You are currently browsing the category archive for the ‘states rights’ category.

It makes sense to me that if you believe in “we the people” that this has to start from a base of trust. It appears to me with all of the voter ID initiatives taking place in this country that Republicans/conservatives are having a problem with “we the people”. “We the people” can be trusted to participate in the free market, participate in this Democracy, and to not only be responsible citizens to bear arms but to sell and purchase arms at unregulated gun shows.

Yes, “we the people” can be trusted in all of these human endeavors but we cannot be trusted to vouch for another citizen or participate in a court room out our back door in a state court as a member of a jury.

If we believe in “we the people” then does not that have to start from a base of trust? If we believe in “we the people” then should not “we the people” be trusted to participate in one of the fundamental institutions of free men, the American justice system?

The founding fathers evidently believed in “we the people”. The founding fathers understood that Democracy was no Wal-Mart because Democracy sometimes is not efficient but then again that is not the goal of Democracy.

We forget the origins of America. America was a creation of those people that wanted to escape from religious persecution in Europe. The British North American colonies sprung up from the conviction, held by Protestants and Catholics,  that uniformity of religion must exist in any given society. This conviction rested with the belief that there was one true religion. Religious majority groups who controlled political power punished dissenters.

No, this is not about religious persecution but we tend to forget the origins of America and we seem willing to give it away for our “bright shiny trinkets”. We seem all to willing to give it away for security. We seem all to willing to give it away in pursuit of the “wal-martization” of Democracy.

So I ask you this, do you trust “we the people”?

Advertisements

Recall that the Pinto’s design met all government standards of the time. Had compliance with federal standards been a complete defense of vehicle safety, Ford could not have been held accountable for the many burn victims that the company was later shown to have anticipated.

So why are medical devices different? Why is it that the politically controlled FDA’s approval and standards preempt the medical device industry from accountability? Should the Supreme Court take this argument to drug companies or any type of company that is regulated by the government such as the auto industry? How would you feel if your sixteen year old son were killed in a Ford Pinto? What would you do if you were not able to sue Ford to discover what happened, to discover what Ford knew and hid?

How Our Cars Got Safer

I heard it again. A Republican/conservative talking about the wisdom of the American people and in the same breath talking about capping medical malpractice payouts because the American people are to dumb to sit on a jury in a local STATE court house out their backdoor deciding how they want to orient society in their state.

Well, he did not really say the American people were to dumb to sit on a jury. He was talking about those damn lawyers. Those damn lawyers with their magic wands and fairy dust casting his spell on those wise Americans sitting on the jury.

You see, when you graduate from law school you have two tracks. You can become a corporate lawyer or a trial lawyer. If you become a trial lawyer you are handed a magic wand and fairy dust. If you are a corporate lawyer all you get is tons of money, putting them at a big disadvantage.

So let me see if I get this right.

The system has a lawyer for the plaintiff, the pied piper with his magic wand and fairy dust, and a lawyer or lawyers for the defendant and their tons of money. There is one judge, the referee, and twelve citizens called the jury, the wisdom of the American people. Each side tells their story and presents their facts, unlike talk radio and cable news. When each side has completed their arguments and presented all of their facts the judge tells the jury the laws that must be applied when deciding the case. The jury then moves to deliberate the case in private amongst themselves.

Yes, I can see where this Republican is coming from. I can see the stupidity of  the collective wisdom and judgment of its citizens. Scary stuff, this “we the people stuff”. Why do we even let these pinheads and idiots participate in Democracy if they are not capable of sitting on a jury in a local state court out their back door?

It is time to bring in the Federal government to settle this matter and take these rights away from the states and its citizens.

This is how the Republicans/conservatives define “We the people…” Do not let them sue when the politically controlled FDA “approves” a device because “we the people…” are not smart on enough on a jury in a court room in our local backyard to make decisions as to how we want to orient society.

http://pagingdrgupta.blogs.cnn.com/2011/02/14/testing-was-lacking-in-most-recalled-medical-devices/?hpt=Sbin

Why have companies behaved so badly this past decade? Was it cost cutting? Was it greed?

DC and the US Chamber are continuing their march to destroying all middle class protections. The next battle is to get generic drugs preempted from state tort laws because the politically controlled, conservatively underfunded FDA has approved the drug. This is the perfect situation that big business loves. They have the power and the influence to squeeze every ounce of profit out of life.

So who is going to protect the middle class? It is not the Democrats/liberals, Republicans/conservatives or libertarians. No one believes in the power of citizens to determine how they want to orient their society.  We have given up on juries in deciding how citizens want to orient their society. We have given up on ourselves. Maybe we really to need a king since we are not smart enough to determine what is important and what is not?

“Food and Drug Administration inspectors found in April that McNeil Consumer Healthcare, which has voluntarily recalled certain lots of its children’s and infants’ Tylenol products, knowingly used bacteria-contaminated materials to make them, a report posted Tuesday by the agency says”

http://www.usatoday.com/news/health/2010-05-04-tylenol-plant_N.htm?csp=34

A warning letter?! It is up to the manufacturer to provide information to the FDA. I also did not hear of any fine against Medtronic. What will force them to cleanup their act or is Medtronic to big of a ship to steer?

“It took almost two years from when the missing propellant was initially identified to conduct a recall.”

“In a statement, Pat Mackin, president of the Cardiac Rhythm Disease Management business and senior vice president at Medtronic said, quoted the Business Journal, “Medtronic remains committed to providing the highest quality products to our customers and is working with FDA to resolve all remaining issues as quickly as possible…”

“FDA is concerned with your failure to initiate a recall for devices affected by the propellant problem in a timely manner,” the warning letter, dated June 1, states. “It took almost two years from when the missing propellant was initially identified to conduct a recall.”

“According to the letter, training records indicated that the employee who evaluated MiniMed pump reports only had a high school diploma with some additional in-house training.”

http://www.newsinferno.com/archives/13953#more-13953