THE "PORK" IN NEW YORK, Thoughts of an older American on Constitutional Government in the USA Options

[Livyjr]

Good morning, America .....

And the candid world, as well ....

My name is Livyjr ....

And way back when ....

In the opening days of this forum .....

Right after the November 2004 elections, to be exact ....

I was reading a book entitled The Power of Many by Christian Crumlish ....

Who himself had experience with the use of the internet as a real professional "tool" for communications among separate and disparate groups of people in the world during the Dean Campaign ....

And one of the many points that he made to me in that book ....

Was the level of difficulty that the Dean campaign had in translating communications on the internet ....

INTO ACTION ....

Out there in the REAL WORLD ....

The world that we all exist in in our physical forms ....

As opposed to "in here" ....

Where we all are imaginary, in many senses .....

OTHER THAN OUR WORDS ....

On a piece of virtual paper .....

And being an older American myself ....

Although far from the oldest in here .....

Where at least two members are in their eighties ...

I have a lot of thoughts ....

ON WHERE OUR AMERICA is going ....

And by that, I don't mean with respect to how people look or dress or talk ....

Since those things are always changing, anyway ....

Rather, my concerns have to do with that thing called CONSTITUTIONAL GOVERNMENT ....

Here in OUR America .....

Which I do not believe ....

From my interactions with my fellow Americans over time ....

Is very well understood ....

And here ....

I mean the fact ....

(OR IS IT, REALLY?)

That OUR state and federal CONSTITUTIONS ....

ARE ACTUALLY LAWS .....

ORGANIC LAWS .....

That bind OUR governments .....

State and federal, as well as local ....

To certain STANDARDS OF CONDUCT .....

ON BEHALF OF US ....

The PEOPLE of OUR America .....

Today ....

If you went up to someone ....

And you said to them ....

"You know, we really are the government here in OUR America ..."

Many of them would immediately make warding gestures .....

As if you were the devil out to tempt them ....

And they would likely say, "LEAVE ME OUT OF THAT ..."

"I DON'T WANT TO BE INVOLVED ..."

And that would be that .....

Literally ....

End of the conversation ....

AND PERHAPS ....

As a result ....

THE END OF CONSTITUTIONAL GOVERNMENT ....

Here in OUR America ...

And perhaps, America .....

IT REALLY IS TIME FOR THAT, I SUPPOSE ......

PERHAPS THERE REALLY ARE TOO MANY OF US ....

FOR ANY OF US TO HAVE A SAY, ANYMORE ....

AND PERHAPS, AMERICA ....

WE REALLY DO NEED TO BE RULED ....

BY RULERS WITHOUT CONSTITUTIONAL CONSTRAINTS PLACED ON THEM ....

BY THE PEOPLE ...

SINCE WE JUST MAY BE TOO IGNORANT .....

TO PLAY ANY ROLE IN SELF-GOVERNMENT, ANYMORE ....

And so .....

That is the THEME of this particular thead .....

Which I am starting up at this time ....

Because I did not want to try and deal with this issue over in my Life in OUR America thread ....

Which is really concerned with the "flow" of life .....

Here in OUR America ....

And the world ....

As it is happening ...

And so .....

Is more dynamic ....

Than this thread intends to be ....

And so ....

In this thread ....

I am going to be taking news items from the State of New York ....

Where I reside ....

On the subject of GOVERNMENTAL REFORM ....

Which is THE SUBJECT today in the State of New York .....

WHICH IS ONE OF THE LEAST DEMOCRATIC STATES IN THE UNITED STATES TODAY ....

MORE RESEMBLING SOME EASTERN EUROPEAN NATION DURING THE 1930's and early-1940's ....

Romania or Hungary, perhaps ....

Than a MODERN AMERICAN STATE ....

WITH A CONSTITUTION ....

Intended to secure the BLESSINGS OF LIBERTY ...

To the people of the State ....

And so ....

[Livyjr]

And here is where my "thought-stream" in here will start .....

"Budget reform trims 'pork' - Spitzer unveils deal with legislative leaders to end secretive spending, make process more transparent"

By ELIZABETH BENJAMIN, Capitol bureau, Albany, New York Times Union

First published: Wednesday, January 17, 2007

ALBANY -- The state's top leaders on Tuesday announced a budget reform pact aimed at addressing years of criticism, and making spending -- including legislative 'pork' -- less secretive.

Gov. Eliot Spitzer said he and legislative leaders believe the changes "confront and deal with virtually all of the government reform proposals that have been out there proposed by good government groups over the years."

Under Spitzer's agreement with Senate Majority Leader Joseph L. Bruno, R-Brunswick, and Assembly Speaker Sheldon Silver, D-Manhattan, there will be no unallocated lump sums of so-called "pork," state grants known as member items, included in the budget the governor will propose on Jan. 31.

All legislative grants to nonprofit organizations or other entities that traditionally received member items will be listed in the budget, detailing both where the money is going and for what purpose.

Whether or not the names of the legislators who requested an item will be made public was not addressed in this agreement, Spitzer said.

Last year, however, the Times Union won a lawsuit forcing the Legislature to reveal which lawmakers sponsored individual grants.

Traditionally, each house gets $85 million and the governor gets $30 million.

Spitzer said he will be giving up his share of member item money, although state agencies and authorities, most of which he controls, will continue to receive discretionary funds.

While cautioning that as an incoming administration "there has been limited time this year for us to get around the enormity of this budget," Spitzer said, "It is my pledge to the public that we will provide the maximum transparency possible."

Other changes under the deal:

If the governor and Legislature cannot reach an agreement on revenues by March 1, the state comptroller will come up with a figure that, by March 5, will be binding.

The current date for agreement on revenues is March 10.

There must be a schedule in place within 10 days of the governor's budget proposal for joint conference committee meetings.

The governor has 21 days, rather than 30, to submit budget amendments.

Legislators will be given a summary of amendments so they have some idea of what they're voting on beforehand.

The governor will be responsible for detailing in his budget proposal welfare and Environmental Protection Fund spending, something not currently done.

"Quick start" budget discussions will be required each November and quarterly meetings between the executive and legislative branches will be held thereafter.

Multiyear financial plans will detail the long-term impact of the budget on local governments.

"The shell game of burden shifting will not be allowed to continue," Spitzer said.

Bruno said some things the Senate has advocated are not being done, but called it "a tremendous step for openness, responsiveness, transparency" and "one of the most important things that we can do to open up the budget process."

"The people have a right to know where every dollar that comes in ... where that money goes," Bruno said.

"Ultimately, every dollar of taxpayers' money should be accounted for."

Silver said Assembly Democrats have been pushing for many of these changes for some time, but were stymied by Pataki's administration.

The agreement to itemize member items actually returns the process for budgeting this money to the pre-1999 practice.

That was the year when lawmakers, angered over former Gov. George Pataki's selective vetoes of member items, went the lump sum route in order to protect their funds.

Pataki was particularly harsh with Assembly Democrats' priorities.

"Clearly we need to move the budget process to the 21st century," Silver said.

"With this agreement I believe we are doing exactly that."

"Furthermore we are restoring the historic balance between the legislative and executive branches ... where we once dealt with vetoes and veto overrides we are now embracing consensus and respect."

One government watchdog praised the deal and the consensus that brought it about.

"This is an extension of a honeymoon that we hope never ends," said Barbara Bartoletti of the League of Women Voters.

"We'll see how the budget process proceeds under these reforms."

"It sounds good."

"Now they just have to live up to it."

Another observer, however, was less impressed, saying that conference committees typically only agreed to what leaders negotiated privately.

"In general, this list of items, while not objectionable, they're not sweeping, much less transformational," E.J. McMahon, an analyst at the Manhattan Institute, a conservative think tank, told Gannett News Service.

"If they're implying that they've fixed everything with these steps, it's a real disappointment."

Elizabeth Benjamin can be reached at 454-5081 or by e-mail at ebenjamin@timesunion.com.

[Livyjr]

And for those of you who are just joining in here ....

By way of background .....

Because CONTEXT is important .....

It can be accurately said ......

Or stated .....

That the "path" to this thread ....

Comes in from many directions ....

ALL OF THEM FACTUAL ...

Which is to say ....

Backed up by some type of independent evidence ....

AND ALL OF THEM PUBLIC RECORD ....

In the State of New York ....

Which is to say ...

This thread is not based on supposition .....

Or innuendo ....

Statements made and conclusions drawn in this thread are done so based upon the record to be developed in here ....

And so ...

And one of those directions ....

Is stated in the public record ....

In the following recent news item ....

From the pages of the Albany, New York Times Union ....

The newspaper of record for the capital city of the State of New York ....

And so ....

Without further ado ...

"Feeding off taxpayers no crime, lawyer says - Cronyism, big spending called usual government practice at Strevell trial"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Thursday, January 18, 2007

ALBANY -- A defense lawyer for the Rensselaer County entrepreneur whose organization got more than $1 million in member item grants directed by Sen. Joseph L. Bruno is arguing in federal court that dishonesty isn't necessarily a federal offense.

William P. Fanciullo, lawyer for J. Felix Strevell, the former director of the now-defunct Institute for Entrepreneurship, also said that Strevell's actions, including putting relatives on the state payroll, were normal practices in government.

Fanciullo asserted that the U.S. attorney's case against Strevell is full of allegations that should not be classified as federal crimes.

In his motion to dismiss the federal case, he suggested that by the prosecution's logic, state employees could be hauled to court for taking a sick day to play golf.

"According to the indictment it has become a felony to have a conflict of interest," says Fanciullo.

"Any 'dishonesty,' any state law violation, connected to employment, coupled with mailing or wire, becomes a federal felony."

Strevell is charged with nine counts of mail fraud and six counts of wire fraud.

The case before U.S. District Court Justice Gary L. Sharpe centers on Strevell's lavish spending on himself and on parties that honored lawmakers who helped him get public money.

