Guess Who Now Owns Your Home??

The startling headline in the news recently read: 'Supreme Court Rules
Cities May Seize Homes.'

Huh? How can this be? Isn’t one of the main principles of America the idea that ownership of your own property is self evident and secure? Guess not any more.

The news article further states: "Cities may bulldoze people's homes to make way for shopping malls or other private development, a divided Supreme Court ruled, giving local governments broad power to seize private property to generate tax revenue.

In a scathing dissent, Justice Sandra Day O'Connor said, “The decision bowed to the rich and powerful at the expense of middle-class Americans." Four of the five normally considered more “liberal” justices who voted for this travesty, (my choice of words) were joined by Justice Anthony Kennedy, a Reagan appointee who supposedly is (was) a 'conservative.' (Although I’m not sure what this means any more. The judges now vote so unpredictably, one has a hard time placing them in any political category such as “liberal” or “conservative”.)

The Chairman of the Sovereign Society, Jack Pugsley, writing in the July 2005 issue of the newsletter, ‘The Sovereign Individual’, wrote:

"Those of us at The Sovereign Society agree that the right of property is fundamental to civilization. In fact, the central tenet of our credo is that every individual has the natural right to keep, control, and dispose of his or her justly acquired property."

Pugsley went on to quote, William Howard Taft, 27th US president who said:

"Next to the right of liberty, the right of property is the most important individual right guaranteed by the Constitution and the one which, united with that of personal liberty, has contributed more to the growth of civilization than any other institution established by the human race."

Pugsley added this (and sadly he was right):

"However, Taft was wrong saying the Constitution guarantees citizens’ right to property. The 5th Amendment states that no person shall "be deprived of life, liberty, or property, without due process of law." Thus property is not sacrosanct. Your property is safe unless legislators decide someone else needs it more than you do."

And now the US Supreme Court has said just that. Public use supersedes private property. (Wow, I can’t believe I just wrote that…and it’s the law of the land.)

In effect, the Court has placed above the right to private property the politicians who operate at a level of government well known for corruption; and highly susceptible to the wishes of builders and developers who dole out political donations and jobs.

This ruling turns American history and tradition on its head. Alexis de Tocqueville in "Democracy in America" (1835/1840) said of property rights: "Why is it that in America, the land par excellence of democracy, no one makes that outcry against property in general that echoes through Europe?" His answer: "It is because there are no proletarians in America. Everyone, having some possession to defend, recognizes the right to property in principle."

Over the last two centuries many American politicians have tried to make private property an object of scorn, even contending that owning property does not rise to the level of a civil right. Now five judges have ignored history and basic human rights. A full 70% of US residents own or are buying their own homes -- and now they are all in danger of government confiscation at the whim of politicians.

Now some people say we get “too worked up” over new laws that take away the very foundations of American democracy and freedom, as we often do in this newsletter. They say, “You’re going overboard. The government wouldn’t get that bad. After all, this IS America. Just because they do things to some people, doesn’t mean they’ll do it to everyone.”

Whenever someone says that I have to ask, “Are you SURE that YOUR home won’t be next? Are you SURE that your family won’t be the next victim of these anti-American laws that Congress keeps passing or that get voted in by judges?” Everyone assumes that these nightmares won’t affect them until they do affect them…and then they wonder, “How did this ever happen?”

Basically, I don’t care if some people think all this tinkering with the basic rights of the United States Constitution is “alright”. My standard is if any law would make Thomas Jefferson or Benjamin Franklin roll over in their graves…then the law sucks. And I KNOW that this loss of personal property law would definitely make our forefathers sick as dogs.

In truth, private property serves as the basis for all liberty, since without personal economic power, a job, a home, wealth, the individual cannot support himself or his or her family, and is far more prone to government control -- just as many politicians and now judges love to have it. If ever there was a case to be made for a constitutional amendment to overturn a Supreme Court decision, this is it.

If you haven't started your financial planning for '05, DO IT NOW! Don't delay. Call us up for your annual review, RIGHT NOW, while this is fresh on your mind. We'll take care of the rest! (Don't forget, we know where to find you!) REMEMBER- WE WANT YOU TO CONTACT US WITH YOUR "HERE'S WHAT WE'RE THINKING ABOUT DOING QUESTIONS", NOT YOUR "GUESS WHAT WE JUST DID!" COMMENTS!

Did You Know…
(Our monthly feature of tidbits of news and info to make your life easier, your money work harder and so you’re healthy all the time!)

