Why Constitutional Ammendments Are Not The Answer.

Mike Huckabee has supported at least 3 different Constitutional Amendments during his campaign for the Presidency. He wants a Constitutional Amendment banning abortions, a Constitutional Amendment banning same-sex marriage, and lately a Constitutional Amendment denying citizenship to people who were born here if their parents are here illegally. He apparently also wants to change the 16th Amendment as its current form would prohibit his Fair Tax proposal.

Let me make clear that I agree that we should stop abortions and that marriage should only be between a man and a woman. I also think that our current tax code needs to be repealed and something like a flat tax or the Fair Tax ought to replace it.

But agreeing with the principles does not mean I agree with the idea of Constitutional Amendments whenever we see a societal ill that needs repair.

Our country was founded to be a group of independent states that were joined together by a common defense and a restrained federal government that was representative of each individual state to act on behalf of the whole. It was formed like a co-op of businesses who group together to gain greater bargaining power, improved trade ability, and increased protection from external forces.

As such, our Constitution was written to grant only a limited number of necessary powers to the federal government, retaining most of the powers and rights to each individual state. That is why our union is called the United States of America. Even in our name we proclaim the value and power of the individual state.

It is with that history and those principles of limited federal government in mind that while I support stopping abortion I reject the idea of proposing a Constitutional Amendment at this time to do so.

It is liberal idea to increase government powers and write new laws to regulate behavior. It is a liberal idea to legislate in order to prevent activity. It is a liberal mindset that thinks the answer to all ills is increased legislation and a reduction of state's powers and personal liberty.

Just because I agree with a principle doesn't mean I agree with the means. Suggesting Constitutional Amendments to correct every principle we hold dear will lead to an even stronger federal government and a weakening of states' rights. And what happens when our principles are in the minority? Once we have set a precedent to use Constitutional Amendments to correct everything we think is wrong... what happens when people we disagree with are in the majority and create their own Amendments to protect against us?

A true conservative does not suggest a Constitutional Amendment to solve every problem, because a true conservative is serious about limited government and reduced federal powers. No matter how bad Huckabee and others want to convince you otherwise, the term "conservative" means something, and a limited federal government is at its core. Its not lip service, and its not something that can be dismissed on a whim... limited government is the central ideal on how all issues should be addressed.

Its sad that Mike Huckabee himself and his surrogates have misrepresented Fred Thompson's view on abortion and same sex marriage because he holds to his conservative principles. Its even more sad the many people calling themselves conservatives didn't see right through it.

Fred Thompson wants to stop abortion, protect the traditional definition of marriage, secure our borders and fix our tax code. He just doesn't want to sacrifice his principles and our Constitution to do so.

Make no mistake, the liberal precedent of legislating every issue is what needs to be stopped. Just because we like the issue doesn't mean we should turn a blind eye to the method. Anyone who doesn't consider that before suggesting changes to our laws or Constitution is no conservative.

Fred Thompson is the only conservative in the Presidential race tonight. I pray that statement holds true tomorrow. The others remaining are unacceptable on the premise of conservatism and unworthy of our nation's highest post. And if we lose candidate Fred Thompson tomorrow because of this money and media controlled process, than it is Conservatives and our Constitution that have truly lost.

The E-Mail I Just Sent to Huckabee's Campaign

When I first was inspired by Governor Huckabee I submitted this site to his blog roll. I let the campaign and my visitors know that I was not decided on Governor Huckabee but was leaning his way. They not only included me, but mentioned American Elephant on Huckabee's blog. I was honored at the time and a bit humbled. It said a lot to me about a campaign that would include someone who wasn't in the bag, but was publicly on the fence and critical of Huckabee and was openly still deciding on a candidate.

Times have changed. The more I have learned the more I have backed away. I announced my decision to fully support Fred Thompson on January 3rd. But my change has gone even further. I have not just chosen the better of two candidates.... I am fully committed to one and feel betrayed by the other. It is with that sentiment that I sent the following letter to the Huckabee campaign, asking for them to remove American Elephant from their blogroll. I have never hidden my struggle with choosing a candidate, and I was admittedly very pleased when the Huckabee campaign linked to this blog. Therefore I find it only appropriate to also publicly display the e-mail I just sent their campaign asking to now be removed from that very blogroll.