Among its funding sources, the institute received two $500,000 discretionary grants, known as member items, through Bruno in 1999 and 2001.

Strevell allegedly misused some of the $8 million in mostly taxpayer funds raised by the institute during his reign from 1998 to 2001, when he and his brother, Chauncey, the former chief operating officer, abruptly quit.

While at the institute, Strevell hired friends, relatives of powerful Republicans, his daughter and his daughter's boyfriend.

He also used institute funds to purchase clothing and trips for himself and family members.

The institute's activities, revealed by the Times Union, became an embarrassment for Republican leaders who had supported it, including Bruno, R-Brunswick, Gov. George Pataki and his administration, and former U.S. Rep. John Sweeney, R-Clifton Park.

Prosecutors say Strevell, a former state bureaucrat, manipulated the system to set up the nonprofit institute as an offshoot of state government.

He worked to improperly enrich himself and his family, the indictment says, receiving a base salary of $225,000 plus $24,000 for a housing stipend, trips for family members and merchandise for his personal use, including a $64,000 recreational vehicle.

Strevell also allegedly doctored the record of a board vote that resulted in his pay rising by $95,000.

Fanciullo said Strevell's management of the institute followed normal and accepted practices of government, including the hiring of kin, and that the salary vote was legitimate.

In his motion to dismiss, Fanciullo attached a deposition from Chauncey Strevell saying he and two other members of the board, Jeffrey Pfiel and Georgette Mosbacher, voted to approve the raise.

He said the other two board members, including another Strevell brother, Felix, and Joseph Magno, abstained.

Assistant U.S. Attorney Sara Lord, in her response to the court, said Fanciullo used "wildly hypothetical" situations to demonstrate unsuitable prosecutions.

She added that mail fraud is a legitimate charge because Strevell used the mail to conduct his alleged frauds.

M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.

[Snuffysmith]

Liv - I hope you will broaden this topic beyond New York. Thought you might find the following useful from Wikipedia:

Earmarks in public finance

In public finance, an earmark is a requirement that all or a portion of a certain source of revenue (such as a tax) must be devoted towards spending on a specific public expenditure. Earmarking bypasses the normal procedure where tax revenue is pooled in a general fund which is then distributed among separate spending programs.

For example, in the United Kingdom a tax on television licences is directly allocated to the British Broadcasting Corporation (BBC).

Governments are often fond of earmarking, while public finance experts often criticize earmarking since it provides an avenue for corruption including kickbacks and because it reduces the discretion and flexibility of the government, which may lead to a loss in economic efficiency.

[edit] Earmarks in US spending legislation

In the United States legislative appropriations process, Congress has, within the powers granted under Article I, Section 8 of the United States Constitution, the power to direct the appropriations of money drawn from the treasury. This includes the power to earmark funds it appropriates (in other words, "to designate revenue") to be spent on specific named projects. The earmarking process is a regular part of the process of allocating funds within the federal government. Each of the appropriations subcommittees have their own practices for determining whether and what kind of projects they are willing to earmark, and each sets rules for how earmark requests are to be received from members, including setting deadlines and required format for submissions.

Allowing members of Congress to earmark funds has a variety of purposes. For the member of Congress, the earmark allows them to take credit for providing a project of interest to their constituents. Allowing earmarked projects is often a tool that Appropriations committee chairs use to ensure that they can secure and hold the votes of members of Congress to help their bill pass. An earmark directing specific projects to be funded allows agencies to bypass regulatory determinations over the matter, saving them administrative time and effort.

Earmarking differs from the broader appropriations process where Congress grants a lump sum to an agency to allocate according to the agency's legal authority, within the discretion allowed by law, according to the agency's internal budgeting process. Earmarks specifically direct the actions of federal agencies, obliging them to spend a portion of the budget on special projects as directed by Congress.

Earmarking is used for projects and spending directives large and small. The vast majority of earmarks are not controversial. However, some become controversial for their cost or the perceived frivolous nature of the project.

For example, in 2005, $223 million was earmarked by Senate Committee on Appropriations chair Ted Stevens (R-AK), to construct a bridge nicknamed the Bridge to Nowhere, to connect an Alaskan town of 8,900 to an island of 50 inhabitants (saving a short ferry ride). In the ensuing uproar the earmark was removed, but the Alaska government apparently still has the authority to spend the funds on the bridge if it so chooses. Also in 2005, Senator Daniel Inouye (D-Hawaii) earmarked $574 million for the state of Hawaii.

Total earmarks for 2005: 15,000, costing $47 billion. The House Appropriations Committee receives about 35,000 individual spending requests per year.

On January 5, 2007, the House of Representatives passed a rule requiring congressmen to attach their names to their earmarks and certify that they have no financial interest in the provisions. On January 16 the Senate passed a similar measure.

[edit] Definitions

[edit] Congressional Research Service

The Congressional Research Service (CRS) notes that earmarks are often contained only in reports issued by House,Senate,and judicial Appropriations Committees before formal debate begins in the House or the Senate, rather than appearing in the actual legislation itself. This makes earmarking a non-transparent process that is difficult to quantify. The CRS points out that there is no widely agreed upon definition of an earmark, and that definitions tend to vary depending on the type of bill,

"often reflecting procedures established over time that may differ from one appropriation bill to another. For some bills, an earmark may refer to funds set aside within an account for a specified program, project, activity, institution, or location. In others, the application may reflect a more narrow set of directives to fund individual projects, locations, or institutions."

For example, when analysing agriculture appropriates, the CRS defines an earmark as "any designation in the annual appropriations act or accompanying conference report which allocates a portion of the appropriation for a specific project, location, or institution." However, it would be misleading to apply such a definition to defense appropriations, since it is normal practice to specify projects in substantial detail. The CRS therefore applies a narrower definition of earmarks when analysing defense appropriations, that only captures projects specified with more detail than ordinary.

[edit] Office of Management and Budget

According to the CRS, the Office of Management and Budget (OMB)

"uses a different definition of earmarks, namely specified funds for projects, activities, or institutions not requested by the executive, or add-ons to requested funds which Congress directs for specific activities."

[edit] Citizens Against Government Waste

Citizens Against Government Waste (CAGW) considers 'earmark' to be an ambiguous and neutral term, and prefer to define 'pork' as "a line-item in an appropriations bill that designates tax dollars for a specific purpose in circumvention of established budgetary procedures". In their 2006 edition of the Congressional Pig Book, the group identified nearly 10,000 projects that met at least one of their seven conditions:

"Not specifically authorized; Not competitively awarded; Not requested by the President; Greatly exceeds the President’s budget request or the previous year’s funding; Not the subject of congressional hearings; or Serves only a local or special interest."

[edit] Examples

The CRS tracked earmarks from 1994 to 2005 in 13 categories, from Agriculture to Veterans Affairs. It did not provide a grand total of earmarks, since it applied a different definition for each category, and because of limitations in their methodology, most notably not taking into consideration earmarks contained only in reports from House and Senate Appropriations Committees.

As an example, federal appropriations for agriculture in 2005 totalled $16.8 billion, of which CRS counted at least 704 earmarks that came to $500 million, or 3% of total appropriations. These numbers are double the 1994 numbers: 313 earmarks for $219 million, or 1.5% of the total appropriations of $14.5 billion.

The New York Times reported on April 30, 2006 that $568.5 million of NASA's $16.6 billion budget for 2006 has been earmarked for "198 special interest items", up from a decade ago when only $74 million was earmarked for 6 items.

[Snuffysmith]

Database: federally funded projects
Cutting pork
According to congressional aides, these are some of the local projects that likely will not be funded this year because Congress isn't expected to authorize the spending:
# $2.5 million for cancer treatment at University of Rochester Medical Center.
# $2 million the Monroe County Crime Lab.
# $1 million for Monroe County Water Authority.
# $1 million for ramp and safety improvements at the Greater Rochester International Airport.
# $500,000 for expansion of emergency room at Rochester General Hospital.
# $400,000 for Rochester Children's Zone.
# $400,000 for emergency room renovations at Unity Hospital (formerly Park Ridge Hospital).
What's at stake
Federal aid for local projects. Because of a crackdown in Congress on pork-barrel spending, some projects may not be funded this year.

Potential ban on earmarks may hurt; Rochester area could lose millions in funds

Joseph Spector
Staff writer

Post Comment

(January 20, 2007) — With a $250,000 federal grant, the Rochester Tooling and Machining Association hopes to train nearly 300 workers to help rebuild the region's manufacturing industry.

But the training will likely end later this year. Why? Federal money for the initiative is not expected to be reallocated under the new Democratic-controlled Congress.

As part of their plan to crack down on federal earmarks, known as pork-barrel spending, Democrats in Congress plan to put a moratorium on the controversial practice for the 2007 fiscal year, which began Jan. 1. That means many Rochester projects, like those across the country, may have to make do with millions of dollars less in federal aid this year.

"We're disappointed, and I think that when the Congress takes across-the-board actions like that, without looking at the specific impact, I think it does the community a disservice," said Kevin Kelley, the machining association's executive director.

The potential ban on earmarks, local officials said, means that institutions such as the cancer center at the University of Rochester Medical Center and the Monroe County Crime Lab may have to either hold off on some initiatives until next year, when aid could become available again, or tap other financial sources.

Yet there was hope Friday that the pet projects might be put back into the budget. Rep. David Obey, a Wisconsin Democrat and chairman of the House Appropriations Committee, said that while he opposes adding earmarks to the 2007 budget, he may be overruled by other lawmakers who might vote to include them.

"I am not for earmarks, and I expect that we will not have any," Obey said in an interview with Bloomberg News. "I can't promise because I don't know what ... the future holds. All I can tell you is what my goal is."

Nonetheless, many groups are preparing to wait until 2008 to seek aid again.

"We'll have to work with the delegation to see how things play out," said Peter Robinson, the Medical Center's vice president and chief operating officer. Republican Reps. James Walsh of Onondaga, Onondaga County, and Thomas Reynolds of Clarence, Erie County, said $2.5 million for the UR cancer center isn't expected to be allocated.

