Your Political Guru

Boldness is a tactic, not a Strategy

Yes there is a difference – and a potentially huge one.

You create strategy based on a number of factors – you your advisory, the environment, the stakes.  Being bold at the right moment can be vital – but it is a tool, a tactic, not a strategy.

There is no substitute for planning and preparation.

Too many activists want to “do something now” but refuse to think through the situation, or plan their steps, anticipate possible reactions.  They attack the motives of those who want to make sure there are adequate resources to fund the programs, or make the programs happen.

The result of these bold but misguided frontal assaults is burned out and discouraged activists and half baked ideas that hurts efforts from other groups.

This is not to say that boldness and political courage are bad things.

As part of the planning and preparation process you need to make sure that you have a bold person to pull the trigger at the critical moment.  It is also discouraging to movements when bill sponsors wimp out and when grassroots leaders don’t hold elected officials accountable at election time.

Don’t mistake boldness for brilliance.  Sometimes the courageous are just crazy.  Be sure those who urge caution are not cowards.  Real leaders plan, prepare and implement boldly.

CAMPAIGN UPDATE

Speaking of boldness – congratulations to Rand Paul for winning the GOP nomination in Kentucky.  The GOP Establishment twisted, distorted and maligned Dr. Paul every step of the way, but he stuck to his guns and prevailed.

A great victory like this does not just happen.  Rand has attracted a large number of supporters, many of whom came into the political arena from Ron Paul Presidential campaign.  New activists have risen up and made a huge difference.

But don’t think that this race was won just because of “organic” or “spontaneous” grassroots activism.  That would just ignore reality.  Some very good people took time off their political jobs to help in the campaign.  Sen. Jim DeMint helped attract some additional support from other conservative groups.

The race is not over.  The “corporate/establishment/business as usual” crowd is terrified at the prospect of someone like Rand in Senate.  Independent thinkers scare the heck out of them.  People like Sen. Coburn and other lawmakers who are not motivated by desperately holding on to an office threaten to derail the plans of special interests.  No doubt the attacks will continue through November.

Sometimes (and too often) marketers work to manipulate people. I define manipulation as working to spread an idea or generate an action that is not in a person’s long-term best interest.

The easiest people to manipulate are those that don’t demand a lot of information are open to messages from authority figures and are willing to make decisions on a hunch, particularly if there’s a promise of short-term gains.

If you want to focus on the short run and sell something, get a vote or gather a mob, the easiest place to start is with populations that leave themselves open to manipulation.

There are habits and activities that leave people open to manipulation. I’m not saying they are wrong or right, just pointing out that these behaviors make you open to being manipulated… Here are a few general categories of behaviors that manipulators seek out:

Interesting to note that AM radio used to be filled with ads for second mortgages. And now? Gold.

Manipulating people using modern techniques is astonishingly easy (if the marketer have few morals). You only make it easier when you permit people and organizations that want to take advantage of you to do so by allowing them to use your good nature and your natural instincts against you. It happens every day in Washington DC, online, on TV and in your local community institutions.

Action vs. Self-Delusion by Jim Rohn

[The late Jim Rohn was known as the salesman's philosopher.  He was raised as the son of an Idaho farmer, but struck off for the big city.  While he worked hard, he didn't turn his life around until his late 20's thanks in large part to the philosophy taught him by his boss and mentor, Mr, Earl Shoaff. To find out more about Jim Rohn CLICK HERE]

Knowledge fueled by emotion equals action. Action is the ingredient that ensures results. Only action can cause reaction. Further, only positive action can cause positive reaction.

Action. The whole world loves to watch those who make things happen, and it rewards them for causing waves of productive enterprise.

I stress this because today I see many people who are really sold on affirmations. And yet there is a famous saying that “Faith without action serves no useful purpose.” How true!

I have nothing against affirmations as a tool to create action. Repeated to reinforce a disciplined plan, affirmations can help create wonderful results.

But there is also a very thin line between faith and folly. You see – affirmations without action can be the beginnings of self-delusion. And for your well-being there is little worse than self-delusion.