Please remove my blog, American Elephant Blog (elephantusa.blogspot.com) from your Blogroll. I have been waffling about Governor Huckabee for a while, but his latest comments over the last few weeks have given me no choice but to completely withdraw my support. Governor Huckabee doesn't seem to stand on any of his principles (like another former Governor from Arkansas). I expect more from my Presidential candidate and from a Baptist Minister. Huckabee should be a beacon of character and principles, someone we can all be proud represents us. But his latest change on the Constitution as a living document, his intellectual inconsistency on illegal immigration, his change in stance on a national smoking ban, wanting to close Gitmo, etc all leave me unable to honestly support the man who does not have the strength to maintain his convictions.

I feel lied to and betrayed by the man who portrayed himself as a conservative Christian with principles. I don't question his faith but I do question his courage, character, conservatism and consistency. I can not support him for the Presidency and request that my link be removed from his blog roll.

Thank you.


American Elephant
elephantusa.blogspot.com

Will the real conservative please stand up?

If you have followed this blog, you have seen a metamorphosis from a man who struggled which of two candidates to support to a man who only believes in one. Those two candidates were Governor Mike Huckabee and Senator Fred Thompson. The later of the two has my utmost support to this day. The former has lost my support and is beginning to lose my respect.

I said that something about Governor Huckabee just didn't feel right... and the more I listened and learned about him the more uneasy I felt. That uneasiness has been gaining intensity as of late to the point that it has officially boiled over today. Instead of being the slightly lessor of two candidates, Governor Huckabee is now officially someone I could not and will not support. In a general election between him and one of the two democratic challengers I honestly don't know if I would hold my nose and vote for Mike or write in someone else. Governor Huckabee is not the conservative he claims he is... the more he talks the more he sounds like another former Arkansas Governor who changed his message based on his audience and polling data. I have no respect for someone who is running for office and has no consistency in their principles. As a Baptist minister I never thought that could be applied to Mike Huckabee... but today he proved there is no doubt... consistency is not in his vocabulary.

Today on CNN, Governor Huckabee said that the Constitution was a "living, breathing document" (about 3:55 into the video).



While on his campaign website, Governor Huckabee completely disagrees.

I firmly believe that the Constitution must be interpreted according to its original meaning, and flatly reject the notion of a “living Constitution.”

Calling the Constitution a "living" document is liberal-speak for saying that it can be changed, modified or adopted to reflect polls or public opinion. Calling it a "living" document makes way for activist judges to interpret the Constitution as they see fit instead of being "faithful adherents of originalism and textualism." (also a quote from Mike Huckabee's website that contradicts his CNN interview today).

Make no mistake, the "living" document argument is what liberals use to justify abandoning the second amendment... certainly the framers didn't anticipate semi-automatic weapons. The "living" document argument is what liberals use to justify abortion... certainly the framers weren't thinking about abortion when the guaranteed the protection of "life" and "liberty".

Thankfully there is a true conservative in the race today who believes in conservative principles and desires to uphold the original context of the Constitution. Thankfully, real conservatives have a choice. Fred Thompson is the only man in the race who believes in the strength of the Constitution and the guarantees within it. Fred Thompson will protect the Constitution and its ideals of limited government and appoint judges who will do the same. Fred wrote today:

I do not believe the Constitution is a living, breathing document. I am committed to appointing strict constructionist judges to the bench if I am elected President, strict constructionists who believe the Constitution has a fixed meaning that can be applied to cases that come before the courts today. They do NOT believe the Constitution is a “living, breathing document,” whose meaning, constantly changing with the sifting sands of our culture, can be determined and applied by unelected judges.

I fear that this loose language about our Constitution calls into question Governor Huckabee’s appreciation and understanding of the issue of judicial activism and raises questions as to what kind of judges he would appoint were he to become President.

We can not afford to have another Arkansas Governor in the White House who has no core principles and neither can our Constitution. Baptist Minister or not, Governor Huckabee is continuing to prove my uneasiness was right and that he is not the right man to become our President.

Conservatives have a choice. Someone who will fight to stop abortion and protect the Constitution from liberal activist re-writes. Support Fred Thompson, thankfully there is one consistent conservative to stand with us.

Mike Huckabee Flips For Fred!

