As the legislative session kicks off this year, there are several key issues that will be addressed. One of the most pressing of those issues, is the issue of payday lending.
Payday lenders offer short-term loans called cash advances, or payday loans. In theory, the idea of borrowing some quick cash when one needs it, sounds like a good idea. The only problem is, it doesn't work that way. I know, because I was a payday lender. I was also a customer.
It works like this. A financially-strapped customer walks into a payday loan center. He provides some basic personal information, and a personal check. The lender offers a loan, based on the customers gross income, and then the customer writes a personal check for the amount borrowed, plus a fee of $10 for every $100 borrowed. The customer is given a due date two to four weeks in the future, when he must return with his payment of the amount borrowed, plus the fee. At that point, his check is returned to him and the loan is closed. Sounds like a done deal, right? Not exactly.
The truth is this. Ninety to ninety-five percent of payday loan customers continue to borrow and re-borrow, and in many cases, it goes on for years. They simply pay one loan, and then take another one out for the same amount right on the spot. In the end, consumers pay thousands of dollars in payday loan fees, for something they'd be better of without. In fact, I can't think of any other "product" that is more useless than the payday loan.
Payday lenders also charge an APR of 260% for their loans. Yet, they will tell you not to pay attention to the APR, since their loans are short-term and fee-based, and shouldn't be subjected to annual percentage rates. Then why in 2007 did Congress make payday lending to members of the military illegal? Because they deemed payday lending "a threat to our national security."
Thirteen other states have already outlawed this predatory form of lending, and now is the time for Rhode Island to be the next state to ban this ridiculous practice. If not, these out-of-state and out-of-country lenders will continue to make huge profits at the expense of decent, hard working Rhode Islanders.
What you've read is the truth about payday lending. Don't believe the industry's lies and rhetoric. The time is now for payday lending reform in Rhode Island.
Stephen V. Martino

Joe Richer
9:40 am on Thursday, February 7, 2013
It seems to me that you wish to make illegal a simple transaction between a willing buyer and a willing seller. Can you please point out where any force or fraud is being used on the part of either party to this transaction. Why should any American give up his or her freedom to take or make a loan to another American?
Sherrie
4:49 pm on Monday, February 11, 2013
What do you work there Joe...it is a scam that is only partially shared with the consumer. Why else would you advocate for this to be ok...want your children or family members to try one?
Joe Richer
10:35 am on Tuesday, February 12, 2013
I want my children and family to be free to do business with vendors they choose to do business with under terms that are agreed upon upon both parties.
Why do you seek to stop two people from doing business with one another under terms that both find agreeable?
Carol Wilson-Allen
10:33 am on Thursday, February 7, 2013
I've never borrowed from these payday lending companies, but I've seen first hand what damage they can do. All Stephen said above is true. They have you write out a check with fees included. If you do not pay on the date agreed upon, they automatically deposit your check and if monies aren't there, they will harass you with telephone calls. Its a way of keeping people in financial destruction. We do not need these payday loan lenders in our city. This may seem to look good, it really isn't! They are out to "kill" people financially by any means necessary and to keep them in a poverty state of living!
Raul Jamieson Miguel
10:58 am on Saturday, February 9, 2013
It's no different than paying for any other service -- you are expected on a certain date to have the funds available. If you go to the vet for a $300 checkup for your dog, do they just let you sit around and not pay for the service (especially if you pay via check and it bounces)? Any business who is owed money wants to be paid.
The reason this is short-term credit is because there are less regulations and less questions. If you want due-diligence, go to a real bank and get a real loan. Problem is, if you don't have ability to pay, you get declined and now you have no $$. If you want some $$ where they don't ask many questions, this is what you are left with.
Companies like this will stay in business as long as people keep using them. They aren't meant as a means to get from paycheck to paycheck (but too many people do such).
Dan D
11:04 am on Thursday, February 7, 2013
there is purposeful misleading language in the contract, they have charts saying what APR you will pay and those charts are flat out wrong. they change the terms and payments on a whim. Frankly, the owners should be in jail.
Joe Richer
6:23 pm on Sunday, February 10, 2013
Could you please show the language...I'd be happy to change my mind? Can you prove terms are changed "at will" - where's the contract? If what you are saying is true and you have evidence, it seems to me that you have plenty of evidence to contact the Attorney General and press charges?