The man who dreams of wealth and yet walks daily toward certain financial disaster and the woman who wishes for happiness and yet thinks thoughts and commits acts that lead her toward certain despair are both victims of the false hope which affirmations without action can manufacture. Why? Because words soothe and, like a narcotic, they lull us into a state of complacency. Remember this: TO MAKE PROGRESS YOU MUST ACTUALLY GET STARTED!

The key is to take a step today. Whatever the project, start TODAY. Start clearing out a drawer of your newly organized desk … today. Start setting your first goal… today. Start listening to motivational cassettes … today. Start a sensible weight-reduction plan … today. Start calling on one tough customer a day … today. Start putting money in your new “investment for fortune” account … today. Write a long-overdue letter … today. ANYONE CAN! Even an uninspired person can start reading inspiring books.

Get some momentum going on your new commitment for the good life. See how many activities you can pile on your new commitment to the better life. Go all out! Break away from the downward pull of gravity. Start your thrusters going. Prove to yourself that the waiting is over and the hoping is past — that faith and action have now taken charge.

It’s a new day, a new beginning for your new life. With discipline you will be amazed at how much progress you’ll be able to make. What have you got to lose except the guilt and fear of the past?

Now, I offer you this challenge: See how many things you can start and continue in this — the first day of your new beginning.

To Your Success,
Jim Rohn

I try to remind my kids when we get into real wilderness that this is all there was when the ancestors carved out a spot to build their homes and start a new life. It is easy to take for granted there were always roads, stores and air conditioning.

Don’t let this weekend go by without taking some time to reflect on the hard work and sacrifices the Founders made to create this country. A handful of citizens took on the greatest superpower at the time to stand up for the basic principles of human liberty.

It is easy to always assume that freedom from foreign tyranny is the way it always has been, but we need to reflect that it is not the case and this country was formed because of the great sacrifice of some really hard core people. Individuals who put their lives on the line, their families at home and all their comforts behind them.

I saw this article from Robert Ringer and I think he did a great job explaining just how much we owe people like George Washington and the others who founded this country.

Have a great 4th of July,

Kirk Shelley

Reflections on a Revolution, Part I

By Robert Ringer

If you’ve ever wondered why that 555-foot monolith on the National Mall in D.C. is named after the first president of the United States, read a good book on George Washington. Let me tell you, the guy was one tough dude. I believe he honestly thought he was invincible … and he was, at least until the end. Ironically, it took what most historians believe was some sort of throat infection to bring him down in 1799.

They don’t make wars like the American War of Independence anymore. No antiseptic missile strikes that allow you to kill without having to see blood and guts flying in every direction. No way. The colonial patriots fought the English up close – real close … in freezing weather … sweltering hot weather … too little food … too few supplies … and a lack of manpower.

And, often, without pay. In fact, after the Battle of Trenton, Washington offered officers whose tour of duty was running out $10 to re-enlist. He was willing to do anything and everything to win – including sleeping on the ground right alongside his troops on more than one occasion. Had another general other than Washington led the revolutionary troops, I seriously doubt that the British would have been defeated.

Almost from the outset, most colonists were skeptical about Washington’s ability to triumph over the most powerful fighting force in the world – the British military. And for most of the eight-year war, it looked like they were right.

Keep in mind that throughout the long war there was a civilian battle of words going on between – you guessed it – the hawks (”patriots”) and the doves (”loyalists,” who stood with Great Britain). And, interestingly, a similar war of words was being fought among the populace in Great Britain. Many Brits did not feel that fighting a war 3,000 miles away – at a cost that was draining the economy – was worth it. Sound familiar? The more things change …

In fact, the British had their own version of 9/11 when John Paul Jones, a former British naval officer who became a colonial patriot, brought the revolution to Great Britain’s doorstep by raiding the west coast of England! Suddenly, what had been an unpopular foreign war was threatening to expand onto British soil. The anti-war crowd howled its disapproval of the American quagmire even more.

And when, in 1779, the British tried a last-ditch strategy to gain a foothold in the South by sending 1,000 ships to the Port of Charleston in South Carolina, all hell broke loose. I doubt many Americans today realize it, but it actually became the country’s first civil war, with family members in South Carolina often split between the loyalists and the patriots. The fighting between the two sides was vicious, and often vindictive.