1.) Process for getting a driver's license will get more complicated-Homeland Security officials say the Real ID Act, which the Senate approved recently, is a step forward. It would make it more difficult for illegal immigrants to obtain identification. The federal government will recognize when they try to board an airplane, fill out tax forms, or open a bank account. But the measure would affect U.S. citizens as well. Americans would need an authentic copy of their birth certificate to apply for a new driver's license or renew an old one. The certificates must be verified at the counter of the Department of Motor Vehicles, along with other identification, such as Social Security numbers and utility bills. Governors and officials in motor vehicle departments oppose the act which would lead to long lines at the DMV. States would not be required to comply with the legislation, but their residents would pay a price if they did not. They probably would be turned away when they tried to enter airport gates unless they had other identification such as a passport. (President Bush signed the Act on May 11.) Illegal immigrants would still be able to obtain documents that allow them to drive, but the papers would bear a stamp, or color code, showing that they should be used solely for that purpose and not as identification. The National Conference of State Legislatures said that complying with the new regulations within three years, as the measure requires, would cost states $500 million to $700 million. Rep. F. James Sensenbrenner Jr. (R-Wis.), the measure's sponsor, said the cost is closer to $100 million.

2.) Put a tiger in your tank... In the future, your computer will organize files for you. You'll be able to find anything, and find it fast. But is the future now? The new Apple Mac OS X, called Tiger, features a powerful search feature called Spotlight. Spotlight is search extreme. It updates immediately and in real time, indexing not just filenames, but contents of a file and file type, presenting and sorting files instantly as you type keywords. According to The New York Times, the feature "is an enhancement so deep, convenient, and powerful, it threatens to reduce the 20-year-old Mac/Windows system of nested folders to irrelevance." Meanwhile iChatAV lets you have a full-screen voice and video chat with anyone, anywhere in the world who is connected to the internet and uses Tiger. Up to 10 people can chat at any time on the system that employs almost eerie, movie effects graphics.

3.) New 'blink' credit cards don't have to be swiped…Credit card companies are urging merchants to set up machines that will allow their new credit cards to be waved or passed in front the units. J.P. Morgan Chase is issuing millions of new cards that can be waved. It's the first bank to issue Visa- and MasterCard-branded cards with the technology called "blink." Chase serves more than 90 million credit card holders. American Express has joined in. It will issue its "ExpressPay" version of the technology to new customers. Both cards contain a special chip that is recognized by the merchant's terminal. When consumers pass the card in front of the machine, the reader lights up and beeps to signal that the transaction has been authorized. An agreement has been reached on a standard that enables all of the readers to accept any card that is equipped with the chip.

Development of the "contactless" payment is the biggest technological advance for credit cards since magnetic strips were embedded in cards about 30 years ago. The new method doesn't require a signature. Customers have become comfortable with not signing when they order online and at gas stations. Not signing also saves time. According to The Wall Street Journal, the new card is more secure because it never leaves the holder's hand. The cards have encrypted software that prevents duplication and data theft.

Client News And Tidbits!

Here are the new clients that became members of our firm’s family this last month! We’d like to welcome you publicly, and wish you all the best!

Welcome To New Clients And Thank You For Referring!

• Rudy Fraraccio, Sarasota
• Ruth Joelson, Nokomis
• Tom Difiore, Esq., Tampa, Referred by Michael Eschevarria, Esq. Thank you, Mike!
• William “Bill” Leyden, Osprey
• Al Wilson, Sarasota

We love giving recognition to our new friends and our wonderful existing clients who are kind enough to refer their friends and relatives to us! We’re all helping each other, which is the whole point of all this! Right?

Health Tip Of The Month…

Keep Your Heart Healthy Now To Prevent Alzheimer's Disease In Later Life.

(These tips are not for everybody and should not be taken as specific recommendations. Before you take any action regarding yours or anyone’s health, we strongly suggest you consult a qualified physician!)

Maybe it was inevitable that scientists would find that almost every late-life condition is linked to how we live our lives for decades before. But they are surprised at how the link between heart health and Alzheimer's disease has emerged.

Neuropsychiatrists at Johns Hopkins University School of Medicine say it appears that reducing your risk of heart attack or stroke also helps to keep oxygen-rich and nutrient-rich blood pumping into your brain. Brain cells can then stay healthy and keep areas of the brain from withering. Withering causes symptoms of Alzheimer's disease such as memory loss, disorientation, and erratic behavior.

Some experts say the buildup of plaques in the arteries of cardiovascular patients is similar to the buildup of plaque in the brains of people with Alzheimer's disease. The new discoveries provide hope that the strategies used to prevent heart attack and stroke can also prevent Alzheimers.

Their advice:

• Control blood pressure. Keep it at 120/80 or less, whether by diet, exercise, weight loss, or taking drugs. A Swedish study shows that lowering blood pressure with medication significantly reduces the risk of Alzheimer's.
• Prevent or control type 2 diabetes. Diabetes damages blood vessels, which reduces blood flow to the brain.
• Maintaining a healthy weight is important.
• Fight bad cholesterol. Studies show elevated low density lipoprotein (LDL) may contribute to beta-amyloid plaques that are typical of Alzheimer's. Increase good cholesterol with diet and aerobic exercise. People with the highest levels of HDL are far less likely to get Alzheimer's.
• Eat well. Get plenty of antioxidants, B vitamins, and folic acid. Eat fruits, vegetables, and dairy products. Buy whole grain bread, rice, and pasta. Get healthy fats from nuts, seeds, fish, and olive oil.