Robin Williams on the Daily Show
When he is on, there is nobody funnier than Robin Williams. Jon Stewart loses it and almost falls off his chair laughing at one point.
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Do conservatives understand the Constitution they say they love?
Good Morning C&L Readers. Thanks for stopping by.
Several states banded together and filed a lawsuit stating that healthcare reform was unconstitutional. They seem to be using a two-pronged argument: First, healthcare reform “infringes on state powers under the Constitution’s Bill of Rights.” Secondly, according to the Attorney General of Virginia, “Congress lacks the authority under its constitutional power to regulate interstate commerce and force people to buy insurance.” We’ve heard cries of, “where does it say in the Constitution that Congress has the power to force you to buy insurance?”
Well, let’s start from a position that I think we all can agree on — the Supreme Court is the final arbiter over what the Constitution says and doesn’t say. Whether we agree or disagree with the Supreme Court, they have the final say (Article 3, Section 2).
Let’s start off this legal journey to looking at Article I, Section 8 — “The Congress shall have the power… to regulate commerce with foreign Nations, and among the several States, and with Indian Tribes;” “Commerce” is defined in Merriam Webster’s Dictionary as “social intercourse: exchange of ideas, opinions or sentiment.” The secondary definition is the one that we are more familiar with — “…the exchange or buying and selling of commodities on a large scale involving transportation from place to place.”
We really weren’t a nation for long before this commerce clause was challenged. In 1816, Congress passed a law which opened the second Bank of the United States. Shortly after the bank opened, the state of Maryland passed a law which imposed taxes on that bank. James McCulloch was the cashier of the Baltimore branch. He refused to pay the tax. McCulloch versus Maryland was the resulting case. The Supreme Court, using the commerce clause, stated that Congress had the right and the power to incorporate a bank. Chief Justice John Marshall, who fought in the Revolutionary war, served in Virginia’s House of Delegates and was appointed to the court by President John Adams, argued that Congress possessed unenumerated powers not explicitly outlined in the Constitution. (Where was Antonin Scalia?) He went on to say, “Although, among the enumerated powers of Government, we do not find the word ‘bank’ or ‘incorporation,’ we find the great powers, to lay and collect taxes; to borrow money; to regulate commerce; to declare and conduct a war; and to raise and support armies and navies. The sword and the purse, all the external relations, and no inconsiderable portion of the industry of the nation are intrusted to its Government. It can never be pretended that these vast powers draw after them others of inferior importance merely because they are inferior. Such an idea can never be advanced. But it may with great reason be contended that a Government intrusted with such ample powers, on the due execution of which the happiness and prosperity of the Nation so vitally depends, must also be intrusted with ample means for their execution.” Therefore, in this early decision made almost 200 years ago, we see that Chief Justice John Marshall unequivocally rejects the notion that if the Constitution does not say X., Y. or Z. and Congress can’t do it. This in an of itself blows 99% of conservative arguments out of the water.
In 1824, steamboats were probably the fastest mode of transportation. Each state regulated its own waterway. A steamboat owner who operated in New Jersey and wanted to operate in New York challenged a New York law which gave exclusive rights to another company. Gibbons versus Ogden. Not only did the court find in favor of Congress that Chief Justice John Marshall also defined commerce. He stated, “The subject to be regulated is commerce, and our Constitution being, as was aptly said at the bar, one of enumeration, and not of definition, to ascertain the extent of the power, it becomes necessary to settle the meaning of the word. The counsel for the appellee would limit it to traffic, to buying and selling, or the interchange of commodities, and do not admit that it comprehends navigation. This would restrict a general term, applicable to many objects, to one of its significations. Commerce, undoubtedly, is traffic, but it is something more: it is intercourse. It describes the commercial intercourse between nations, and parts of nations, in all its branches, and is regulated by prescribing rules for carrying on that intercourse. The mind can scarcely conceive a system for regulating commerce between nations which shall exclude all laws concerning navigation, which shall be silent on the admission of the vessels of the one nation into the ports of the other, and be confined to prescribing rules for the conduct of individuals in the actual employment of buying and selling or of barter.”
To be fair, I should add that the courts tried to limit Congress’ power through the commerce clause in the late 1890s through the 1930s. In 1918 Congress tried to prohibit child labor. In the Hammer versus Dagenhart case, Justice William Day argued, in a 5 to 4 decision, that production was not commerce and therefore outside of the jurisdiction of Congress. So this limited Congress’s power through the commerce clause. Personally, I believe this is a nonsensical argument, since without commerce there’s no reason for production, and production as part of the process. It is part of commerce. The Supreme Court was splitting hairs here. Oliver Wendell Holmes’ dissent was brilliant. He states, “The act does not meddle with anything belonging to the States. They may regulate their internal affairs and their domestic commerce as they like. But when they seek to send their products across the state line, they are no longer within their rights. If there were no Constitution and no Congress, their power to cross the line would depend upon their neighbors. Under the Constitution, such commerce belongs not to the States, but to Congress to regulate.” This is a GREAT explanation of how the relationship between the States and the Federal Government should interact.
In the United States versus Darby Lumber Company, the Supreme Court overturned the Hammer decision. The Fair Labor Standards Act was passed as part of the New Deal. It regulated minimum wages and maximum weekly hours. It also dealt with child labor. This applied to all corporations that engage in interstate commerce. This unanimous decision came down in 1941. One of the most interesting things in the decision was that Supreme Court dealt with a common argument that conservatives have thrown out for years; states’ rights. The court ruled that, “the 10th amendment is not a limitation upon the authority of the National Government…”
In 1944, the Supreme Court ruled that Congress had the power to regulate insurance.
So, I think it’s pretty clear from the very beginnings of our republic that the Supreme Court’s interpretation of the commerce clause has been very expansive. For more on the commerce clause, I’ve written more here and here. Simon Lazarus of the American Constitutional Society for Law and Policy has written a nice 16-page brief on whether mandatory health insurance is constitutional.
Why don’t conservatives know this? I did a couple of hours of research and found information that is readily available on the Internet or in your local public library. My guess is many conservatives do know this information. Yet, they choose to ignore it while they stoke the anger and frustration of many Americans. The filing of a lawsuit and the multiple op-eds that have been generated seem to be part of a calculated political ploy. This is about politics. Maybe maybe that is what’s so sad about all of this.