But if Washington was anything, he was stubborn. Make that tough and stubborn. On one occasion, he handed down a sentence for two officers to face a firing squad for treason. Then, in a move that would have made Saddam proud, he ordered the firing squad to be composed of the twelve men who had been the two officers’ accomplices!

If George Washington had ordered me to eat bugs, I would have asked him how many and how fast. I wouldn’t have even had the nerve to ask him if I could wash them down with water.

Thousands of volumes have been written about the American Revolution, detailing every strategy, every battle, and every side plot. But when all is said and done, for me what stands out most was George Washington’s incredible toughness and tenacity.

He undoubtedly would have been appalled to see what wusses modern Americans have become. Can you imagine today’s presidential candidates – purveyors of never-ending entitlements for Americans addicted to the good life – facing off against Washington? He would have brought them to their knees with his Clint Eastwood stare.

The colonists’ victory over Great Britain – against unfathomable odds – had to be the greatest comeback in the annals of war. It’s enough to make one feel ashamed of himself for stewing over every little obstacle that crosses his path.

At one level, this is petty but it’s indicative of a bigger problem.  Have you made a reservation at a hotel, and found out at the last minute that instead of the quoted price, you’re paying an additional $20 a day because of a “resort fee?”  Why can’t they be honest and simply show the full?!

Or you get an airline ticket for a price you are willing to pay, only to be hit with luggage fees, and “mandated government fees,” that drastically increase the cost of travel?

Or this new “fee” from Alamo—

This isn’t a hidden Alamo fee; it is a government tax, which Alamo is required to disclose as a “Customer Facility Charge.”

Or your cell phone service: you agree to a price for this, only to find additional monthly fees that are not revealed until you get your bill.

Or my latest favorite—last night I tried to order Pizza Hut’s $10 pizza—Advertised as “$10 for any large pizza, any topping” which they were glad to sell me for $12.50.  I mean, what the heck?

I thought I was doing something wrong.  So I played around with this order online,and tried to find an asterisk (*) that would list the exclusions .  Couldn’t find it.  So I called the local place, to order my pizza from them.  I told the guy on the phone I wanted the “Any Pizza for $10 deal.”  I gave him my preferences and he told me I could pick it up in 10 minutes; it would be $12.50!

So I asked him, “What part of “any pizza for $10” made this cost $2.50 more?”  He told me it was the extra toppings and sauce.  So I asked him to define “any” and after a short rant on my part, he agreed to sell me the pizza for $10.  (BTW, playing with the site, I found that the $10 price goes up by $2 if you want it delivered.  Again, there is no warning until you reach the check out page.

It is enough to make me sympathize with those people who defaulted on the subprime mortgages.  How many of them thought they could swing the $10 price, but were actually charged $12.50?

This used to be called “bait and switch.”  In most states it is an illegal advertising practice to make a public offer of one price and then charge another.  But we are either used to this, or government doesn’t want to advertise their greed so they won’t prosecute this any more.

I guess we are going to have to yell at everyone and demand the advertised price every time, or be willing to walk away, in order to end this practice.  Which will probably be more effective than trying to get the government to start calling taxes, “taxes,” not fees.

“When they do it to you once—and you learn, you become a philosopher…but if they do it to you twice you’re an idiot.” (I’m not actually quoting someone, I just made it up.)

I just got back from Portland and a great training session organized by Katja. When I got home I downloaded a ton of emails from local tea party people upset because the local media had tried to link them to the militias.

Now keep in mind, this is in Oklahoma, where we just had services for the victims of the Murrah Building bombing 15 years ago.

It was bad enough that the story was published, but what made it worse was that “our people” were trying to force the press to print retractions and were working up press releases to respond.

Thankfully, I was able to get the tea party people to stop, shut up, and quit returning calls from reporters.

Based on my past experience with local political consultants, the reason for the news story was to get something in print they can use—for either a TV ad or slick, oversized postcards—against pro-liberty candidates. Everything about this episode looked like the work of a particular consultant.