It is no secret that Governor Huckabee supports a federal smoking ban... or at least he did. He said so publicly this past August at an event with Lance Armstrong moderated by Chris Matthews. And he gleefully signed legislation in Arkansas banning smoking in indoor spaces. Just read this quote from 2007:

As a governor, I led our state to become the first state in the South to have a statewide ban on smoking anywhere indoors and I’m proud of that and it wasn’t the easiest thing in the world to get done,” Huckabee said. “It was hard. And I’ll tell you something, Chris, it takes the personal involvement of the chief executive to make that happen,” he said.

Fred Thompson has been hitting Huckabee hard on this issue because it falls in stark contrast with his limited federal government ideals (i.e. Federalism). At best this is a state issue, the federal government has more important things to deal with than enacting or enforcing smoking bans.

And apparently Governor Huckabee now agrees. Taking a page out of John Kerry's book, Governor Huckabee has flip-flopped on this issue and now calls it an issue for individual states to decide. Like the rest of America, it sounds like Governor Huckabee is coming over to Fred's way of thinking.

I don't disagree that smoking is a health hazard, but I really don't want the Federal government or even the state government involved in any ban. Its not their place. Local governments have the right and the duty to pass laws the fit their township. If my city or county wants to ban smoking in restaurants or all public places, that's fine. Let's let the Federal Government worry about what the Federal Government should be worrying about... and that's not the Capitol's cafeteria menu... the Federal Government should be concerned with securing our sovereignty and protecting our God given rights. Anything else is an abuse of power.

I'm glad Governor Huckabee is now starting to see things our way. Congratulations on joining the rest of right-thinking Americans and Flipping For Fred!

The Results Are In: The GOP Race is Wide-Open

Fred Thompson's Campaign Manager, Bill Lacy, released this statement following the Michigan Primary. I'm glad he has the guts to articulate what many conservatives are feeling. We need to make the differences clear, if you pay attention only one man in this race is consistent with their ideals. Don't we need someone like that in Washington?

Bill Lacy's Statement:

Tonight’s results in Michigan make two things clear: First, the Republican campaign for President remains wide-open. Our party faithful are still looking for someone who meets all the qualifications they seek: A true consistent conservative with the experience to keep the country safe. Second, Mike Huckabee’s campaign to be John McCain’s Vice President has hit a snag. He has gone from the mid-thirties in Iowa to 11% in New Hampshire and now about 15% in Michigan.

On higher taxes and looser immigration, Huckabee has been done his best these past few weeks to mimic McCain. But this is nothing new. In fact, while John McCain was leading the Senate charge to grant amnesty for illegal immigrants, Mike Huckabee was one of the loudest cheerleaders. And at the same time McCain was voting against the Bush tax cuts, Huckabee was in Arkansas increasing taxes some 21 times.

As for Mitt Romney, he has been all over the map on virtually every issue important to conservative voters.

As the contest moves to South Carolina, look for Romney, McCain and Huckabee to face serious questions about their commitment to consistent conservative principles. Their records are in stark contrast to Fred Thompson, who remains the one true steadfast conservative in this race.

The bottom line is that tonight is a whole new ball game and tomorrow morning begins a brand new campaign where Republicans are looking for the clear conservative choice.

New Hampshire

Sports fans across the country stayed up to watch the LSU Tigers deny the Ohio State Buckeyes the national title (OSU also made it to the Championship game last year only to lose to Florida). While a large number of us were debating the BCS system and LSU's two losses this season... the political machine in New Hampshire was entering its fourth quarter. At midnight the first votes were cast, and this very important and historic primary officially began.

There are many assumptions of how today is going to turn out, but a couple things seem clear... Obama is likely to increase his shot at the Democratic nomination, while the Republican field continues to be wide open (contrary to media portrayals).

This whole dance is interesting if a bit disturbing.

Hillary teared up yesterday as she expressed her "heartfelt" desire to protect the country with her ideas of socialism. We always knew when Bill was being fake, he'd bite that bottom lip... but Hillary is a bit more varied. Sometimes she'll act like its her lone fight against the evil Republicans, sometimes she'll change her accent to placate an audience, and now she'll feign tears to get the vote. If the nomination doesn't work out at least we know she'll fit right in with her actor friends in Hollywood.