No one will argue against the constitutionality of healthcare reform
There is a difference between a political stunt and a legitimate constitutional question. The media doesn’t seem to know the difference.
From Think Progress:
Yesterday, the University of Washington held a debate about the constitutionality of the recently passed health care reform bill. The Seattle Times reports that none of the panelists at the debate argued that the bill was unconstitutional because the organizers of the event couldn’t find any law professors who held that view:
The University of Washington billed it as a debate among distinguished law faculty over whether the new federal health-care law is constitutional.
But while the four panelists at a packed event Tuesday may have differed on some of the finer points, they all agreed on the big question: They said the new law passes constitutional muster and that various lawsuits arguing the opposite — including the one joined last week by state Attorney General Rob McKenna — have little merit or chance of success.Even John McKay, the former Republican U.S. attorney for Western Washington (who was forced out in 2006 under contentious circumstances) said that while he sympathized with some of the political issues in play, he thought the lawsuits lacked merit. In fact, he questioned the timing and thrust of the cases: “One way to say it is, that this has to be seen as a political exercise,” he said.
Moderator Hugh Spitzer noted the lack of a vigorous dissenting voice. “I will say that we tried very hard to get a professor who could come and who thinks this is flat-out unconstitutional,” he said. “But there are relatively few of them, and they are in great demand.”
Let’s get to work
Healthcare reform is passed. The sun still rises in the east and sets in the west. There was no tsunami to hit Washington and the East Coast. The Empire State building in New York, the Sears Tower in Chicago and the Transamerica building in San Francisco are all still standing. The predictions of the sudden downfall of the United States with healthcare reform seem to be nothing but poppycock. There are those on the right, though, who are still apoplectic, seizing with anger. Their country has been stolen. Glenn Beck, Sean Hannity, Rush Limbaugh and Bill O’Reilly have told them whom to blame — liberals.
I could go on and on about the hypocrisy that should be evident to all, but instead I want to talk about what comes next. Now that healthcare has passed, what is next on the agenda? As you may have guessed, I have a few suggestions.
Campaign Finance Reform — After the hanging chads in Florida and the blatantly fraudulent behavior in Ohio, it would seem that our archaic system of elections would have already been reformed, shiny and new. We need to change the way the ballots are cast. We should be 100% sure when we cast a ballot that our vote will be counted. We also have to figure out a way to take the millions and millions of dollars that business pours into elections out of the system.
Immigration Reform — As I see it, sooner or later we’re seriously going to have to fix our immigration problem. This has to have a multidimensional approach. We need to enforce the laws already on our books. We need to embrace the ideals that we’ve expounded for more than 100 years and admit that we are, in fact, the melting pot, an inclusive society. We need to come up with a set of rules that allows foreign nationals to come here and work for some period of time and then go back to their country. The system must work for us as well as curtail illegal immigration. Finally, we need to come up with some system to take care of the 12 million economic refugees who live in the United States today.
Financial System Reform – What are we waiting for? It is clear that a lack of regulation and oversight allowed companies to run wild with our money. With a combination of derivatives, selling short and the truly evil credit default swaps, financial institutions were able to go on a gambling spree that made Las Vegas envious. The financial industry seems to be driving up to Congress several times a week and dumping millions of dollars at the feet of our elected officials. Are these honest and hard-working officials going to listen to you and me or to the drivers of that truckload of money? Without significant regulation, expect Wall Street to melt down again.
Education Reform — The average family in the United States makes about $42,000 a year. You shouldn’t have to pay more than 10% of your salary in order to send your child to a good public university for four years. Yet the average tuition for a public four-year university is over $7000. The average tuition for a private four-year university has topped $26,000. Why? Tuition costs have gone up faster than almost anything besides healthcare costs and this rise does not seem to be tied to inflation or other economic indicators. All I know is that education is an extremely important factor in combating poverty. We need to make education affordable for all. While we’re at it, we need to reform elementary school, middle school and high school. Our kids have to learn more and exercise more. They need to graduate with a well-rounded education which includes music and the arts.
I hope the Democrats on Capitol Hill are not resting on their healthcare laurels. We have a lot of work to do in this country. I hope they are rolling up their sleeves and getting ready for the next task because everything on my list is a big problem. I didn’t even get into climate change legislation, which also needs to be done. Let’s get the work. We have to accelerate the pace of progress. Reactionaries are going to stand in our way. We’re going to have to be strong in our convictions as we move the country forward. Let’s get back to work, now.
Republicans, fiscal responsibility and a lap dance
Early reports yesterday suggested that Michael Steele, RNC chairman, was in hot water for a $2000 charge to a topless bondage-themed club. Further reporting has clarified that Michael Steele was not at the club but is in hot water for authorizing the charge. Personally, the $2000 at the strip club was the least appalling in my opinion. Republicans pride themselves on fiscal discipline and morality. In the midst of what is the worst economic crisis since the Great Depression, the RNC is spending money for private jets, limousines and other luxury items. I understand it is important to throw swanky parties in order to get high-end donors to open their wallets. This seems to be more of the hypocrisy that is the Republican Party. Now, don’t misunderstand me. I’m not saying that Democrats are better. I’m saying that Democrats don’t portray themselves as having morality and more fiscal responsibility than anyone else.
From First Read:
“During a February RNC trip to Los Angeles, a $1,946.25 tab was racked up at Voyeur, a West Hollywood nightclub that features topless dancers and has been a hangout for Lindsay Lohan and other celebs,” the New York Post writes. “A red-faced spokesman for the RNC said the group was reclaiming the cash from a donor who wrongly got reimbursed, and said the expenses were improper in the first place. He said RNC Chairman Michael Steele didn’t go to the nightclub… Voyeur features a net suspended from the ceiling where topless women perform, and a glass booth with even racier performances, according to reviews.”
The Washington Post: “The RNC spent more than $17,000 on private jet travel in February as well as nearly $13,000 for limousines and car services, and also ran up tabs at luxe hotels including the Beverly Hills Hotel ($9,000); the Beverly Wilshire Four Seasons ($6,600) and the W Hotel in Washington ($15,000). The GOP’s controversial midwinter meeting in Hawaii ended up costing the party $43,000 in expenses, not including airfare, the records show. Steele has come under steady fire for his financial stewardship of the organization. The RNC had more than $22 million on hand when Steele arrived last year, but is down to under $10 million now despite raising $96 million during that time, records show.”
