President Elect Obama is now President Obama.  Once again the transfer of power has been completed peacefully thanks to the system.  We also as a nation have underscored a core American value.  Anyone can grow up to be anything they want to be.  That's America – freedom.  We have the freedom to fail or succeed here and that's one of the freedoms I will jealously guard.

Every four years we have an inauguration in this country, and like clockwork it happens on January 20th.  That seems like such an odd day to choose, not the beginning of the month or the end, not even the middle!  I was born in January and my husband and I were married in January.  He always says that it was a plot on my part to celebrate and have presents every two weeks starting with Christmas and ending with Valentine's Day.  I had to wonder if January 20th was our country's way of breaking up the monotony that suddenly settles in after New Years.  As it turns out, the Twentieth Amendment to the Constitution, which was adopted on February 6, 1933, set the day.  Before that Amendment, the new President and the new Senators and Representatives took office on March 4th.  The reasons given for changing it were that with improvements in communications it (usually!) only took a few hours to know who won an election.  Therefore, they moved the Presidential inauguration date up to January 20th.  They also moved the date for installment of new Senators and Representatives up to January 3rd so that you wouldn't have a "short" year where the old representatives had two months to cram in legislation.  Additionally, if it was going to fall on Congress to decide who was going to be President they didn't want the old Congress choosing but the new Congress.

Once I found that out it made a lot of sense to me.  The Obamas are both lawyers and should be familiar with the Constitution, especially as it relates to Presidents.  For the rest of us who might not remember much from our high school history classes, here's what I found out about presidential inaugurations and powers in the Constitution:

Terms for Elected Officials – President's terms end at noon on the 20th of January, Senator's and Representative's terms end at noon on the 3rd of January.

The Oath – The Constitution sets out the words for the oath of office.  "I do solemnly swear (or affirm) that I will faithfully execute the office of the President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Powers – The Constitution gives the President the role of Commander-in-Chief.  He has the power to pardon people, make treaties, nominate certain officers, and fill some vacancies.  He can convene and adjourn Congress, receive ambassadors, execute laws, and commission officers.

Succession – Most of us know that when a President dies the Vice-President takes his place.  The same thing happens if a President Elect dies before taking the oath of office, the Vice-President Elect then takes the oath and becomes President.

So, while they are celebrating in Washington, take some time to reflect on the greatness that is America.  You could be the next President.  You can be what you want to be, so spend a little time thinking about your own future while we wait to see what the future of our nation has in store.

Related Links:

• Read Article II of the Constitution.
• Read the Amendments to the Constitution.

A few weeks ago I talked about laws that made it illegal to wear baggy pants in public.  It made me shake my head a lot but I quickly forgot about it until a couple of days ago.  Some relatives are visiting from out of town and I got to hear that where they're from it's illegal to buy anything but food in some stores before a certain time of day.  Apparently, you can shop at their 24-hour Wal-mart at any time, but if it's in the morning, you won't be able to buy most things in the store.  After I stopped laughing I started thinking about other crazy laws, some of which have been in effect for years.  I started to take a look and was floored at just how many wacky laws there are and how many books and websites have been devoted to them.

Some of these laws are easy to understand.  For example, there are old laws still on the books that specify a limit to the number of livestock you can drive down a city street.  A hundred years ago this would have made sense.  However, I don't see anyone trying to drive sheep down Hollywood Boulevard today.  Lots of laws prohibit doing certain activities on Sunday.  These are a holdover from a time when many believed that to do anything besides go to church on a Sunday was a sin.  Some laws, however, are not as easily explained.

In South Carolina you have to be over 18 to play a pinball game (Section 20-7-8915).  Apparently South Carolina isn't the only place which has it out for pinball games.  In El Monte, California, it is illegal to possess a pinball machine or any machine designed to simulate a horse race (Section 9.24.020).  I can't even guess at the reasoning here.

In Maine it is illegal to put advertisements in cemeteries.  What scares me is this – did they make this law because someone actually tried to?  Can you say morbid?

Okay, the only reason this one is funny is because of the state it is in.  Yes, Nevada, the state that has legal prostitution, has made it illegal to sell sex toys in Reno (8.14.040).  I wonder how they decide where to draw the line?

In Washington, it is illegal to risk spreading a contagion (RCW 70.54.050).  In other words, it is illegal to go out in public if you have a cold.  You know, come to think of it, this might not be so much crazy as impractical.  I mean, after all, can you imagine what would happen if every person who thought they had a cold didn't go to work?  During the winter, the economy might just grind to a halt.  Even worse, nobody's Christmas presents would be delivered on time so long as they were coming by way of mailman, UPS guy, or anyone not answering to the name "Santa Claus".

