Archive for November, 2009
Learning the Wrong Lessons from the Failure of Clintoncare
Monday, November 16th, 2009Dede Scozzafava is No GOP Moderate
Monday, November 16th, 2009Palin Tells Her Side of the Story
Monday, November 16th, 2009Can Congress Mandate that Americans Buy Health Insurance?
Monday, November 16th, 2009When the U.S. House of Representatives passed their healthcare bill last weekend, it included a strong individual mandate that would require that all Americans buy health insurance. And according to Politco.com, the penalty for not complying with the mandate could be a fine as high as $3,800 a year per family.
Proponents of the mandate have offered fairly run of the mill arguments: it will drive down costs, it will prevent Americans from having to shoulder the bill of someone else without insurance (where was this argument when welfare was created?), etc. etc.
Disregarding the fact that this individual mandate is a tax increase, which completely contradicts President Obama’s campaign pledge not to raise taxes, some questions are being raised about its constitutionality. In a recent conference call with reporters, Sen. Chuck Grassley (R-Iowa) said, “Whether it’s constitutional or not ought to have the most debate.”
Grassley is right to raise this concern, even if others don’t think so. The Washington Post’s Ezra Klein responded by saying “Before we get down this road, yes, the individual mandate is constitutional […] you can look at the individual mandate as a tax, which is constitutional.”
Klein went on to write that Republicans voicing this concern are just “getting a bit desperate.” He also cited examples like the individual mandate in Massachusetts’ healthcare plan (their system may be bankrupt, but at least its constitutionality hasn’t been challenged!) and the fact that numerous Republicans like Lindsey Graham, Lamar Alexander, Norm Coleman, and Bob Corker have all come out in support for a mandate.
But another common argument for the constitutionality of an individual mandate cites the ever-so-popular and commonly misconstrued Interstate Commerce Clause. According to Wake Forest University law professor Mark Hall, “…a mandate to purchase health insurance appears to fall fairly readily within the current breadth of Congress’ power to regulate interstate commerce.”
And yet another angle was tried recently by House Majority Leader Steny Hoyer when he said the mandate was constitutional because it promotes the general welfare: “The end that we’re trying to effect is to make health care affordable, so I think clearly this is within our constitutional responsibility.”
So is there any weight behind these explanations for the constitutionality for a law that would essentially criminalize any individual who opted not to buy a certain product in the private sector? In a word: No.
As every American Government 101 class used to teach, the Constitution clearly outlines the powers that are enumerated to the federal government in Article 1, Section 8. And anything not explicitly enumerated? The 10th Amendment took care of that: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
So does an individual mandate for buying health insurance fall in the category of powers delegated to the United States? If you’re Ezra Klein, it does because well, it’s a tax! But according to the Constitution, an individual mandate cannot be a tax because it is not an excise, capitation, or income tax; the only taxes established in the Constitution.
Clearly, a mandate that fines people for not buying a product does not fall into any of these categories because it’s not a surcharge on a purchase, a fixed amount levied on all individuals, or a charge on one’s income. So while it is indeed a “tax,” it is not one that has been authorized by the Constitution.
That leaves the Commerce Clause argument. In the past, it has been grossly misinterpreted in landmark Supreme Court cases like Wickard v. Filburn and Gonzales v. Raich. In both instances, the Court ruled that the federal government had the power to regulate substances that were neither sold nor bought, but grown on private property for personal use.
With an individual mandate however, the government would be fining people for not buying health insurance; no commercial activity would be taking place. But that is an essential qualifier for the commerce clause. Thus it would be difficult for the most Washington-savvy politician or lawyer to argue otherwise, even with the appalling Supreme Court precedents.
But President Obama and the Democrats in Congress have embraced the individual mandate because they know it is the only way universal healthcare can be funded. Not only that, but with the new regulations that say health insurance companies must provide coverage to those with pre-existing conditions, it would make little sense for people to buy coverage before illness hit; unless of course, they are threatened with a massive fine.