Raul Jamieson Miguel
11:09 am on Thursday, February 7, 2013
I bet if this gets published 15 more times, maybe more people will agree with you
Matthew Desilets
9:16 pm on Saturday, February 9, 2013
I used to work at a major banks call center dealing with incoming calls to customer service. I can tell you the results of a pay day loan arrangement being used and the "customer" not having the funds in the account on payday to actually repay the loan. This results in a cascade of fees on the account ( from what I have witnessed payday loan companies resubmit the amount due first as the full amount next in half and then if they still couldn't draw the funds they put it through as many small amounts to recover what they could generating many fees in the bank account and I assume fees from the loan company as well. While it is true that this is not illegal it is predatory because in many cases the type of person who needs to use this type of loan is low income people who are likely to have a hard time paying it back causing them to need yet another loan to get them to yet another small paycheck. I do not think this type of lending in itself should be banned but some serious review of the fee schedules and practices they use to recover these funds should be looked at. There should be some sort of warning posted at the loan window doing a better job explaining it to the uneducated people who are likely to be taken advantage of.
Politics Sheriff of NK
11:46 pm on Saturday, February 9, 2013
This is a predatory business run by predators to milk the poor and ignorant, plain and simple. Ban these things.
Leave RI
12:32 am on Sunday, February 10, 2013
..."This is a predatory business run by predators to milk the poor and ignorant, plain and simple. Ban these things."
That's what got the current administration elected.
Tired of NK antics
5:19 pm on Sunday, February 10, 2013
How is it predatory? The customers of these businesses walk in of their own free will, agree to the terms and complete the transaction. Nobody is holding a gun to their heads (Oh my did I mention handguns???).
They most likely chose to use these businesses because their poor credit history will not pass muster in a more conventional loan environment.
Dan D
9:00 pm on Sunday, February 10, 2013
misleading and fraudulent "agreements" and it is the customers fault? no. you are mistaken. And if you are not, I have a bridge you might be interesting in buying.
DownTown
6:58 pm on Sunday, February 10, 2013
These loans weren't even legal in RI til a few years back. While the rest of the country was looking at regulating them and getting rid of them RI's corrupt politician were making them legal here.
Govstench
9:42 pm on Sunday, February 10, 2013
This "lending" operations remind me of taking loans from a loan shark. Sky high usery rates and you never catch up. You ended up with broken hands or worse if you missed a payment. These PayDay joints do take advantage of the poor and down trodden for a quick buck. The politicans are probably getting a kickback to keep them open. Run them out of business once and for all.
Tired of NK antics
12:31 am on Monday, February 11, 2013
Its simple, don't use them! Why is that so difficult to comprehend? Nobody forces them in the door, and its there fault if they don't understand the contract. If there are no customers, the business will fold. Be responsible for your own actions. I suppose if you eat fast food 5 days a week its the burger joints fault you become obese.
Caveat Emptor.
Raul Jamieson Miguel
6:46 am on Monday, February 11, 2013
Isn't it sad people have sued McDonalds for making them fat and won?
We live in a society where you do something wrong, you sue for it or blame someone else.
The problem is, a lot of these people view Payday loans as a means to get paycheck to paycheck. It's meant as a one-time expense, not to pay for your everyday life-style (bar tabs, etc.).
Joe Richer
9:01 am on Monday, February 11, 2013
Some people simply do not wish to be free. It's sad. With every bad thing that happens to them due to their own choices - they will point to someone else. This means they will never grow, never learn, never improve their lot in life.
If you want a better life and you don't want to be a victim, you must look inside yourself first. You must examine every decision and make it your habit to hold yourself accountable before seeking answers elsewhere.
None of this is to say that bad things don't simply happen to people - only that they don't "just happen" as often as most people believe they do.
I apologize if these truths seem difficult to some. I live my life this well...it's working for me...and for my children. Be free...be accountable to yourself. Simply IMHO.
DownTown
5:20 am on Tuesday, February 12, 2013
These loans were ILLEGAL here till a few years ago. No one could use them.
Joe Richer
10:38 am on Tuesday, February 12, 2013
Selling alcohol was once against the law as well - but they we realized that willing buyers and willing sellers should be free to conduct business as they like.
We should provide protections and regulations against the use of force, fraud, and monopoly. If a business is using any of these tactics, they should be brought to justice. I've not yet seen any evidence of this in any posting so far.
Anon
9:49 am on Monday, February 11, 2013
Although there may be no actual fraud, these businesses prey on people who are under duress. They offer what looks like a solution to people who need help. Then, once the hook is set, the cumulative fees place the customer in worse condition than they were before.
In other words, these companies make their money by giving false hope to people who are in bad situations, then turning around and making the bad situation worse. Many of these people just don't understand the terms of the agreement. They are fooled by the company's marketing into thinking that they are being helped, and that the loan is a good way for them to solve a short term problem, when it really isn't. And that's just fine by the company.