Watching Hillary doesn't stop being amusing there. She apparently lost her mantle as the heir-apparent, at least with the media who have been comparing Barack Obama with John F. Kennedy and Dr. Martin Luther King Jr. (insert audio track: I knew Jack Kennedy, Jack Kennedy was a friend of mine, You Sir are no Jack Kennedy) The Clinton Campaign hasn't taken that lightly and has began attacking against the crowning of OBama by the media and these larger than life comparisons.

Hillary watching isn't the only thing that is a bit interesting and unsettling as of late. Just consider the coverage of the GOP field. The media (Fox News included) seem to act like the race is almost over yet by every poll the only thing certain is that the field is wide open. Fred Thompson had a better showing than anticipated in Iowa yet he is completely dismissed. He also had delegates in Wyoming which some of the "front runners" did not... but where is the coverage of that? Huckabee is still high in almost every poll, yet his winning of the Iowa Caucus is treated as more of a fluke than a victory. Romney is fighting for his life... the media seem to get this right... but considering how no one has swooped in to take clear front-runner status... I don't believe his fight is over. McCain was all but counted out a few months back and now the media is trying to give the crown back to him. And Giuliani, virtually invisible as of late, is promising a strong showing in Florida and other Super-Tuesday states. Ladies and Gentlemen, the field is WIDE OPEN, don't let the media dictate otherwise. Polls, pundants, and the resulting groupthink should not dictate who the GOP nominee is. Policies, character and results should.

Ahhh... it should be an interesting day... this thing is only just beginning.

The Man Can Give A Speech.

Congrats to Barack Obama tonight. I just watched his victory speech, and I've got to give it to him, he can deliver a speech and carry an audience. I know its easier when you've won... but I was much more impressed with Obama's speech than tonight's other winner, Mike Huckabee. Granted I didn't agree with anything Obama said, but as an orator and politician, he does have something special.

Stevie Wonder's "Signed, Sealed, Delivered" as a closing song? Nice touch.

Iowa Results & Clinton Reality Distortion

I worked from the laptop while taking in the Iowa results from my periphery. The Huckabee win is not a surprise, but the margin might be. Same goes for Obama's win for the donkeys. I'm also not surprised by Fred Thompson's third (or maybe fourth) place finish... that's been expected for a while. The only thing that did surprise me tonight was something that also shouldn't have. Hillary's post-caucus speech was just another moment of the Clinton-Cameleon effect... something her husband perfected in the White House. When you've been beaten, take on the mantle of the victor, claiming the cause and the win as your own. Her husband was a master of that, and she certainly can claim she learned that from him, even if her other "experience" is questionable. It does sit a bit disingenuous when someone claims experience and 35 years of politics (yes that is the number she used) yet claims to be the agent of change. But whatever, the Clintons continue to live in their own private reality.

And So It Begins... The Choice is Clear.

If you are a political junkie, your adrenaline has been ratcheted up a notch and you probably found a way to watch the news at your desk. If you are like me, you've recently moved away from your desk, because the tv mounted to the wall is too distracting. I can't exactly remove it, so I might as well remove me (or so the theory goes).

In a time where my industry is less than pleasant, politics generally provides a welcome diversion. Diversions don't pay the bills. So while I'll rant for a bit here, I can't exactly give up the day job.

And now that Iowa is upon us, I've finally made a choice. Not a bit too soon either (I should have made it some time ago honestly). Fred Thompson is my guy, no question. If you have been keeping score, I've been waffling between Fred and Mike Huckabee for months. As a Christian, when I look at America today I can't help but lean towards the Southern Baptist minister whose monologues remind me of one of those invigorating Sundays in church. When a fire & brimstone sermon is moving, challenging, and a bit funny... you know its a good afternoon. But once you get past Huckabee's Christian foundation, what's left? Sadly, something a bit too liberal to coincide with my Christian Conservative convictions.

You see, we agree on abortion and most social issues. But time and time again, Governor Huckabee walks a fine line between Christian Values and Liberal Propaganda. And on Meet the Press this weekend he seemed to want to placate and play politics a bit more than he wanted to stand fast in his beliefs. I found myself yelling at the TV... and while he didn't fully back down from his beliefs, he did seem to side step a bit. That's not what I want in my pastor and its not what I want in my President.