He was putting this together so he could get a damning headline and a damaging quote. (If you thought the AP reporter was a sleaze for pulling words out of context, wait until you see the attack ad).

The reason I advised people to ignore this, say nothing, and move on was simple, although highly unsatisfying. The longer the story continued, the more press clips would be available as visual proof that their target is an extremist, or somehow too far out of the mainstream to be elected.

It was smart timing on the consultant’s part. It was right around the April 19 anniversary, there were lots of tea parties going on, and it was far enough away from the primary that the AP reporter didn’t know he was being worked over and used.

What can you do about it? Well, not much. You can’t stop them from printing stuff, but you can quit bringing more rope to your own hanging.

If you are talking to the press about anything that isn’t your issue or something you don’t want to talk about—Shut Up. You can’t win an argument with a newspaper no matter how brilliant you are.

But at least you now have a clue about what some of the attacks against our candidates might be, so you do have some options:

1) Predict it. In this case that’s risky, but you can preemptively claim that your opponent will use slimy tactics and character assassination in order to get elected. It’s these types of tactics that got us ObamaCare and the Bailout.

2) Wait until it happens and counter punch as hard as you can with flyer drops, response ads, etc. That’s what Rand Paul is doing so effectively in Kentucky right now. They have done good self-vetting and research on their opponent and they are on the air with really good response ads within hours of their opponent’s attack.

3) Don’t give them the chance to attack, but go on the offensive and keep it up from beginning to end, changing topics every three days so they can’t put together a response.

You can forgive your enemy, but DO NOT forget. At least you know what is coming.

And remember this is a long term problem. They will pull stuff out from 10 years ago to distract people and discredit their opponents. If you were quoted in the press about this story, you need to keep a copy of it because it will probably come up again and some “gotcha journalist” will use it out of context unless you have a copy.

I can tell you, getting on TV and being quoted in the newspaper is intoxicating. But it doesn’t result in change and it can be used against you later on. Think long and hard before you return a reporter’s call.

A few weeks ago I said –
“Sometimes it is a good idea to fake enthusiasm when you don’t want to do something, so when you “have to” disappoint, they feel bad for you and forget that they are actually hurting you. ”

I said it, but I do not belive it, nor do I belive in this practice. I don’t belive that it right to use deceiption as a means of transfering guilt. My thanks to those of you who caught this.