Buyer beware is a useful ideal. But not all buyers are sophisticated, and companies like this can (and do) take advantage of that lack of sophistication. This results in great harm to the unsophisticated buyer. So caveat emptor has to be balanced and tempered by regulation that limits the sophisticated, bad seller.
Raul Jamieson Miguel
10:49 am on Monday, February 11, 2013
The problem is that these short-term lenders do not have to perform due diligence. If they did, they would simply become a bank. They would need bank statements, W-2's, credit checks, etc. If these lenders became like this, people who need "quick money" would no longer get access quickly.
People get caught up in the "get money fast" slogan, and government regulations do not force the appropriate questions into whether or not the recipient will have significant room to repay. Again, if they did, they would become a bank, and these people would likely be denied.
The question that really needs to be asked -- How much better/worse would these people be without a payday loan? Even if they get caught up in a crappy cycle (which I don't agree with) does it prolong their ability to provide a life to their family? Does it keep the heat on? The water? The electricity?
Most people who start a business benefit from people and their needs. If people didn't have needs, they wouldn't buy anything. They wouldn't go to gas stations, pay ridiculous cable bills to watch TV, etc.
Rags 1
2:08 pm on Monday, February 11, 2013
The people that need the loans and credit the most are the ones that get screwed
with hidden language and loans that are like that of a loan shark.
Tacit fraud and should be put out of business.
Ted Geisel
3:18 pm on Monday, February 11, 2013
Isn't this already illegal here? We have a law against charging too much interest already.
§ 6-26-2 Maximum rate of interest. – (a) Subject to the provisions of title 19, no person, partnership, association, or corporation loaning money to or negotiating the loan of money for another, except duly licensed pawnbrokers, shall, directly or indirectly, reserve, charge, or take interest on a loan, whether before or after maturity, at a rate which shall exceed the greater of twenty-one percent (21%) per annum or the alternate rate specified in subsection (b) of this section of the unpaid principal balance of the net proceeds of the loan not compounded, nor taken in advance, nor added on to the amount of the loan.
(b) The alternate rate means the rate per annum which is equal to nine percentage points (9%) plus an index which is the domestic prime rate as published in the Money Rates section of The Wall Street Journal on the last business day of each month preceding the later of the date of the debtor's agreement or the date on which the interest rate is redetermined in accordance with the terms of the debtor's agreement. If the Wall Street Journal ceases publication of the prime rate, the director of business regulation shall designate a substantially equivalent index. In the event an index is published as a range of rates, then the lowest rate shall be the index.
stephen v. martino
9:13 pm on Monday, February 11, 2013
Ted; Payday lenders operate under a special "carve out" in the general laws for check cashers...section 19-14.4-4. These loans are defined as "deferred deposits," and because of this exception in state law, they're able to charge a 260% APR. The fee amount of $10 for every $100 borrowed, for two weeks=260% APR. According to the Truth in Lending Act (TILA), these companies are required to post annual percentage rates.
Ted Geisel
9:56 am on Tuesday, February 12, 2013
Thanks Stephen, that is good to know. If anyone is interested here is the full law that Stephen mentioned.
§ 19-14.4-4 Fees for services. – No licensee shall:
(1) Charge check-cashing fees in excess of three percent (3%) of the face amount of the check, or five dollars ($5.00), whichever is greater, if the check is the payment of any kind of state public assistance or federal social security benefit;
(2) Charge check-cashing fees for personal checks in excess of ten percent (10%) of the face amount of the personal check or five dollars ($5.00), whichever is greater; or
(3) Charge check-cashing fees in excess of five percent (5%) of the face amount of the check or five dollars ($5.00), whichever is greater, for all other checks.
(4) Charge deferred deposit transaction fees in excess of ten percent (10%) of the amount of funds advanced.
SC
5:16 pm on Monday, February 11, 2013
Gee, next thing you know they will be trying to ban large, sugary beverages. Bottom line, there will always be people who will do things that aren't good for them. You cannot force people to be smart.
Anon
5:48 pm on Monday, February 11, 2013
I'm not sure why everyone is so opposed to limiting bad loan practice. This isn't about stopping people from harming themselves. It's about stopping businesses from harming the consumer. We have TONS of laws like this that protect consumers from injurious business practices. Just to name a few: lead paint bans, SEC disclosures, anti-discrimination laws, tradesman licensing requirements, antitrust laws, anti-pyramid scheme laws, FDA certification for certain drugs, etc. Should we abandon those laws as well because, you know, caveat emptor? If those consumer protection laws are OK, then why not this one?
