Tag: Constitution

Nick’s Essay on America’s Decline, with Big Solutions (long)

Posted by – May 15, 2010

I’ve been away for quite some time, I know, but I haven’t stopped thinking about public policy and the way things are going.

They aren’t going well. I followed the health care reform debate with a magnifying glass throughout, and came away deeply disgusted in both the final product and the process that made that sausage.

We desperately needed SERIOUS reform to the United States’ health care non-”system”; we’re in the richest country on Earth, but among OECD nations, our health care is at the back of the pack. No country with our level of wealth has our level of dysfunction in basic health care.

Instead of “the change we need,” what we got when Congress was done kowtowing to big insurance donors and passed the damn thing, was incremental change to half the health care industry (the private insurance market) while leaving the half the government actually runs, Medicaid and Medicare, nearly untouched. The goal of the Obama reforms is to give more Americans access to the health insurance market, more people buying insurance, with subsidies to help the poor afford private insurance. The health insurance industry stands to rake in BILLIONS! I was devastated with disappointment.

Meanwhile, the frenzy on the right wing about this bill (which was nearly a straight copy and paste of the 1993 Republican health care bill (full text of that bill, see for yourself) taking us to “socialism” are patently absurd! I’m like “really? The first thing communists do when they take over a country is enact tepid, insurer-friendly reforms that set up a free market exchange so more people can buy insurance plans? Seriously?” A volcano of right-wing rage exploded, including dozens of death threats and some vandalism across the country. How can anyone take the Tea Partiers and Glenn Beck seriously that health care reform is anything but weak-kneed incrementalism?

The Tea Party is more disconnected from reality than any political movement I’ve ever seen, and yet, they seem to be the only major grassroots force out there and their impact is unavoidable. They’re protesting more private insurance as socialism, railing against the lowest income taxes since the 1920s as communist tyranny (simultaneously, the largely graying group opposes changes in entitlements–”get the government out of my Medicare”) and now that they’re doing the one thing that Republican politicians really care about, picking off incumbents, you’re going to see the GOP tilt even more toward the radical fringe (a terrifying prospect).

Real sign, real Tea Partiers. Medicare is a government-run program.

Since the Tea Party guys’ claims have little relationship to reality, and none of them took to the streets when George W. Bush took us from record surpluses to record deficits, centralized power and forever gutted the Bill of Rights in the name of the War on Terra, the Tea Party has to be about something else. You never see the huge, angry backlash and anti-government “patriots” in funny hats and militia terrorists like McVeigh come out of the woodwork when THEIR party is in power! I’m guessing the root of the dispute here is the right-wing’s belief that government shouldn’t have the right to interfere in the market AT ALL, and add in some good ol’ American racial panic when the multicultural Democratic party took over from the virtually whites-only Republicans. Expect another McVeigh-style attack before Obama leaves office (there have already been several shooting rampages, including one targeting religious liberals at a Unitarian church, one targeting policemen for “gonna take our guns,” and one by a long-time rightist fringer targeting Jews at the National Holocaust Museum in DC).

All that furor against the health care reform bill, while, of course, from the disability rights perspective, Obama’s reforms don’t go nearly far enough, because they only make meaningful changes in private insurance, not Medicaid and Medicare, which most of us with disabilities rely on for our care.

Medicaid and Medicare are BADLY broken and rapidly going bankrupt, but aside from expanding eligibility so that more people will be crowding already scant Medicaid resources, nearly NO changes are being made there. The home care reforms I’ve devoted a decade to are not in the bill; America’s long-term care programs remain frozen in 1965, with government continually making expensive, antiquated segregation in nursing homes THE ONLY OPTION for the disabled, including children and young adults. The horribly dysfunctional patchwork of Medicaid waivers that I rail against? Despite years of demands for change from many quarters, including the National Governors Association, those injustices will remain firmly intact, untouched by “comprehensive health care reform.” People like me will continue struggling to wring bad care from what’s left of Medicare and Medicaid; our lot will not improve at all after “Health Care Reform” takes effect. I am fighting this battle every day, and the problems with hospitals closing due to inadequate payments from Medicaid, not being able to find doctors who still take Medicaid patients, and more, just continue to escalate for me.
Meanwhile, the insular Washington leadership is curiously detached and unaware of what’s happening to their own Medicaid and Medicare programs right under their noses. President Obama made me sick when, during the health care reform “summit,” Congressman Peter Roskam (R – Illinois’ 6th district) asked him, “how can we expand Medicaid when in some counties, NO doctors that take Medicaid are left standing?” and the gist of Obama’s response was “my word, what is this that you speak of my good fellow? if this is so, we can look at raising reimbursement rates!” Everyone knows that they’ll never hike Medicaid funding, and that’s why so many in Congress sought special provisions in the bill (e.g. “The Cornhusker Kickback”) for the feds to cover their states’ new unfunded mandates to expand eligibility to millions of additional people. These expansions are not going to go well, particularly in poorer states, especially since the “kickbacks” to soften the fiscal blow were all removed from the bill with reconciliation.