Federal aid can be critical for local initiatives. According to a Democrat and Chronicle investigation and database research, Monroe County has pulled in more than $800 million in federal aid over the past five years. The money has ranged from the large — such as $50 million or more each year for the National Institute for the Deaf — to the small, like $100,000 to the Jewish Family Services of Rochester in 2004.

Groups and politicians defend the federal aid, for everything from road construction to Strong Museum renovations, as vital for the local economy.

Robinson said UR doesn't object to greater scrutiny of earmarks because the university's projects are defendable.

New rules

Democrats in the House say that the new ethics reforms, which would affect the 2008 spending bills, are aimed at the abuse of federal spending that occurred when Republicans controlled both houses of Congress. The Senate passed similar measures earlier this week. "We're trying to straighten out a colossal mess," said Rep. Louise Slaughter, D-Fairport, who chairs the House Rules Committee.

But Republicans say Democrats should finish passing bills that were set for approval before the GOP-led Congress ended last year. The House passed all 11 spending bills last year, but the Senate only passed two before the session ended. So because both houses didn't approve the spending, the bills are expected to languish.

Walsh said the money should be approved because "these were fully vetted in the House. These are very, very responsible investments in health care, in public safety, in housing, in economic development. We gave a lot of thought to these."

Sen. Charles Schumer, D-N.Y., said earmarks should be voted on and debated individually to ensure more responsibility.

Still, some experts question whether proposed reforms will change Congress much. After all, lawmakers rely on the earmarks to curry favor with voters in their districts, some said.

"To a large degree, these reforms are cosmetic and it's not going to change the fundamental way Congress works or the incentives members of Congress have," said David Primo, a political science professor at the University of Rochester who is writing a book, Rules and Restraint: Government Spending and the Design of Institutions.

'Bridge to nowhere'

Since taking power, Democrats have been eager to enact ethical reforms that voters, according to exit polls, deemed the most important issue when they voted in November.

One of the first acts was to go after federal pork spending, a symbol of government ineffectiveness and largess. Even on the state level, new Gov. Eliot Spitzer has targeted money for pet projects given out by state legislators.

Typically added at the last minute to spending bills to benefit a lawmaker's home district, federal earmarks are often included secretly and sometimes for questionable projects.

The use of earmarks has led to major scandals. Former Rep. Randy "Duke" Cunningham, R-Calif., was sent to prison last year after pleading guilty to bribery for steering aid to contractors with whom he had business dealings.

In the most famous recent case, Alaska officials pushed for more than $223 million to fund a bridge to an island with 50 people living on it. Labeled the "bridge to nowhere," the project was shelved last year.

Good-government groups have applauded recent reforms, which still need final approval by the Senate and House and then the president's signature.

Among the changes, lawmakers would have to disclose earmarks tucked into spending bills, be prohibited from trading votes for aid for hometown projects and certify that they would receive no personal financial benefit from the aid.

Experts say the reforms wouldn't end earmarks, which officials estimate only make up about 1 percent of overall federal discretionary spending, but would shine more light on the process.

"We don't think that just this legislation alone will get rid of the earmarks, but it will just bring more transparency to the process and hopefully really start to pry open the secretive world that is known as the House and Senate," said David Williams, vice president for Citizens for Government Waste, a private, nonpartisan group based in Washington.

Earmarks will be allowed back into spending bills for the 2008 fiscal year, but only after they are disclosed publicly, Slaughter said.

As for the $2 million she secured for the county's crime lab, county officials said the money won't be needed until next year anyway — after a study of the $24 million project is completed.

Rep. Randy Kuhl, R-Hammondsport, Steuben County, said he's concerned that money for transportation projects this year — such as for work on Interstate 86 through the Southern Tier — may be held up.

Kuhl voted for the reforms, but he said they don't go far enough to curb earmarks, which he labeled "budget busters."

"I see that there is a place for them, but the system has been totally abused and needs to be corrected," he said.

JSPECTOR@DemocratandChronicle.com

[Livyjr]

Liv - I hope you will broaden this topic beyond New York ......

No, not initially, anyway, Snuf ....

For that would simply dilute and overwhelm at the same time .....

This is a subject that I have been thinking on for some thirty years now .....

Ever since I came back from Viet Nam, actually ......

Wondering what on earth had happened to OUR CONSTITUTIONAL FORM OF GOVERNMENT .....

Both here in the State of New York .....

And in the United States, as well ...

For each of us .....

Except for you, perhaps, Snuf .....

You being a resident of the DISTRICT OF COLUMBIA ....

Each of us is subject to TWO CONSTITUTIONS ....

A STATE CONSTITUTION ...

And a FEDERAL CONSTITUTION ....

WHICH DOES NOT CREATE RIGHTS FOR US AS AMERICAN CITZENS ....

BUT TO THE CONTRARY ....

RECOGNIZES RIGHTS THAT THE CITIZENS OF THE ORIGINAL THIRTEEN STATES HAD AT THE TIME OF SEPARATION FROM ENGLAND .....

And so .....

In here ....

I am using this ISSUE OF "PORK" .....

To make a bigger demonstration ....

Which is how OUR CONSTITUTIONAL FORM OF GOVERNMENT ....

Here in the State of New York ....

IS BEING DISMANTLED .....

WHILE AT THE SAME TIME .....

RULE OF LAW IS BEING ABANDONED ....

WHILE WE, THE PEOPLE ....

ARE BEING SHUT OUT OF ACCESS TO OUR COURTS UP HERE ....

WHICH CUTS US OUT OF PARTICIPATION IN GOVERNMENT ....

And so .....

Rather than bring in information about "PORK" from all over the United States .....

Which would take a lot of research on my part to properly develop .....

I want to go slow in here ....

And I want to develop this topic of CONSTITUTIONAL GOVERNMENT .....

WHICH IN THE STATE OF NEW YORK .....

SHOULD PRECLUDE "PORK" ....

IF IT WERE ADHERED TO ....

WHICH IT IS NOT .....

BECAUSE WE CITIZENS UP HERE ....

CANNOT GET INTO A COURT OF LAW ....

TO ENFORCE OUR CONSTITUTION UP HERE ....

And so ....

[Abu Beacon]

Good morning, America .....

And the candid world, as well ....

My name is Livyjr ....

And way back when ....

In the opening days of this forum .....

Right after the November 2004 elections, to be exact ....

I was reading a book entitled The Power of Many by Christian Crumlish ....

Who himself had experience with the use of the internet as a real professional "tool" for communications among separate and disparate groups of people in the world during the Dean Campaign ....

And one of the many points that he made to me in that book ....

Was the level of difficulty that the Dean campaign had in translating communications on the internet ....

INTO ACTION ....

Out there in the REAL WORLD ....

The world that we all exist in in our physical forms ....

As opposed to "in here" ....

Where we all are imaginary, in many senses .....

OTHER THAN OUR WORDS ....

On a piece of virtual paper .....

And being an older American myself ....

Although far from the oldest in here .....

Where at least two members are in their eighties ...

I have a lot of thoughts ....

ON WHERE OUR AMERICA is going ....

And by that, I don't mean with respect to how people look or dress or talk ....

Since those things are always changing, anyway ....

Rather, my concerns have to do with that thing called CONSTITUTIONAL GOVERNMENT ....

Here in OUR America .....

Which I do not believe ....

From my interactions with my fellow Americans over time ....

Is very well understood ....

And here ....

I mean the fact ....

(OR IS IT, REALLY?)

That OUR state and federal CONSTITUTIONS ....

ARE ACTUALLY LAWS .....

ORGANIC LAWS .....

That bind OUR governments .....

State and federal, as well as local ....

To certain STANDARDS OF CONDUCT .....

ON BEHALF OF US ....

The PEOPLE of OUR America .....

Today ....

If you went up to someone ....

And you said to them ....

"You know, we really are the government here in OUR America ..."

Many of them would immediately make warding gestures .....

As if you were the devil out to tempt them ....

And they would likely say, "LEAVE ME OUT OF THAT ..."

"I DON'T WANT TO BE INVOLVED ..."

And that would be that .....

Literally ....

End of the conversation ....

AND PERHAPS ....

As a result ....

THE END OF CONSTITUTIONAL GOVERNMENT ....

Here in OUR America ...

And perhaps, America .....

IT REALLY IS TIME FOR THAT, I SUPPOSE ......

PERHAPS THERE REALLY ARE TOO MANY OF US ....

FOR ANY OF US TO HAVE A SAY, ANYMORE ....

AND PERHAPS, AMERICA ....

WE REALLY DO NEED TO BE RULED ....

BY RULERS WITHOUT CONSTITUTIONAL CONSTRAINTS PLACED ON THEM ....

BY THE PEOPLE ...

SINCE WE JUST MAY BE TOO IGNORANT .....

TO PLAY ANY ROLE IN SELF-GOVERNMENT, ANYMORE ....

And so .....

That is the THEME of this particular thead .....

Which I am starting up at this time ....

Because I did not want to try and deal with this issue over in my Life in OUR America thread ....

Which is really concerned with the "flow" of life .....

Here in OUR America ....

And the world ....

As it is happening ...

And so .....

Is more dynamic ....

Than this thread intends to be ....

And so ....

In this thread ....

I am going to be taking news items from the State of New York ....

Where I reside ....

On the subject of GOVERNMENTAL REFORM ....

Which is THE SUBJECT today in the State of New York .....

WHICH IS ONE OF THE LEAST DEMOCRATIC STATES IN THE UNITED STATES TODAY ....

MORE RESEMBLING SOME EASTERN EUROPEAN NATION DURING THE 1930's and early-1940's ....

Romania or Hungary, perhaps ....

Than a MODERN AMERICAN STATE ....

WITH A CONSTITUTION ....

Intended to secure the BLESSINGS OF LIBERTY ...

To the people of the State ....

And so ....

Good for you, Livyjr.