Jack
5:53 pm on Monday, February 11, 2013
You can't force them to be smart but you can provide some protection for those less fortunate than yourself.....most of the people who use these places have a very limited understanding of what is happening and are truly taken advantage of.......they need limits set by government because when they go and screw someone they end up on welfare
Raul Jamieson Miguel
6:29 pm on Monday, February 11, 2013
It's easy to call for government protection -- If you want government protection go get a banked backed loan --- Go through the process --- give them your W2's, give them your pay stubs, give them your credit report --- go through the process where they will determine if you should be approved or rejected.
Here's the reality -- If these people had other options for money (family, friends, credit cards), do you think they would be going to Cash Advance for money?
Here's another question -- Why go into business if you don't want to profit off of other's misfortune? Have you been to Starbucks -- $3 for a overpriced garbage coffee? Have you seen gas prices? Or cable prices? Price off a Bruins ticket lower bowl is $450. A steak at Flemings is $40 with no potatoes or salad.
Perhaps we should attack everyone who benefits from our misfortune, jerks!
Jack
7:22 pm on Monday, February 11, 2013
Raul you are talking about choices you make when you have money.....payday loans are for those who have nothing and little chance at getting better, most are extremely poor and uneducated, they need the help of all of us capable of reading this blog
Raul Jamieson Miguel
7:28 pm on Monday, February 11, 2013
The issue for these people comes down to one simple question: What is the alternative? I will never disagree with the fact that this is a business meant to make money off of the poor and unfortunate. That is why they are in business.
If you are Sally Joe, does the payday loan provide a service? Does it continue to allow you to support your family? Does it pay your bills? Is your water on? Your electricity? Your heat?
If there was another alternative for them, don't you think they would take it?
I don't endorse payday loans persay ... I just don't think there are other "positive" alternatives for these people, and if there were, they wouldn't be using payday loans.
Jack Baillargeron
7:17 pm on Monday, February 11, 2013
If you go to one of these places; it is not the place that is the problem. It is you!!!!
The key word here is "SELF-RESPONSIBILTY"
Can't fix stupid as they say.
Tired of NK antics
7:31 pm on Monday, February 11, 2013
Everyone here that has blogged about the "unfortunate" and the "poor and ignorant". Those remarks all smack of classism and possibly even racism because you all assume the people that freely choose to use these kinds of services a of a lower education level than you. Maybe they know exactly what the terms are and feel this is there best/only option. Free market rules. If there was not a market for their services, the business will perish. You can always protest their business, but that would take effort and you all would rather have the nanny-state do your work for you.
Dan D
8:25 pm on Monday, February 11, 2013
you miss the point. They LIE and change the terms after you get your loan. and they were illegal until our legislature legalized them and allowed them to do just that. You completely miss the entire point. which, smacks of classism and even racism.
Tired of NK antics
8:39 pm on Monday, February 11, 2013
I didn't miss the point, I just don't agree with it. I assume you have proof of the lies and terms being changed? If the contract is signed, the signee has a copy. I don't see how that can be manipulated. The bottom line is you are responsible for your own actions, regardless of the level of comprehension. You sign an agreement , you own it. If you don't like the terms, move on.
DownTown
5:25 am on Tuesday, February 12, 2013
So you must be in favor of loan sharking because that's what these amount to.
Free market rules right?
Tired of NK antics
7:31 am on Tuesday, February 12, 2013
@ DownTown, I dont care about loan sharking, but if there is somebody willing to do business with one, it is fine by me. It doesn't affect me in the least and nor does it affect you.
Do you really think there aren't any loan sharks? I suppose you think there is no organized crime, illegal gambling joints or pot brokers.
Jack Baillargeron
11:01 am on Tuesday, February 12, 2013
Wrong Dan D. If the business is in violation of the law, it is your responsibility to reprot them to the proper authorities. If you do not then you are as guilty as the business violating the law, because you won't report them. Do you allow criminals to rob you and sit back and say oh well it happens and take the loss?
Jack
9:39 pm on Monday, February 11, 2013
There is a need for a whore house so do we allow one to open ????
Tired of NK antics
7:26 am on Tuesday, February 12, 2013
If you think there are no whore houses in RI then you need to wake up and smell the coffee.
Leave RI
9:58 pm on Monday, February 11, 2013
I'm all about any business that plays by the rules. If you jump into a game not knowing the rules you're the idiot. It's not like the card game in the movie "Stripes". The terms are available before you apply. If you have questions then ask or bring someone with you who you trust to ask. If you're blindly signing something you can't do, don't blame the company..you're the idiot who can't do a simple course of action analysis.