Also from Washington, in Spokane it is illegal to wear a life jacket near the Spokane River (Listing 10.19.010).  Upon closer inspection, this is because swimming in the river is illegal and possession of a life jacket near the river is seen as evidence that you were planning on getting into the river.  Makes me wonder, though, what happened to all those people sporting the kind of lifejacket looking vest worn by Michael J. Fox in the Back to the Future films.  "I swear, Officer, it's just a fashion statement!"  And right back we are to the Fashion Police from last time.

I know, this look at crazy laws is not overly deep or thought provoking, but in these uncertain times and with the craziness of the holidays upon us we could all use some more laughter.  I guess, though, there is something that we can take away from this.  Why is it that we're constantly coming up with new laws to regulate and constrict our lives, but not getting rid of ones that are clearly outdated?  Just a thought.

Related Links:

• Get more information on children's laws in South Carolina.
• Find out more about legislation and how laws are created, changed, and abolished. check out Lawyers.com article.
• Read about more crazy laws.

As the dust of election week settles it occurs to me that it’s great to live in America.  Seriously.  I don’t think there’s probably a person out there who’s 100% happy with how every race and every measure on the ballot turned out.  Regardless, though, you have to admire the system.  A lot of people have talked about the wonders of the peaceful transfer of power and that can’t be overemphasized.  It is a great thing that leadership changes by counting of votes and not at gunpoint. 

I marvel at the fact that we the people have the chance not only to choose our elected officials but also to vote on laws that will impact our lives and the lives of our neighbors.  I often focus on the judicial branch of our government but the great thing is that the average citizen gets to participate in the legislative part of our government and help shape the executive one as well.

People often go through life feeling powerless to effect change whether it’s in their home, their workplace, or the world.  If the last several years have taught us anything, though, it’s that one single voice can make all the difference.  If you don’t like a law, stand up and voice your desire for change.  Round up your friends and neighbors and petition your representatives.  If there’s a need in your community that’s not being met, do what you can on a personal level to help out and then take your issue to your local government.  One person can single-handedly change the course of an election.  One person can also be the straw that broke the camel’s back and brought about change.

I guess my point is that regardless of how you feel about the outcome of the recent election, use that emotion to spur you on to get involved in local government.  If you want change, stand up and say so.  Our civic rights and responsibilities don’t end at the ballot box, they just begin there.

Related Links:

• See what the Seventeenth Amendment has to say about the election of senators.
• Find out how laws are created.

Last time we discussed some of the benefits of the bailout plan for homeowners, stockholders, and bank patrons.  The bailout has a great many other things to offer the consumer.

Your Taxes

There are several other tax advantages that are built into the bailout.  For instance, the AMT tax system has increased the exemptions for couples and singles.  The new exemption for couples is $69,950, and for singles it is $44,350.  These are increases of $3,700 and $1,850, respectively.

Tax credits have also been made available.  There are tax breaks for victims of natural disasters and residents who pay state and local taxes in states with no income tax.  There are also college tuition deductions and money set aside to help teachers buy their own school supplies.

Additionally, tax credits were also extended on several different energy-conscious activities.  Homeowners who install solar panels on their roofs, wind turbines, or geothermal heat pumps can claim a 30% tax credit.  Energy efficient home improvements are able to get an extra year of tax breaks.  Also, the first 250,000 people to buy an electric vehicle can claim a $7,500 tax credit.

Your Health

Now this one is going to seem like it comes out of left field, but there is a reason for it.  In order to get this bailout accomplished in a timely manner they had to tack it on to an existing piece of legislation that was already slated.  The one they tacked onto is titled Mental Health Parity, and it requires employers with at least 51 workers who offer mental health or substance abuse coverage to have the same rules and limits as any other doctor visit.  Employers are not required to offer mental health coverage to employees, but those who do will need to make it so that deductibles and costs are the same regardless of whether your problem is physical or mental/emotional.  Many people who see mental health specialists could save a lot of money on out-of-pocket costs.

Midwest Disaster Relief

Last, but not least, the government took the opportunity to help out the victims of summer storms in the Midwest.  If you were a victim, you could withdraw funds from your I.R.A. to help you and the 10% fee would be waived.  It also increases the amount that people can borrow from their 401K.  Also, if you are housing up to four people that were dislocated by the floods, then there is a tax exemption with your name on it.  The bailout also provides tax relief and scholarships for people affected by other disasters.

These are some of the many ways that the bailout could help you as a consumer.  After all, we should all benefit from the bailout of the banks.  In the end there's still a lot of confusion about what the bailout will do.  However, make sure you stay on top of what's going on and definitely what tax deductions you might now be able to take.  Hang in there, sooner or later the economy will turn around.