Only one man has been consistent on message and has said what needed to be said, politics be damned. Is it odd that the man who has proven to be true to his convictions is the actor and not the pastor in the race? To me that's very telling.

I like Governor Huckabee. And while I'd enjoy having a glass of sweet tea and discussing the news with him, he is not the consistent conservative voice that can lead us forward. That man is Fred Thompson.

Fred doesn't back down from a fight, doesn't placate voters or change his message based on his audience. Fred doesn't take cheap political shots by showing an attack ad that he's decided not to run. His accent doesn't change based on his audience and his policies don't change based on polls. Fred Thompson is the one man in the race who can take on the tough issues, cut the fat in Washington, and bring us into a better tomorrow while making us stronger in the process. From illegal immigration to taxes and national security, Fred has the most detailed and best conceived plans and he put them out in a time when everyone else just had platitudes and sound bytes.

Strong. Consistent. Conservative. The answer is clear. Fred Thompson is the best choice for America.

Tortoise or the Hare?

According to the most recent Rasmussen Reports' survey, Mike Huckabee is surging in the polls and is now within just a few points of the top spot nationwide. Only time will tell if the surge in support for Governor Huckabee is sustainable. I have my doubts.

I was enamored with Governor Huckabee early on, and he's still one or two at the top of my list. But the more I listen to him speak the more I find myself with doubt. While his Christian conservative values are undeniable, his conservative values as a whole are somewhat questionable. On illegal immigration, health care, mortgage reform and the broad ideal of limited government... Governor Huckabee leaves as many questions as answers. As more people begin to pay attention to the race and Huckabee gains traction, I wonder how many staunch conservatives will leave his side or start to question their support with the same uneasy feeling I have? The gains will probably outweigh the losses, but will there be enough left to win the race?

Its virtually impossible to agree with a candidate 100%. But on core conservative issues such as limited government, and securing our borders... is there enough? Who knows? But the parallels to another Governor from Arkansas are truly striking.

A Video Response: Huckabee & The Mortgage Industry

That was my question. Not sure how long the video response has been available, I just noticed it today. I like the video answer much better than the typed one on his blog where the Governor mentioned ending some stated loan programs. The governor is right in the video... the market will correct itself. I hope he has looked into this a little more carefully and understands now that the last thing we need is greater government intervention, on any side. I'm still a bit worried because he didn't say he opposed government restrictions on loan programs, but I am glad to hear his more detailed thoughts on the idea of personal responsibility for both the lender and the borrower.

YouTube Link.

Statistically, Huckabee catches Romney in Iowa

An ABC News / Washington Post poll has Romney and Huckabee virtually tied in Iowa. I guess it takes more than money to buy votes in Iowa. Who knows... maybe citizens of the Hawkeye state are big wrestling fans?

Heavyweight Endorsement

Ric Flair is officially in the Huckabee camp. WOOOOOOOO!

Thoughts on the Top 5

I've been struggling as of late with just who to support. It is a blessing to have such strong Republican prospects for the nomination... but with such an important election ahead (aren't they all), it is imperative that the decision of who to support isn't taken lightly. If the choice of the other side it Hillary or Obama, I will certainly vote for the Republican nominee, even if I have to hold my nose doing so. But the hope is that I don't have to hold my nose to do it... I'd like to hold my head up high and vote for someone whom I truly believe in. Thus, the decision of whom to support is still largely undecided... and time is running out.

Every time I lean towards Fred Thompson, I come up wanting more. I really, really like Thompson's message and thoughtfulness. We need someone who thinks and isn't just offering humorous quips or vicious one-liners. We need to get away from this entitlement society and strong, overbearing government. Our national government should protect our lives and liberty, but do little else. As much as Fred fits that bill, media reports keep pushing the thought the people are less than inspired after hearing Senator Thompson speak. Fred is right in all that he says... this is a crucial point in our history. In order to overcome this desperate hour, we need someone who is going to inspire us to continued greatness. That is where I fear Thompson falls short.

The obvious choice to fill the inspiration void should be Governor Huckabee. Every time I hear Huckabee I become a little more invigorated and energized. I like how the Governor explains most things and we agree on quite a bit. But every once in a while there is a glimpse of a man who might be disconnected from conservatism. Increased government regulation that prohibits customer choice of mortgage products is not conservative. And let's not even discuss the Governor's somewhat mythical ideas on illegal immigration... he doesn't seem to walk a fine line, but rather jump from one side to the other. That's fine... these are tough issues that require thought and deliberation... but they are also very important issues and I need to know we have some agreement, at least in principal. I think I know where Governor Huckabee is coming from when we disagree.

