Big Government, Capitalism, Economy, Issues

Government Spontaneously, Dramatically Changing the Rules is Terrible for Business

6

Merriam-Webster Dictionary defines “Certainty” as: “The quality or state of being certain especially on the basis of evidence.” As we know, evidence abounds that the world is inherently a very un-certain place.

Given all the naturally-occurring uncertainty that exists, the last thing we need is unnecessary, artificial uncertainty thrown on to the pile. Unfortunately, that is what our government incessantly insists on doing.

Which is a violation of its mission statement. Ensuring certainty is one of the main reasons our Founding Fathers set up our government the way they did. Laws are written by the Legislative Branch – by representatives elected by and directly accountable to us. And are, by design, systemically difficult to pass (the Senate as “cooling saucer”).

The Executive and Judicial Branches are only to execute and adjudicate laws written by the Legislative – they are not themselves to create law. Because Executive Branch bureaucrats are elected by – and thus accountable to – no one. And judges receive lifetime appointments – and are thus accountable only to the Grim Reaper. If bureaucrats or judges start writing law – it is unilateral tyranny, antithetical to our Constitutional system.

It is also the height of uncertainty. Artificial, government-created uncertainty.

If you own a business, or work for a business, or conduct business with business…if you in any way do any business – government-created uncertainty is likely the main bane of your existence. It is hard enough to get a business up and running and off the ground – let alone to then have it take flight.   Government parachuting in to yank their rugs out from under you is, quite simply, devastating.

To wit: “In Immersion Corp. v. HTC Corp.,…a rogue trial court opinion broke from established Patent Office practice to deny priority where the ‘daughter’ application was filed on the exact date of the ‘parent’ patent grant.”

One need not get into the legal weeds here. Here we have a single “rogue” judge (that would be Delaware U.S. District Judge Richard Andrews) that “broke from established Patent Office practice.” THAT is the quintessential definition of government-created, artificial, unnecessary uncertainty.

Should His Rouge-ness’ unilateral fiat stand – the damage that will be done is enormous: “The U.S. Patent and Trademark Office says some 13,000 patents will be at risk of invalidity if its rule is upended. ‘That will surely come as a shock to the many inventors’ that relied on the PTO rules, the agency said.…”US_Patent_cover

That’s huge uncertainty – causing huge private sector harm. All the result of one unelected government official doing not his job – but someone else’s.

What the Patent Office said is vitally important. Inventors – and their investors – rely on these rules. They make multi-billion dollar decisions based on that certainty. And now one rogue judge – has eviscerated it.

For those of us who like new things – and the trillions-dollar economy based upon them – that’s really bad news. If people can’t protect what they invent or that in which they invest – they will stop inventing and investing.

And there goes everyone’s everything.

Unfortunately, far too often the right branch of government – does the wrong thing too. Congress is certainly capable of creating uncertainty where none need exist – with badly devised and crafted legislation. To wit:

‘Innovation Act’ Will Stifle Innovation: “For investors in technology start-ups, things are about to get much more complex and dangerous….(T)his bill actually will kill investment and innovation….The American patent, so indispensable to technology start-ups, is about to be rendered useless when faced with an infringer of disproportionate size….

The Innovation Act Would Hurt Inventors Like Me, And Thousands Of Others: “(T)he Innovation Act threatens American inventors, particularly individual inventors and those working at small businesses and startups….”

“Complex and dangerous” – certainly sounds uncertain to me.

More importantly, it sounds uncertain to inventors and investors – whom we all need to be inventing and investing.

So Congress should on the Innovation Act – do absolutely nothing. Let it lie and die – without a vote or any further consideration.

As is just about always the case, government doing nothing is the best and most certain thing it can do.

This is a guest post by Seton Motley Founder and President of Less Government
  • Robert

    BIG GOVERNMENT IS GOOD FOR COMPANIES BAD FOR GREEDY CORPORATIONS. which the rich own and the working people own business which create competition that the Corporations do not want.
    HAVE A GOOD DAY

    • Allen

      thank you for condensing your nonsense. Your medications must be working.

      • Robert

        Allen
        I am glad you think my information is nonsense. I am sure you would like a small Government that thinks in the same line as you think. That Government would make it so you could do anything you like to make a profit with no hindrance from EPA, OSHA, EEO, none of those bothersome departments. Your type of Government would make them obsolete, because all they do is hinder business.
        The only problem is you can not see the real problem in this country, The Corporate Welfare System which 16,000 Corporations collects almost and in some cases 3 times what 64 million public welfare persons get. If we cut Corporate Welfare off we could pay the National Dept in about 5 years just with that money.
        HAVE A GOOD DAY

        • Allen

          Thank you for finally expressing your inner fascist. In your delusional world, the benevolent overlords from your alphabet soup of bureaucracies would lead you from cradle to grave as a factory raised chicken.

          And who do you suppose hands out those “corporate welfare” checks? It’s your brownshirt friends in bureaucracies. Get rid of your overpaid pals in the bureaucracies and boom no more corporate welfare. But really you love corporate welfare since most corporations are little more than extensions of their bureaucratic overlords anyway.

          • Robert

            Allen
            I would request you do some research and you will find every regulation removed to let the Financial Market do as they please, except 2 were were removed, by the Republican Conservative, they took all the restriction off of the Financial Business that was put there by Franklin Roosevelt after the great depression, to protect the people who lost their entire saving because of the greedy banking industry. The same will happen again there must be laws or there is anarchy, If you also check you will find most of the Rich and Financial heads are registered Republicans and Jewish. They are the ones about controlling all the money because that controls the country.
            Wall Street donates to both parties so that they have leverage when they want something and when you donate that kind of money to the campaigns then they want something back for their money.
            If you can not face facts then your world must be a different world than the rest of us live in.
            The first thing you learn in Intelligence community is that money gets you what you want if that is not a possibility then everyone has something they do not want published so you use what is at your disposal to get what you want, That is Wall Street and the rich.
            Which apparently you love.
            HAVE A GOOD DAY

  • JeF

    The bureaucrats have woven such a complex maze of threshholds, hoops & hurdles to traverse, all in the name of compliance and ‘fairness’; they think that if they’re not creating some new ‘regulation’, someone will be in danger of something down the line.
    The only danger to us, is this very mentality of the bureaucrats dreaming up some imaginary future outcome that has’nt happened yet, or creating a problem where none existed before.
    We see it more & more as the years go on.
    What to do, but start eliminating ,or severely cutting back the funding of most of these redundant big govt. agencies.
    That’s a start to reduction of the National DEBT!

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