I have felt for a long, long time that you have the talent to sponsor and contribute to subjects such as this one. I do not know how much time you have, but if you do have the time, I feel certain that eventually you ought to consider Snuffy Smith's suggestion to expand this thread beyond New York. That's pretty big of me isn't it, volunteering your time and talent to do more.

Anyhow, I feel certain this thread will be a success.

I wish I felt as sure that our Congress would be as visionary and more statesmanlike as they profess to be. As the old song title
phrases it, " It seems to me, I've that song before "

Nevertheless, it is always better to be positive than negative, and I plan to follow and contribute to this thread as my time and energy permit.

Always with you -

A.B.

[Livyjr]

And to further "set the stage", as it were .....

For the initial direction that this thread would like to set off in ....

Some time back ....

In June of 2006 .....

I received an e-mail entitled Subject: SCARY - How Long Do We Have .....

And it goes like this ....

This is very interesting and a worth while read ....

The statistics on this are mind boggling!!!

About the time our original 13 states adopted their new constitution, in 1787 ...

Alexander Tyler, a Scottish history professor at the University of Edinburgh ....

Had this to say about the fall of the Athenian Republic some 2,000 years prior:

"A democracy is always temporary in nature; it simply cannot exist as a permanent form of government."

"A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury."

"From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship."

"The average age of the worlds greatest civilizations from the beginning of history, has been about 200 years."

"During those 200 years, these nations always progressed through the following sequence:

1. From bondage to spiritual faith;

2. From spiritual faith to great courage;

3. From courage to liberty;

4. From liberty to abundance;

5. From abundance to complacency;

6. From complacency to apathy;

7. From apathy to dependence;

8. From dependence back into bondage .."

The e-mail then goes on with some alleged analysis from alleged Professor Joseph Olson of Hamline University School of Law, St.Paul, Minnesota ....

And my response to the sender of this e-mail to me was that in America ....

At least at the federal level .....

BECAUSE OF THIS ....

WE DON'T HAVE A DEMOCRACY .....

WE HAVE A CONSTITUTIONAL REPUBLIC .....

And so .....

BUT DO WE REALLY, ANYMORE?

And what about at the state level?

And so ....

[Livyjr]

Nevertheless, it is always better to be positive than negative ......

A.B.

Yes, Mr. A.B. ....

It is always better to be positive than negative ...

And it is better to inform .....

Than to simply complain ....

And so ...

As I have said before .....

I believe that OUR forefathers in LIBERTY knew history and human psychology quite well ...

And they certainly knew what they called TYRANNY ....

And I believe that what we have had handed down to us in the form of OUR state constitutions ....

At least in the thirteen original constitutions .....

Gives us the tools ....

To handle anything that might come along .....

As was identified by this Scottish history professor back in 1787 ....

BUT .....

That is dependent upon US ....

The PEOPLE ...

Knowing what it was that we inherited .....

Or had handed down to us ....

That being RESPONSIBILITY ....

Which is where this all might be breaking down .....

Our CONSTITUTIONAL FORM OF GOVERNMENT ....

Both here in the State of New York ....

And in the United States, as well ...

And so ....

[Livyjr]

Good morning, America .....

And the candid world, as well ....

My name is Livyjr ....

And way back when ....

In the opening days of this forum .....

Right after the November 2004 elections, to be exact ....

I was reading a book entitled The Power of Many by Christian Crumlish ....

Who himself had experience with the use of the internet as a real professional "tool" for communications among separate and disparate groups of people in the world during the Dean Campaign ....

And one of the many points that he made to me in that book ....

Was the level of difficulty that the Dean campaign had in translating communications on the internet ....

INTO ACTION ....

Out there in the REAL WORLD ....

The world that we all exist in in our physical forms ....

As opposed to "in here" ....

Where we all are imaginary, in many senses .....

OTHER THAN OUR WORDS ....

And so ....

I do not know how much time you have, but if you do have the time, I feel certain that eventually you ought to consider Snuffy Smith's suggestion to expand this thread beyond New York.

That's pretty big of me isn't it, volunteering your time and talent to do more.

A.B.

And it is not so much a matter of my time that has me going slow in here to develop this topic .....

It is more a matter of what I perceive to be the LIMITATIONS of this forum to date ....

AND THAT IS NOT A CRITICISM OR CRITIQUE OR ATTACK ON THIS FORUM IN ANY WAY, SHAPE OR MANNER .....

Rather, as I perceive it right now ....

WE ARE THE LIMITING FACTOR ....

US, the people who inhabit this space .....

And that has to do in part with the complexity of the world that we now find ourselves in ....

And it has to do with just how much extra information any of us can take in at any given moment in time ....

And so ....

I know that with myself ....

There are "bursts" or "quanta" of information that I can assimilate at any given point in time ....

Kind of like the relationship between the size of your own mouth ....

And the fork or spoon that you are given to feed yourself with ....

And with respect to issues such as this "PORK" ....

WHICH I SEE AS A SYMPTOM .....

Small bites work best ....

Which is to say ..

DISCRETE BITS OF INFORMATION ....

Fed in slowly ....

And then connected together over time ....

Otherwise, it is just too overwhelming ....

As would be the case with federal government "PORK" .....

Which presently eludes me ....

How that process actually works ...

And so ....

And what I really want to do in here ....

Is to cast any discussion in here ....

AGAINST A CONSTITUTIONAL BACKDROP ....

And there is where another necessary limitation enters in .....

And I personally think that we do ourselves a big disservice in here .....

TO IGNORE THE FACT ....

That while we are all "Americans" ......

In fact ....

BY OUR OWN SYSTEM ....

We are not all necessarily "equal" .....

Which is not to say that people in one state are better or worse than people in any other state ......

THAT IS NOT IMPUTED NOR IMPLIED ...

Rather, it goes to what is known as "STANDING" .....

For example ....

In the case of Mr. A.B. ...

Who I greatly respect .....

HE is out in Ohio ....

And has been there for awhile ....

AND BY OUR FEDERAL CONSTITUTION ....

Mr. A.B. is a citizen of the State of Ohio .....

And so ....

WITHIN THAT STATE .....

Mr. A.B. has rights and privileges that are spelled out in the Constitution and laws of the State of Ohio ....

WHERE I WOULD BE JUST A MEDDLER .....

In their affairs ....

Since I am myself a citizen of the State of New York ......

I don't have property in Ohio .....

I don't have "business interests" out there ....

AND SO .....

I have no "STANDING" to be meddling in the internal affairs of the State of Ohio ....

Or California ....

Or Arizona ....

Or Texas ....

And so .....

[Livyjr]

And to further "set the stage", as it were .....

For the initial direction that this thread would like to set off in ....

Some time back ....

In June of 2006 .....

I received an e-mail entitled Subject: SCARY - How Long Do We Have .....

And it goes like this ....

This is very interesting and a worth while read ....

The statistics on this are mind boggling!!!

About the time our original 13 states adopted their new constitution, in 1787 ...

Alexander Tyler, a Scottish history professor at the University of Edinburgh ....

Had this to say about the fall of the Athenian Republic some 2,000 years prior:

"A democracy is always temporary in nature; it simply cannot exist as a permanent form of government."

"A democracy will continue to exist up until the time that voters discover that they can vote themselves generous gifts from the public treasury."

"From that moment on, the majority always votes for the candidates who promise the most benefits from the public treasury, with the result that every democracy will finally collapse due to loose fiscal policy, which is always followed by a dictatorship."

"The average age of the worlds greatest civilizations from the beginning of history, has been about 200 years."

"During those 200 years, these nations always progressed through the following sequence:

1. From bondage to spiritual faith;

2. From spiritual faith to great courage;

3. From courage to liberty;

4. From liberty to abundance;

5. From abundance to complacency;

6. From complacency to apathy;

7. From apathy to dependence;

8. From dependence back into bondage .."

The e-mail then goes on with some alleged analysis from alleged Professor Joseph Olson of Hamline University School of Law, St.Paul, Minnesota ....

And my response to the sender of this e-mail to me was that in America ....

At least at the federal level .....

BECAUSE OF THIS ....

WE DON'T HAVE A DEMOCRACY .....

WE HAVE A CONSTITUTIONAL REPUBLIC .....

And so .....

BUT DO WE REALLY, ANYMORE?

And what about at the state level?

And so ....

"Vast ethics power sought - New York's executive, legislative branches discuss creating single oversight agency"

By MICHAEL GORMLEY, Associated Press

First published: Friday, January 19, 2007

ALBANY -- High level legislative and executive branch officials are negotiating to create a single, far-reaching ethics agency that could break down jurisdictional walls that currently limit investigations, officials familiar with the talks said Thursday.

If the agency is created, it would mark a historic step toward reforming a state government culture derided for years by critics and government watchdog groups as unseemly, even corrupt.

The new agency would consolidate the state lobbying commission, which can only investigate lobbyists; the Ethics Commission, which can only investigate executive branch employees; and the Ethics Committee, which can only investigate lawmakers, according to the officials in the legislative and executive branches.

They spoke to The Associated Press on the condition of anonymity because of the sensitivity of negotiations.

The "omnibus ethics bill" would also ban gifts for all state officials from lobbyists and others trying to influence decisions and laws in Albany and end paid honoraria for speeches.

In addition, the bill is expected to include further limits on the Albany's notorious "revolving door," in which a well-timed exit by legislative aides can place them in lucrative lobbying positions weeks later.

Lawmakers could also face a more strict ban on lobbying Albany after leaving office.

"If adopted as described, it would certainly be the biggest improvement in ethics in 20 years -- maybe in 200 years," said Blair Horner of the New York Public Interest Research Group when told of the proposal.

He said, however, that the details including who would head the agency are critical for it to be effective.

Gerald Benjamin, a political scientist at the State University of New York at New Paltz, said the key will be to have a strong chief or commissioners lead the new entity.

"The idea of one rule for all is very important for New York ... this would show the Legislature stepping up to the plate," Benjamin said.