DownTown
5:28 am on Tuesday, February 12, 2013
First the Legislature allowed payday loans when they were not allowed by law then they made an exception to the laws on usurious lending rates.
Maybe you are in favor of allowing bodily harm for collection?
Rhode Island is the only State in New England that allows these loans. Where is Ray Patriarca when he's needed?
Leave RI
8:47 am on Tuesday, February 12, 2013
That doesn't make sense. What I said was don't do it if you don't like it or can't figure it out. What your saying is stupid people should be able to use the all encompassing defense of "well I didn't know"..like the AAA drivers of the year who drive with their turn signal on like it's a left hand turn around the globe..victims of their own stupidity
Jack Baillargeron
10:46 pm on Monday, February 11, 2013
I am surprised at the people that are blaming the business. As long as they are following the law, what is the problem, you go in wide eyes open. If you decide to close those eyes, then it is all on you and no-one else, least of all the government to fix your own foolishness.
I must say, some of you are reminding me of those who keep supporting all the mortgage stuff, well those of us who pay our mortgage pay for your mistakes. If it is a legal mortgage or loan then tough luck for you, not my problem or the governments.
I laugh at the new Obama plan to help people who have houses worth less than they paid, well tough luck on that too. It matters not unless you are selling the house and rates go up and down all the time. How about those that use to get variable loans and then when the APR jumped to 20% they moan and groan, but said nothing when the rate was 8% and mine was 12% because I knew the trappings of variable APR. Now they whine about how mine is so much lower. Well tough luck there too.
All the same if you can’t read, then you have no business going into these businesses obviously. Like a few have said here. It is your own fault period. You’re in tough times you find a way that doesn’t put you in more tough times. Why is it, that stupidity is no longer the fault of the individual and they expect my tax money to bail them out? There are plenty of social programs that can help. But in the end you will never Legislate stupidity out of individuals.
Jack Baillargeron
10:47 pm on Monday, February 11, 2013
PS. Quite frankly when I saw the one open in Warren on Metacom, I did not think it would last long. I remember these things around every military base in the 70's until they were outlawed from dealing with military personnel.
They are legal Loan sharking and if you had a friend who was in debt to a loan shark, do you think the Government should protect you and get money back from the mob. That’s what some of you are saying it seems. Think about that as there is no difference other than the fact the State made this legal knowing full well what it does.
Look at the money now wasted on so called Re-Hab for gambling, well expanding it even more. I laugh when I see the signs at the Casino's to dial such and such a number to get help, then I get mad because I am paying for the darn help of people who can't control themselves. This mentality of people who can’t swim and jump in the deep end of the pool because they know a life guard is there needs to stop being cuddled. The consequences of your personal actions are your own.
DownTown
5:34 am on Tuesday, February 12, 2013
Jack that's a check cashing place. Not every check cashing place is involved in payday loans.
Judging by the info in your two posts YOU are to blame for the BCWA screwing you over for paying the highest rates for the worst product - its a business how can you blame the business? If the customer is stupid enough to use their water its the customers fault. Get a well instead of paying their bills.
Schools in your town suck? Don't send your kids there no one is twisting your arm.
Just insert government for business in these idiots posts and they will sing a different tune. Government is a business run by the voters. Don't like what is happening? Get the eff out - that's the answer I hear being given on this thread.
Jack Baillargeron
10:32 am on Tuesday, February 12, 2013
First Downtown, we are talking about a private business, and that one in Warren on Metacom is called, "Advance America" Payday Loan' it is a national chain of these places and is the exact business being discussed.
The BCWA is a government entity not a private business, your comparison is laughable. Taking a loan on your paycheck is not a physical product. It is giving a product you have, ie your check that you earned as collateral. No comparison to a government company I own. By your anology paying taxes is the same as this. Not a realistic comparison either.
Schools, same thing, that are mandated by the Constitution and the right of all citizens for grades 0-12 and a mandate by law for all citizens to send their children too. No choice at all.
This business is a choice period; and a bad one for a citizen to make in my opinion. Self-responsibility is the problem of why these businesses can thrive and the fact that the State even made it legal, after so many years of it being illegal. Just another way to keep people dependent and in poverty to stay on government programs, with no why to advance out of them. Again you cannot legislate stupid out of society. You sure can legislate people to keep them dependent on government though. That is what this does in my opinion.
Same as anything else the government creates; if enough of these people who use them complained to have the laws changed on how they run, they would put them out of business.
