bureaucracybusters

Posts Tagged ‘OBAMACARE’

OBAMA’S SIX “OBAMACARE” MISTAKES: PART FOUR (END)

In Bureaucracy, Business, History, Law, Politics, Social commentary on August 8, 2014 at 2:45 pm

President Obama claims to be a serious student of Realpolitick.  If this were so, he would have predicted that most businesses would seek to avoid compliance with his Affordable Care Act (ACA).

And the remedy would have been simple: Require all employers to provide insurance coverage for all of their employees, regardless of their fulltime or part-time status.

This, in turn, would have produced two substantial benefits:

  1. All employees would have been able to obtain medical coverage; and
  2. Employers would have been encouraged to provide fulltime positions rather than part-time ones.

The reason: Employers would feel: “Since I’m paying for fulltime insurance coverage, I should be getting fulltime work in return.”

If the President ever considered the merits of this, he apparently decided against pressing for such a requirement.

Obama is one of the most rational and educated men to occupy the White House.   So what accounts for this failure to expect the worst in people–especially his self-declared enemies–and prepare to counter it?

Niccolo Machiavelli’s brilliant assessments have repeatedly proven invaluable to understanding the failures of the Obama Presidency.  Once again, he provides a shrewd insight into what may be the central reason for all of them.

Niccolo Machiavelli

Writing in The Prince, his classic work on the realities of politics, Machiavelli states:

I also believe that he is happy whose mode of procedure accords with the needs of the times, and similarly, he is unfortunate whose mode of procedure is opposed to the times…. 

On this depend also the changes in prosperity, for if it happens that time and circumstances are favorable to one who acts with caution and prudence he will be successful.  But if time and circumstances change he will be ruined, because he does not change the mode of his procedure. 

No man can be found so prudent as to be able to adopt himself to this, either because he cannot deviate from that to which his nature disposes him, or else because having always prospered by walking in one path, he cannot persuade himself that it is well to leave it.

And therefore the cautious man, when it is time to act suddenly, does not know how to do so and is consequently ruined.  For if one could change one’s nature with time and circumstances, fortune would never change.

Obama is by nature a supreme rationalist and conciliator–not a confronter nor an attacker.  And his career before reaching the White House greatly strengthened this predisposition.

From 1985 to 1988, Obama worked as a community organizer–setting up a job training program, a college preparatory tutoring program, and a tenants’ rights organization.  Such activity demands skills in building consensus, not confrontation.

He then taught at the University of Chicago Law School for 12 years—as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004, teaching constitutional law.

File:Medium chicagoreflection.jpg

University of Chicago Law School

Law professors spend their time in clean, civil classrooms–far removed from the rough-and-tumble of criminal defense/prosecution.

If Obama had accused President George W. Bush of conspiring with Al Qaeda–as Republicans have repeatedly accused Obama–retribution would have been swift and brutal.

In short: Obama–who believes in reason and conciliation–is paying the price for allowing his sworn enemies to insult and obstruct him

Obama Mistake No. 6: Failing to closely study his proposed legislation.

Throughout his campaign to win support for the ACA, Obama had repeatedly promised:  “If you like your health insurance plan, you can keep your plan. Period.  If you like your doctor, you can keep your doctor.  Period.”

But, hidden in the 906 pages of the law, was a fatal catch for the President’s own credibility.

The law stated that those who already had medical insurance could keep their plans–so long as those plans met the requirements of the new healthcare law.

If their plans didn’t meet those requirements, they would have to obtain coverage that did.

It soon turned out that a great many Americans wanted to keep their current plan–even if it did not provide the fullest possible coverage.

Suddenly, the President found himself facing a PR nightmare: Charged and ridiculed as a liar.

Even Jon Stewart, who on “The Daily Show” had supported the implementation of “Obamacare,” ran footage of Obama’s “you can keep your doctor” promise.

Jon Stewart

The implication: You said we could keep our plan/doctor; since we can’t, you must be a liar.

As a result, the President now finds his reputation for integrity–long his greatest asset–shattered.

All of which takes us to the final warning offered by Niccolo Machiavelli:

Whence it may be seen that hatred is gained as much by good works as by evil…. 

OBAMA’S SIX “OBAMACARE” MISTAKES: PART THREE (OF FOUR)

In Bureaucracy, Business, History, Law, Politics, Social commentary on August 7, 2014 at 12:42 pm

Barack Obama is one of the most highly educated Presidents to occupy the White House.

When he took office, he intended to make healthcare available to all Americans–and not just the wealthiest 1%.

President Barack Obama

But he made a series of deadly mistakes:

  • In crafting the Affordable Care Act (better known as Obamacare);
  • In building public support for it;
  • In underestimating the venom and opposition of his Republican enemies;
  • In failing to effectively counter that Right-wing venom and opposition; and
  • In underestimating the opposition of the business community to complying with the law.

Three of those mistakes have already been outlined.  Here are the remaining three.

Obama Mistake No. 4:  He allowed himself to be cowed by his enemies.