Very good article on selling with written words and ads:
“People don’t read advertising, they read what’s interesting. Sometimes, it’s an ad.”
Howard Gossage
What I Learned at the Franklin Mint — That Most Marketers Still Don’t Know
By Drayton Bird
How many geniuses have you met?
I met Charlie Chaplin (very briefly) in 1966 while working on publicity for the film Fahrenheit 451. Then I was lucky enough to work with David Ogilvy for eight years.
Ogilvy still exerts enormous influence in the marketing business, and if you haven’t read Ogilvy on Advertising, you should have your wrist slapped.
But there is one remarkable person I never met but wish I had. I surely would have learned a lot from him. That’s because he started not one but two groundbreaking businesses — the Franklin Mint and QVC.
That man is Joe Segel. With the Franklin Mint, he pretty much invented the mail-order collectibles business. It was for years pre-eminent in the field, though it has since been bought, sold, screwed up, and run into the ground.
I worked for the Franklin Mint in London in 1976. At the time, many people thought I was the bee’s knees at direct-response copy. But I learned a valuable lesson — one you should bear in mind whenever you write or review copy.
A Near-Impossible Task
My first job at The Mint was a letter to sell some medallions celebrating the achievements of the Kings of Belgium. This was quite a challenge. At least one of them — Leopold II — was a mass murderer and slave trader, and few of the others were that impressive.
After laboring on it for a week, I placed the carefully typed product of my consummate genius in front of my client.
He started reading it out loud in sonorous tones. After the heading and first paragraph, he paused, gazed at me over his bifocals, and asked:
“What do you suppose the reader would like to know next?”
Well, you know what? I was flummoxed. I had been writing copy for, oh, nearly 20 years. I had been creative director of a big London agency. My copy had sold a bodybuilding machine called the Bullworker all over the world.
Yet I had never given thought to one simple fact: The minute you have written something, you must ask yourself what is going through the reader’s mind.
Good Copy Is Like a Conversation
The great novelist Evelyn Waugh put it very well. He was writing to his wife, complaining that her letters were dull. (Hardly surprising. Unlike him, she was not a literary genius.)
“A good letter,” he told her, “should be like a conversation.”
Same goes for a good sales letter.
When you write good copy, you “say” something. Then you imagine the reaction in the reader’s mind — and respond appropriately.
That was what I failed to understand until my client at the Franklin Mint pointed it out to me.
As my friend Joe Sugarman has said, the only purpose of each line of copy is to make the reader read the next one.
This is immensely important, particularly when it comes to the MOST important sentence in your copy. That sentence is the first one. The headline in an ad. The teaser on an envelope. The start of the sales letter. The opening line in a commercial.
Too many get the reader’s attention — but they are “stoppers,” not “starters.”
Five Good Examples
What sort of lines force you to read on? Take a look at these:
• “Have you ever seen a bald sheep?” (Charlie Kasher’s opening to a 30-minute radio spot for a hair-growth product)
• “Do you lock the bathroom door behind you — when there’s nobody else home?” (Bill Jayme’s envelope line for Psychology Today)
• “Cash if you die. Cash if you don’t.” (WWAV agency’s line to sell an insurance product)
• “Do you believe in life after death?” (About the only decent envelope line I ever wrote — for Save the Children)
• “If the list upon which I found your name is anything to go by, this is not the first, nor will it be the last, invitation you will receive to subscribe to a magazine…” (Ed McLean’s opening for Business Week — the first direct-mail letter he ever wrote)
All of the above compel further readership. But you must have that same desire to keep people reading with every line you write.
Two Old Tricks
Your copy must flow logically. Mine doesn’t always.
I’ve found that it helps to sum up each paragraph with a few words in the margin, and then see if they make sense in sequence.
Another thing that helps has to do with verbal technique. “Carrier” words and phrases — like And, Also, Moreover, What is more, In addition to — at the start of sentences keep people reading. So do questions at the end of paragraphs.
Why is this?
Because you have to keep reading to get the answer.
(The above two sentences just demonstrated what I mean.)
Your Homework
While I was drafting this essay, I spent some time watching QVC. I suggest you do the same. And take notes. Pay attention and write down all the techniques they use. Then see if you are using those techniques in your sales copy.
Here are some things I noticed in just the first few minutes:
1. They demonstrate — and nothing makes a stronger sales pitch than a good demonstration.
2. They’re friendly and helpful — not loud, aggressive, or in your face.
3. The whole deal is on the screen throughout the spot.
4. There’s tons of information. They’re not afraid to talk at length or repeat themselves.
5. They use persuasive references — e.g., the fact that a Diamonique designer had created something for Hillary Clinton.
Success does not come from one big idea, but from relentless application to detail. You see this on QVC.
One last thought…
David Ogilvy once told me that the secret of success in the marketing business is charm. And what makes you think someone is charming? They seem interested in you. They listen to what you say. They pay attention.
You must be genuinely interested enough in your readers to try and imagine what is going through their minds — and respond to it.
Then you will charm them all the way to the order form.
Bad copy does not do that. It is written from the writer’s point of view, not the reader’s.
[Ed. Note: Veteran copywriter and direct-marketing strategist Drayton Bird has worked with American Express, Ford, Microsoft, Visa, Procter & Gamble, and scores of other clients during his five-decade career, which included a stint as international vice-chairman and creative director with Ogilvy & Mather. In 2003, he was named by the Chartered Institute of Marketing as one of 50 living individuals who have shaped today's marketing.
Ready for more marketing insights from Drayton Bird? For 101 ideas, free case studies, and articles on direct-marketing topics like the one you just read, and a 28-day free trial of Drayton's Commonsense Marketing Series, go here.]