Spitzer has already applied the gift ban, limit on paid speeches and a limit on Albany's "revolving door" to executive branch employees.

The details aren't settled.

Earlier discussions included providing the new entity the power to enforce campaign finance laws, but that isn't expected in the final version.

Legislative leaders, however, have so far resisted turning over ethics investigations of lawmakers to a new agency under the executive branch, the officials said.

The consolidation could violate the state constitution's separation of powers, they argue.

But even consolidating the ethics and lobbying agencies into one more powerful agency would be historic for Albany, where smaller, isolated scandals are frequent but few cross the line between government branches.

Spitzer campaigned on a promise to clean up the state government culture in Albany, much of which he has said has an "aura of unseemliness."

A report by NYPIRG and the Brennan Center for Justice at New York University School of Law found 39 states have a single ethics commission for executive and legislative branches.

Horner said any constitutional concern about separation of powers is unfounded.

"The current system has to be scrapped," Horner said.

But he said the most important merger would be to combine the ethics watchdogs for the executive and legislative branches.

"The legislative ethics side is the weakest of all -- legislators meeting in secret to hear complaints against their colleagues," Horner said.

Negotiations continue into the form the new entity would take and who would head it.

Lobbying Commission Executive Director David Grandeau has had public disagreements with Spitzer, who represented the commission when he was attorney general.

Grandeau has also investigated lobbyists in cases involving Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph L. Bruno.

"If you're talking about merging with (Grandeau) in charge of it, I think that's a much better case," said Horner who along with other good-government groups have praised Grandeau's work and independence.

"I'm extremely supportive of any effort to strengthen the integrity units in New York state," Grandeau said.

He said he had discussed the idea with Spitzer's transition team in December, and the key would be to have the political powers agree to give up some power.

"The threat of termination affects the way you pursue integrity cases," Grandeau said.

[Livyjr]

"Spitzer names Pennsylvania official upstate development czar"

Associated Press

Last updated: 1:42 p.m., Sunday, January 21, 2007

ALBANY -- Gov. Eliot Spitzer has tapped an economic development official from Pennsylvania to head a new Buffalo office that will spearhead efforts to revive the upstate New York economy.

Daniel Gundersen joined Pennsylvania's economic development office as a top executive in 2003 and had worked previously in similar jobs in Maryland and Philadelphia, the Buffalo News reported in its Sunday edition.

Gundersen, 46, will become co-chairman of the state's Empire State Development Corp. and lead the upstate office, the governor told the newspaper in an interview.

The official announcement of the appointment is expected Monday in Buffalo.

Spitzer said he chose Gundersen from a large group of development experts after a national search.

He'll be paid $190,000 a year.

Reviving upstate was a major theme in Spitzer's successful run for governor last year and will be "the single most important test or failure" of his administration, he said.

Gundersen's job is "pure dedication to the upstate economy," Spitzer said, and he will have the power and resources to reverse the state's loss of young workers and the frustration of businesses facing high taxes and other competitive disadvantages.

"I have a deep appreciation for the problems."

"But I also have optimism that we can tackle these issues," said Gundersen, who has a master's degree in governmental administration from the University of Pennsylvania.

"He's a doer."

"There are lots of people who can talk and get the lingo."

"He actually gets the job done," said Spitzer.

Gundersen has been working as chief operating officer of Pennsylvania's $665 million economic development agency and was responsible for the state's overseas business development efforts.

Spitzer is also is hiring Kenneth A. Schoetz, who headed his Buffalo office while Spitzer was state attorney general, to be the agency's chief operating officer.

The new Buffalo office will work in tandem with the established Empire Development operation in Manhattan.

[Livyjr]

"Pataki to drop state-funded security - Former governor's protection paid for by taxpayers to be transferred to private force"

Associated Press

First published: Saturday, January 20, 2007

ALBANY -- Former Gov. George Pataki has asked the State Police to phase out the taxpayer-financed security detail that aides had requested be supplied once he left office, a spokesman said Friday.

"Governor Pataki has requested the State Police to begin the phase-out of his temporary security detail," said David Catalfamo.

"The former governor has been consulting with private security firms to evaluate and meet his needs on a going-forward basis."

A telephone call to State Police asking how soon they might end the protection was responded to by Spitzer spokesman Paul Larrabee, who wouldn't discuss plans for phasing out the security detail.

Pataki left office Dec. 31 after three four-year terms as governor.

He decided in mid-2005 not to seek re-election last year.

He is eyeing a run for the 2008 Republican presidential nomination.

In authorizing the continued protection for Pataki, state officials had said that over the past decade there were 146 "high risk" threats -- a designation used when there is "a threat of death or harm" -- made against the governor.

Twenty-five of the 146 incidents involved death threats, according to a State Police review.

The transitional security detail had been approved through the end of January at which time the need for it was to have been reviewed.

While such continued security had not been provided for recent past governors in New York, it was provided on a temporary basis for former New York City Mayor Rudolph Giuliani when he left office at the end of 2001 just after the Sept. 11 terrorist attacks that brought down the World Trade Center towers.

[Livyjr]

"Spitzer names Pennsylvania official upstate development czar"

Associated Press

Last updated: 1:42 p.m., Sunday, January 21, 2007

ALBANY -- Gov. Eliot Spitzer has tapped an economic development official from Pennsylvania to head a new Buffalo office that will spearhead efforts to revive the upstate New York economy.

Daniel Gundersen joined Pennsylvania's economic development office as a top executive in 2003 and had worked previously in similar jobs in Maryland and Philadelphia, the Buffalo News reported in its Sunday edition.

Gundersen, 46, will become co-chairman of the state's Empire State Development Corp. and lead the upstate office, the governor told the newspaper in an interview.

Gundersen's job is "pure dedication to the upstate economy," Spitzer said, and he will have the power and resources to reverse the state's loss of young workers and the frustration of businesses facing high taxes and other competitive disadvantages.

"Feeding off taxpayers no crime, lawyer says - Cronyism, big spending called usual government practice at Strevell trial"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Thursday, January 18, 2007

ALBANY -- A defense lawyer for the Rensselaer County entrepreneur whose organization got more than $1 million in member item grants directed by Sen. Joseph L. Bruno is arguing in federal court that dishonesty isn't necessarily a federal offense.

William P. Fanciullo, lawyer for J. Felix Strevell, the former director of the now-defunct Institute for Entrepreneurship, also said that Strevell's actions, including putting relatives on the state payroll, were normal practices in government.

Fanciullo asserted that the U.S. attorney's case against Strevell is full of allegations that should not be classified as federal crimes.

The case before U.S. District Court Justice Gary L. Sharpe centers on Strevell's lavish spending on himself and on parties that honored lawmakers who helped him get public money.

Among its funding sources, the institute received two $500,000 discretionary grants, known as member items, through Bruno in 1999 and 2001.

Strevell allegedly misused some of the $8 million in mostly taxpayer funds raised by the institute during his reign from 1998 to 2001, when he and his brother, Chauncey, the former chief operating officer, abruptly quit.

While at the institute, Strevell hired friends, relatives of powerful Republicans, his daughter and his daughter's boyfriend.

He also used institute funds to purchase clothing and trips for himself and family members.

The institute's activities, revealed by the Times Union, became an embarrassment for Republican leaders who had supported it, including Bruno, R-Brunswick, Gov. George Pataki and his administration, and former U.S. Rep. John Sweeney, R-Clifton Park.

Prosecutors say Strevell, a former state bureaucrat, manipulated the system to set up the nonprofit institute as an offshoot of state government.

He worked to improperly enrich himself and his family, the indictment says, receiving a base salary of $225,000 plus $24,000 for a housing stipend, trips for family members and merchandise for his personal use, including a $64,000 recreational vehicle.

Fanciullo said Strevell's management of the institute followed normal and accepted practices of government, including the hiring of kin, and that the salary vote was legitimate.

Citizens Against Government Waste (CAGW) considers 'earmark' to be an ambiguous and neutral term, and prefer to define 'pork' as "a line-item in an appropriations bill that designates tax dollars for a specific purpose in circumvention of established budgetary procedures".

For all of you just stopping in for the first time .....

This is a new thread ....

Which has just started up ....

And it is just now beginning to "get its feet under it" ....

And so ...

This poster humbly asks for your patience ....

As I pull together the background for this thread ....

And WHY NOW?

Why start this thread now?

And that answer is because up here in the CORRUPT EMPIRE of New York ....

We have just had an apparent change in government .....

One regime apparently leaving ....

That being George Pataki .....

And a new regime just coming in ....

That being Pataki's former Attorney General Eliot "Big EL" Spitzer .....

And so ....

The time to start tracking is now ....

When the "snow" is fresh ....

And the tracks are therefore more easily discernable ....

As we country folks up here might say ....

And in many ways ...

The original thoughts that lead to this time and place ....

Begin back in or around 1965 ....

Or 1966 ....

With the words to a song as follows:

There's something happening here ....

What it is ain't exactly clear ....

There's a man with a gun over there ....

TELLING ME I'VE GOT TO BEWARE ...

Now .....

Since that time ....

When I had just graduated from high school ....

AS AN AMERICAN CITIZEN ....

SCHOOLED IN THIS NATION'S HISTORY ....

FROM THE DECLARATION OF INDEPENDENCE FORWARD .....

There has been a lot of water over the dam, so to speak, here in OUR America .....

WHICH IT IS .....

"OUR" AMERICA ....

The America of its PEOPLES ....

Which is not the exclusive "property" or "possession" of CZARS who answer to no one at all and self-styled ROYAL GOVERNORS and such ....

WHO CAN TAKE A PAIR OF SCISSORS TO OUR CONSTITUTIONS ....

AND CUT THEM UP INTO DOILIES ....

THAT WHEN LOOKED AT CLOSELY ....

SEEM TO RESEMBLE THE IMAGE ....

OF A CLOSED FIST .....