In The Prince, Machiavelli laid out the qualities that a successful ruler must possess.  There were some to be cultivated, and others to be avoided at all costs.  For example:

Niccolo Machiavelli

He is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which a prince must guard against as a rock of danger…. 

[He] must contrive that his actions show grandeur, spirit, gravity and fortitude.  As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.

So how has Obama fared by this standard?

On July 2, 2013, the Treasury Department issued a press release about a major change in the applicability of the Affordable Care Act:

“Over the past several months, the Administration has been engaging in a dialogue with businesses – many of which already provide health coverage for their workers – about the new employer and insurer reporting requirements under the Affordable Care Act (ACA).

“We have heard concerns about the complexity of the requirements and the need for more time to implement them effectively….We have listened to your feedback.  And we are taking action.

“The Administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin.”

[Boldface in the original document.]

In short: The administration is delaying until 2015 the law’s requirement that medium and large companies provide coverage for their workers or face fines.

And how did Obama’s self-declared enemies react to this announcement?

On July 30, House Republicans voted to proceed with a lawsuit against the President, claiming that he had failed to enforce the Affordable Care Act.

“In 2013, the president changed the health care law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it,” House Speaker John A. Boehner said in a statement.

“That’s not the way our system of government was designed to work. No president should have the power to make laws on his or her own.”

John Boehner

Thus, Boehner intends to sue the President to enforce the law that the House has voted 54 times to repeal, delay or change.

Obama Mistake Nol 5:  Believing that public and private comployers would universally comply with the law.

The Affordable Care Act requires employers to provide insurance for part-time employees who work more than 30 hours per week.

Yet many government employers claim they can’t afford it–and plan to limit worker hours to 29 per week instead.  Among those states affected:

  • “Our choice was to cut the hours or give them health care, and we could not afford the latter,” Dennis Hanwell, the Republican mayor of Medina, Ohio, said in an interview with the New York Times.
  • Lawrence County, in western Pennsylvania, reduced the limit for part-time employees to 28 hours a week, from 32.
  • In Virginia, part-time state employees are generally not allowed to work more than 29 hours a week on average over a 12-month period.

President Obama and those who helped craft the Act may be surprised at what has happened.  But they shouldn’t be.

Greed-addicted officials will always seek ways to avoid complying with the law–or achieve minimum compliance with it.

And what goes for public employers goes for private ones, too.

A company isn’t penalized for failing to provide health insurance coverage for part-time employees who work fewer than 30 hours.

The result was predictable.  And its consequences are daily becoming more clear.

Increasing numbers of employers are moving fulltime workers into part-time positions–and thus avoiding

  • providing their employees with medical insurance and 
  • a fine for non-compliance with the law.

Some employers have openly shown their contempt for President Obama–and the idea that employers actually have an obligation to those who make their profits a reality.

One of these is John Schnatter, CEO of Papa John’s Pizza, who has been quoted as saying:

  1. The prices of his pizzas will go up–by eleven to fourteen cents price increase per pizza, or fifteen to twenty cents per order; and
  2. He will pass along these costs to his customers.

“If Obamacare is in fact not repealed,” Schnatter told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”

After all, why should a multi-million-dollar company show any concern for those who make its profits a reality?

OBAMA’S SIX “OBAMACARE” MISTAKES: PART TWO (OF FOUR)

In Bureaucracy, Business, History, Law, Politics, Social commentary on August 6, 2014 at 11:44 am

In The Prince, his classic treatise on Realpolitick, Niccolo Machiavelli, the Florentine statesman, warned:

“There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things.”

This proved exactly the case with the proposed Affordable Care Act (ACA).  Its supporters–even when they comprised a majority of the Congress–have always shown far less fervor than its opponents.

This was true before the Act became effective on March 23, 2010.  And it has remained true since, with House Republicans voting 54 times to repeal, delay or revise the law.

So before President Barack Obama launched his signature effort to reform the American medical system, he should have taken this truism into account.

Obama Mistake No. 3: Failing to consider–and punish–the venom of his political enemies.

The ancient Greeks used to say: “A man’s character is his fate.”  It is Obama’s character–and our fate–that he is by nature a conciliator, not a confronter.

Richard Wolffe chronicled Obama’s winning of the White House in his book Renegade: The Making of a President.  He noted that Obama was always more comfortable when responding to Republican attacks on his character than he was in making attacks on his enemies.

Obama came into office determined to find common ground with Republicans.  But they quickly made it clear to him that they only wanted his political destruction.

At that point, he should have put aside his hopes for a “Kumbaya moment” and re-read what Niccolo Machiavelli famously said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved than feared, or feared more than loved.  The reply is, that one ought to be both feared and loved, but as it is difficult for the two to go together, it is much safer to be feared than loved. 

For it may be said of men in general that they are ungrateful, voluble, dissemblers, anxious to avoid danger and covetous of gain. 

As long as you benefit them, they are entirely yours: they offer you their blood, their goods, their life and their children, when the necessity is remote.  But when it approaches, they revolt…. 