The failure to even attempt changing the glaring problems with Medicaid and Medicare has left me more jaded and frustrated than ever, to the point [b]I can no longer call myself a Democrat[/b]. Especially since I know that Congress exhausted itself scraping through this tinkering with private insurance, and most likely won’t have the political will or sense of urgency to revisit health care issues for another 10, 20 years. I hate being stuck with our dysfunctional Medicaid system but that’s what people with disabilities are, stuck.

While some pundits hailed the passage of health care as a colossal foreign policy victory, proving America can tackle huge issues, marking our “comeback” as problem-solver on the world stage, I see the opposite. I see a government that lacks the dynamic, bold decision-making capability that these ultra-competitive times demand, a Congress that always cops out or kicks the can down the road in the face of huge problems. I see an America so paralyzed by corruption and red tape that we’ll never catch up with competitors (people in India have already stuck a fork in the U.S., considering the Chinese their only real rival for economic dominance at this point).
Referring to China, I’ve often heard President Obama use the rallying cry, “why can’t we be the world leader in technology again?! Why can’t we have the fastest trains in the world?” Well Mr. President, I would answer him, we will never build trains and train tracks faster than China, because we have so much “environmental impact study” and “archeological impact study” red tape, followed by years of hearing lawsuits from anyone who doesn’t like the project, that it takes an average of 10 years to get any major transportation project off the ground, much less completed. China, meanwhile, simply makes a decision on future train projects, then enforces it by any means necessary. How can we compete with that given our bureaucracy?

While those panicked about executive power right now can take a sigh of relief, because presently it seems Obama can’t even take a $#!T without 60 votes from the Senate, I worry that, before long, fierce foreign competition, falling standards of living, plus a completely paralyzed Congress will lead the American people to demand a dictatorship. Another sudden economic crash, or, G-d forbid, successful terrorist attacks (by Islamist nutbags or another McVeigh) and I fear that the Republic will gasp its last gasp.

The only real solutions are solutions as big as the problems, pushed through by reform groups that aren’t just as dysfunctional as the institutions they’re fighting.

Big Solution #1: Ban campaign contributions (bribing) to public officials, as this has limited access to the halls of power ONLY to moneyed interests, as well as fostering a culture where those who spend more time working for the people than working on fundraising are immediately replaced by candidates with backing from deep-pockets, leaving only self-interested scoundrels remaining. Free speech must be immutable, overturn all McCain-Feingold restrictions on when and where and how candidates can advertise and get their message out, independent expenditures by corporations, unions, advocacy groups and private citizens are unfettered, you can say whatever you want, whenever you want with your free speech, because that’s what the 1st Amendment guarantees–you’re just not allowed to bribe public officials with campaign contributions and rig the system. Campaigns will be publicly financed like in Canada, the UK, and most of Europe. Speech is speech. MONEY IS NOT SPEECH!

Big Solution #2: Breaking the Duopoly is crucial, but WILL NOT happen without a change in the Constitution to allow Proportional Representation via STV (“Instant Runoff Voting,” AKA Single Transferable Vote, as is done in Australia, New Zealand, Republic of Ireland) to bring more parties into Congress. Allowing more parties will enable more principled views to be expressed (because, for example, if you want less intrusive government and less taxation, you won’t have to vote Republican for the tax cuts and get warrantless surveillance, anti-gay crap and anti-immigration laws too as part of the package, instead, you can vote for a party that closely matches your views). More parties also mean regional parties representing genuine regional people’s interests get into the mix. And parties would have to work together to coalesce into viable majority coalitions, and would have to curb the extremist nonsense to keep their coalitions together. Overall, Proportional Representation allows for a much, much healthier democracy, whereas currently we have the opposite of healthy democracy, the Duopoly nearly always wins 100% control of the House and Senate with the support of as little as 20-25% of eligible voters, at the cost of all other parties and their viewpoints.

