ACA Aftermath: Three Little Pigs & the Big Bad Wolf

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Three Little Pigs. Silly Symphony Original Release Poster, 1933. Courtesy Walt Disney Company.

Remember the story of the Three Little Pigs?  You know, one pig built a house out of straw and a second built a house out of sticks, while the third built a house out of bricks.  The antagonist is the iconic “Big Bad Wolf” whose ravenous appetite for pork knew no bounds.  Endowed with an impressive lung capacity he goes to each of the little pig’s houses and, as the story goes, “He huffed and he puffed and he blew the house down!”  (It’s more fun if you say it out loud with all the enthusiasm and glee a four year old would put into it.) The house of straw immediately collapses under this pneumatic assault, and the one made of sticks fares no better.  Their plump porcine owners scramble to find shelter in the house made of brick, which as we all know, survived the wolf’s hurricane-force winds, unscathed.  It is, of course a morality tale about being wise to the ways of the world and “building” the various parts of one’s life out of material that can withstand its big bad wolves, or storms, be they actual or virtual.  Either that or a clever publicity story concocted by the bricklayers union, but I prefer the former.

Now that the Affordable Care Act (ACA) has been declared constitutional by the Supreme Court of the United States (SCOTUS) there has been non-stop huffing and puffing by the Republican opponents of the law, who thought they were going to be rewarded with a Health Care house that was made out of straw, or at the worst, of wood.  SCOTUS, they reasoned, would strike down all or part of it so that they could legislatively “huff and puff” and finish blowing the house down.

Big Bad Wolf: “I’ll huff and I’ll puff and I’ll blow your house down!” Three Little Pigs, 1933. Courtesy Walt Disney Company.

But it turns out that the Court took the position of the third little pig and, in declaring the law constitutional, revealed a house made of bricks.  It’s rather like that moment on the television show, Extreme Makeover (Huh, something familiar about that…), where at the moment of climax as the family stands in nervous anticipation, the crowd yells in unison, “Driver, move that bus!”  Only in this scenario, the Republicans and their conservative wolf pack are not overcome with emotion at the fabulous new home standing before them, but rather are stunned, being confronted with an edifice made out of material largely impervious to their huffing and puffing.

Here’s the thing.  The story ends with the wolf leaving in abject defeat, his hunger unsated.  Conservatives, however, apparently lack the capacity to see they have lost this fight and therefore continue to huff and puff, launching into tirades to any convenient warm body holding a mic and a TV camera, insisting that they have actually won and it’s only a matter of four months until the General Election to prove that point.  Already, they have coined a new term to try to recapture their bluster: Obamatax.

We will be subjected in coming months to their incessantly chanting this new mantra as the justification for their huffing and puffing, but they fail to realize the American people just aren’t that stupid and soon it will become distracting background noise.  In fact, it already is.  Yes, the Supreme Court changed the word “penalty” to “tax” but despite the conservative’s vitriolic demonstrations of outrage and consternation over the ACA being declared “constitutional” there is nothing new here.  Nothing.

It is completely dishonest to claim that on June 28, 2012, President Obama imposed a new tax on Americans.  Completely dishonest.  And it only piles a huge mound of disingenuous, uh, bovine excrement, on top of that dishonesty to claim that President Obama lied to the country by promising there would be no new tax.  There wasn’t and isn’t.  Chief Justice Roberts bears the responsibility for substituting the words in his ruling.  The wailing and gnashing of teeth on the part of the GOP and the hyper-cons is all for show, political theater at its most profane.  Over-played and badly acted, at that.

The inconvenient truth for the Republicans is that the statue of their graven idol, Antitaxus Ultimatum, has feet of clay.  The Supreme Court just took a sledge hammer to it.  It now teeters, susceptible to collapse from the tiniest puff of air from a butterfly’s wings.  Or a poorly aimed huff from one of their own, say, perhaps one Mitt Romney?

I see two important lessons that Democrats should learn (and avoid at all costs) from the Republicans: If you lie to the American public long enough on the theory that the one who shouts the loudest is telling the truth, it does not take long for you to start believing your own lies.  Second, once you begin believing your own lies, you lose all perspective regarding the reality that ultimately the Big Bad Wolf failed.  He could not blow down the house made of bricks. Ever.