WITH ITS KNUCKLES FACING US ....

AND ITS MIDDLE FINGER RAISED ....

RIGHT IN OUR FACES ....

And now ....

Well, I'm over sixty ....

And still wearing jeans ....

And I wonder .....

WHAT IS IT THAT IS GOING ON HERE .....

Where OUR constitutional form of government in this country ...

And in this state .....

Seem to be going to dust .....

BECOMING MORE AND MORE WORTHLESS BY THE DAY .....

WITHOUT A SQUAWK .....

WITHOUT A COMPLAINT ....

And so .....

Rather than sit out here alone in the hinterlands of civilization ....

Wondering about this ....

And pondering all of this ....

WHICH I PERSONALLY SEE AS A CITIZENSHIP REQUIREMENT AS AN AMERICAN CITIZEN ....

Well ....

Let's just say that I have started up this thread ....

As an experiment .....

IN DEMOCRACY .....

To see where it goes .....

Which always can be nowhere at all ....

That does happen to internet threads, all the time ....

And so ....

The one thing that I would ask ...

Is please do not construe this thread as being solely about New York State ....

If you are from another state here in OUR America ........

For while it is true that I will be primarily focusing on doings and happenings in the State of New York ....

The thread itself appears in here ....

Because as this one post above concerning this CZAR that "Big EL" Spitzer has just brought in from Pennsylvania demonstrates ....

IN SOME WAY .....

We are all inter-connected .....

And that is really what the thread intends to explore .....

That inter-connectedness .....

AND THE ISSUE ....

OF WHETHER OUR INDIVIDUAL STATE CONSTITUIONS ....

ALONG WITH OUR FEDERAL CONSTITUTION ....

HAVE BECOME IMPEDIMENTS ....

TO TRADE AND COMMERCE ....

AND SO MUST BE DISMANTLED ....

AND SCRAPPED ....

BY THESE "CZARS" .....

OVER WHOM WE HAVE ABSOLUTELY NO CONTROL WHATSOEVER AS CITIZENS ....

"CZARS" WHO ARE ACCOUNTABLE TO NO ONE AND NOTHING ....

BUT MONIED INTERESTS ....

WHO WISH OUR LAWS AND CONSTITUTIONS TO BE GONE ....

FOR THEIR BETTERMENT ....

EVEN THOUGH THEY MIGHT NOT EVEN BE AMERICAN CITIZENS ....

AT ALL ....

And so ....

[Livyjr]

"Spitzer names Pennsylvania official upstate development czar"

Associated Press

Last updated: 1:42 p.m., Sunday, January 21, 2007

ALBANY -- Gov. Eliot Spitzer has tapped an economic development official from Pennsylvania to head a new Buffalo office that will spearhead efforts to revive the upstate New York economy.

Gundersen's job is "pure dedication to the upstate economy," Spitzer said, and he will have the power and resources to reverse the state's loss of young workers and the frustration of businesses facing high taxes and other competitive disadvantages.

There's something happening here ....

What it is ain't exactly clear ....

There's a man with a gun over there ....

TELLING ME I'VE GOT TO BEWARE ...

From The Avalon Project at Yale Law School.

The Lillian Goldman Law Library in Memory of Sol Goldman

The Constitution of New York : April 20, 1777

IN CONVENTION OF THE REPRESENTATIVES OF THIS STATE OF NEW YORK,

Kingston, 20th April, 1777.

Whereas the many tyrannical and oppressive usurpations of the King and Parliament of Great Britain on the rights and liberties of the people of the American colonies had reduced them to the necessity of introducing a government by congresses and committees, as temporary expedients, and to exist no longer than the grievances of the people should remain without redress;

And whereas the congress of the colony of New York did, on the thirty-first day of May now last past, resolve as follows, viz:

"Whereas the present government of this colony, by congress and committees, was instituted while the former government, under the Crown of Great Britain, existed in full force, and was established for the sole purpose of opposing the usurpation of the British Parliament, and was intended to expire on a reconciliation with Great Britain, which it was then apprehended would soon take place, but is now considered as remote and uncertain;

"And whereas many and great inconveniences attend the said mode of government by congress and committees, as of necessity, in many instances, legislative, judicial, and executive powers have been vested therein, especially since the dissolution of the former government by the abdication of the late governor and the exclusion of this colony from the protection of the King of Great Britain;

"And whereas the Continental Congress did resolve as followeth, to wit:

" 'Whereas His Britannic Majesty, in conjunction with the lords and commons of Great Britain, has, by a late act of Parliament, excluded the inhabitants of these united colonies from the protection of his Crown;

and whereas no answers whatever to the humble petition of the colonies for redress of grievances and reconciliation with Great Britain has been, or is likely to be, given, but the whole force of that kingdom, aided by foreign mercenaries, is to be exerted for the destruction of the good people of these colonies;

and whereas it appears absolutely irreconcilable to reason and good conscience for the people of these colonies now to take the oaths and affirmations necessary for the support of any government under the Crown of Great Britain, and it is necessary that the exercise of every kind of authority under the said Crown should be totally suppressed, and all the powers of government exerted under the authority of the people of the colonies for the preservation of internal peace, virtue, and good order, as well as for the defense of our lives, liberties, and properties, against the hostile invasions and cruel depredations of our enemies:

Therefore,

" 'Resolved, That it be recommended to the respective assemblies and conventions of the United colonies, where no government sufficient to the exigencies of their affairs has been hitherto established, to adopt such government as shall, in the opinion of the representatives of the people, best conduce to the happiness and safety of their constituents in particular, and America in general.'

Document Information

The Avalon Project : The Constitution of New York : April 20, 1777

The document is located at this URL : http://www.yale.edu/lawweb/avalon/states/ny01.htm.

The document was last corrected for conversion errors or the markup was updated on: 05/29/2005 16:31:14

The Lillian Goldman Law Library in Memory of Sol Goldman.
127 Wall Street
New Haven, Connecticut 06520

And by way of some official history, here .....

From the Archives of the State of New York ....

On who the governor of the State of New York is really supposed to be .....

According to OUR New York State Constitution ...

EXECUTIVE BRANCH

Office of Governor

Current Functions.

The governor, as chief executive officer of the State, is responsible for ensuring that the laws of the State are carried out.

The governor exercises executive power and authority over the administrative machinery of State government, including all departments, divisions, offices, bureaus, and commissions established by constitutional provision or by statute.

The governor acts as commander-in-chief of the State's military and naval forces; directs to the legislature an annual message concerning the condition of the State; recommends action to the legislature and approves or vetoes actions proposed by the legislature; convenes extraordinary sessions of the legislature, or of the senate only, when necessary; appoints, and may remove, heads of most State departments; prepares annually for the legislature a comprehensive State budget; and may grant reprieves, commutations, and pardons to persons convicted of crimes (other than treason or impeachment cases).

Organizational History.

New York's first constitution in 1777, and subsequent constitutions of 1821, 1846, and 1894, vested supreme executive power and authority in a governor.

Colonial precedents for a governor as executive officer were the director general, who administered New Netherland under the Dutch from 1624 to 1664; and the royal governor, who administered the colony under the British until 1776.

In April 1777, the Convention of Representatives of the State of New York (renamed the Fourth Provincial Congress) adopted the first State constitution, and two months later George Clinton was elected first governor of New York State.

New York's constitution of 1777 created the office of governor "to take care that the laws are faithfully executed" and "to transact all necessary business with the officers of government."

The governor was required to report on the condition of the State at each legislative session, could convene the legislature in special session, prorogue it, and recommend matters for legislative consideration.

The governor was designated commander-in-chief of the armed forces and could grant reprieves and pardons to persons convicted of crimes other than treason and murder.

The constitution provided for the election of the governor by freeholders for a three-year term, with no limit placed on the number of terms an individual might serve.

Executive power was restricted by means of a system of checks and balances, including the legislature, a Council of Appointment, and a Council of Revision.

The Council of Appointment, consisting of the governor and four senators elected annually by the assembly, selected nonelective public officials except those otherwise provided for in the constitution.

The Council of Revision, made up of the governor, the chancellor of the State's equity courts, and the justices of the supreme court, exercised a veto power over bills passed by the legislature, but a two-thirds vote of both houses of the legislature could override a veto.

Both councils were abolished by the second State constitution of 1821.

The legislature assumed the power of electing major government officials (the comptroller, attorney general, secretary of state, state engineer, and treasurer), but the governor retained the power to appoint other state officials with the consent of the senate.

Veto power was now vested in the governor alone.

The governor could no longer prorogue the legislature, and his term of office was reduced from three to two years.

The power to grant pardons and reprieves was amended to exclude only treason and impeachment cases.

The other powers and duties of the governor were retained as they were described in the first constitution.

The third (1846) State constitution continued the governor's powers and duties as defined in the second constitution.

Constitutional amendments in 1874 increased the term of office to three years, allowed the governor to veto individual items in appropriation bills, and provided that extraordinary sessions of the legislature could consider only matters recommended by the governor.

The fourth State constitution was approved by the voters in 1894 and remains today as the basic legal document of New York government.

It continued previous constitutional definitions of the governor's powers and duties, but reduced the term of office to two years.

By the early twentieth century the executive branch of State government had grown to include nearly 200 administrative departments, boards, and commissions.

Constitutional amendments in 1925 and 1927 significantly consolidated these administrative offices and expanded the power of the executive office.

A 1925 amendment reduced the number of elective officials to four -- governor, lieutenant governor, comptroller, and attorney general (the latter two were first made elective posts by the 1846 constitution) -- and provided for the consolidation of all administrative agencies into not more than twenty State departments.

One of the authorized departments was the Executive Department.

Two laws (1926, Chapter 546, and 1928, Chapter 676) defined the organization and duties of the Executive Department.

It serves as the administrative department of the governor, and through it the governor supervises the activities of all other constitutional departments.

The governor was authorized to establish, consolidate, or abolish additional executive department divisions and bureaus, and many such offices have been created or eliminated by executive order or statute since 1928.