For me, after these two, there is everyone else. Giulini, McCain, Romney.

I was surprised to see Pat Robertson endorse Giuliani yesterday. I like the Mayor... but on social issues, gun rights, immigration, and so much else... we just don't see eye to eye, and that sentiment is certainly shared by many Conservatives and Christians alike. But does a Pat Robertson endorsement in 2007 really mean that much? Like the late Reverend Falwell, Pat Robertson isn't always treated fairly or honestly by the mainstream media, nor is he the Protestant version of the Pope as some leftists would have you believe. And just because Robertson picks the Mayor doesn't mean all of the other candidates' religious support will fade away. But if security and a nation in crisis is really the focus of the electorate, I wonder if Rudy isn't an appropriate choice?

John McCain is a hero. John McCain is a patriot. John McCain is someone who I would love to see as Vice President or more appropriately Secretary of Defense or State. But as much as I respect him, I don't want him to be President. He has certainly had his trouble with Conservatives and Christians in the past, and still seems to think Conservative Christians are just some far-right group whose support he begrudgingly needs comparable to MoveOn.org for the left. As far as I'm concerned, that's only a few steps away from Rosie O'Donnell comparing Christians to terrorists... and its miles away from the truth. Yes you need the Conservative Christian support to wage a successful Republican bid for the Presidency... but these are the same voices who this country was founded on... I don't think having their support is a necessary evil... its an honor.

Then there's Romney. I was absolutely enraged when the man who campaigned in Massachusetts by distancing himself from Republicans and Reagan decided to invoke his name and legacy so many times during last month's debate. While far from John Kerry, the Bush 2004 campaign showed how to successfully run against a flip-flopper... do we really need to hand the Democrats the winning strategy in 2008?

No More Silence. No More Privacy. No More Huckabee?

I haven’t blogged in quite a while. For the past couple weeks I have been trying to comply with an overbearing government and its knee-jerk political reactions to the growing crisis in the credit and mortgage markets. My brother and I own a small local mortgage broker. At our largest, we had 10 or so employees (ourselves included). Now it is just my brother, father, and myself. We have each been in this business a long time and have seen many ups and downs. Nothing compares to what we currently are experiencing. I blame politics and large brokerage firms 90% for the current crisis. The other 10% goes to speculators who were convinced by some HGTV show that they could make a quick buck flipping houses. But that’s neither here nor there... let’s talk about the past few weeks and why American Elephant has been silent.

To be blunt, business sucks. As a broker, we listen to the needs of our customers and provide them options for mortgage loans offered by various lenders. Since the start of 2007, over 100 lenders have closed, many programs have changed, and various legislative measures have been raised or have already passed. Imagine trying to play a par 5 hole when your choice of clubs keeps changing and the hole keeps moving... and don’t forget the rules, they are amended every other day. Except this isn’t a game, if I don’t sink the ball, one of my customers might have to keep renting, might have higher mortgage payments, or might even lose their house. I take my job and the financial well-being of my customers very seriously. Changes in the industry are not just making my job difficult, they are hurting good, hardworking Americans, a cross section of which are my customers.

As if that doesn’t make things difficult enough, I live and work in a state trying to lead the nation on mortgage reform (more appropriately called “regulation”). North Carolina has been a trailblazer for years in regards to the mortgage industry. We were one of the first states to prohibit prepayment penalties on loans of less than $150,000. We were one of the first states to limit mortgage company fee “junk fees”. We were one of the first states to require background checks and licensing for individual loan officers as well as their employers. All of those regulations I support, but this year things have gone too far. Now the state is in the process of eliminating all broker and lender originated subprime loans, stated loans, adjustable rate loans, yield spread premium (which will cost borrowers more out of pocket), as well as interest-only and other hybrid products. All of these restrictions are on brokers and lenders yet banks are somehow exempt. I guess a 9-5 bank un-licensed loan officer is more likely to help the average consumer who needs some extra assistance with their loan while a licensed mortgage broker, who works longer hours and provides a greater range of products is out to screw everyone? Yeah right. The need for mortgage brokers was created by the void left by banks. We are open longer hours because our customers work for a living. And we don’t turn our nose up at you if you don’t have a $20,000 CD or the perfect job and 2.4 kids... we work with people, sometimes for months or years to help them improve their financial position. We often work nights, weekends, and often at less cost to our consumers. But we are the ones who need to be regulated because the banks decided we have taken too much of their business.