The RNC “fired an unidentified staff member as a result of the disbursement and emphasized Monday that Steele had not visited the club and was not aware of the expenditure. The reimbursement went to Erik Brown, a Southern California GOP donor who has spent time with Steele in the past and whose marketing firm has earned more than $160,000 from the RNC and other Republican committees, according to campaign disclosure records.”
The New York Times profiles the club: “High-end strip clubs here — where patrons shell out hundreds in “bottle fees” to sip vodka and Champagne and watch women conduct all manner of business — are a far cry from their hole-in-the-wall-with-a-stripper-pole counterparts in small cities. The clubs are often used by high rollers, couples and celebrities as hang-out spots to see, be seen and, well, see a lot more. And in Los Angeles, strip clubs are often at the crossroads of acting, modeling and a job that pays the bills… ‘The dancers are beautiful, and the S-and-M show was fantastic,’ a reviewer from Washington wrote on Yelp.com. ‘Wish we had places like this back in D.C.!’”
The New York Daily News‘ lead: “Talk about grand ol’ partying.”
The Hill: “Monday’s news fit into a long-running storyline about heavy spending. The committee suffers from a high burn rate. It spent about $15 million more than it raised under Steele last year, and in February it continued to lose money. Steele has drawn heat for spending $18,500 to redecorate his personal office, and for increasing spending on chartered flights and limousines. It was also rereported Monday that Steele was looking into buying a private jet.”
Militia group (Hutaree) arrested – Update
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This is exactly what I have been talking about. This is the result of a poor economy and the constant hate speech.
From HateWatch (part of the Southern Poverty Law Center):
Nine members of the Hutaree Militia were indicted today in what federal authorities are describing as a plot to murder a law enforcement officer in Michigan and then attack other officials who gathered for the funeral. The five-count indictment followed a series of raids in Michigan, Ohio and Indiana over the weekend.
The Hutaree Militia first came to the attention of the Southern Poverty Law Center (SPLC) in 2009, when researchers found the group’s MySpace page. Two chapters of the militia, one in Michigan and one in Utah, were included on the SPLC’s list of militia groups released earlier this month. The Utah chapter held at least one training in 2009.
The Hutaree Militia had close links to several other American militias, according to the group’s MySpace profile. The profile, which carried the slogan “violence solves everything,” shows that the group has 366 “friends.” The militia’s page was linked to dozens of other militias, including the Ohio Militia, the Michigan Militia Corps, the Kentucky State Militia, the Central Texas Militia and others. The indictment alleges that in February “several of the conspirators attempted to travel to Kentucky to attend a summit of militia groups.”
The indictment charges the defendants with seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials and possessing a firearm during a crime of violence. (more…)
The ninth member of this group/gang has been located. He has turned himself in. High Five to the FBI.
From TPM:
Joshua Stone, the son of the leader of the Christian militia Hutaree who was the ninth person charged in an alleged plot to kill police, has surrendered and will appear in court today, the AP reports.
Stone was previously described as a fugitive.
Yesterday, the U.S. Attorney in Michigan announced that Hutaree leader David Brian Stone — father of Joshua — and his wife, another son, and four others were charged with seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials, and possessing a firearm during a crime of violence.
In another new development, Donna Stone, the ex-wife of David Stone, gave some insight to the AP on the origins of Hutaree, a group that, judging by its Web site, seemed preoccupied with preparing to battle the Antichrist.
“It started out as a Christian thing. You go to church. You pray. You take care of your family. I think David started to take it a little too far,” Donna Stone told the AP. (more…)
Obama in Afghanistan
Part of the transcript:
We can’t forget why we’re here. We did not choose this war. This was not an act of America wanting to expand its influence; of us wanting to meddle in somebody else’s business. We were attacked viciously on 9/11. Thousands of our fellow countrymen and women were killed. And this is the region where the perpetrators of that crime, al Qaeda, still base their leadership. Plots against our homeland, plots against our allies, plots against the Afghan and Pakistani people are taking place as we speak right here. And if this region slides backwards, if the Taliban retakes this country and al Qaeda can operate with impunity, then more American lives will be at stake. The Afghan people will lose their chance at progress and prosperity. And the world will be significantly less secure.
And as long as I’m your Commander-in-Chief, I am not going to let that happen. That’s why you are here. I’ve made a promise to all of you who serve. I will never send you into harm’s way unless it’s absolutely necessary. I anguish in thinking about the sacrifices that so many of you make. That’s why I promise I will never send you out unless it is necessary.
But that’s only part of the promise, because the other part of the promise is that when it is absolutely necessary, you will be backed up by a clear mission and the right strategy to finish the job, to get the job done. And I am confident all of you are going to get the job done right here in Afghanistan. I am confident of that. (Applause.)
That’s why I ordered more troops and civilians here into Afghanistan shortly after taking office. That’s why we took a hard look and forged a new strategy and committed more resources in December. That’s why we pushed our friends and allies and partners to pony up more resources themselves, more commitments of aid, and additional forces and trainers.
Our broad mission is clear: We are going to disrupt and dismantle, defeat and destroy al Qaeda and its extremist allies. That is our mission. And to accomplish that goal, our objectives here in Afghanistan are also clear: We’re going to deny al Qaeda safe haven. We’re going to reverse the Taliban’s momentum. We’re going to strengthen the capacity of Afghan security forces and the Afghan government so that they can begin taking responsibility and gain confidence of the Afghan people.
And our strategy includes a military effort that takes the fight to the Taliban while creating the conditions for greater security and a transition to the Afghans; but also a civilian effort that improves the daily lives of the Afghan people, and combats corruption; and a partnership with Pakistan and its people, because we can’t uproot extremists and advance security and opportunity unless we succeed on both sides of the border. Most of you understand that.
Grab Bag Sunday
I hope you had a nice weekend. Mine was pretty fair.
- I have been discussing the commerce clause with a friend of mine. He is a conservative and he doesn’t like health care reform. In spite of this, we’re trying to have a civil discussion over the constitutionality of healthcare reform, which I covered a couple weeks ago. One of the arguments for the constitutionality of health care reform is Congress’s authority under the commerce clause in the Constitution. The commerce clause can be found in article I, section 8. I found a nice explanation of the commerce clause here. I have also been reviewing Linda Monk’s book, The Words We Live By. It points to a couple of key cases that I’m going to be looking up in the next day or so (United States versus Darby Lumber Company, Heart of Atlanta Motel versus the United States).