Big Solution #3: This is my most radical view, but failing Solution #2, maybe we could be far more functional as a people and be much better represented, plus have no more imperialist ventures sapping our wealth, if we were to make a new version of the old Articles of Confederation for the new Information Age that separates the country into 6 or so federated regional powers (see: superstates) to avert any FURTHER deadlock, dysfunction, or civil war (each new state under parts of the current Constitution they elect to have, but empowered to each craft very different rules, based on their shared culture, for how society should work). I’m talking about ending the United States as we know it, replacing it with a federation of nearly autonomous federated republics named “the United Federation of America” (UFA! UFA! UFA!) Each federated republic would choose their own military spending and so on. Think of The Federation (United Federation of Planets) in Star Trek! That’s the type of idea I’m batting around here.

Click to enlarge the map!! In this vision of the future, South Carolina even secedes from the Southern Republic, because, hey, they've wanted to secede since birth.

I’m going even farther than “states’ rights.” I’m altering how the country operates–root and stem overhaul–by almost completely eliminating federal centralization as we know it. Why go this far? Because the paralysis of government has become so bad over the past 30 years that we have to consider crazy, radical ideas we would have shunned in disgust before.
Southern culture should never block Northeasterners’ ambitions for reform in New York where I live now, and visa versa. I moved to NY in large part to escape Alabama’s far-right public policy that was blocking my advancement, but while it’s better here, those policies (tax cuts causing huge deficits, social service cuts, the corporatist approach that keeps the institutional bias in Medicaid alive) FOLLOWED ME to New York because they’re federal policies too. And I believe the policies that affect me would be very different if only a Northeastern bloc could decide their own policies, vs. a national consensus accommodating Southern, Western, everyone’s views being forced on the Northeastern states. National compromises should no more be forced on the Northeastern states than on the Southern states (with some exceptions: states can’t disregard the certain parts of the current Constitution, like reinstating slavery or segregation).

This won’t happen any time soon (there is no public support for it) but maybe we’d all be better off if it did…

I just know that the only real solutions here are solutions as big as the problems. Without trying at least one of these big solutions, get ready to shout “HAIL CAESAR” and go full Banana Republic, while China becomes undisputed world hegemon.

Nick

Is Constitutional Government Dead?

Posted by – October 15, 2006

Is Constitutional Government Dead?

A Look Back At That Quiant Document

While I’ve recently been ranting against “mainstream American culture” as being evil, because it’s become dominated by Fox News and Britney Spears, I do love this country. I love America because it’s based not on shared origins or royal blood, but on wonderful ideas, like all men are created equal, inalienable rights and justice for all. Coequal branches of government wherein the legislature creates the laws, the executive executes the laws and the judiciary reviews and safeguards our rights in those laws, with each branch checking the others to prevent tyranny is truly great. While Americans are incredibly ethnically diverse, we buy into common high-minded ideals, and that makes the American enterprise succeed. But now I face the unyielding truth that these ideals have been left behind. The Constitution no longer applies, and our founders are no longer mainstream.

Let’s take a cursory scan of the law we used to believe in:

The United States Constitution

Article I
Section 8 gives Congress the authority:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

Now our president signs laws with “signing statements” saying he will not follow huge parts of the law, thus rendering the legislative branch’s powers moot. The most recent case of this is with the FEMA bill. Bush cites authority to bypass FEMA law – The Boston Globe

Article I
Section 9:

…The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Obviously this is shredded. When Senator Specter proposed an amendment to the detainee bill to allow detainees (who may, according to the new law, be American citizens) habeas corpus, it was shot down. Despite the fact that the right to challenge your detention before a judge is a fundamental principle enshrined in our constitution, this evidently no longer applies, and has now been legislated against.
The current regime denied American citizen Jose Padilla habeas corpus, held him without charge and tortured him for over three years.

No Bill of Attainder or ex post facto Law shall be passed.

This is out; the detainee bill retroactively immunizes torturers from prosecution.