But all of that hasn’t even kept me silent this week. What has kept me silent is the absolute inability to find time to write as I try to comply with my state’s overbearing new regulations on my industry. You see, our small, family-run company received an audit questionnaire earlier in September, and we had just a short amount of time to complete it. Some of the items we had to provide include:

• a spreadsheet detailing personal info, ssn, credit score, loan amount, etc. of every person we have ever spoken with whether currently active, funded, denied, or withdrawn by the customer. EVERYONE.
  
  
• 15 months of bank statements, credit card statements, and a list of all assets
  
  
• tax returns
  
  
• personal details (ssn, etc) of all employees past or present since opening, including their education and license history, phone numbers, and reasons for termination
  
  
• every marketing piece every produced since opening
  
  
• and much more
  
  
• OH. And they pulled my credit, without my consent.
  

And we haven’t done anything wrong. Our attorney didn’t know anything about it. When I called the Powers That Be about our audit I was told that it is a customary random audit that they are giving all mortgage brokers and our number just came up.

Read that. No probable cause, just a random search with apparently no right to privacy for ourselves or our customers. I am to provide phone numbers, socials, credit scores, loan-to-value ratios, and other documentation about you that the government has no legal right to. And I have to provide it in a very small period of time, in an excel spreadsheet, that I am supposed to send them via e-mail.

I can’t even begin to discuss the privacy issues of e-mailing a government agency that kind of data. You hear stories about government hard drives missing and laptops disappearing all the time. If I was that careless with my customers’ data, you can be sure I would be sued... but when its the government... no big deal.

But just forget the privacy hurdles to providing all of that data. Imagine a small 3 person company having to go through all of its paper files and gathering that data on 650+ different people while still trying to manage a business during a down turn. We've changed software, changed locations, and reduced our staff over the past three years. While we keep great paper records in every file... they were in every file and loan files can be huge. Needless to say my wife didn’t see me very much over the past few days.

This is not stuff they told us we would have to provide when we got our license three years ago. In fact, some of the information they are asking for didn’t even have a legal definition until late March... yet that doesn’t stop a government body who wants to enforce regulations retroactively and investigate you without probable cause just because “your number came up”.

I’m disgusted by the whole thing and fail to see the rationale or even constitutional basis for such investigations without cause. And lest you think we have done something wrong to warrant such a search let me tell you clearly the contrary. After 650+ files and at one time 10 employees, we have had only one customer complaint (from a person who decided not to make their mortgage payments). When we refused to lie on their behalf they made a complaint against us that has long since been dismissed as having no standing.

But that doesn’t matter. An overbearing government has to do something to earn its budget... and right now increased restrictions and a witch hunt on mortgage businesses are both popular and politically advantageous.

For the past few weeks my life and my business was put on hold in realization of that very fact.

And now we come to Presidential Candidate Mike Huckabee, the support of whom I am currently re-thinking. You see, I submitted a question through Governor Huckabee’s website a few weeks ago. Unbeknownst to me during that past week, Governor Huckabee answered my question. I found it tonight... and then I began to blog.

Click here for the question. I won’t quote the whole thing or the whole answer. Read it for yourself and make your own judgments. This post is already long enough. But please pay attention to the segment of the Governor’s response I will quote below:

My sympathies are not with the billionaire hedge fund managers, but with some of the folks getting foreclosed on. These people qualified for normal mortgages, but their mortgage brokers steered them to these sub-primes with teaser rates because they got bigger commissions. Now credit standards have been tightened, and they no longer qualify for traditional mortgages. I don’t think the government – meaning we the taxpayers -- should bail them out, but I think lenders should be pressured to refinance these loans so that the rates rise more slowly and affordably. Some people did buy houses they knew they couldn’t afford, and I don’t have much sympathy for them.