An individual mandate is anything but constitutional; that much could be clear to anyone who studies that great document penned by our Founding Fathers. Furthermore, if said mandate becomes law, what’s to stop the powers in D.C. from “taxing” people who don’t buy organic produce, go to public schools, or drive hybrid vehicles? Any reason given to justify a “tax” on individuals for not purchasing health insurance could just as easily be applied to any number of behaviors. A chilling thought, indeed.
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Amanda Carey is the Editor of The Tiger Town Observer at Clemson University. She has previously worked for Robert Novak and has been published in Reason Magazine and The American Spectator.
“Rob the Young to Pay the Old”: Obama Sacrifices His Strongest Supporters With Healthcare Proposal
Monday, November 16th, 2009With roughly one-third of Americans ages 20 to 30 without health insurance, young adults make up the largest uninsured population in the country. Liberals say we need health reform for the sake of all the “uninsured children and elderly,” but the facts are that less than 3% of those over the age of 65 and only 10% of children under the age of 18 are uninsured – and the vast majority of them are eligible for Medicaid and Medicare but simply not enrolled.
The harsh reality of Obama’s proposal for health reform is that it will have the most direct and detrimental effect on young adults. The legislation passed by the House last Saturday essentially shifts the cost burden of health insurance to young Americans in their 20s. Many healthy young people, who on average make less money than older workers, choose not to purchase health insurance, sometimes because they feel their funds are better spent elsewhere. Instituting an individual mandate not only strips young Americans of their right to choose how to spend their hard-earned income, but also forces them to foot the bill for their parents’ and grandparents’ health care. So while seniors’ health insurance premiums may be cut in half, many young adults will see their premiums double through this age-based redistribution of wealth.
As noted in a recent briefing paper from the CATO Institute, two provisions of the health care reform proposal place particular burden on young adults: community rating and guaranteed issue. A form of price control, community rating means everyone pays the same premium. The cost is determined by the average qualities in the community rather than the individual’s demographic, previous health records, smoking status, and other related aspects. In the Pelosi bill (H.R. 3962), a 64 year old with several chronic conditions would pay no more than twice what a healthy 18 year old would pay – and a smoker who likes to binge drink would pay no more than a fitness guru. With guaranteed issue, eliminating the pre-existing condition exclusion removes all barriers to entry. Regardless of physical condition, everyone has access to the same health insurance coverage at about the same price.
Leaving the merits of these provisions in the overall health care reform debate to other authors, it is important to note their negative impact on young adults. By setting price controls on insurance premiums and dropping the pre-existing condition exclusion rule, forcing an individual mandate establishes excessive taxation of the young to financially support the old. What an unfortunate way for the President to treat the generation who was so instrumental in his election.
It comes as no surprise, then, that President Obama’s approval ratings have fallen significantly among young Americans since his election and inauguration. In January, the President’s approval rating among those under 30 was 79%. By November that number had fallen to 63%, a dramatic 16-point plunge among President Obama’s strongest supporters.
So what will the future hold for America’s youngest generation of voters? If last week’s two gubernatorial elections were any indicator, the future might not be so blue. The youth vote split, in New Jersey breaking for the Democrat and in Virginia actually going to Republican Governor-elect Bob McDonnell.
Obama’s “rob the young to pay the old” policies offer the GOP a real opportunity to reach out to young Americans. The House vote on H.R. 3962 last weekend places a heavy burden on this generation. The question is, will the weight of this burden push these voters to the Republican Party?
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Brittny McKinney and Rachel Hoff are GOP activists and members of the Washington, DC Young Republicans. Brittny is a licensed agent for life and health insurance.
Why I’m for That Guy from Luxembourg
Tuesday, November 10th, 2009To a lot of Brits, the UK isn’t part of Europe. When they say “Europe” they mean those countries cut off from England by the Channel, with great vacation spots and better food. Europe is the place Brits colonize with Irish pubs, dabble in foreign languages, and occasionally take an interest in the art. Sounds familiar? In some ways, Brits are Europe’s “ugly Americans”.