Why?  The answer springs forth in the words of the man who neither succumbed to the lie nor lost his perspective of what it means to be an American:

“…that this nation under God shall have a new birth of freedom, and that government of the people, by the people, for the people shall not perish from the earth.”

Abraham Lincoln, November 19, 1863. The Gettysburg Address.

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Is Health Care a Constitutional Right?

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A Constitutional Right to Health Care?

The assertion that we have a right to medical care is one of the pillars supporting the Affordable Care Act.  Not the sole pillar, but one of them.

Photo Courtesy Blue Ridge Community College, NC

As with all of our rights, it has to be built up from some source that is part of the foundation of the national edifice.  Being a democratic republic, as I understand it, we in the United States have two sources.  One is the Constitution, and the other is the statutory authority given the various levels of government both federal and state by the Constitution.

Do we have the Constitutional right to medical care?  Read More…

The Supreme Court and the ACA: The Ultimate Death Panel?

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I started Extreme Thinkover in the fall of 2008.  The presidential race was in full swing.  Universal health care was one of the major topics that the candidates, media, and the public were debating.  One of my primary motivations for creating the blog was to have a forum in which to express my ideas about the health care debate.

I’ve worked in the health care industry for nearly 16 years and have daily contact with patients and families in the hospital.  I hear their stories, good and bad, about what these hospitalizations are doing to their lives.  Yes, what the hospitalization is doing to their lives.

Here in America, going to the hospital is not just about getting medical treatment; it’s also about entering a very broken and extremely expensive system. It nevertheless tries to limp along: In all fairness to the medical professionals who work very hard on behalf of their patients, in most cases, if you find yourself hospitalized, you get reasonably good medical care.

However, in the middle of this is an ongoing battle with the major health care players (hospital systems, health insurance, pharmaceuticals, medical equipment providers, etc.) all wanting to maximize their profits in an economic power race that too often is at the expense of the quality of care delivered to the patients who pay for their services, as well as forcing ever-increasing demands on their care givers to do more with less.  Admittedly, it doesn’t happen everywhere, but it is far too pervasive in Rube Goldberg “system” that passes for health care in America.

I wrote in fall 2008:

Here’s the question: What kind of treatment and medical care is needed so that all Americans can be healthy, or as healthy as possible?

That perhaps is not the question you expected to hear. The national conversation has focused on how much will it cost to provide all Americans with health insurance, how will the spiraling costs of health care be brought under control, will taxes have to be raised to pay for it, what will the roles of the health insurance industry, and the medical industries, and most of all the federal government be? Tough questions all around.

That question, “What kind of treatment and medical care is needed so that all Americans can be healthy, or as healthy as possible?” remains the key to a successful national health care program.  It also remains almost totally ignored by politicians, lobbyists, and, sadly the American public, none of whom have yet realized that without answering this question first, in my opinion, the debate about the cost cannot be resolved.  I contend this is why the health care law polls low for national support.

The current law, the Patient Protection and Affordable Care Act, passed in 2010, nibbles at the edges of what I think is essential, but it, also, is far too focused on trying to control medical costs.  And in case you are wondering, yes, I’ve read the law cover to cover.

Beginning Monday, March 26, the Supreme Court of the United States is going to hear arguments for and against the PPACA.  The primary question before the Court is whether Congress overstepped its authority regarding the interstate commerce clause of the U.S. Constitution by mandating all Americans (sort of) be required to purchase health insurance.  The debate is guaranteed to be rancorous, even in the sedate and forcibly polite setting of the Supreme Court.  The debate, though, once again is all about the money.  A healthy America will likely never even come up. The pundits will have a field day with this, without question, but I doubt any will see the fundamental flaw in all the arguments, based on my point of view.

Will the justices see past the smoke screen of political ideology, special interest group pressure, and inflammatory rhetoric that is fueling these proceedings?  If they do, and declare the law constitutional, there is hope that the ACA can continue to be refined, actually moving toward being a mechanism to support a healthier America.  If they don’t, by striking down all or parts of it, the Supreme Court will, for all intents and purposes, become the Ultimate Death Panel, condemning tens of millions of Americans to poor health, premature, and in some cases, an agonizing death because they will have been denied the right to even the most basic level of health care.  And that, tragically, just months before a law already on the books would have given them the care snatched away by the Supreme Court Death Panel.