In 1927, a constitutional amendment specified that the heads of all departments other than Audit and Control, Law, Education, and Agriculture and Markets be appointed by the governor with the consent of the senate, and that department heads may be removed by the governor as prescribed by law.

Another amendment in 1927 required all departments to submit annually to the governor itemized estimates of necessary appropriations and required the governor then to submit to the legislature an executive budget containing a complete plan of proposed expenditures and estimated revenues.

In 1937, a constitutional amendment increased the governor's term of office to four years.

The governor and immediate executive office staff, consisting of the secretary to the governor, counsel to the governor, press secretary, appointments officer, and other administrative advisors and assistants, have been generally referred to (both before and after reorganization) as the executive chamber.

[Livyjr]

"Spitzer names Pennsylvania official upstate development czar"

Associated Press

Last updated: 1:42 p.m., Sunday, January 21, 2007

ALBANY -- Gov. Eliot Spitzer has tapped an economic development official from Pennsylvania to head a new Buffalo office that will spearhead efforts to revive the upstate New York economy.

Gundersen, 46, will become co-chairman of the state's Empire State Development Corp. and lead the upstate office, the governor told the newspaper in an interview.

If you were to come to the State of New York ....

And if you were to conduct a poll ....

By going into different coffee shops and eateries and such .....

And asking people therein about the EMPIRE STATE DEVELOPMENT CORPORATION .....

* WHAT IS IT?

* WHAT DOES IT DO?

* HOW MUCH INDEBTEDNESS HAS IT HEAPED ON THE BACKS OF NEW YORK STATE TAXPAYERS?

* WHO OVERSEES ITS OPERATIONS?

* DO THE CHAIRMEN SIGN OATHS OF OFFICE SWEARING TO UPHOLD THE CONSTUTION AND LAWS OF THE STATE OF NEW YORK?

It is my bet .....

That you would not find a soul .....

Who could answer any of those questions ....

And yet .....

OBVIOUSLY .....

There is something out there in the State of New York .....

Called the EMPIRE STATE DEVELOPMENT CORPORATION .....

Because New York State Governor Eliot Spitzer has just tapped someone from the State of Pennsylvania to be one of the CO-CHAIRMEN of it ....

Where this Pennsylvanian Mr. Gundersen will have "the power" and resources to reverse the state's loss of young workers and the frustration of businesses facing high taxes and other competitive disadvantages ......

Which is considerable POWER, indeed .....

WHICH ELIOT SPITZER SEEMS TO CREATED OUT OF THIN AIR .....

DESPITE OUR LAWS ....

AND DESPITE OUR STATE CONSTITUTION ....

And that is part of why this thread is now running ....

Because this thing of "PORK" is really an attitude .....

On the part of our elected officials .....

Here in this state .....

That they are beyond the operation of the law, themselves .....

And so .....

[Livyjr]

And that is part of why this thread is now running ....

Because this thing of "PORK" is really an attitude .....

On the part of our elected officials .....

Here in this state .....

That they are beyond the operation of the law, themselves .....

And so .....

"PORK" is a STATE OF MIND .....

"I AM BEYOND THE LAW ..."

"I CAN DO WHATEVER I PLEASE ..."

"NOBODY CAN TOUCH ME ..."

"I AM AN ELECTED OFFICIAL ..."

"I AM BEYOND THE LAW ..."

And so it is ....

Here in the CORRUPT EMPIRE of New York ....

"Hudson alderman arrested - 23-year-old majority leader faces identity theft and forgery charges"

By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union

First published: Tuesday, January 23, 2007

HUDSON -- A 23-year-old Hudson alderman who allegedly used city-issued credit cards to buy drinks at bars, purchase airline tickets and subscribe to an online dating service was arrested Monday by State Police investigators, authorities said.

The arrest of Quintin E. Cross -- a majority leader who was elected to the City Council at age 18 -- concluded a five-month investigation that began last summer when the scheme began to unravel, police said.

Cross is accused of running up about $20,000 in illicit charges between March and July.

The credit cards he allegedly used were issued to Mayor Richard Tracy, Police Chief Ellis C. Richardson and the city of Hudson.

Cross obtained the three cards, and permission to use them, for a government-related conference in Colorado last spring, according to State Police.

But investigators say Cross held onto the cards and continued using them for things such as cash advances, personal car payments, theater tickets and to buy his relatives airfare and hotel rooms for an out-of-state reunion.

The allegations became public knowledge, and the Register-Star newspaper in Hudson had published copies of some of Cross' restaurant and bar receipts while police were investigating, authorities said.

The publicity did not immediately derail Cross' political career.

At last month's Common Council meeting, he led the pledge of allegiance and prayer, voted on a variety of matters and took part in an executive session at which board members discussed a police contract behind closed doors.

Last week, State Police obtained a search warrant to collect evidence from Cross' apartment at 253 State St. in Hudson.

On Sunday night, he was arrested after returning from a vacation in North Carolina.

"He had a 'crazy summer' is how he termed it," said Senior Investigator Gary Mazzacano.

"At one point he forged the mayor's signature on (city) letterhead to have the credit card bills redirected to his home address instead of to City Hall."

"... He made no attempt whatsoever to pay anything back."

In addition to grand larceny, Cross faces additional felony counts for allegedly misdirecting money to the credit companies from two municipal bodies, Hudson Development Corp. and Hudson Community Development and Planning Agency.

Cross has been a board member for those groups.

"He's been very involved in city government, in different committees ... kind of a high-profile young man," Mazzacano said.

Cross was arraigned Monday afternoon in Greenport Town Court on six felony charges of falsifying business records, identity theft, forgery and grand larceny.

He also was charged with misdemeanor counts of official misconduct, unlawful possession of personal identification information and fraudulently obtaining a signature.

Town Justice Robert Brenzel ordered Cross held at Columbia County jail on $20,000 cash bail or $40,000 bond.

Cross is due back in town court at 4 p.m. Monday.

Brendan J. Lyons can be reached at 454-5547 or by e-mail at blyons@timesunion.com.

[Livyjr]

When one reads through history ....

What one finds missing .....

Generally ....

IS US ......

The PEOPLE ....

Generally ....

We are just listed as the "masses" ....

Or the "crowd of people" ......

Or the "mob" ....

As in the case of Rome, during the latter days of its Republic ....

Before civil war brought an end to that forever for the people of Rome .....

And as these things work out ....

My "namesake", if you will, that being Livy .....

Just happened to be there at the end of the Roman Republic ....

He saw it all go down, so to speak ...

And Livy's contribution to OUR knowledge today ....

ALONG WITH OUR CONSTITUTIONAL FORM OF GOVERNMENT .....

WHICH IS SUPPOSED TO PROTECT US FROM A REPEAT OF THE "ROMAN EXPERIENCE" ......

Was to simply write things down as they were happening ....

So that down the road ....

And here we are talking some two thousand years later ....

People like us, in here right now, could be informed ....

As to what came before ....

FORE-WARNED IS FORE-ARMED .....

Or so they say .....

And I find that I am much like Livy in that regard ....

This penchant of mine to "write things down" ....

To track the course of OUR own history, as it were ....

So as to be able to leave some clues for future generations as to what was going on with us ....

"Back then" .....

Which is "now", of course, for us ....

Those of us who are in the "here and now", right now ....

And so .....

Years ago, before I knew of things like this computer forum ....

Which did not yet exist, in any event ....

I would actually read newspapers .....

And I would track trends and developments ....

By clipping news items ....

And by maintaining a file of them ....

Which I could refer back to ....

When people around me would be scratching their heads ....

And wondering ...

"HOW ON EARTH DID WE GET TO HERE?"

And I would pull out some news clippings ....

And I would show people these news clippings ....

And I would say, "IT WAS ALWAYS RIGHT OUT IN PLAIN SIGHT, AFTERALL ..."

"IT NEVER WAS A SECRET .."

And people would respond, "WELL, I DON'T RECALL ANY OF THIS ..."

To which I would reply, "WELL, I DIDN'T MAKE UP THOSE NEWS ITEMS RIGHT THERE IN YOUR OWN HAND ..."

And there it would be .....

FAIT ACCOMPLI .....

Because we, THE PEOPLE, are just too busy with the running of OUR own lives ....

To be able to do OUR jobs as citizens of a REPUBLIC that depends on an informed, and minimally educated electorate .....

TO MAINTAIN THAT REPUBLIC ....

In the face of what always seem to be HISTORIC FACTORS or FORCES that cause the demise of REPUBLICS like OURS .....

And so .....

When you come into this thread .....

You will find at any given time that it is several concurrent themes, all running side-by-side, in here .....

CITIZENSHIP will be in here ....

HISTORY will be in here ....

LAWS, RULES and REGULATIONS will appear in here from time to time ....

And it is my hope ....

That this thread will be interesting ....

To those of you out there, who like me, CHERISH what our forefathers and foremothers have handed down to us .....

Here in OUR America ....

And I would also hope that this thread will stimulate an interest ....

BY YOU ....

In your own form of government ....

IN YOUR OWN STATE ....

Because the better we are in OUR DUTIES as American citizens ....

THE STRONGER AND MORE STABLE OUR REPUBLIC WILL BE ...

AND REMAIN ....

And so .....

At this point ....

I wish to thank CommonGroundCommonSense for the use of this space .....

And I wish to thank all of you who have come by here to date ....

To give this thread a "kick", so to speak .....

To get it out of the starting blocks ....

And on its way down the road ....

And so ...

[Livyjr]

"PORK" is a STATE OF MIND .....

"I AM BEYOND THE LAW ..."

"I CAN DO WHATEVER I PLEASE ..."

"NOBODY CAN TOUCH ME ..."

"I AM AN ELECTED OFFICIAL ..."

"I AM BEYOND THE LAW ..."

And so it is ....

Here in the CORRUPT EMPIRE of New York ....