Related Links:

Get more information about taxes and deductions and find an attorney who can help you. http://www.lawyers.com/find_a_lawyer/content_search/results.php?p=1&ns=y&s=taxes&c=0

Find out more about mental health and insurance on Lawyers.com. http://www.lawyers.com/find_a_lawyer/content_search/results.php?p=1&ns=y&s=mental+health&c=0

Know what to do to recover from a disaster. http://research.lawyers.com/Life-Event-Home-Disaster-Recovery.html

So the bailout finally arrived and, if you're like most people, you haven't a clue what that means for the consumer.  You've likely heard that the bailout will help banks stabilize and encourage banks to really start lending again, which is great if you want to buy a car or a house.  But, what if you're not in the market to buy?  What are you getting out of this?  If things go according to plan, the answer is: plenty.

Your House

Homeowners have been facing some great challenges as they find themselves locked into mortgage payments they can't afford.  The bailout provides some hope for those in this situation.  The Treasury Department will be buying troubled mortgages, which will free up the banks.  The Treasury Department is also going to attempt to modify mortgages, reducing the amount of money people owe.  It is unclear how many mortgages they will buy and how effective they will be in modifying mortgages. 

For those whose mortgages are lowered, though, they will not have to pay income tax on the amount that was forgiven.  This is crucial and excellent news.  Otherwise, if you had a $300,000 dollar mortgage, and the government suddenly told you that you only owed $250,000, then you could be taxed on the $50,000 that was forgiven as if it was income.  Paying taxes for money you didn't get to put into your bank account is impossible for many people, particularly those facing foreclosure.  So, good news, no tax owed on whatever amount of your loan is forgiven.

One other good thing about all of this relates to renters.  If a house is foreclosed, renters will be allowed to remain so long as they abide by the terms of their rental agreement.  This helps to guarantee renters that, regardless of what happens to the owner of the property, they will be allowed to stay.

Your 401K, IRA, Mutual Funds, and Stocks

Some days it seems like the stock market is in complete freefall.  The effects of a bailout should be beneficial to these assets, although the effects might not be seen for a while.  The aim of the bailout is to stabilize the economy.  When the economy is more stable, so is the stock market and your retirement fund.

Your Bank Accounts

There is definitely good news on this front, especially if your bank is on the endangered list.  The FDIC, which insures bank deposits, has upped the amount that they cover.  Previously a bank customer was insured for up to $100,000 (regardless of how many separate checking or savings accounts they had in that bank).  Now, they are insuring deposits for up to $250,000 per account holder (up to 500,000 for joint accounts).  This will be in effect through the end of 2009.

So the bailout is seeking not only to stabilize banks but to secure the personal finances of homeowners, stockholders, and bank customers.  These are just three of the benefits to the average consumer.  There are more, and I will discuss them next time.

Up Next:  Bailout Part II

Get more information about the bailout perks. http://www.nytimes.com/2008/10/04/business/04consumer.html?_r=2&sq=bailout%20bill%20brings%20diverse%20perks&st=cse&oref=slogin&scp=1&pagewanted=print&pagewanted=print&oref=slogin

Get the information and the help you need if you are in danger of foreclosure on Lawyers.com. http://www.lawyers.com/find_a_lawyer/content_search/results.php?p=1&ns=y&s=foreclosure&c=0

Find out more about 401Ks. http://employee-benefits.lawyers.com/pension-and-profit-sharing-plans/401K-Plans.html

Well, it's that time of the year.  Elections are upon us, and not just any elections, but the presidential election.  I can't help but wonder as November 4th looms closer what this year is going to bring.  I also can't help but wonder if I'm going to have to wait to find out who won…again.  Thanks to the last two presidential elections, many people are aware of aspects of the voting process that heretofore went largely unnoticed.  The Electoral College, hanging chads, butterfly ballots and other such words are still part of the American consciousness several years later.  Many states have moved to make improvements in their voting processes, but how much has really changed for the better?

The voting process is not standardized across the country.  Instead, it is up to the states to dictate the rules and procedures by which its citizens cast their ballots.  That means that requirements can vary greatly from state to state.  Some states require voters to present proof of identity, while others do not.  A few states such as Iowa allow voters to register and vote on Election Day, while others have a deadline to register well in advance of Election Day.  Some use paper ballots, while others use touch screens.  And, in Virginia, some voters must wear trash bags.

Yes, you read that correctly.  Trash bags.  Here's why, Virginia does not allow people to try and sway others politically within 40 feet of a polling place.  They have recently interpreted this as meaning that not only can you not try to actively sway voters, but you also can not passively express your own opinion.  So, voters who are wearing political t-shirts or buttons will be asked to cover them up or remove them.  Guys might be asked to turn a t-shirt inside out.  For those who need assistance complying with the rule, registrars will be passing out a variety of cover ups that range from choir robes to ponchos to trash bags with holes cut out for arms and head.