- I congratulate President Obama for going to Afghanistan. I think it is truly important that we get Afghanistan right. One of the key questions is — is it too late? Only time will tell. One thing is certain. We have to get the corruption under control.
- Several days ago, I got my U.S. Census letter in the mail. As I was filling it out, I kept thinking to myself, what’s the big deal? Conservatives like Michele Bachmann have been railing against the census as if the questions were going to be the most invasive ever thought of (what is your bra size? How often do you watch pornography on the Internet?) She even went so far as to suggest that people should not fill out the census — violating US law. The questions were simple. The information is critically important to all of us.
- Lost in the healthcare debate is the reform of student loans that was also in the legislation. Government loans used to go through different financial agencies so that they can extract management fees. Now the government will lend directly to students. This should significantly decrease interest rates and other fees. This is a good thing.
- Sarah Palin has come up with a new attack line against President Barack Obama. I guess she thinks that this is a winner. She told a crowd at the “Conservative Woodstock” in Searchlight, Nevada that, “we need a commander-in-chief, not a constitutional law professor lecturing us from a lectern.” Now that’s a comeback… not!! She spent a good deal of her time talking about how important the Constitution is and then turned around to claim that we don’t need a constitutional law professor. Does that make any sense? Does she make any sense?
- Frank Rich from the New York Times had an absolutely fabulous column today. He put the over-the-top rhetoric and violence into perspective. We have to go back to the civil rights era and the ratification of the Civil Rights Act before we can say that we’ve seen anything like this in American politics. Here’s a small excerpt from his column. (Please read all the column. It is wonderful.):
But there was nothing like this. To find a prototype for the overheated reaction to the health care bill, you have to look a year before Medicare, to the Civil Rights Act of 1964. Both laws passed by similar majorities in Congress; the Civil Rights Act received even more votes in the Senate (73) than Medicare (70). But it was only the civil rights bill that made some Americans run off the rails. That’s because it was the one that signaled an inexorable and immutable change in the very identity of America, not just its governance.
The apocalyptic predictions then, like those about health care now, were all framed in constitutional pieties, of course. Barry Goldwater, running for president in ’64, drew on the counsel of two young legal allies, William Rehnquist and Robert Bork, to characterize the bill as a “threat to the very essence of our basic system” and a “usurpation” of states’ rights that “would force you to admit drunks, a known murderer or an insane person into your place of business.” Richard Russell, the segregationist Democratic senator from Georgia, said the bill “would destroy the free enterprise system.” David Lawrence, a widely syndicated conservative columnist, bemoaned the establishment of “a federal dictatorship.” Meanwhile, three civil rights workers were murdered in Philadelphia, Miss.
That a tsunami of anger is gathering today is illogical, given that what the right calls “Obamacare” is less provocative than either the Civil Rights Act of 1964 or Medicare, an epic entitlement that actually did precipitate a government takeover of a sizable chunk of American health care. But the explanation is plain: the health care bill is not the main source of this anger and never has been. It’s merely a handy excuse. The real source of the over-the-top rage of 2010 is the same kind of national existential reordering that roiled America in 1964.
In fact, the current surge of anger — and the accompanying rise in right-wing extremism — predates the entire health care debate. The first signs were the shrieks of “traitor” and “off with his head” at Palin rallies as Obama’s election became more likely in October 2008. Those passions have spiraled ever since — from Gov. Rick Perry’s kowtowing to secessionists at a Tea Party rally in Texas to the gratuitous brandishing of assault weaponsat Obama health care rallies last summer to “You lie!” piercing the president’s address to Congress last fall like an ominous shot.
- And then there was one… or four. Kansas, Kentucky, Syracuse and Duke were all ranked the number one seeds in their sections. Only Duke has made it to the final four. The other three teams include Michigan State, West Virginia and possibly the greatest Cinderella story of them all, Butler. March madness brings some absolutely fabulous basketball and some of the most horrendous basketball faux pas. By the way, I picked Duke to win it all.
I’ll end with a little smooth jazz from Jeff Lorber, who has playing this type of music for over 25 years.
Artist: Jeff Lorber
Tune: Rain Song
Grab bag – Saturday Night
- We’ve seen over and over again that disadvantaged inner-city youths can be turned around and pointed in the right direction. They need motivated parents and motivated teachers. This was the essence of the KIPP (Knowledge is Power Program). In Chicago, the Urban Prep Charter Academy has proven exactly the same thing. All 107 students in their graduating class are preparing to graduate high school and are going to college. Getting good grades is all about hard work and dedication from students, teachers and parents. Everyone was accepted to college! This is an outstanding achievement.
- We need more jobs.
- Where’s Dawn Johnsen? Barack Obama made several recess appointments but for some reason she was not included. Why not?
- I’m not sure what exactly is the matter with the Catholic Church. Several years ago, at the beginning of the Bush administration, there was an outbreak of news in which Catholic priests were molesting young children. This was thought to be an isolated “American” problem. Well, it appears the problem is by far more widespread than the Catholic Church had let on. I don’t understand why the Catholic Church did not get ahead of this problem five years ago. I don’t understand how you let the current Pope get embroiled in this awful behavior, moving accused priests from parish to parish and not removing them from the church and not protecting children. Molesting children is bad enough but at a school for the deaf? This is sick.
- The Tea Partiers are going to have a “conservative Woodstock” in the hometown of Senate majority leader Harry Reid. Searchlight, Nevada, which is as big as you think it is, is the destination for the party.
- Senator Kirsten Gillibrand, who replaced Hillary Clinton as New York’s junior senator, seems to be invincible or maybe untouchable. There’s been a string of Democrats and Republicans who said they were going to run against her, only to drop out before seriously entering the race.
- The craziness continues from the tea baggers. There’s been a string of violence and vile behavior by those who opposed health-care reform. Now it appears that Congressman Anthony Weiner received a package full of white powder at his office. This is wrong on so many levels, I don’t know where to start.
- Quinnipiac has just released a poll on exactly who these tea partiers are. They are exactly who we thought they were — ultraconservatives.