Now we wait to see how this court rules on the fate of Americans’ health for generations to come.

The Thinkover:  When Patrick Henry uttered those iconic words, “Give me liberty or give me death!”  he wasn’t suggesting that death was preferred outcome of that stand for patriotism.  So far, the opponents of the ACA have been clueless to this obvious distinction in demanding “liberty” from the ACA mandate.

Hospital Food for the Mind

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I had to be in a meeting at lunch yesterday, so I didn’t get to write this post in my normal manner: thumb-typing on my smart-phone between bites of food.  I hope that doesn’t affect the quality of this piece.  I have a question:

Is the Presidency of the United States obsolete?

Up front, I’ll admit that perhaps if I was more impressed with President Obama’s performance in the job, and thought that even one individual in the Republican pack of hounds bounding and baying after his job was truly qualified, I might not even ask the question.  That not being the case, however, I am asking the question: Is the presidency, as one of the three constitutional pillars of our Union, now an obsolete political paradigm best abandoned and replaced by something else?  Or anything else?  Okay, that second question is just for the sake of rhetorical sarcasm.

Here’s my beef with the current situation.  I was always taught that the three branches of government in the United States were specifically designed to provide a balance of power, and that principle was to be inviolable to the degree that no one branch could supersede another.  This idea is based on that handy little political doctrine called the Separation of Powers.

Looking back over my lifetime, I generally place the beginning of this nightmare on the near-destruction of the Constitution by Richard Nixon. Ever since it seems we have been sliding toward a full-blown night-terror (the infamous pavor nocturnus) complete with an Incubus sitting on our national chest.

I would suggest that as the country has become more politically partisan, like a fault-line sending up waves telegraphing a coming earthquake, the election process has absorbed those toxic seismic waves. Apparently closest to the fault-line, the Judicial Branch has become all too often no more than a political equivalent of the Roman Coliseum, fought over by the conservatives and liberals in Congress–the Legislative Branch–the floor of each chamber devolving into an arena for ideological gladiating.  Only, there’s no emperor to give thumbs up or thumbs down, and so they just go on bashing each other, oblivious to their complete abdication of their Constitutionally sworn oath to govern.

Gone, in my humble opinion, is my confidence that the Justices of the Supreme Court (and the lower courts they oversee), selected once as the best of the best, view their appointment as a sacred duty to ensure their decisions rise above the everyday fray of American politics.  Yes, I know in reality it was never quite that noble, but in prior generations there was at least a generally accepted principle that the people who wore the robes and sat at that bench comprehended the high calling to which it is enshrined in the Constitution.

As for Congress, any sense of statesmanship is long gone, of dignity–even though they put on a show of being polite most of the time through gritted teeth–and an utter evaporation of “the loyal opposition.”  Factionism has permeated both the House and the Senate because factionism has permeated our political culture.  We have created this incubal demon through the ballot box and I fear it is only the beginning of a great price we will pay as a country for this gathering divisiveness.

So what of the presidency?  With the continuing deterioration of two of the three branches of government, can we expect the Executive Branch to weather the temblors and quakes unscathed?  I just do not think so.  The Legislative Branch’s warfare shows no sign of abating, even as we teeter on the verge of a double-dip recession. The Judicial Branch has become a hammer used by well-funded special interest groups to sledge their will into law, regardless of the damage they do to the rest of us.

Can one man or woman effectively push back the crumbling pillars to maintain the Constitutional integrity of the office of the President of the United States, like a reverse-Samson holding up the walls and roof, sparing the Philistines from certain death rather than bringing down the edifice upon them?  I don’t know the answer to this question.  Would the parliamentary model of governing be better?  Looking at all the problems our best international friends have (e.g., Great Britain) in managing that approach to government, I would not be eager to jump to that solution.  Nor would I ever endorse the fractured model currently used by the Russians in which two people apparently share power, but not really, but the one who is supposed to be the subordinate has figured out a way to actually control the other one and…  God protect us from a mess like that.

