“The synthetic solution to these conflicts can’t be introduced unless those being manipulated take a side which will advance the predetermined agenda.” Georg Wilhelm Friedrich Hegel
Last Thursday evening as I watched and listened to a public forum in which five elected representatives of the people offered their views on the recently adjourned session of the legislature in the state of Arkansas, it dawned on me, especially in one particular instance, what I was indeed witnessing was a perfect example of the Hegelian Dialectic in full blossom when the subject of the meeting rolled around to Tort Reform.
Obviously, the legislature, in particular, the Senate, has determined that there is a problem, that only the legislature could fix by proposing an amendment to the Constitution of the state of Arkansas. The question that must be answered is this: does this problem in fact exist or is it a synthetic problem as mentioned by Hegel above? In other words, where is the outcry from the people themselves that demands from the legislature a remedy to cure the alleged political disease?
While not one person in the assembly that night mentioned any specific reality that would require the amending of the Constitution, an Arkansas state Senator stated, “books have been written about this problem” although he too could not cite any specific case in which to support his allegation. One would think if there are so many instances of the problem existing that books have been written about it, he could have quoted at least one.
Absent any real public demand for a solution to the alleged problem there must be another motivating factor which is driving this particular legislation, that, if approved, will diminish the individual and constitutional rights of the people themselves. If the people are not the driving force behind any issue, then, the only inescapable answer would be the issue is being driven by special interests and their money. One does not have to be a brain surgeon or a rocket scientist to comprehend the fact politicians profit in many ways when they promote the agenda of special interests instead of the rights of the people. The examples are prolific in number.
According to Hegel, the synthetic solution to an issue advocated by special interests and their political puppets cannot be advanced until the targeted group (individual voters) are convinced there is a problem that exists which requires the forfeiture of inalienable individual rights and the only way it can be solved is with further government intervention into the affairs of the people.
The preferred language of the special interest-inspired and motivated politician when it comes to the issue of Tort Reform is “frivolous lawsuit.” Yet, when challenged to produce just one such case, this proponent of an attack on the guarantees provided in the US Bill of Rights and the Arkansas Declaration of Rights could not produce an example. But, this legislator did become agitated when pressed to provide such an example and began to talk down to his constituent who posed the question. When a legislator, at any level, cannot provide a single example of a wrong which he/she claims exists and must be dealt with by surrendering constitutional rights, should we not all question if there is, in fact, a real problem?
Many in the past have pointed to the case of the elderly lady who spilled McDonald’s hot coffee on her lap and subsequently sued McDonalds when they refused requests to pay her medical bills. To coin an old phrase, anyone who is critical of this settlement and has become a victim of the propaganda and deceit of the media and assorted politicians really needs to hear the “rest of the story.” This can be found in the video presentation called “Hot Coffee.” The free trailer to this must watch video can be found here. The complete video will cost you $2.99. If you feel your inalienable rights are not worth 3 dollars and an hour of your time, you should not be voting.
As stated above the inflammatory keyword which political proponents of the relinquishing of our rights demanded by our founders and expressly declared in our Bills and Declaration of Rights is, “frivolous lawsuits.” They propose a synthetic solution to a problem of their own creation in which the power of the people, operating in their sovereign duty as a member of a jury, is to be relinquished to the legislative and judicial branches of government. What they dare not tell you is that solution already exists within the judicial branch of Arkansas known as “Rule 11,” which is stated thusly:
“(b) The Supreme Court or the Court of Appeals shall impose a sanction upon a party or attorney or both for
(l) taking or continuing a frivolous appeal or initiating a frivolous proceeding, …” (Emphasis added) Notice please the wording, “shall impose” not can or will. This indicates sanctions against those who file a frivolous lawsuit are mandatory and not subject to discretion.
So, if there already exists a legal remedy for the filing of a frivolous lawsuit, why then are legislators, lobbyists and special interests advocating for an amendment to the Constitution and Declaration of Rights which would limit the rights of the people? I am sure the answer to this is money, for nothing else makes any sense at all. The money lost would be by the people while the money gained would go to the big businesses (special interests) in the state. This would certainly explain why a synthetic problem has been presented to the people in order that a synthetic solution can be obtained which requires the masses be duped into voting away their inalienable rights.
Also at this public gathering on April 13 was a member of the Arkansas House who stated the following: “Tort Reform was passed previously by the legislature but it has been incrementally struck down by the Supreme Court.” So, to take his statement to the lowest level of understanding: Tort Reform was passed in previous legislation but was declared unconstitutional by the Supreme Court so we are bypassing the courts and trying again to convince the people to vote away their rights themselves, believing by doing so they are fixing a problem that doesn’t actually exist. Hegel lives!!
Both Thomas Jefferson and James Madison stated the people themselves are the final arbiters of what is and what is not constitutional and they are to exercise that power through their sovereign duty as jurors. What Tort Reform (SJR8) proposes in Arkansas is to take this sovereign duty away from the people and place it in the hands of the government. Never, ever, in the history of this world has the relinquishing of individual rights to the powers of government ever promoted the cause of Liberty and the sacred rights of man.
Again, to break this issue down to the most basic level and to understand how the Hegelian Dialectic is busy at work in Arkansas is relatively easy: Big business and their lobbyists seeking to avoid financial responsibility to those who depend on them for their health, safety and welfare, and pay dearly for it, having been duly reprimanded by previous jurors for their negligence in the care of others have sought a political remedy by promoting legislation which limits their financial liabilities in each case. To accomplish this goal, the people must be convinced that there is a problem (synthetic) which does not really exist. In fact, there is a remedy already in place for this completely concocted boogeyman. (Rule 11)
In this endeavor, the legislators who support this intrusion on the rights of the people they are elected to represent, must, by default, place the desires of big business and special interests above the rights of the people. They believe they can salve their collective conscience if they convince the people to do it to themselves. Such politicians will never truly pursue the interests of the people over the rights of special interests and should be treated accordingly come election day.
“All the worth which the human beings possesses, all the spiritual reality, he possesses only through the state…” ~ Hegel
To be continued…
IN RIGHTFUL REBEL LIBERTY