In 1981-2 I was going through basic training and then Military Police School in beautiful Aniston AL (in the middle of summer). I will never forget one guy who really did not want to be there.
Steve was from a very wealthy family. Partially for adventure, partially to annoy his parents he joined the Army. Within minutes of his arrival he knew he had made a major mistake.
Now this guy wasn’t a wimp. He was tough and he was in great physical shape – the guy played a mean game of Lacrosse. But, Steve had literally been in private boarding schools or vacationing in the Hamptons his entire life and consequently the Army and especially the MP Corps was not for him.
So he called his dad. He didn’t cry and he didn’t whine – he just told his dad “well I blew, how do I get out of wasting three years of my life?” I don’t know why, but his dad didn’t use political connections to get the son out – he just gave him some very good advice.
“Go out and be the absolute best soldier you can be. When you get to a critical task that you must successfully complete, fail miserably. Then they will let you out. If you are marginal, they will send you someplace worse, like cooking school.”
So Steve became “Super Soldier.” He was already smart, and a good athlete and he put on the whole warrior look. However, there was one skill that every MP had to master and that was to qualify with the .45 caliber pistol. This actually was not necessarily an easy thing to do. We lost about 10% of the class (mostly the bottom 10%) because they could not qualify. But we also “lost” Steve.
You see all the people who really were not all that qualified were mocked by the Sergeants for not making it and wimping out – and every single one were reassigned to the cadre of Army cooks.
Except Steve.
The Captain, the sergeants, everyone worked with Steve trying to help him to qualify with the pistol. And Steve looked like he was on the verge of tears when he explained that whole reason he had joined the Army was to be an MP like his grandfather who died in WWII (which was a complete lie, his grandfather made a fortune in contracts to the government during WWII). If Steve couldn’t make it in the Army as an MP, then he just wouldn’t be in the Army.
Somehow Steve never could qualify with the .45. And the Captain released Steve from service with an honorable discharge. I didn’t see Steve break his cover until he was in the limo, on his way off base, and then he gave us all the finger.
And the sergeants and Captain never caught on. They were dang near crying, saying what a shame it was to lose Steve.
A couple of lessons here:
First – Steve was brilliant in his tactical execution. This went way beyond reverse psychology; he got his enemies on his side. He didn’t just play along; he excelled, until the critical moment. Sometimes it is a good idea to fake enthusiasm when you don’t want to do something, so when you “have to” disappoint, they feel bad for you and forget that they are actually hurting you.
Second – Steve’s superiors never caught on. They were fooled by someone who looked like everything they wanted in soldier. When someone is looking too good to be true, it might be wise to check with those under you to see if what appears to be true really is.
If you think this type of treachery doesn’t happen, think again. What’s amazing is people who are marginally involved can see it way before you can.
I wasn’t worried about Steve, I am sure he thrived in whatever environment he was in – I was worried about Steve’s future bosses. I suspect that when Steve stuck the knife in their back, they were probably thanking him for doing it to them.

You gotta love the liberals.  They pass what they want by hook or crook and they still complain it is not enough.

Within minutes of passing Obama care, the biggest grab of power and wealth by any government ever – liberal congressmen and activists complained that it is not enough.

What can you learn from this?

Well I guess sarcastically, you can assume that you can’t please Democrats so don’t even try.  I mean if they aren’t going to be satisfied with this, we might as well repeal it (if Republicans are not happy with it, and the Democrats are still complaining – logically you maximize everyone’s happiness with repeal).

But from a tactical standpoint it points out a very important point – you will stop getting when you stop asking.

In any negotiations, if you get everything you asked for, you have not asked for all you could have gotten.  If sales, if you have no resistance to your price, then you are priced too low for the market.  In politics, if you are not complaining, then you are the group that must compromise.

In a nation of whiners – the biggest whiner gets the goodies.

#1 – Never declare victory.  To do so prematurely tells your troops they can relax – and that can be deadly on the battlefield.  Look at Bush with his “Mission Accomplished” press conference in 2003.  He created the expectation that everything was over and normalcy could begin again.  When the troops didn’t come home and homeland security kept asking for more surveillance capabilities there was a real opening for dissent.

#2 – Always have “one more thing” that you need to make you happy.  Sure you are not going to get it, nor are you going to insist on it, but it closes the negotiations.  If they want to come back and change the deal, you can always raise your “one more thing” demand and they might just back down.