There are an amazing amount of rules and regulations surrounding elections.  Unfortunately, many people are ignorant of some of the things hidden in these rules that they should know.  For example, in many states the law requires companies to allow their employees to be late to work in the morning if they were voting and to pay them for the time that they weren't there. 

So, here are some tips to help you navigate your way through the craziness of Election Day.

Know where you're going to vote.  Double-check your voter's information pamphlet and, if need be, check online for your polling place.

Know what you need to bring with you.  Find out in advance if you need identification, and if so, what type.  Usually, driver's licenses are the preferred document but others, such as passports, are usually acceptable.

Find out if there are any special restrictions.  This includes things like whether or not you can wear political buttons or clothing to the polls.

Give yourself plenty of time.  The last thing you want to do is find yourself stuck in a line and either racing through your ballot or having to leave before you get the chance.

Before you blow off work the morning of the 4th, make sure you check with your company's employee handbook.  See what the company policy is about this time off from work.

Double-check your ballot.  Regardless of how you vote, take the time to make sure that your ballot clearly reflects your choices.

When in doubt, vote for Snoopy.  We'll get that beagle into office sooner or later!

In all seriousness, Election Day is an important day, and it is our right and our responsibility as citizens to make sure our voice is heard.  Take the time to vote on November 4th and wear that little flag sticker they give you with pride.

Related Links:

• Read about Virginia's ban on political garb.
• Find out the rules for absentee voting in person for your state.
• Read more about states who have same day voter registration.
• Read the Twelfth Amendment to the Constitution applying to the election of presidents.

Protestors.  They are everywhere.  I don’t actually know if the number of protests is on the rise, or if I’m just more aware of it these days.  I drove by a group of people protesting abortion yesterday.  For weeks people around the world protested as the Olympic torch passed through their cities, angry about the human rights violations that are ongoing in China.  War protests are so frequent that they have practically become passe; However, a couple of weeks ago the strangest protest I ever heard about happened in southern California.  Some elected officials are trying to pass a law banning Mylar balloons. 

The protest that erupted over the Mylar balloon ban was amazing and unique in many ways.  People who had never protested a day in their life came out for the event and brought their entire families with them.  Mom, Dad, and the kids all marched and carried balloons outside the offices of the senator that was pushing for the ban.  Many were chanting S-O-B (Save Our Balloons).  I heard a six-year-old girl chanting that as loud as she could and thought I would never stop laughing.  Even though I wasn't even in the state I went out and bought myself a Mylar balloon with a pirate on it.  It's still floating proudly in my office.

It’s all got me thinking, though.  I’ve never protested or marched or done anything like that.  It’s not that I don’t have strong opinions and beliefs.  Rather, I’ve never been clear on what the legality of such things is.  I mean, it sounds appealing until you hear about people being arrested for protesting.  What happened there?  If I go out and join a group of protestors and hold up a sign, am I putting myself in danger of being arrested, too?  Don’t get me wrong, there are causes worth dying for, let alone getting arrested for, but the rational part of my brain tells me that I don’t want to find myself on the 6 o’clock news being led away in handcuffs.  Where exactly is that line?

The First Amendment guarantees us the freedom of speech and the right to peacefully assemble.  The government can't stop you from speaking your mind or assembling with others to do so jointly.  However, it can put some restrictions on it.  Many cities have public forums, often parks, for the purpose of these assemblies.  It seems the golden rule of protesting is: don't break any laws.

This may seem like a no-brainer, but think carefully.  This is where many protestors can get themselves into trouble.  Depending on what you're protesting and where, the police may be more or less inclined to overlook your actions.  However, regardless of where you are, what you're protesting or how many people are doing the same thing, you are still ultimately responsible for your own actions.

Don't trespass on private property.  This is against the law and is one of the reasons protestors can get arrested.  Make sure the place you choose is public, such as a local park.

Get a permit if one is required.  Checking with your local government will help you discover if you need a special permit to protest.  Restrictions on time, place, and manner of assembly or protest can be easily enforced this way.

Don't destroy property belonging to someone other than you.  Don't vandalize, deface, or destroy anything belonging to the government, a business, or another person.

Don't assault anyone.  Do not touch police, government representatives, private individuals, basically anyone.  And don't threaten to harm them, either, or make them think you're going to touch them.  Also, don't try to incite others to commit violence.  Remember, only peaceful assembly is protected.

Be courteous to police officers.  Their job is always difficult and perhaps never more so than when they are faced with an unpredictable crowd.  The more stress you heap on them the more likely things will go badly.

If you follow these guidelines, you are less likely to run afoul of the law.  Who knows, maybe now that I’m clear on my rights and my responsibilities, I might just go out and protest something.  I think I'll take my balloon with me.

Related Links:

• Read the First Amendment text.
• Get more information on the Mylar balloon issue.