What Difference Does it Make?

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This year’s election is history. The epitaph can be summed up from a plethora of citizens offering lame excuses why they didn’t vote. "What difference does it make?!"

Consider that approximately 18% of registered voters cast their ballot. Elections are usually won with a little over 50%, which equates to 9% of registered voters getting what they wanted. So 91% of eligible voters are governed by the wishes of the other 9%.

Our state elected officials take an oath to defend the federal and state constitutions. And yet…

US Constitution Amendment IV, "The right of people to be secure in their houses shall not be violated"; PA Constitution Art. I, Sec 1 – "All men have the inherent and indefeasible right of acquiring, possessing and protecting property". Based on the federal constitution, amendment IV and the state constitution Art. 1, one must conclude that property tax is unconstitutional.

However, when reviewing PA constitution, Art. VIII – "All taxes shall be uniform, upon the same class of subjects". While it does not specifically state the tax is to be levied on property, it is by presumption authorization to levy tax on property. It then continues by listing a series of exceptions to property tax. This not only presents the argument that not only does the state constitution violate the guarantees by the federal constitution; it is actually in conflict with its own statues. Property owners are clearly singled out as a separate class of people. This is discriminatory at best and violation of a civil right at worst.

PA Supreme Court opinion, Erdman vs. Mitchell 1903. The court held that "Under the declaration of rights of the constitution of Pennsylvania, the rights of a workman to the free use of his hands is a right which neither the legislature or a trade union can take from him, and one which it is the bounded duty of the courts to protect." PA Constitution Art. I, sec 1 – all men are born equally free and independent, and have inherent and indefeasible rights, among those are enjoying life and liberty. Sec 26 states- the Commonwealth shall not deny to any person the enjoyment of any civil right, nor discriminate against any person in the exercise of any civil right. Is there a more basic right than providing for one’s family without being coerced or compelled to belong and financially support any organization with the consequence of termination by refusing to do so? Not having a Right to Work law is unconstitutional for our state.

PA constitution Art II, sec 8. – "Members of the General Assembly shall receive salary and mileage and no other compensation whatever". It also states that "Members of either house shall, during the term he may have been elected, may not receive any increase in salary" (COLA). When I questioned Lt. Governor Jim Cawley in a public meeting how elected officials are entitled to pensions, let alone their fifty percent increase and the 41 billion dollar short fall the taxpayers will make up his researched follow up response was quite perplexing. He cited the 2009 case of Stilp vs. Commonwealth whereby the Supreme Court held that Art. II, Sec 8 did not specifically prohibit benefits, therefore pensions are constitutional. I find it curious that the court would not interpret pensions as "no other compensation whatever". This would appear to be a flagrant stretch of power to justify a decision in denial of the constitution they are to uphold. One could argue that rather than the court upholding the PA constitution, they were, in fact, complicit in violating it.

The same arguments can be made regarding midnight pay raises or annual COLA.
How do these officials continue to get reelected?

I would suggest that the 9% of the voters that are electing our government officials have no more understanding or concern of what happens in Harrisburg than the 82% that traditionally do not vote.

More egregious is that those that are elected and take an oath to defend the state and federal constitutions, out of ignorance or defiance, fail to honor that oath and our constitutional protections from government tyranny. No matter the reason, we are rapidly moving away from the representative republic our founding fathers gave us and thousands since died to protect, but, is one that voters (and non voters) are obligated, but failing, to pass on to the next generation.

Sadly, I guess, to paraphrase Hillary Clinton with regard to voting, "What difference does it make"?

Rod Miller
Berks County Patriots