itemid=15</link>
<description><![CDATA[I wanted to pen my thoughts on my recent experience with the Smither Campaign. I was reluctant to do so at any point until this time as I still am suffering from burnout. With the debate raging as to whether the LP can be successful at running candidate, I have decided once more to enter the fray and voice my opinion. I hope this will lead to a more educated discussion with regard to success versus failure in future endeavors. <br />
<br />
I find it troubling that one of the founders of the party, Mr. Nolan, felt obliged to denigrate those in the party who work towards making the LP a relevant faction of the American Body Politic. I dislike the notion of being at odds with one of the founders of the political party which I belong, yet felt compelled to refute the position which he is promoting. We all know that there are elements within the libertarian movement who would relegate activities based solely upon spreading philosophy. Likewise, another faction would have us work solely on electoral success. I contend that it will take both in order to gain any success whatsoever. <br />
<br />
What I find very puzzling about Mr. Nolan’s position is his apparent contradiction. Mr. Nolan proposed at the Ohio Libertarian Convention in June 2006 that the mission statement should read as such: <br />
<br />
<blockquote>“The mission of the Libertarian Party is to move public policy in a libertarian direction by building a network of pro-freedom activists who can effectively support positive policy changes and oppose negative changes by working within the political process on an issue-by-issue basis.” <sup>1</sup></blockquote><br />
<br />
How then, may I inquire, would Mr. Nolan propose to “move public policy…. within the political process?” I have often posed this same question to members of the anarcho-purist sect of the LP and have yet to receive a satisfactory answer. The solutions I have received were generally based upon “educating the people” on libertarian philosophy. Yet, the Libertarian Party has done exactly that for the past 35 years with scant success. <br />
<br />
Mr. Nolan opines that:<br />
<br />
<blockquote>“I noted that while the LP grew steadily, and at an accelerating pace, up through the year 2000, membership and revenues have declined markedly since then. If our prior growth pattern had continued, our membership today would be at least double what it was six years ago. In reality, it is barely half as large. Clearly, some of the fall-off was caused by the events of 9/11/2001, but we can’t use that excuse forever!” <sup>2</sup></blockquote><br />
<br />
I would contend that this is a direct result of “preaching” to the masses as opposed to running qualified candidates and strategic campaigns. Additionally, Mr. Nolan provides specious statistics. His figures are based upon individuals who paid dues to the LNC over that same period of time. True, the number of dues paying members peaked in 1999 at 33495. It has contracted since that time especially in consideration that “dues” are no longer imposed on members of the party. I suppose if we utilized this methodology today, we could state that the LP has NO members, but we all know that a statement to that effect would not be accurate. <br />
<br />
Mr. Nolan continues:<br />
<br />
<blockquote>“I next noted that from the very beginning, the LP was intended primarily as a vehicle for building a network of activists and spreading libertarian ideas to the American public. Back in 1971 I listed seven reasons to form a libertarian political party, and electing people to office was the last item on the list – almost an afterthought.”<sup>3</sup></blockquote><br />
<br />
While this position is correct within the framework of a fledgling organization, I would hope that everyone agrees that the Libertarian Party has grown since 1971. Again, I would simply ask, how do we move “public policy” into a libertarian direction without actually electing people to office? <br />
<br />
This apparent conflict in ideals I will pen the term “The Nolan Paradox.” It reminds me of my daughter expressing her desire to be treated as an adult. However, upon reaching the age where responsibilities begin, she now longs for the days when she could simply spend her days in carefree distractions. I will come back to this mindset in due course. <br />
<br />
In a recent article at rationalreview.com Mr. Nolan continues promoting his theory.  He pontificates that:<br />
<br />
<blockquote>“This is a success rate of about 1.3%. It is fairly typical of how we do, year after year. And yet a vociferous faction within the LP continues to say that our "primary mission" is to elect people to office.”<sup>4</sup></blockquote><br />
<br />
I will agree that this is typical. However, I will not agree on the cause of the results. I would state that it is typical in that the same tactic of “preaching philosophy” has been employed with little to no success. Additionally, when we do see viable campaigns emerge, we often find the candidate under attack by the anarcho-purist element within the LP itself. I have a whole list of people that sent me hate mail throughout the campaign, demanding that the candidate make a statement on this position or that. Failure to comply meant that you were not libertarian enough and the libelous attacks across the net would begin shortly thereafter. <br />
<br />
Expanding on this train of thought, Mr. Nolan continues: <br />
<br />
<blockquote>“This, I will submit, is stupid. When you define your mission as something you're not good at, people stop taking you seriously after awhile. They conclude that you are either delusional or dishonest”<sup>5</sup></blockquote><br />
<br />
I would agree with Mr. Nolan that many libertarians are “not good at” running campaigns. They are neophytes in that sense. However, there are others that do quite well. To refute this presumption, one need only look at the resent LP results in Texas. The “signature” candidate raised and spent around $50,000 and received 6.1% of the vote in what can only be considered a three-way race. Though the “official” GOP candidate was a write-in, the electronic voting machines made it very simple to execute that choice. The same candidate received 18.9% in the special election. <br />
<br />
These types of candidates are those that “boost” the party’s election totals. Compare that with the 2% that Mr. Nolan received and you may understand my angst when I read opinion such as his. Mr. Nolan comes to the conclusion that:<br />
<br />
<blockquote>“It is time for us to recognize, as we once did, that for the foreseeable future the primary mission of the Libertarian Party is NOT electing people to office.”<sup>6</sup></blockquote><br />
<br />
I will whole-heartedly disagree with this statement. I am not interested in being in a philosophy club or a debating society. I am here to attempt to move public policy towards libertarian philosophy. However, unlike Mr. Nolan, I understand that unless you have the ability to change the policy by having libertarians in office, then the steady march towards despotism will continue to be the result. The belief that the masses will convert upon hearing libertarian philosophy has a tried and true track record of failure. <br />
<br />
If you recall, I mentioned my daughter’s desire to revert to the age of play and no responsibility? I observe her make mistakes and become frustrated when she is not proficient at certain tasks. With time, she masters an activity and moves on to more difficult items. I would like to think that the LP is exhibiting signs of maturity in the past few years. Sure, there are those who will view years gone by with nostalgia. I can even appreciate their opinions and points of view, at least on a philosophical basis. I am relieved, however, that the “dead hand of the past” is no longer steering the rudder. <br />
<br />
<br />
1. <a href="http://www.ernesthancock.com/archive/?2006-06-18-Bonus" target="_blank">Nolan's speech</a><br />
2. ibid <br />
3. ibid<br />
4. <a href="http://www.rationalreview.com/content/20701 target="_blank">RationalReview.com</a><br />
5. ibid<br />
6. ibid<br />
]]></description>
 <category>National</category>
<comments>http://kdtunstall.com/index.php?itemid=15</comments>
 <pubDate>Mon, 18 Dec 2006 14:12:29 -0600</pubDate>
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  </channel>
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