- The relatively small school at Butler made it into the Sweet 16, then the Elite Eight and now the Final Four. They have defeated Kansas State University. This team is playing really good basketball. Unfortunately, what used to be my Cinderella favorite North Iowa University (since they knocked off Kansas) has been knocked out of the tournament. Outstanding.
Watch the video:
Artist: Atlanta Rhythm Section
Tune: So into You
Grab Bag – Saturday morning
Over the next several days I’m going to try and talk about what’s next after healthcare reform.
Rachel Maddow had to take out a full page ad in the Boston Globe to combat rumors that she was running for Senate in Massachusetts. It seems that former model and newly minted Senator Scott Brown thought would be a great idea to say that somebody liberal and famous was gunning for his position. I guess he thought would be a great way to rake in campaign funds. Of course, the other thing he could do would be to shout at the president during a joint session of Congress. That seemed to work for Joe Wilson.
Since I didn’t post a music video last night, I thought that I would post one this morning.
Artist: Al Jarreau
Tune: Morrnin’
From PA:
- Election results in Iraq: “The former interim prime minister, Iyad Allawi, a secular Shiite once derided as an American puppet, galvanized the votes of Sunnis who sat out Iraq’s first national elections and clawed his way back from political obscurity. But his wafer-thin edge of 91 to 89 over his nearest rival, the incumbent prime minister, Nuri Kamal al-Maliki, falls far short of the majority of 163 of the 325 seats in parliament that he needs to form a government.” (Ed. I think that it is interesting that Sunnis are coming back to the table.)
- Uh oh: “A South Korean naval ship sank early Saturday after an explosion tore a hole in its bottom near a disputed sea border with North Korea. The cause of the explosion was not clear, and the Seoul government did not blame North Korea for the incident.”
- Campaign-finance ruling: “A federal appeals court on Friday handed another victory to conservative opponents of campaign-finance restrictions, striking down limits on individual contributions to independent groups who want to use the money for or against candidates in federal elections.”
- Welcome changes to the Home Affordable Modification Program and the Federal Housing Administration program: “The Obama administration announced new ways Friday to tackle the foreclosure crisis, in part by requiring lenders to temporarily slash or eliminate monthly mortgage payments for many borrowers who are unemployed.”
- Senate Republicans did what they do best: they blocked an extension of unemployment benefits.
- House Minority Whip Eric Cantor’s (R-Va.) spokesperson tries to explain why the GOP leader got the story of the magic bullet so very, very wrong this week. [Read more →]
Congress, we have more work for you to do
The great economist, Elizabeth Warren, was on the Bill Maher Show. She is kind and gentle, yet fiercely loyal to her principles. She’s been on the Daily Show a couple of times. Each time she makes a huge splash.
So, Elizabeth Warren, Harvard professor and Chair of the Congressional Oversight Panel, is talking with comedian Bill Maher. They’re talking about credit card companies and this new consumer protection plan. Watch the video below:
Suddenly, as if awakened from a trance, Bill Maher hits on the central problem in America today. Somehow, we’ve made it legal for companies to deliberately take advantage of Americans. This is the fundamental problem. It is no longer about companies making money. It’s no longer about how good your credit is. Instead, it’s about how well you can read the fine print. Is there a trap in this contract somewhere? Where are the hidden fees?
I don’t think that anybody believes that a company, big or small, should not be allowed to make a reasonable profit for selling a reasonable product. I know all Americans believe that making a profit in this way is, well, the American Way. I don’t think that anybody wants to stop this. Not Democrats, not Independents and certainly not Republicans. But the unnecessary gouging or, as Bill stated, the usury must stop. Congress must act to protect Americans. If you miss a couple credit card payments, your interest rate shouldn’t go from 5% to 30%. That’s ridiculous. That becomes indentured servitude.
I’m not sure that we’re not looking at indentured servitude in the United States today. If you’re in your late 20s and went to college and graduate school, you may owe $50,000, possibly $100,000. Unfortunately, you may owe significantly more than this. What job can you get in which you can pay this off in a reasonable amount of time, 5-10 years? If you buy a house and a car, that will just put you farther in the hole.
Congress, are you listening? We, the American people, need you to fix this, now! This is an American problem. We need education to be affordable. I don’t need tax credits to go to college. I don’t want some super-duper scholarship. I want college to be more affordable for everyone. I want contracts to be readable. I want credit card companies and other lending agencies, including mortgage banks, to be held in check by reasonable regulations. I want regulations that are designed to protect the American people from fraudulent, amoral and downright asinine practices. Can you do this for me? Can you do this for us, the American people?
Health Care Reform: The Morning After
I’m extremely pleased to have Barbara O’Brien, who has written on many progressive blogs (Crooks and Liars, Mahablog and AlterNet), offer to post on mine. I’m thrilled. Enjoy -
Many politicians and pundits warned us that the health care reform (HCR) legislation that just became law will destroy America. Government bureaucrats will take over health care decisions, we were told. The old and infirm would be hauled away by death panels. Everything about the way we receive our medical care will change, and change drastically, they said.
Medicare recipients have been frightened by stories that their benefits will be cut. Middle-age people are worried they will lose their jobs when the law’s dreaded regulations, or taxes, or maybe regulations with taxes, would destroy their employers’ businesses.
The truth is, very little will change for most people. If you were insured by employee benefits before HCR, you will be insured by exactly the same policy in exactly the same way after HCR. You will have access to the same doctors on the same terms. “Government bureaucrats” will no more be involved in your health care than they were before.
And the same is true of Medicare, which of course is a government program, although many of the people who opposed the HCR bill don’t seem to know that.
Here are the “cataclysmic” changes to health care that are now in effect, or which will go into effect within the next six months for people who are already in group insurance plans:
- The law says you can’t lose your insurance coverage because you get sick. Before, in many states, if you were stricken with a severe illness such as mesothelioma cancer that would be expensive to treat, your insurer could use just about any excuse to cancel your coverage. That is over.
- HCR has ended lifetime limits on coverage. As long as you are receiving medical care, your insurer pays the bills.
- Your children can be covered on your existing policy until they are 26 years old.
- In six months, insurers cannot refuse to insure people under the age of 19 because of “pre-existing conditions.” This provision will go into effect for everyone in 2014.