So with the EU Presidency up for grabs, it’s no surprise that Tony Blair is paraded around as the British George W., but with better elocution. He’s the one who took Britain to Iraq, kept the UK out of the Euro zone, and always sides with places like Poland that happily ally with America. To many Americans, and especially conservatives, putting Blair at the head of the EU would be a dream, because he’s so ‘un-European.’ And in a rare confluence of politics, Mr. Blair could also be a favourite of those Europeans who want a strong EU abroad: he would be a recognizable face, at least, unlike that of the other leading candidate, Jean-Claude Juncker. The Luxembourgian once had to argue that “he was not a dwarf”.
However, as perfect as this match might seem, Blair has that one fatal flaw that will always rob him of any real power among the Euro-elite: he is irremediably British. Europe inevitably splits into two blocks – the Franco-Germans and their Maastricht allies on the one hand, and Brits stubbornly on the other, siding with any euro-sceptics that will follow their obstreperous lead. For the Franco-German camp, the EU is a substitute for their own sovereign power as well as the key alternative, in their eyes, to the ‘Anglo-Saxon way’. They want regulation that is more ‘fair’, health care is more ‘social’, and a foreign policy that is more ‘sophisticated’ when it comes to threats like Russia. As for the new Eastern members, the typical attitude towards them is that they should just get with the programme. In former French President Chirac’s words, Eastern Europe should treat any EU disagreements with America as a good occasion to shut up. Any British leader, no matter how useful his international caché, will always come from that other world.
And this is where Mr. Juncker comes in as an unlikely foil – a consummate eurocrat with inoffensive European features and the manners of a notary: he is neither the EU’s own George W. or a European counter-force. He’s uninterested in Europe’s role in worldwide power struggles, or any real competition with the US and China, but rather takes a ‘Swiss’ approach: a focus on the inside, on consolidating Europe’s fiscal rules, and keeping international pursuits at a modest minimum. He would make Europe into the Switzerland of the world: a nice little peaceful place with relative prosperity and few – if any – grandiose claims. At a meeting of the Eurogroupe last year he reminded more forceful leaders like Sarkozy that the “XXIst century will not be European”.
Such low ambitions might be strange to most Americans, but this ‘managed decline’ of Europe off the world stage would not be a bad thing. An internally stable Europe is a big achievement in itself – it’s not so long ago that Europe had pockets of warfare like Northern Ireland and the Basque region. Solving Europe’s fiscal problems would save Iceland from the brink as it comes into the EU in 2012, and help bring Eastern Europe into a good regulatory fold as it moves towards the Euro. Each of these would help re-build small pillars of the global financial whole. And there are countless internal issues creeping up: the population is aging drastically with the share of over-65 at 17% already. Immigrant populations are putting new cultural demands on its systems. Mr. Juncker would have his hands full even without any international forays.
For America and its global causes, a Europe that’s mostly silent abroad would only be a problem if it had spoken with America all along, or showed any interest in creating a common front. But it’s only a few countries – like Poland or Denmark, that ever break the anti-US mould. So for the EU to turn away from a global vision to a Swiss approach would at worst just take away a clamouring dissent that emboldens America’s enemies. If Mr. Juncker focuses on building up the EU from within, America would have more energy to spend on other worthwhile causes, like courting the favors of India.
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Christine Nikol writes from London, UK where she works as a business consultant. She has previously written for The Heritage Foundation in Washington, D.C. and as an intern for the Paris office of Newsweek. She has a Masters in English Literature from the University of Oxford and a B.A. in Government from Harvard College, where she was Editor in Chief of the Harvard French Review, an annual journal of transatlantic politics and culture. She is originally from Poland and Canada and has also lived in France, Nepal, and Singapore, but America is by far her favorite.
Facing the Children, Ignoring Their Future: Obama and Education Reform
Tuesday, November 10th, 2009During recent months, Obama has drawn fire for his failure to support the continuation of the D.C. Opportunity Scholarship Program, a program which provides scholarships to under-privileged children as a means of helping them to attend a school of their parent’s choice. This program, which was enacted in 2004 and has since been a success, is under threat of being eliminated.