#3 – Don’t feed the ducks.  Don’t think you can just give something to your adversary, kids, and political opponents once and that will be the end of it.  You are probably wrong.  If you feed the ducks once, the ducks stays at that location until both of you drown in their poop.

Know your Legal Position

In the next few days you will probably be getting greetings from your “friends” at the US Census.  Instead of simply asking how many adults live at your address, the government will ask you a series of questions designed to justify more government spending and intrusion in your life.

If for some reason you neglect to return your survey, they will send a government temp to your home and try to harass you into answering their questions.  If that doesn’t work, they will send spies to your neighbors and see if they will tell them what they want to know.

The government has already spent a great deal of money trying to let you know why you need to return your survey.  They have bought ads on TV during the Super bowl and are running ads on popular radio shows.  The ads all encourage you to “do your civic duty” and help the “children” and schools by returning your survey.

However, if all the cajoling doesn’t work, the Census will resort to threats – specifically the threat of a $5000 fine for not answering their invasive questions.

The question is, “can they do that?”  But in the world of tactics this is known as “know your legal position.”

Before you go into battle to stand up for your rights, it is always important to know what your rights really are.  For instance, when my wife was in college, her roommate went to evict her “just because she wanted privacy.”  We found out that the roommate could do it, because my wife didn’t have a lease.  Knowing this shaped the tactics in how to handle the situation.

Yep, you need to know, when to hold ‘em, and know when to fold ‘em.

Back to the Census – can they really fine you $5000 for not telling them your private information?  Is it worth keeping your information private?

Well, I would argue it is worth keeping your private information from the government.  The federal government used Census data to round up Japanese Citizens and put them in interment camps during WWII.  The IRS has used “confidential” information in the past to launch investigations and there are other examples of various government prosecutorial agencies using information that was supposed to be “confidential” to launch investigations.

So is your desire for privacy going to cost you $5000?

Well the legal position on this is a little murky, but I think if you do this right, your maximum penalty is only $100, and $100 is a small price to pay for my privacy.

Here is the best answer I have been able to find on the subject – the penalty is $100 if you resist correctly.  This answer is from:  http://www.thepriceofliberty.org/greenslade.htm.

“On their web-site, the Census Bureau states the penalty provision for failing to comply with either survey request is found in Title 13, U.S.C., Section 221.

Pursuant to this section, refusing to provide the requested information or neglecting to complete either survey subjects you to a fine of not more than $100.00.  Willfully giving information that is false subjects you to a fine of not more than $500.00.

Then, in what I believe is a blatant attempt to misrepresent federal law and install fear in the hearts and minds of the American people so they will provide the requested information, the Census Bureau included the following statement after their reference to the section 221 penalties referenced above:

Title 18 U.S.C. Section 3571 and Section 3559, in effect amends Title 13 U.S.C. Section 221 by changing the fine for anyone over 18 years old who refuses or willfully neglects to complete the questionnaire or answer questions posed by census takers from a fine of not more than $100 to not more than $5,000.

A review of Title 18 shows it is entitled: “CRIMES AND CRIMINAL PROCEDURE.”

Section 3559 is entitled: “Sentencing classification of offenses.”  Section (a) states: “Classification.—An offense that is not specifically classified by a letter grade in the section defining it, is classified if the maximum term of imprisonment authorized is—(9) five days or less, or if no imprisonment is authorized, as an infraction.

Section 3571 is entitled: “Sentence of fine.  Section (a) states: “A defendant who has been found guilty of an offense may be sentenced to pay a fine.”  Section (b) states in part: “…an individual who has been found guilty of an offense may be fined not more than the greatest of—(7) for an infraction, not more than $5,000.”  This is the only reference to a fine in the amount cited by the Census Bureau that matches the provision in section 3559 above.

The $5,000.00 fine referenced in section 3571 is a post conviction fine that only applies to an individual who has been charged and convicted of a criminal infraction as defined in section 3559.  Unless an individual has been charged and convicted of some criminal offense connected to the Census and the crime is classified as an infraction, this $5,000.00 fine does not apply.  Thus, their assertion that these sections changed the fines in section 221 to $5,000.00 is…you fill in the blank.  In my mind, it’s a blatant lie that borders on fraud.