And if you are on Medicare, you will be asked to struggle with the following:
- You get a free annual checkup.
- The co-pays and deductibles on many preventive care services are eliminated.
- If you are in the Medicare D “doughnut hole,” you will get a $250 rebate check in a few weeks. The hole itself will be closed gradually and will be gone by 2020.
But what about all those terrible regulations and taxes that are about to drive businesses out of business? Um, there really isn’t much to report. Oh, wait, here’s one — a 10 percent tax on indoor tanning services that use ultraviolet lamps will go into effect July 1. That’s about it.
However, beginning this year a tax credit will be available for some small businesses to help provide insurance coverage for employees.
Soon the politicians and pundits will start trying to frighten you about the provisions that will go into effect after this year. I assure you they are about as scary as the provisions that go into effect this year, but I will discuss them in a follow-up post.
— Barbara O’Brien
Neocons and the Soviet block
I thought this article from author Janine Wedel was extremely interesting:
In communist Poland, the necessity of getting around the state-controlled system created a society whose lifeblood–just beneath the surface–was vital information, circulated only among friends and trusted colleagues, information that was not publicly available. Under-the-radar dealings that often played on the margins of legality – this was the norm, not the exception.
Then, in 1989, the system collapsed in eastern Europe, and in 1991, the Soviet Union came apart. The command structure of these centrally planned states that had owned virtually all the property, companies and wealth broke down and no authoritarian stand-in was put in its place. The result? Long-standing informal networks, positioning themselves at the state-private nexus, rose to fill leadership vacuums and, at times, reaped the spoils of previously state-owned wealth. Known variously as “clans” in Russia, “institutional nomadic networks” in Poland, and by still other names elsewhere, always their members were energetic and well-placed, sometimes also ethically challenged. And these are networks that can’t be reduced to a political party, business or lobbying organization, NGO, social club, yet they have some of the attributes of all of them.
Fast forward from transitional eastern Europe to this decade in the United States. I began to recognize a familiar (to me) architecture of power and influence. I started to follow the networks and overlapping connections in government, foundations, think tanks, and business of a tiny set of neoconservatives – just a dozen or so players I call the “Neocon core”.
Some core members have been working together from in and outside of government for some 30 years to refashion a more aggressive American foreign policy. They have capitalized on an ever-more hospitable environment shaped by such trends as the hollowing out of the state, the explosion of private entities that fill in for government, and the questioning of authority and professional expertise. (more…)
Obama in Iowa
President Barack Obama went to Iowa for a pep rally, selling the Healthcare Plan and reminding the base that there is more work to do. He gave a great speech that combines information on what the healthcare bill will deliver right now and the inspiration to keep fighting for progress.
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What has Obama done?
Republicans have decided that the president should do something. This is something that is new for them. Bush wasn’t held to this standard, but that’s okay. Here’s what Obama has done so far. (Oh, and he got Healthcare Reform Passed!!!)
Professor Watson (not Dr. Watson of Sherlock Holmes):
1. Ordered all federal agencies to undertake a study and make recommendations for ways to cut spending
2. Ordered a review of all federal operations to identify and cut wasteful spending and practices
3. Instituted enforcement for equal pay for women
4. Beginning the withdrawal of US troops from Iraq
5. Families of fallen soldiers have expenses covered to be on hand when the body arrives at Dover AFB
6. Ended media blackout on war casualties; reporting full information
7. Ended media blackout on covering the return of fallen soldiers to Dover AFB; the media is now permitted to do so pending adherence to respectful rules and approval of fallen soldier’s family
8. The White House and federal government are respecting the Freedom of Information Act
9. Instructed all federal agencies to promote openness and transparency as much as possible
10. Limits on lobbyist’s access to the White House
11. Limits on White House aides working for lobbyists after their tenure in the administration
12. Ended the previous stop-loss policy that kept soldiers in Iraq/Afghanistan longer than their enlistment date
13. Phasing out the expensive F-22 war plane and other outdated weapons systems, which weren’t even used or needed in Iraq/Afghanistan
14. Removed restrictions on embryonic stem-cell research
15. Federal support for stem-cell and new biomedical research
16. New federal funding for science and research labs
17. States are permitted to enact federal fuel efficiency standards above federal standards
18. Increased infrastructure spending (roads, bridges, power plants) after years of neglect
19. Funds for high-speed, broadband Internet access to K-12 schools
20. New funds for school construction
21 The prison at Guantanamo Bay is being phased out
22. US Auto industry rescue plan
23. Housing rescue plan
24. $789 billion economic stimulus plan
25. The public can meet with federal housing insurers to refinance (the new plan can be completed in one day) a mortgage if they are having trouble paying
26. US financial and banking rescue plan
27. The secret detention facilities in Eastern Europe and elsewhere are being closed
28. Ended the previous policy; the US now has a no torture policy and is in compliance with theGeneva Convention standards
29. Better body armor is now being provided to our troops
30. The missile defense program is being cut by $1.4 billion in 2010
31. Restarted the nuclear nonproliferation talks and building back up the nuclear inspection infrastructure/protocols
32. Reengaged in the treaties/agreements to protect the Antarctic
33. Reengaged in the agreements/talks on global warming and greenhouse gas emissions
34. Visited more countries and met with more world leaders than any president in his first six months in office
35. Successful release of US captain held bySomali pirates; authorized the SEALS to do their job
36. US Navy increasing patrols off Somali coast
37. Attractive tax write-offs for those who buy hybrid automobiles
38. Cash for clunkers program offers vouchers to trade in fuel inefficient, polluting old cars for new cars; stimulated auto sales
39. Announced plans to purchase fuel efficient American-made fleet for the federal government
40. Expanded the SCHIP program to cover health care for 4 million more children
41. Signed national service legislation; expandednational youth service program
42. Instituted a new policy on Cuba, allowing Cuban families to return home to visit loved ones
43. Ended the previous policy of not regulating and labeling carbon dioxide emissions
44. Expanding vaccination programs
45. Immediate and efficient response to the floods in North Dakota and other natural disasters
46. Closed offshore tax safe havens
47. Negotiated deal with Swiss banks to permit US government to gain access to records of tax evaders and criminals
48. Ended the previous policy of offering tax benefits to corporations who outsource American jobs; the new policy is to promote in-sourcing to bring jobs back
49.. Ended the previous practice of protectingcredit card companies; in place of it are new consumer protections from credit card industry’s predatory practices
50. Energy producing plants must begin preparing to produce 15% of their energy from renewable sources
51. Lower drug costs for seniors
52. Ended the previous practice of forbidding Medicare from negotiating with drug manufacturers for cheaper drugs; the federal government is now realizing hundreds of millions in savings
53. Increasing pay and benefits for military personnel
54. Improved housing for military personnel
55. Initiating a new policy to promote federal hiring of military spouses
56. Improved conditions at Walter Reed Military Hospital and other military hospitals
57 Increasing student loans
58. Increasing opportunities in AmeriCorpsprogram
59. Sent envoys to Middle East and other parts of the world that had been neglected for years; reengaging in multilateral and bilateral talks and diplomacy
60. Established a new cyber security office
61. Beginning the process of reforming and restructuring the military 20 years after the Cold War to a more modern fighting force; this includes new procurement policies, increasing size of military, new technology and cyber units and operations, etc.