Earlier this year, Congress passed legislation that essentially phases-out the Opportunity Scholarship program by prohibiting any new students from enrolling. The President has stood by and allowed it to happen—effectively denying low-income children in D.C. the same opportunity that he benefited from as a child: the chance to attend a private school on scholarship.
Recently, Attorney General Eric Holder quietly urged proponents of the program to pull a television advertisement that promotes the D.C. OSP and urges President Obama to support school choice for D.C. families. Evidently, the administration is united against providing opportunity for these under-privileged children.
Last week, President Obama and Education Secretary Arne Duncan traveled to Madison, WI where the President spoke to students and educators at James C. Wright Middle School. He highlighted the importance of offering the best education to children in the U.S.
“American prosperity has long rested on how well we educate our children. But, this has never been more true than it is today. There is nothing that will determine our future as a nation and the lives that our children will lead, more than the kind of education that we provide them.”
During Obama’s visit, Secretary Duncan also shared brief comments:
“And what amazes me is that week after week, month after month, he [Obama] just keeps coming back to education, and he’s absolutely passionate about it. He and his wife, the First Lady Michelle Obama, received great educations. Neither one was born with a lot of money, but they worked really hard and had great teachers and great principals and made the most of it. And now he’s our President. So it’s a pretty remarkable journey. The only reason he’s the President is because he got a great education.”
While Duncan fails to mention that Obama received a great education thanks to a scholarship, he concedes that without that opportunity, he would have never become President. It is impossible to know what will become of the educational futures of those 216 children who recently had their Opportunity Scholarships rescinded. But one thing is certain: Duncan’s remarks would have been highly ironic if delivered in the Nation’s Capitol, where thousands of children are being denied the opportunity to receive a decent education.
The President’s support for schools such as James C. Wright Middle School, a charter school in Madison, begs the question of why he endorses charter schools but does not back other effective school choice options for children. So far, his silence on the issue has meant 216 children have returned to the often dangerous and under performing D.C. public schools.
The children of Washington, D.C. are America’s future, and they deserve to hear President Obama’s explanation for denying them the bright educational opportunity that he was so fortunate to have benefited from.
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Kathleen Someah previously attended Kenyon College where she studied English and Political Science. She is currently an intern with a political think tank where she focuses primarily on issues relating to homeland security.
Bad Politics and Bad Policy
Monday, November 9th, 2009For Those Who Suffered So Much: The Massacre at Fort Hood
Monday, November 9th, 2009For the families of military men and women just returned from Iraq last week, the worst was over. In their various homes, over meals and daily chores, spouses, parents, and children collectively exhaled for the first time in nearly a year. They planned parties and drew “welcome home” banners; phones rang frequently as relatives and friends called congratulations. But for the family of six-weeks pregnant Private Francheska Velez, just returned to Fort Hood from Iraq, joy was cut short with a knock on the door of their Chicago home. Outside, military officers with spotless uniforms and somber eyes waited on the stoop, bearing terrible news.
While the experts and doctors and pundits search for words to describe Major Nidal Malik Hasan’s actions at Fort Hood last Thursday, they will miss one critical diagnosis: cowardice. It is no good pointing out that Hasan worked with traumatized soldiers, or that he faced a personal religious crisis. In fact, it now appears that he attempted to contact leaders in al Qaeda. Post Traumatic Stress Disorder is not catching like flu or measles, and he had never been to war. Nor was Hasan cruelly drafted into the military against personal conviction; he voluntarily joined and swore loyalty to an organization whose sole purpose for existing is warfare, and whose sole war is in the Middle East. And when Hasan, despite his choice, despite his oath, despite his lawyers and his protests, could not escape the consequences of his own decisions, he murdered the unarmed soldiers who were his brothers and sisters in arms and fellow citizens. A coward if there ever was one.