My Rules and Plan of Attack

Here are the 3 basic rules I follow when I receive requests for personal information on the Census and/or American Community Survey forms.

* I never destroy or deface the forms.

* I never put false information on the forms.

* I never partially complete the forms.  If I am going to make the assertion that the requested information does not apply to me or the requested information exceeds the government’s constitutional authority to request the information, I return the form with a cover letter explaining why.

Here is my plan of attack for the Census and American Community Survey forms.

When I receive the 2010 Census form I will return it with a cover letter.  In the letter I will give them the number of people residing in the house and state that pursuant to Article I, Section 2, Clause 3 of the Constitution that is the only information they are empowered to request.  My “name, sex, age, date of birth, race, ethnicity, relationship and housing tenure” have absolutely nothing to with apportioning direct taxes or determining the number of representatives in the House of Representatives.  Therefore, neither Congress nor the Census Bureau has the constitutional authority to make that information request a component of the enumeration outlined in Article I, Section 2, Clause 3.  In addition, I cannot be subject to a fine for basing my conduct on the Constitution because that document trumps laws passed by Congress.  Period end of story.

When I receive the American Community Survey form, I will return it with a cover letter.  The letter will simply state that since the Constitution established a federal government of limited enumerated powers and that document does not grant them the general power to request the information, I am under no constitutional obligation to provide it.

If they attempt to distort the law and threaten me with the bogus $5,000.00 fine, as discussed and exposed above, I will send a letter to the Justice Department and request prosecution of the individuals making the threat.”

Sounds good to me, although I am not an attorney I have had two former attorneys with the Federal Government look at the statutes and this analysis and they believe it is sound.  But like with everything else with life it is a gamble.

The Feds have only prosecuted one citizen for failing to answer his survey, and he was a Congressman who forced the issue, and he dutifully paid his $100 fine.  The big gamble is how many citizens resist Census intrusion.  If a large number of citizens say “no comment” then the government can’t afford to prosecute everyone.

But don’t forget the larger lesson in this story.  It pays to know your legal position up front.

Neocon Infiltration – Danger or Opportunity?

I’ve seen a couple of these articles floating around, most feigning surprise that the political class would try to “take over” the tea party movement.  Some observations:

1)      If you define “neo con” as being pro-war or pro-interventionist foreign policy then you need to realize that most Republicans hold those views. 57% of all citizens think we are doing the right thing in Iraq and Afghanistan.  71% of the GOP is all in favor of invading anyone we think is a threat.  (The Democratic Party is split 47/46).  There shouldn’t be any surprise that most people showing up at a tea party are all in favor of blowing up anyone who gets in America’s way.  (http://www.politico.com/news/stories/1209/30346.html)

2)      Do you really not expect politicians not to act in self defense?  They manipulate events, twist words and lie.  Of course they are going to take over the tea party.

3)      Why do you assume that a “bottoms up” or “grassroots” organization is beyond being taken over?  These organizations are the most vulnerable to takeover.  If you want to be informal, not incorporated and allow everyone to participate – then “everyone” including politicians will.

I remember a taxpayer’s group in Newton Iowa that was actually being effective.  It was deliberately set up as a “citizens group” with no formal structure.  Well at one meeting, everyone from local government showed up at the meeting, and took it over and killed it.

MORAL:  Always better to make your group “formal” and attract a following with your issues and actions.  Or, you can naively think that your group is different, and you can ignore history, try to prove me wrong.  But if you are being effective, expect to be taken over.

On the opportunity side –

1)      If you think our current foreign policy is wrong, recognize the reality going in and try to pursue those who don’t agree with you, don’t smash into them head on – you won’t get far with this crowd.  However, you can assume that most of this crowd is going to understand the principles of limited/constitutional government, so use that common frame of reference.

2)      Predict the attempted takeovers, and use it as proof of the movement’s success.

3)      Embrace the fact that you owe it to your ideas and issues that you need to run your organization like a business – because ultimately it is.  You can’t hide from the laws of economics.