And men have less scruple in offending one who makes himself loved than one who makes himself feared; for love is held by a chain of obligations which, men being selfish, is broken whenever it serves their purpose; but fear is maintained by a dread of punishment which never fails.

Moreover, Machiavelli warns that even a well-intentioned leader can unintentionally bring on catastrophe.  This usually happens when, hoping to avoid conflict, he allows a threat to go unchecked.  Thus:

A man who who wishes to make a profession of goodness in everything must inevitably come to grief among so many who are not good.

And therefore it is necessary, for a prince, who wishes to maintain himself, to learn how not to be good, and to use this knowledge and not use it, according to the necessity of the case.

For President Obama, such a moment came in October, 2013, when House Republicans shut down the government to force Obama to scrap Obamacare.

Obama, a former attorney, heatedly denounced House Republicans for “extortion” and “blackmail.”

Unless he was exaggerating, both of these are felony offenses that are punishable under the 2001 Patriot Act and the Racketeer Influenced Corrupt Organizations (RICO) Act of 1970.

All that he needed do was to order his Attorney General, Eric Holder, to ask the FBI to investigate whether either or both of these laws have been violated.

If violations had been discovered, indictments could have quickly followed– and then prosecutions.

The results of such action can be easily predicted.

  1. Facing lengthy prison terms, those indicted Republicans would first have to lawyer-up.  That in itself would have been no small thing, since good criminal lawyers cost big bucks.
  2. Obsessed with their own personal survival, they would have found little time for engaging in more of the same thuggish behavior that got them indicted.  In fact, doing so would have only made their conviction more likely.
  3. Those Republicans who hadn’t (yet) been indicted would have realized: “I could be next.”  This would have produced a chilling effect on their willingness to engage in further acts of subversion and extortion.
  4. The effect on Right-wing Republicans would have been the same as that of President Ronald Reagan’s firing of striking air traffic controllers:  “You cross me and threaten the security of this nation at your own peril.”

It would no doubt be a long time before Republicans dared to engage in such behavior–if they ever so dared again.

So: Why didn’t the President act to punish such criminal conduct?

OBAMA’S SIX “OBAMACARE” MISTAKES: PART ONE (OF FOUR)

In Bureaucracy, Business, History, Law, Politics, Social commentary on August 5, 2014 at 8:56 am

A majority of Americans–53%–disapprove of the Affordable Care Act (ACA), better known as Obamacare.

So says a July healthcare tracking poll of the Henry J. Kaiser Family Foundation, a non-profit organization focusing on national health issues

This is clearly a plus/minus situation for President Barack Obama.

On the positive side:  According to the Department of Health and Human Services, Obamacare enrollment has cut the number of uninsured people in the nation by 10 million.

On the negative side: Obamacare has always had weak support among the American public.  Among the reasons for this:

  • Constant Republican attacks labeling the law as “socialistic” (by which they mean “communistic”).
  • Public opposition to the individual mandate that almost everyone obtain coverage.
  • Many Americans think they can’t afford the insurance sold on the Obamacare exchanges–and don’t know that financial aid is available.

Among the poll’s findings:

  • Sixty percent of the public wants Congress to improve the Affordable Care Act, not repeal and replace it.
  • Thirty-eight percent were unaware that the Act offers consumers a choice among private health plans.
  • Less than half of those polled–47%–say they have discussed the law with friends or family.
  • Of that 47%, a majority–27%–say they’ve heard more bad than good about the law in these conversations.
  • Healthcare isn’t a top priority for Americans right now–except for medical care for veterans (71%).

Among those issues the public does rate as highly important:

  • Economy and jobs (70%)
  • Federal budget deficit (68%)
  • Education (66%)
  • Social Security (65%)
  • Illegal imigration (61%)

Click here: Kaiser Health Tracking Poll: July 2014 | The Henry J. Kaiser Family Foundation

Barack Obama is easily one of the most highly educated Presidents in United States history.

He is a graduate of Columbia University (B.A. in political science in 1983).

In 1988, he entered Harvard Law School, graduating magna cum laude–“with great honor”–in 1991.  He was selected as an editor of the Harvard Law Review at the end of his first year, and president of the journal in his second year.

President Barack Obama

He then taught constitutional law at the University of Chicago Law School for 12 years—as a Lecturer from 1992 to 1996, and as a Senior Lecturer from 1996 to 2004.

So where did he go so wrong?   Several ways:

Obama Mistake No. 1: Putting off what people wanted while concentrating on what they didn’t.

Obama started off well when he took office.  Americans had high expectations of him.

This was partly due to his being the first black elected President.  And it was partly due to the disastrous legacies of needless war and financial catastrophe left by his predecessor, George W. Bush.

Obama entered office intending to reform the American healthcare system, to make medical care available to all citizens, and not just the richest.

But that was not what the vast majority of Americans wanted him to concentrate his energies on. With the loss of 2.6 million jobs in 2008, