February 09, 2010

The Living Constitution and Mortgage

Jack Kemp &
Timothy Birdnow
 
The next time a liberal tells you that the Constitution is a "living, changing" document, ask them if they would want to sign a home purchase agreement where the bank can raise the APR and fees on their home mortgage AFTER the closing. If they come back with the retort that they are renters, ask if they'd want their lease's monthly rent raised because the landlord decided the lease was a "living" document. If they say they have no lease, well I personally have heard a liberal tour guide complain about two years ago that his landlord raised his non-leased apartment's rent by $100 a month and he wasn't too happy about it. But in all three instances, just tell the liberal that, "I thought you were in favor of 'living' documents." You then also can ask the liberal if they would casually accept Fannie Mae or Freddie Mac telling them that their mortgage has been canceled, the balance of monies due at the end of the month because their loan has been given to someone more deemed more disadvantaged, as part of the "living Constitution" theory they advocate.
 
Another variation on this reply is asking the liberal that if they are in favor of "living" documents, then they have any objections to the bank changing their fixed rate mortgage to an adjustable rate one. Actually, they've had their chance to support such a "living" document; it is called the Adjustable Rate Mortgage.  ARMS generally start out at a very low "teaser" interest rate and increase substantially after the first year. During the peak of the housing boom subprime borrowers were taking out ARMS for those extremely low rate - and defaulted when the rates increased, leading to the bursting of the housing bubble.  Liberals excoriated the banks for making these "living" loans. They then demanded that they turn their ARMS into "living documents" by having judges change the terms of repayment to favor the borrower - at the expense of the lender, who would then be quite shy about making loans on the margins in the future.
 
What about security deposits on apartments?  The law in a number of states, for example, limits deposits to double the monthly rent, but perhaps that could be adjusted?  Maybe the landlord could require a "refresher" deposit every couple of months? Deposits belong to the tenant, and now must be refunded provided the unit is left in the condition in which it was originally taken. There are cases of "nonrefundable deposits" which is a way of charging higher rent to someone who would be difficult to approve based on a landlord's standards (which have to be consistent by law).

Imagine if a landlord could simply convert a refundable deposit to a nonrefundable one at his whim, claiming the lease were a "living document." And you could ask any liberal in favor of "living documents" if they would have any objections to the landlord raising any parking garage fees or utility rates - or tack condo fees onto the monthly rent without prior agreement.
 
In fact, why limit this to housing? We can extend this to car loans. Imagine a used or new car salesman calling up a liberal at home and telling them that the Ford or Toyota Camry they just bought has a "living" document clause in its contract and they now owe an extra $40 a month on their payments.

Then they can go to the supermarket and when the bill is totaled at, say $25.50, the cashier can press a "living document for liberals" button - and they now owe the store $35.00 for the groceries.
 
Imagine college tuition changing mid semester, with the student being forced to come up with more money or drop out of school.
 
Wait a minute. The prices used to change like that in the Wiemar Republic. And so did the human rights.
 
What if the value of a dollar changed like that?  What if a dollar would only be worth 70 cents tomorrow?  Oh, wait, we've already see that.  In Wiemar Germany, especially; it took a wheelbarrow of money to buy a loaf of bread, and employers had to give random "pay breaks" so their employees could rush out and purchase an item while their money was still good enough to buy it. "Living" money gave the world Adolf Hitler.
 
What if traffic laws were living documents?  Today's speed is 55 mph, but tomorrow a traffic committee will decide on a new lower speed limit without bothering to change the sign. Tickets will, of course, be issued for every violation. What if we change the meaning of red, yellow, and green on stoplights? Change which side of the road we will drive on?
 
A "living" Constitution - like a "living" mortgage - can be deadly.

Posted by: Timothy Birdnow at 08:24 AM | No Comments | Add Comment
Post contains 811 words, total size 5 kb.






20kb generated in 0.0754 seconds; 35 queries returned 90 records.
Powered by Minx 1.1.2-pink.