November 5 was a dishonest day, but there was some justice too. Hasan, whose cries of “Allahu Akbar” and attempted suicide would have theoretically won him 72 women in paradise, was instead gunned down by one. There will be no martyr’s death for him, no poster of his smiling face adorning zealot walls. Instead, early medical reports indicate that he is possibly crippled, perhaps paralyzed. He may spend his remaining days in a bed or a wheelchair – just as the soldier whose leg was ripped away by a roadside bomb, or the Marine whose spine was shredded by an IED. Ironically, if Hasan’s motivation was simply fear, simply panic (a prolonged, thoughtful panic, a panic that involved giving away all of his possessions, and making sure his apartment was clean) he is now facing physical and psychological wounds as horrible as any he could have suffered on a foreign battlefield.
Sadder still is the fact that doctors with Hasan’s training are desperately needed. His deployment to Afghanistan was one among many hopeful signs that, however slowly, the military is attempting to take PTSD seriously. But a psychotic psychologist, a counselor who needs counseling himself, will only contribute to the impression among battle-hardened troops that “shrinks” are no good. Yet troops need just as much training to reenter civilian life as they received to leave it. The war on terrorism is a war without foxholes, without forts, without boundaries. It is a war men and women take home with them, portable and pocket-sized. Americans used to sing “Over There,” but there really isn’t any over there any more; our soldiers fight terrorism on a rural road in Anbar province, in a crowded terminal in L.A., or on an army base in central Texas.
The murders at Fort Hood were not a tragedy, but a conflagration of tragedies. Hasan killed soldiers, yes, but for many families, he killed hope: the hope of a young immigrant to serve his new country, the hope of a pregnant mother to raise her child, and the hope that American soil was safe. Military families live on their own private battlefield, a deceivingly normal world where at any average moment – feeding the dog, getting the paper – mortality may come crashing in. For 13 families this November, it came when they were least prepared. Those rejoicing in homecomings, or planning precious pre-deployment moments that will never be, now face an agonizing future. This Thanksgiving their loved one will be absent from the family table, and with them, all hope of safe return.
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Skyla Freeman (skylafreeman.com) is a former writer for President George W. Bush.
Calling All Babies: The Real Experts in the Health Care Debate
Monday, November 9th, 2009Saturday marked more than a debate on health care reform. It was a battle of cute kids. Yes, you heard me correctly. November 6th was intended as the day when lawmakers would convene over the health care bill and hopefully reach a favorably consensus. Instead, it was a day of distractions and battles between children.
On the Republican side was the party’s latest spokesperson, Maddie, the 7-month child of Rep. John Shadegg’s chief of staff. While Maddie could only coo and fiddle with a microphone, Shadegg did not hesitate to interpret her intended message.
“Maddie likes America because we have freedom here and Maddie believes in patient choice health care,” said Shadegg. “She has come here to say she doesn’t want government to take over health care. She wants to keep her plan.” Okay, let us be honest. Maddie was an adorable addition to the debate; a fresh intermission from matured men and women in primary colored power suits. Yet she was also a distraction – and not the first. You can view the clip here.
Youth could also be seen on the Democrat side of the debate. Rep. Pete Stark introduced, not one child, but rather two. While he did not attempt to translate their thoughts, Stark did motion to children Hannah and Andrew when speaking about the current bill at hand.
“I encourage each of my colleagues to join me in voting yes,” said Stark, giving a nod to his twins. “I can assure you these guys aren’t going to have to pay for it in the future.”
Is this really what the health care reform debate has come to? Have our political parties really ditched PhD’s and intelligently persuasive arguments for babies? True, what is resolved by the current administration will inevitably affect future generations inclusive of innocent, endearing children. However, presenting children during Saturday’s debate was not solely an embarrassment to Representatives involved, but also likely debased the United States’ reputation abroad.
Our nation already has its share of noticeable flaws: White House intern scandals, scrutiny over Michelle Obama adorning a pair of shorts, just to name a few. After Saturday, however, the U.S. will have the pleasure of defending comments that Representatives are so unable to stand by their opinions that they need toddlers as support mechanisms.
Note to self: next time I am in a meeting with colleagues, and feel threatened, I will recruit the children that I babysit. Maybe then I will win my argument.
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Kathleen Someah previously attended Kenyon College where she studied English and Political Science. She is currently an intern with a political think tank where she focuses primarily on issues relating to homeland security.