Jack Baillargeron
10:43 am on Tuesday, February 12, 2013
The answer being given here by most is to have people take responsibility for their actions and not whine about a choice they make on their own to be foolish enough to fall for a legal scam. Has to do with who in the end also pays for it, besides the person who uses it. That would be the taxpayer, when these foolish people end up in the so called social safety net, which is nothing of the kind.
No saying get out I see in my post. Just a reason able answer to stupidity of using these legal businesses. The comparison I used on banks is the same. Getting loans from banks and not reading the contract you sign is insanity. But it is your responsibility to do that not mine or any other citizen. There is no such thing as "too big to fail". Nor is there a such thing as, oops I was a stupid individual to do this and the government needs to bail me out at the expence of taxpayers.
For some this type of business actual works if it is done in a smart manner. I.E. used in an emergency and payed back under the terms in full. If you are living pay day to pay day, you are doing something wrong in your finances. That also is your own personal choice period.
Ted Geisel
10:44 am on Tuesday, February 12, 2013
"Schools, same thing, that are mandated by the Constitution and the right of all citizens for grades 0-12 and a mandate by law for all citizens to send their children too. No choice at all."
Schools or education are not mentioned or mandated in the Constitution, to the best of my knowledge. Could you cite the amendment or article please?
"Same as anything else the government creates; if enough of these people who use them complained to have the laws changed on how they run, they would put them out of business."
It would be nice if that is how government worked. Money drives politics, not citizens... Unfortunately.
Jack Baillargeron
10:54 am on Tuesday, February 12, 2013
You pawn a $1,000 dollar ring and get $200 on the condition you pay it back in 30 days or they keep the ring. You sign a contract to do this knowing the penalty.
You default on the contract you lose the ring. You get a loan from a bank for a car or a house, and default or make a late payment; You are either losing the car or house, a reasonable penalty. No difference then this business. Banks depend on the payments to make money for their stock holders, and in this case the owner of the business is the stock holder.
I do not default on my water, or any other bill, because I make sure they are paid first. If I cannot afford it I do what ever I can to make sure they are paid on time. If that means I must get a 2nd job or do with out other amenities in the family or life stye then you do it period. Government is not a business!!! It is a nessisary requirement for any civil society period.
Jack Baillargeron
10:55 am on Tuesday, February 12, 2013
Sorry so long, but obviously, you needed a more in depth explaination I guess ;-}
Jack Baillargeron
11:27 am on Tuesday, February 12, 2013
Ted it come from; "14th Amendment guarantees "equal protection of the laws", since all States have mandates for Public education, Under the 14th Amendment the Supreme Court has ruled many times that it must be applied equaly to all citizens. Therfore the Constitution up hodls the rights of education. Most famous case was Brown vs the board of education, when Blacks were denied the same right to education as whites.
If anyone knows of a State that does not mandate basic education, I would love to know which one it is. Far as I know it is mandated in all 50 States and territories.
Ted Geisel
11:58 am on Tuesday, February 12, 2013
The Constitution does mandate equal protection under the law. I'm not arguing that Jack. You said "Schools, same thing, that are mandated by the Constitution and the right of all citizens for grades 0-12 and a mandate by law for all citizens to send their children too. No choice at all." They aren't mandated by the Constitution at all. Equal treatment under the law is mandated by the Constitution. If RI changed it's law tomorrow would the Constitution have any say? You should look into San Antonio Independent School District v Rodriguez. The SCOTUS said there was not a fundamental right under the constitution. Per the SCOTUS: " Though education is one of the most important services performed by the State, it is not within the limited category of rights recognized by this Court as guaranteed by the Constitution."
I believe you are correct that all states mandate some form of education but the majority of them (I counted 35) only do so until the age of 16 which is not K-12 like you stated above. RI for example: "Every child who has completed or will have completed six (6) years of life on or before September 1 of any school year and has not completed sixteen (16) years of life shall regularly attend some public day school during all the days and hours that the public schools are in session in the city or town in which the child resides."
Jack Baillargeron
12:16 pm on Tuesday, February 12, 2013
Ted, I did forget about the right to opt out at age 16 which is in most States. But the rest of my post stands as I cannot forsee any State sunddenly saying they will no longer provide public education, and most States have it in their Constitution in any case.
It is a right that the States have, as all rights not expressly in the Constitution are reserved for the States. Having said that the Federal government has found a loop hole in denying Federal aid if they do not follow guide lines from the department of education. Personally I think that is wrong and a violation of States rights.