Article VI

…all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

This is gone. We made the Geneva Conventions the law of the land when we ratified that treaty in 1949, but the detainee bill effectively ends this.

Amendment I

Congress shall make no law…abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble.

Americans are now being arrested for simply wearing anti-Bush T-shirts (full story) at presidential speeches, or are fenced in “free speech zones” blocks away from the event. I thought our constitution made the whole f***ing country a “free speech zone.” Silly me.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Warrantless wiretapping of citizens is now routine.

Amendment V

No person shall be … deprived of life, liberty, or property, without due process of law….

Jose Padilla was held without charge for three and a half years.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

After four years in military prison, Jose Padilla and none of the Gitmo detainees have stood trial.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

The authorities tortured American citizen Jose Padilla for three and a half years (full story). I’m not saying he should get hotel treatment or that he’s not guilty, but we are a nation of laws, dammit. If we don’t act within our law, what have we become? Torture is now legal, even on Americans.

These examples are just the tip of the iceberg; I could go on forever. May we never forget.

What happens when the values our nation was founded on are alien to “the mainstream?” What happens when the ideals that form the premise of the American enterprise are rendered moot, are lies? What’s it mean when we’re in a climate wherein an Aramaic-speaking, olive-skinned Jesus of Nazareth would never be allowed on an airplane, and the libertarian insurrectionist Thomas Jefferson would get waterboarded? If we abandoned the ideals that made us so great, does that make us just a piece of land below Canada and above Mexico? Have we become just another Great Empire that exists not in pursuit of higher ideals, but only for dominance?

Is constitutional government dead?

Nick

Filed under: Politics and Government

Compromise On Torture?

Posted by – September 27, 2006

Government Sanctioned Immorality Reaching Scary Proportions

Okay, we have a President of The United States of America, leader of the free world, who is pulling out all the stops to get a bill allowing more leeway on torture through Congress. This should be incredibly shocking to all of you. This post is Nick ranting about how evil torture is.

Let me lay down the facts, something you don’t get straight from our soundbite news media:

  • June 30, the Supreme Court of the United States put the smackdown on the president’s secret detainee tribunals (WikiNews article). The Supreme Court ruled them illegal, because *news flash* we have a Constitution wherein the legislature creates the laws, the executive executes the laws and the judiciary reviews and safeguards our rights in those laws, and the president, contrary to his claim to unlimited authority to prosecute the “war on terror,” cannot invent a new law out of thin air to secretly try detainees with no oversight whatsoever. Only Congress is responsible for making new laws.


This should be elementary school-level knowledge. It’s what our founders died for in the Revolutionary War.


In war-time the seperation of powers are not suspended, and the president can never assume all powers, overriding all other branches of government, despite what the Bush Justice Dept. people say. Congress decides what our laws are going to be, and they adopted the Geneva Conventions in 1949. So, on June 30, the Supreme Court ruled in the Hamdan v. Rumsfeld case that the president’s secret detainee tribunals are unconstitutional, and told him to either try terrorists under existing law, or get Congress to write a new law for it (Washington Post article).
  • Imagine for a moment the (not-so-far-fetched) scenario that Iran captures a US soldier, and tries him in a secret tribunal, without allowing anyone to see any evidence, all in violation of the Geneva Conventions. Rightfully, there would be a massive international outcry. But when we do it, it’s okay? And now the president wants his perverse double standards codified into American law, and Congress is behind him. What??!!
  • Congress makes the laws, and ratified the Geneva Conventions as the law of the land in 1949, and that law forbids secret trials of enemies and torture. The president can’t abolish existing law, and the Supreme Court spanked him about that. So he’s gone to Congress to make the torture and tribunals legal. On Sept. 15, President Bush stood in the Rose Garden and told reporters:
This debate is occurring because of the Supreme Court’s ruling that said that we must conduct ourselves under the Common Article 3 of the Geneva Convention. And that Common Article 3 says that, you know, there will be no outrages upon human dignity. It’s like — it’s very vague. What does that mean, “outrages upon human dignity”? That’s a statement that is wide open to interpretation. And what I’m proposing is that there be clarity in the law so that our professionals will have no doubt that that which they’re doing is legal.