"Upstate fares poorly in the battle for brains - Spitzer aide faces hurdles revitalizing economy as many educated young people are lured elsewhere"

By MICHAEL HILL, Associated Press

First published: Tuesday, January 23, 2007

ALBANY -- Take a job in Albany or Boston?

Jason Hnatko didn't think twice.

The 2005 Cornell University graduate picked Malcolm Pirnie's Boston office over the environmental firm's Latham branch.

While the 23-year-old Ivy Leaguer grew up near Albany, the pull of a big city by the ocean was too much to pass up.

"Any night you can do anything that you want," Hnatko said.

"If I want to go to an art gallery, I can."

"If I want to go to a jazz concert, I can."

"If I want to go to a major music show, I can."

The exodus of educated young people like Hnatko is one of many big problems in upstate New York.

Daniel Gundersen, Gov. Eliot Spitzer's new economic development czar for the upstate areas, will face a daunting mix of issues from housing to taxes to business costs to the perception that the area is falling behind other parts of the country.

Gundersen, formerly an economic development official in Pennsylvania and Maryland, will become co-chairman of the state's Empire State Development Corp.

He was appointed Monday by Spitzer, who made reinvigorating the upstate economy a campaign theme, at one point comparing the region to Appalachia.

"It's a pretty big eye-opener when you go to other states, especially in the Southeast," said Richard Huftalen, president of the McIntosh Box & Pallet Co., which has five manufacturing plants upstate.

"The economic activity that's going on there makes our sales guys salivate."

"I mean, there's new construction going around every corner and different projects going around all over the place, and we don't see that."

Politicians from both major parties have promised to revitalize upstate New York, with mixed results.

Some of the biggest issues bedeviling policy makers: People: Cities across upstate New York are shrinking.

Census estimates released last month showed New York lost 225,766 people to other states last year.

County-by-county breakdowns have yet to be released, but analysts expect they will again show growth in the New York City area coupled with losses in many upstate areas, especially cities.

Upstate New York's largest cities have all posted population losses since 1990.

Many of the departing people, like Hnatko, are between 20 and 34, which is a sign of economic double trouble.

That not only creates a brain drain of young workers crucial for a vibrant economy, but the aging population left behind requires more services from the government.

Hnatko, who was the salutatorian of his high school in Greene County, said he misses upstate "sometimes, when I pay my rent."

Taxes: New York's combined state and local tax burden perennially ranks among the highest in the nation.

Property taxes routinely top the list of homeowner complaints around the state.

But in some upstate areas, high property taxes are coupled with low home values.

So a downstate resident might pay $7,000 in property taxes, but her home is worth $540,000.

In Niagara County, the median property tax is $2,576 and the median home value is $91,600.

Taxes are higher there as a percentage of home value.

Niagara County is No. 1 nationwide for taxes as a percent of home value, according to the Tax Foundation.

The advocacy group includes eight other upstate counties among the top 10 nationwide in that category.

Spitzer has promised to introduce a property tax cut aimed at middle class homeowners.

Jobs and business: Upstate New York was once packed with factories, from the mills of Buffalo to the locomotive works in Schenectady.

Those jobs dried up slowly after World War II.

The number of upstate manufacturing jobs in November was 336,000, a 22 percent drop from 2000, according to the Public Policy Institute, a research group affiliated with The Business Council of New York State Inc.

While there have been gains in other sectors such as health care and education, economist Richard Deitz of the Buffalo branch of the Federal Reserve Bank of New York notes there has been little overall job growth upstate in the past 15 years.

The lag is often blamed on the state's business climate.

Electricity prices, natural gas costs and taxes can all run high in New York.

A manufacturers' survey released this month by the Federal Reserve's Buffalo branch listed workers' compensation costs as the No. 1 complaint, followed by state taxes.

Although Kodak has cut back dramatically in Rochester, optics and imaging businesses have taken root in the city and the nearby Finger Lakes.

Eastern New York is starting to make good on its Tech Valley nickname with a nanotech facility in Albany and possibly a multibillion-dollar computer chip manufacturing plant in Saratoga County.

Upstate New York remains loaded with colleges and universities.

That could be crucial if, as Deitz believes, upstate New York needs to have a skilled work force ready to fill jobs at every level.

"The future seems to be about knowledge and brain power," Deitz said.

"It doesn't mean just the highest echelon of the educated work force; ... it can also apply to those with a high school diploma."

"There's a lot of room for that segment of the work force to also become higher skilled."

[Livyjr]

There's something happening here ....

What it is ain't exactly clear ......

"PORK" is a STATE OF MIND .....

"I AM BEYOND THE LAW ..."

"I CAN DO WHATEVER I PLEASE ..."

"NOBODY CAN TOUCH ME ..."

"I AM AN ELECTED OFFICIAL ..."

"I AM BEYOND THE LAW ..."

And so it is ....

Here in the CORRUPT EMPIRE of New York ....

"Feeding off taxpayers no crime, lawyer says - Cronyism, big spending called usual government practice at Strevell trial"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Thursday, January 18, 2007

ALBANY -- A defense lawyer for the Rensselaer County entrepreneur whose organization got more than $1 million in member item grants directed by Sen. Joseph L. Bruno is arguing in federal court that dishonesty isn't necessarily a federal offense.

William P. Fanciullo, lawyer for J. Felix Strevell, the former director of the now-defunct Institute for Entrepreneurship, also said that Strevell's actions, including putting relatives on the state payroll, were normal practices in government.

Fanciullo asserted that the U.S. attorney's case against Strevell is full of allegations that should not be classified as federal crimes.

Strevell is charged with nine counts of mail fraud and six counts of wire fraud.

The case before U.S. District Court Justice Gary L. Sharpe centers on Strevell's lavish spending on himself and on parties that honored lawmakers who helped him get public money.

Among its funding sources, the institute received two $500,000 discretionary grants, known as member items, through Bruno in 1999 and 2001.

Strevell allegedly misused some of the $8 million in mostly taxpayer funds raised by the institute during his reign from 1998 to 2001, when he and his brother, Chauncey, the former chief operating officer, abruptly quit.

While at the institute, Strevell hired friends, relatives of powerful Republicans, his daughter and his daughter's boyfriend.

He also used institute funds to purchase clothing and trips for himself and family members.

"Hudson alderman arrested - 23-year-old majority leader faces identity theft and forgery charges"

By BRENDAN J. LYONS, Senior writer, Albany, New York Times Union

First published: Tuesday, January 23, 2007

HUDSON -- A 23-year-old Hudson alderman who allegedly used city-issued credit cards to buy drinks at bars, purchase airline tickets and subscribe to an online dating service was arrested Monday by State Police investigators, authorities said.

The arrest of Quintin E. Cross -- a majority leader who was elected to the City Council at age 18 -- concluded a five-month investigation that began last summer when the scheme began to unravel, police said.

Cross is accused of running up about $20,000 in illicit charges between March and July.

The credit cards he allegedly used were issued to Mayor Richard Tracy, Police Chief Ellis C. Richardson and the city of Hudson.

Cross obtained the three cards, and permission to use them, for a government-related conference in Colorado last spring, according to State Police.

"He had a 'crazy summer' is how he termed it," said Senior Investigator Gary Mazzacano.

"At one point he forged the mayor's signature on (city) letterhead to have the credit card bills redirected to his home address instead of to City Hall."

"... He made no attempt whatsoever to pay anything back."

In addition to grand larceny, Cross faces additional felony counts for allegedly misdirecting money to the credit companies from two municipal bodies, Hudson Development Corp. and Hudson Community Development and Planning Agency.

Cross has been a board member for those groups.

For years and years and years, now .....

Going back and back in time .....

Back into the last century ....

And the one before that .....

The 1800's .....

The PEOPLE of the State of New York ....

Have had a problem with CORRUPTION in OUR state government .....

And none of this, of course, is any kind of secret .....

It is more a story that people in other parts of the United States do not know .....

Because it is not happening where they are .....

AND UP UNTIL THIS COMPUTER FORUM .....

It is a story that has received no real media attention ...

THE MEDIA BEING A PART OF THE PROBLEM .....

And so .....

Here we are today ....

In this FORUM .....

And it is indeed a whole new day for those of us up here in the State of New York who have been literally WITHOUT A VOICE these last so many years ....

A VOICE IN WHAT GOES ON IN OUR COMMUNITIES ....

A VOICE IN WHAT GOES ON IN OUR STATE .....

And that is not at all by accident ......

To the contrary .....

IT IS BY INTENT ....

AND DESIGN ....

And so .....

We are without a voice in OUR state government up here for several reasons .....

Which boil down to either two .....

Or one, depending upon how you view the situation .....

AND THAT IS POWER, AND MONEY ....

Which feed each other .....

At least here in the State of New York ....

TO OUR DETRIMENT, THOSE OF US WHO ARE THE TAX-PAYING MEMBERS OF THE PUBLIC, UP HERE IN THIS STATE .....

Those who profess to be OUR assemblymen and state senators up here ......

DO NOT ACTUALLY REPRESENT OUR INTERESTS .....

Partly because of the rules of the New York State Senate and Assembly which vest all of the power in the hands of two people .....

Which stifles any input that WE, THE PEOPLE might have, assuming that we actually had someone in there trustworthy and not already compromised to make input on OUR behalf ....

And largely because they simply do not have the time, they tell us, to be looking out for any concerns we might have ......

BECAUSE THEY ARE TOO BUSY RAISING MONEY FOR THEIR NEXT BID FOR THEIR NEXT OFFICE .....

Which brings us back to "PORK" ......

And why "PORK" is as much of an attitude, as it is anything else .....

A "SYMPTOM" of an UNDERLYING STRUCTURAL PROBLEM in OUR constitutional form of government here in the State of New York ......

WHICH HAS BEEN HELD TO BE ONE OF THE MOST DYSFUNCTIONAL GOVERNMENTS IN THE WHOLE OF THE UNITED STATES OF AMERICA .....

And so .....