I also think the recent ruling on Obamacare may effect that. The Court said that the Fed could not force State to set up exchanges by denying Federal Funds if they don't. I suspect some lawyers will sue on that concerning Education. It is a fact that many of the Department of education Mandates have destroyed School system across the Country forcing the increase in taxes enormously to meet these mandates.
This however is a subject for a another blog for sure. It is complex and very divisive because so many do not know how much the Fed government is involved in education. Again in violation in my opinion, infringing on States rights.
As well as the States cannot have any law that Violates the US Constitution, so defacto, if it is Constitutional it is in the Constitution to me under the 14th Amendment. The Constitution is the last word on law. ;-}
Jack Baillargeron
12:20 pm on Tuesday, February 12, 2013
I should have Stated it as mandated to age 16 but provided till 12 grade. My Bad lol
I would also point out that the Founder were very supportive of public education of the populace, especially Jefferson. Many of them Stated and new that in order for a Free Society to evolve, education was paramount.
Ted Geisel
12:34 pm on Tuesday, February 12, 2013
I'm not arguing that states don't have laws mandating education Jack. It's just not in the Constitution like you stated. That's all. Read San Antonio Independent School District v Rodriguez, you'd love it. Property Taxes, Equal Treatment under the Law, and Education all in one case, you'd love it. You said it best "It is a right that the States have, as all rights not expressly in the Constitution are reserved for the States."
"I suspect some lawyers will sue on that concerning Education." I suspect some lawyers will sue because the sky is blue and it's Tuesday.
Jack Baillargeron
1:10 pm on Tuesday, February 12, 2013
Ted@ I agree on the lawyers lol. I could have listed proably 100's of cases by the ACLU on the rights to education that have been won every single time. My point as I said is that if it is held up by the Constitution it is Constitutional and therfore part of the Constitution. Anything that set a Constitutional Precident is part of the Constitution until it is overturned or Amended. Granted my take on it, but also pretty much historically proven ;-}.
I did read that case breif, but it is one the distribution of funds and discrimination. I know they said no fundimental right in the 14th. However the thing with that is the right under the 14th exist only if the States have a madated law for public education. So for me that case is not really relevent in that it was about funding disparity, which also has been sued for in this State for the same reason. I think it was Centralfalls and I believe Bristol/Warren tried it also when Sundun did not follow through with all the funding for the regionalization, but still funded other districts fully that were not regionalized. Not sure but seem to remember that happening and we lost, since distribution of funding is the purview of the General Assembly and redress is through them not the courts I think was the ruling.
Sadly Education is so screwed up in this State and Country. I have a plan but it would never happen, it makes to much sense I think lol. Posted it before but I think we are getting way off topic lol.
Jack Baillargeron
1:11 pm on Tuesday, February 12, 2013
Should read "ACLU on the rights to education that have been won almost every single time."
Ted Geisel
1:45 pm on Tuesday, February 12, 2013
" I could have listed proably 100's of cases by the ACLU on the rights to education that have been won every single time." But you didn't...
You seem to have a unique view on the Constitution. I can eat ice cream just like you. We're are equally protected in our right to eat ice screen. To say it's part of the Constitution because of the equal protection clause is kind of out there though and that seems to be what you're saying.
I didn't figure you for such a big ACLU fan Jack. ;)
Jack Baillargeron
1:58 pm on Tuesday, February 12, 2013
Ted@ Not a fan of the ACLU by a long shot, but sometimes they do get it right, but most times are just breaking the banks of States to make money now and have lost their true mandate a long time ago in my opinion..
My view I do not think is out there, because any law that is passed, must pass the Constitutional test. If it is Constitutional then that proves the Constitution, which is the "Law of the land" as they say, is part and parcel the same. I see no other way to look at it. I may not be explaining it as well as I am thinking it, but oh well, times have changed and so has this senior brain lol.
The Constitution is the document that confirms whether a law is legal, bottom line is it not?
Ted Geisel
2:20 pm on Tuesday, February 12, 2013
I thought I could write a lot Jack. Where do you find the time and energy? ;)
Your original statement was "Schools, same thing, that are mandated by the Constitution and the right of all citizens for grades 0-12 and a mandate by law for all citizens to send their children too." I disagree that they are mandated by the Constitution. Mandated being the key word there. The Constitution says if you have something it has to be equal for everyone but that is far from a mandate on education.
Jack Baillargeron
3:49 pm on Tuesday, February 12, 2013
OK Ted@ How about this.