I’m not making this up. Here’s the full transcript. Bush seriously said he doesn’t know what outrages upon human dignity are. Step back for a minute, close your eyes, and ponder what it means when the leader of the free world thinks the Geneva Conventions are vague and does not know what “outrages upon human dignity” mean! That explains so much about the last six years of our government, no?

There’s a century or so of case law defining what outrages on human dignity mean Mr. President, and you would look it up if it served your cause. It doesn’t of course, and even a cursory glance at our laws would yank away any fig leaf of legality propping up our dubious “alternative interrogation techniques.”

Stephen Colbert, who does wicked satire along the lines of Jonathan Swift’s “A Modest Proposal,” takes on the topic here, suggesting the Geneva Conventions are as vague as a Lewis Caroll verse and if Bush would show us how he defines torture, we’d see his position with perfect “clarity.”

  • Senators John McCain, John Warner and Lindsey Graham went to the press and said they would insist on legislation that would leave the Geneva Conventions intact.

  • Then they caved, announcing a compromise on torture. You read that right, the United States is compromising on torture. Under the new bill, detainees could see evidence brought against them in court (though the House version omits this). But other than murder, mutilation and rape, which would be classified as “severe breaches” of the Geneva Conventions under the bill, any other form of torture, including beatings, stress positions and so on, would be allowed. Step back and consider the moral ramifications of that. American law would allow the executive branch the leeway to interpret Geneva to engage in just about any nefarious act of torture you can imagine. Extreme isolation, sleep deprivation, blaring noise, beatings, just about anything would be considered below the threshold of “outrage upon human dignity,” anything could be done to get them to talk. And the bill would retroactively immunize U.S. officials from prosecution under the War Crimes Act of 1996. See the USA Today editorials: Deal on detainees falls short and Detainee compromise a lose-lose for more details. Senator Specter says he’ll press to allow detainees habeas corpus (the fundamental right to challenge your imprisonment in front of a judge) but it’s a sure bet that the bulk of this horrible bill will pass.
  • Torture doesn’t work. As we can see from the story reported by 60 Minutes about a completely innocent Canadian citizen who was sent to (our enemy) Syria by the CIA to be tortured, the victims will say anything to get you to stop torturing them. Torture ‘never guarantees’ truth, former FBI agent says. During the Great Witch Hunts of Europe (1567–1640), torture forced countless women to confess to “congress with the devil.” If our government doesn’t take a strong stand regarding torture, history will not treat this era much better.
  • Finally, torture is immoral. On MSNBC’s “Countdown,” constitutional law professor Jonathan Turley nailed it: “It is a violation of both domestic and international law. But more importantly, torture is immoral under every major religion, that you cannot fight a moral war with immoral means. And if we‘re ready to embrace immoral means, if that‘s how we‘re going to fight this war, then we have lost. And no one will come to our aid. We will be alone. And that‘s what happens when you become, in the view of many, an enemy to the rule of law. And we cannot afford that to happen.” (transcript)
Torture is immoral under every religion!
Yet, the Religious Right is backing torture like no one else! Molly Ivins reports that “the Rev. Louis Sheldon of the Traditional Values Coalition is so in favor of torture he told McCain that the senator either supports the torture bill or he can forget about the evangelical Christian vote. I’d like to see an evangelical vote on that one. I don’t know how Sheldon defines traditional values, but deliberately inflicting terrible physical pain or stress on someone who is completely helpless strikes me as … well, torture. And, um, wrong.” Wow, traditional values = torture? The followers of Christ are all about the torture? What Bible are they reading? Are they figuring since Jesus got tortured on the cross, it’s okay, it’s trendy, what is the justification here? How does torture jive with “love your neighbor as yourself?” This just illustrates so boldly how very disconnected American Christiandom is with the true message of the “Prince of Peace.” Who Would Jesus Torture?

Many say we have to do whatever it takes, without restraint, to protect our families from a savage enemy who uses acts of unprecedented brutality. They say we cannot “show weakness” in this “new era.” They are wrong. Nothing shows weakness more than shedding our values in the face of terrorism, something the generation of Pearl Harbor, who, despite fighting a far more dangerous foe, could not fathom. This is the bottom line: giving up our high ideals to protect our high ideals from terrorism, ideals we no longer have if we surrender them in our battle, is plainly nonsensical and should end. There is no justification for losing American values to protect American values.

Nick

Filed Under: Politics and Government

Related Posts with Thumbnails