62. Ended previous policy of awarding no-bid defense contracts
63. Ordered a review of hurricane and natural disaster preparedness
64. Established a National Performance Officer charged with saving the federal government money and making federal operations more efficient
65. Students struggling to make college loan payments can have their loans refinanced
66. Improving benefits for veterans
67. Many more press conferences and town halls and much more media access than previous administration
68. Instituted a new focus on mortgage fraud
69. The FDA is now regulating tobacco
70. Ended previous policy of cutting the FDA and circumventing FDA rules
71. Ended previous practice of having White House aides rewrite scientific and environmental rules, regulations, and reports
72. Authorized discussions with North Korea and private mission by Pres. Bill Clinton to secure the release of two Americans held in prisons
73. Authorized discussions with Myanmar and mission by Sen. Jim Web to secure the release of an American held captive
74. Making more loans available to small businesses
75. Established independent commission to make recommendations on slowing the costs of Medicare
76. Appointment of first Latina to the Supreme Court
77. Authorized construction/opening of additional health centers to care for veterans
78. Limited salaries of senior White House aides; cut to $100,000
79. Renewed loan guarantees for Israel
80. Changed the failing/status quo military command in Afghanistan
81. Deployed additional troops to Afghanistan
82. New Afghan War policy that limits aerial bombing and prioritizes aid, development of infrastructure, diplomacy, and good government practices by Afghans
83. Announced the long-term development of a national energy grid with renewable sources and cleaner, efficient energy production
84. Returned money authorized for refurbishment of White House offices and private living quarters
85. Paid for redecoration of White House living quarters out of his own pocket
86. Held first Seder in White House
87. Attempting to reform the nation’s healthcare system which is the most expensive in the world yet leaves almost 50 million without health insurance and millions more under insured
88. Has put the ball in play for comprehensive immigration reform
89. Has announced his intention to push for energy reform
90. Has announced his intention to push for education reform
Nice list.
Grab Bag – Thursday evening
I am not the first (and hopefully not the last) to express my own outrage over the recent violence toward many some members of Congress. The violence has been directed at their offices for the most part. I am deeply saddened by the fact that we cannot have a reasoned and thoughtful discussion in this country without its deteriorating into name-calling, finger-pointing and then violence. We have some significantly serious problems facing us today. The solutions to these problems will require us to change something — our habits, our consumption, our work environment, etc. We have been sitting on our ever-expanding rear ends and simply watching problems with our electrical grid, our crumbling infrastructure, our deteriorating educational system, our need for election reform while they get worse and worse. So, we can ignore the middle class, which should be the largest segment and the backbone of our society, as it continues to shrink. Millions of Americans slide into the lower-class category as wages stagnate and benefits are cut. We can ignore all the warning signs or we can confront our problems. We can sit down and have thoughtful, vigorous and reasonable discussions. We can come up with solutions and then try and implement them, understanding that we will not agree on everything. Yet, our disagreement should never deteriorate into violence. We will lose some discussions. We will win some discussions. That is the way our democracy works. That’s the way our democracy should work.
Watch the video:
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From Political Animal:
- Done deal? “President Obama and his Russian counterpart, President Dmitri A. Medvedev, have broken through a logjam in their arms control negotiations and expect to sign a new treaty in Prague next month that would slash American and Russian nuclear arsenals, officials from both nations said Wednesday.”
- U.S. housing market still struggling.
- Not helpful: “With strains still high between Israel and the United States over the issue of Jewish settlements, construction of a contentious Jewish housing project in a predominantly Arab neighborhood of East Jerusalem could start at any time, Israeli officials and experts said Wednesday.”
- Improved prospects for financial industry reform?
- As promised, President Obama signed that executive order today on abortion funding.
- Today’s must-read: “For all the political and economic uncertainties about health reform, at least one thing seems clear: The bill that President Obama signed on Tuesday is the federal government’s biggest attack on economic inequality since inequality began rising more than three decades ago.”
- Funny, I didn’t realize Republicans would be able to parse “full repeal.”
- What’s in the new health care law? The White House puts together a compelling list.
- Brian Beutler puts together a wild list of the 10 most ridiculous GOP-proposed health care amendments.
- Virginia Attorney General Ken Cuccinelli (R) should probably offer taxpayers a hint as to how much of their money he’ll waste challenging health care reform. (Ed. I talked about the constitutionality of healthcare reform a couple weeks ago.)
- The Wall Street Journal makes very odd editorial decisions.
- Winners in the fight over student loan reform.
- And Justice Ruth Bader Ginsburg wants everyone to know, “I am pleased to report that, contrary to Sen. Bunning’s prediction, I am alive and in good health.”
Will I am plus John Boehner
This video takes Will I am’s great video and splices in House minority leader John Boehner’s Hell No, You Can’t.
What’s in the Healthcare bill for you, now?
Questions
From Speaker Pelosi:
Under the legislative package the House passed on Sunday (the Senate-passed health bill as amended by the reconciliation bill) many key provisions take effect this year – here are some of them:
IF YOU ARE A SMALL BUSINESSES OWNER:
SMALL BUSINESS TAX CREDITS—Offers tax credits to small businesses to make employee coverage more affordable. Tax credits of up to 35 percent of premiums will be immediately available. Effective beginning for calendar year 2010. (Beginning in 2014, small business tax credits will cover 50 percent of premiums.)
IF YOU ARE A SENIOR:
BEGINS TO CLOSE THE MEDICARE PART D DONUT HOLE—Provides a $250 rebate to Medicare beneficiaries who hit the donut hole in 2010. Effective for calendar year 2010. (Beginning in 2011, institutes a 50% discount on brand-name drugs in the donut hole; also completely closes the donut hole by 2020.)
FREE PREVENTIVE CARE UNDER MEDICARE—Eliminates co-payments for preventive services and exempts preventive services from deductibles under the Medicare program. Effective beginning January 1, 2011.
HELP FOR EARLY RETIREES—Creates a temporary re-insurance program (until the Exchanges are available) to help offset the costs of expensive health claims for employers that provide health benefits for retirees age 55-64. Effective 90 days after enactment.
IF YOU HAVE PRIVATE HEALTH INSURANCE:
NO DISCRIMINATION AGAINST CHILDREN WITH PRE-EXISTING CONDITIONS—Prohibits health plans from denying coverage to children with pre-existing conditions. Effective 6 months after enactment. (Beginning in 2014, this prohibition would apply to adults as well.)
NO RESCISSIONS—Bans health plans from dropping people from coverage when they get sick. Effective 6 months after enactment.
NO LIFETIME LIMITS ON COVERAGE—Prohibits health plans from placing lifetime caps on coverage. Effective 6 months after enactment.
NO RESTRICTIVE ANNUAL LIMITS ON COVERAGE—Tightly restricts new plans’ use of annual limits to ensure access to needed care. These tight restrictions will be defined by HHS. Effective 6 months after enactment. (Beginning in 2014, the use of any annual limits would be prohibited for all plans.)
FREE PREVENTIVE CARE UNDER NEW PLANS—Requires new private plans to cover preventive services with no co-payments and with preventive services being exempt from deductibles. Effective 6 months after enactment.
NEW, INDEPENDENT APPEALS PROCESS FOR NEW PLANS—Ensures consumers in new plans have access to an effective internal and external appeals process to appeal decisions. Effective 6 months after enactment.
MORE FOR YOUR PREMIUM DOLLAR—Requires plans to put more of your premiums into your care, and less into profits, CEO pay, etc. This medical loss ratio requires plans in the individual and small group market to spend 80 percent of premiums on medical services, and plans in the large group market to spend 85 percent. Insurers that don’t meet these thresholds must provide rebates to policyholders. Effective on January 1, 2011.
NO DISCRIMINATION BASED ON SALARY—Prohibits new group health plans from establishing any eligibility rules for health care coverage that have the effect of discriminating in favor of higher wage employees. Effective 6 months after enactment.
IF YOU DON’T HAVE HEALTH INSURANCE:
IMMEDIATE HELP FOR THE UNINSURED WITH PRE-EXISTING CONDITIONS(INTERIM HIGH-RISK POOL)—Provides immediate access to insurance for Americans who are uninsured because of a pre-existing condition – through a temporary high-risk pool – until the Exchanges up and running in 2014. Effective 90 days after enactment. (Beginning in 2014, health plans are banned from discriminating against all people with pre-existing conditions, so high-risk pools would phase out).
EXTENDING COVERAGE FOR YOUNG PEOPLE UP TO 26TH BIRTHDAY THROUGH PARENTS’ INSURANCE – Requires health plans to allow young people up to their 26th birthday to remain on their parents’ insurance policy, at the parents’ choice. Effective 6 months after enactment.
GENERAL REFORMS:
COMMUNITY HEALTH CENTERS—Increases funding for Community Health Centers to allow for nearly doubling the number of patients served over the next 5 years. Effective beginning in fiscal year 2010.
MORE PRIMARY CARE DOCTORS—Provides new investment in training programs to increase the number of primary care doctors, nurses, and public health professionals. Effective beginning in fiscal year 2010.
HEALTH INSURANCE CONSUMER ASSISTANCE—Provides aid to states to establish offices of health insurance consumer assistance to help consumers file complaints and appeals. Effective beginning in FY 2010.
A NEW, VOLUNTARY, PUBLIC LONG-TERM CARE INSURANCE PROGRAM—Creates a long-term care insurance program to be financed by voluntary payroll deductions to provide benefits to adults who become functionally disabled. Effective on January 1, 2011.
And in 2014, once the exchanges have formed, more insurance reforms go into effect, including:
NO DISCRIMINATION AGAINST ADULTS WITH PRE-EXISTING CONDITIONS
BAN ON HIGHER PREMIUMS FOR WOMEN
PREMIUMS BASED ON AGE CAN ONLY VARY BY A MAXIMUM OF 3-TO-1 RATIO
CAP ON OUT-OF-POCKET EXPENSES for private health plans
Teabagging hits the road
Maybe Conservatives need a road trip?
Tiger Woods grants an interview
Tiger Woods talks to ESPN. A public relations manager would tell Tiger Woods that he needs to be sincere, he needs to talk about privacy between him and his wife and finally, stressing that he’s been to rehab and is a changed man. Now, listen to the interview.
From Jason Whitlock:
During the NCAA tournament’s opening weekend and on the day our lawmakers’ televised wrestling over health care reform captivated us, Tiger sauntered out from his lair and granted separate five-minute, no-questions-barred interviews to ESPN and the Golf Channel.
That’s smooth. His timing was immaculate. Because of the House’s passage of HCR, it would be tough for any reputable newspaper to play Tiger’s interviews on the front page. Sports pages, web sites and blogs will have difficulty playing Tiger’s interviews as their lead story over the NCAA tournament. The cable news networks, the referees of the Democrats’ and Republicans’ Health Care Smackdown, barely had room to mention Woods.
It was difficult for me to manage the energy to be all that interested in what Tiger had to say. I was worn out by the tournament and fascinated by the political maneuverings. There was no room for Tiger in my brain.
He knew it. He dictated the length of the interviews and when they’d run. He gave Tom Rinaldi and Kelly Tilghman approximately five minutes and demanded the networks not air the interview until 7:30 p.m. (more..)
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Errington C. Thompson, MD, is a surgeon, scholar, full-time sports fan and part-time political activist. He is active in a number of community projects and initiatives. Through medicine, he strives to improve the physical health of all he treats...
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