We are rushing headlong into another general election season (not that you can tell any difference, because the 2012 election has been in full-gear since the moment Barack Obama was declared winner in November 2008).  If I could work my will upon the country, the presidential election season would start six months before the actual date.  No one would be allowed to campaign.  No one, individual or business, would be allowed to contribute money to a candidate.  Political Parties would have to hold their nominating conventions 90 days before the election.  No political ads could air for any candidate or for any party until the parties had nominated their candidates.  I’ve got more to say on that, but it will have to wait for a later date.

Is the presidency obsolete?  Again, I don’t know the answer to that, but I know that it is every bit as battered as the other two branches of our government, and because of that, the future of the Republic is at stake.

I do hold one hope.  I continue to believe that we the people, by voting and exercising our right to petition our government, can reverse this earthquake of factionalism.  We are not beyond saving the Union.  But the day is upon us in which we must begin to do just that. To end this national night terror we must push the Incubus of Factionalism off of our chest, and, most importantly, wake up!

Born in the CAU’d!…Corporations of America Unlimited

As of today, unless Congress finds the courage and the will to push back against the Supreme Court, you now live, for all intents and purposes, in the Corporations of America Unlimited®.

Justices of the United States Supreme Court, 2110. Photo: SCOTUS Offical Portrait

Your rights as an individual citizen of the country previously known as the United States of America are now irrelevant.  Those rights you had will now be doled out to you by those who sit in the board rooms of the World’s biggest corporations, no longer by the now defunct Constitution of the United States and the Congress.

Your right to free speech, the expectation that your voice actually counts in political discourse and that your expression of that will be heard by your elected representatives, is now an endangered species.

The New Headquarters of the Unlilmited Corporations of America? Photo: Stock Photo, Source Unknown

If you were among those angry anti-government populace that wanted to vote out all the incumbents you may now sleep soundly with the assurance you have achieved your goal, not by voting out the crooks, but by ceding all their authority to the Corporations of America, now the only citizens with true voice and power.

Did I mean to say “citizens”?  Yes.  They have the same rights as you do, as an “organizational person” who may now use all their resources of finances and lobbying voice to rule the Corporations of America Unlimited®.  They have now all the same rights you used to have.  And they can use those rights to ensure that the rights you have are only the ones that ensure their profits have no limitations, and their ability to influence the congressional pawns they support do their bidding is unencumbered.

We are no longer free.  We are owned.  Does that mean we are slaves?  No, but we are serfs, or will be in a matter of time.

My guess is this outcome is not what the Republicans, neo-cons, and the Tea Baggers had in mind when they shouted “Give us back our country.”

They got something different.  They got a brand new country.  Only it does not belong to us.  It belongs to the Corporations who now may use their money and influence to get everything they pay for.

Tea Party Surprise--Did the Tea Baggers get more than they were demanding?

Is this true?  Well, the Supreme Court part of it is.  The corporations won their case.  What happens in real life remains to be seen.  If the worst turns out to be true, then we’ll need a new flag and national anthem.

Are You Proud to be CAU'd? Will this replace the "Stars and Stripes"?

Are you aware this is all so a conservative activist can show his film:

Hillary: The Movie Poster.  Image Courtesy Citizens United.

Hillary: The Movie. Image Courtesy David Bossie, Citizens United

David Bossie, the conservative activist who brought the case to defend his campaign-season promotion of the documentary “Hillary: The Movie,” said he was looking forward to rolling out his next film in time for the midterm elections.

Titled “Generation Zero,” the movie features the television host Lou Dobbs and lays much of the blame for the recent financial collapse on the Democrats.

“Now we have a free hand to let people know it exists,” Mr. Bossie said.  Source: The New York Times.

The always controversial Noam Chomsky made this all too astute observation:

The most effective way to restrict democracy is to transfer decision-making from the public arena to unaccountable institutions: kings and princes, priestly castes, military juntas, party dictatorships, or modern corporations (Emphasis added).

Corporations of America Flag. Photo courtesy Adbusters

Are you proud to be CAU’D™?

Post Script: I looked up CAU’D, to be sure I was not violating an established organization or a copyrighted set of initials.  To my surprise and cynical delight, Wikipedia provided this link:

Caudal (Latin – caud(a), tail): of, at, or near the tail or the posterior end of the body. In the human case, towards the bottom of the feet.

I could not have made up anything better to help make my point!