Constitution of the State of Rhode Island and Providence Plantations
ARTICLE XII
OF EDUCATION
Section 1. Duty of general assembly to promote schools and libraries. -- The diffusion of knowledge, as well as of virtue among the people, being essential to the preservation of their rights and liberties, it shall be the duty of the general assembly to promote public schools and public libraries, and to adopt all means which it may deem necessary and proper to secure to the people the advantages and opportunities of education and public library services.
Section 2. Perpetual school fund. -- The money which now is or which may hereafter be appropriated by law for the establishment of a permanent fund for the support of public schools, shall be securely invested and remain a perpetual fund for that purpose.
;-}
Jack Baillargeron
3:52 pm on Tuesday, February 12, 2013
Notice (perpetual fund ) and I see no need to post the laws governing said public education mandates in this State to age 16. lol.
Nuff said? lol
Ted Geisel
4:32 pm on Tuesday, February 12, 2013
Come on now Jack, you know we have been talking about the US Constitution here.
Jack Baillargeron
11:07 am on Tuesday, February 12, 2013
We all know there are Bad Laws and this one was in my opinion. Don't like it then change it; if you are one who uses these places and feel they are wrong. That is called redress under the US Constitution. If you feel they are violating the law, report them. If you like getting taken over the coals and just whine about it and sit back and do nothing. Well then you are at fault and a fool if you are sitting at home waiting for people who do not use it to change it for you. Get some back bone and complain to the State not just sit and do the woe is me dance in my opinion.
Still Hope
12:57 pm on Tuesday, February 12, 2013
Anyone here ever been to Twin River? Of course you have. Tell me there is not perpetual poverty going in and out of that place. How many people take their tax refund and dump it into a one-arm bandit, while connected to an oxygen tank and sucking down a cigarette.
The kicker? You guys voted to expand this dump. Hypocrites.
Ted Geisel
1:00 pm on Tuesday, February 12, 2013
That's past the tower isn't it? No chance...
Jack Baillargeron
1:17 pm on Tuesday, February 12, 2013
Nope never been there and have voted against gambling everytime and will continue to do that, until they allow the indians to have the same rights the State lets itself have.
Not to logical to assume all people are as you say either, or that you are the only one voted against it. newport voted Down expansion in their town by the way.
Jack Baillargeron
1:18 pm on Tuesday, February 12, 2013
Didn't know all people in poverty are on Oxygen and smoker either, who knew lol.
Nelson Aldrich
1:18 pm on Tuesday, February 12, 2013
I've never been to Twin River in my life but what i really want to know is can i get a payday loan if,in fact,i have no payday at all?
Jack Baillargeron
1:20 pm on Tuesday, February 12, 2013
In this State nelson, you probably can lol.
Raul Jamieson Miguel
1:30 pm on Tuesday, February 12, 2013
Nelson, you can not get a payday loan without pay stubs. It is a "payday" loan, it works that you have to be able to pay the loan back on the date you yourself receive your paycheck from work. You also must have an active bank account.
You can't just walk into a payday loan center as a homeless person and expect money on the spot.
Nelson Aldrich
1:37 pm on Tuesday, February 12, 2013
Damn,when does my ship come in?
Jack Baillargeron
1:50 pm on Tuesday, February 12, 2013
Ship will come in when this State figures out that tourism is a lost cause and only produces low wage jobs, depending on ship to visit by the way. is that not Ironic lol.
Jack Baillargeron
4:24 pm on Tuesday, February 12, 2013
Forgot to add Ted that I am retired and care for a 100% disabled person 24 hours a day, so yep lot of time to be on line.
PS. As I have been told many a time ( Jack you have no clue on how to be pithy lol)
Jack Baillargeron
4:46 pm on Tuesday, February 12, 2013
Ahhh contrare Teb, No State Constitution can have anything the does not conform to the US constitution though can it lol.
We are a "Representative Republic" with a guiding principle and law of the US Constitution, and nothing can violate that unless it is Unconstitutional correct?
So anything that is a Constitutional law is within the scope and purview of the US Constitution and therefore one and the same. If someone disagree's with the Constitution there is a little thing in the 1st Amendment that allows redress to change it.
So it matters not what law is passed or Constitution in any State as long as it conforms to the US Constitution it is the same as the law of the land. Though I will admit not all States are required to follow every States laws, because of States rights. We however are talking about every single State that has a mandate for Education, which also happens to be, well all 50 of them ;-}.
Jack Baillargeron
4:49 pm on Tuesday, February 12, 2013
On the other hand Ted I am taking a nap and will dwell on your response later if I have the time lol.
Jennifer
8:57 am on Wednesday, May 15, 2013
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Jennifer Williams from http://northenloans.ca/cash-advance-online.html