We need increased regulation of the mortgage industry to get rid of things like ridiculously low teaser rates and stated income loans where borrowers don’t have to prove they’re qualified.

In the above selection and the totality of Governor Huckabee’s response he has shown either a complete misunderstanding of what a mortgage broker does or a brazen attitude about their livelihoods. I take offense to the Governor’s response personally, and I ask him to cite any studies that, weighing all detail (such as job stability, equity, credit score, documentation provided, assets, etc), suggest that there is a large contingent of consumers who have been “steered” into loans below what they actually qualify for. I also object to the notion that mortgage brokers “steer” consumers into sub-prime loans for the purpose of making bigger commissions. Being a broker of both prime and non-prime loans, I can not think of any reasonable occurrence where a borrower could be unwittingly steererd into a subprime loan as opposed to a prime loan so the loan officer could make more commission. Assuming a broker has equal access to prime and subprime lenders, it is easier to make yield spread on a prime loan so why would a broker steer a borrower to a subprime loan if a prime loan was available? Now I can accept that a borrower may get a subprime loan when they could have otherwise received an FHA loan... but that problem is due to the extremely high barrier of entry for a mortgage broker to have FHA access (approximately $10,000 in annual audit fees).

Furthermore, I can’t stress enough how much I object to eliminating “stated” loan products. We live in a time where people change jobs frequently, are more likely to become self-employed, and have more than one source of income. Ending stated loans will seriously diminish self-employed individuals from obtaining homeownership, at least in the short term. Why would someone who supports the FairTax also support eliminating the ability entrepreneurs to own a home? The IRS is already burdensome enough, but ending stated loans will give the IRS even greater effect. Imagine a small business owner just starting out, not claiming legitimate business expenses because their Adjusted Gross Income would decline and thus they couldn’t qualify for their full documentation mortgage loan. That is the exact result you would find in a world without stated loan products.

The Governor concludes by calling for additional regulations on the mortgage industry. Governor, I have just cited for you what my small family business is experiencing in the face of increased mortgage industry regulation. What additional regulation and restriction on my customers ability to choose their mortgage loan would you propose? What additional regulation and restriction on my ability to earn an income would you propose? In what circumstance can you cite where increased government regulation on an industry and a lack of consumer choice has actually worked in favor of consumers? I can think of none.

Values Voter Debate: Mike Huckabee

"If this country allows the Presidency to become more about the pockectbook then it is about the principles, we no longer are pursuing a presidency, we are pursuing a pluotcracy, and God help us if we allow that to happen."

There is nothing wrong with government leaders being wealthy. There is nothing wrong with the wealthy being involved in politics. But when the wealthy control politics, and restrict the platform from those outside their sphere of influence, then we have a problem. When the amount of money you can generate matters more than the issues, you have a problem. This country was build around noble men, stepping away from private life to make a contribution to the public at large... and then going back to private life. But how can that happen when the amount of corporate contributions or $2,000 plate dinners matters more than your values or beliefs?

If the noble man who will not give influence to lobbyists and special interest groups, can not become elected because he does not receive their money... then we have already lost.

MIKE HUCKABEE RESPONDS TO BUSH SPEECH

First, Chris Matthews and Keith Olberman are schmucks. Governor Huckabee on the other hand comes across more professional and more genuine than 95% of the people who ever make it to either Mathews' or Olderman's shows. I agree with Governor Huckabee's comments 100%.

Refreshing Campaign Video

This certainly isn't your typical campaign video. I love it!

Arkansas and Tennessee

I know its early, but am I the only person hoping for a Presidential ticket with a former Governor from Arkansas and former Senator from Tennessee? We had such a pairing succeed in a previous Presidential election. Maybe this time they can also succeed in our governance?

Lincoln-Douglas Style Debates? A Challenge to Fred Thompson

Governor Huckabee wrote an open letter to Senator Fred Thompson today and urged visitors on his website to sign it. The letter calls on Senator Thompson to join Governor Huckabee in substantive debates in the style of Lincoln-Douglas. While such a debate would take away from the candidates' quick stops and sound bytes... it is exactly what is needed to reform the political landscape and return it to a process of the people. I urge Senator Thompson to agree to true debates and encourage anyone who reads this to do the same. If they ever make it to a debate in North Carolina, I will certainly be one of the first in line.

Sign the letter with Governor Huckabee here.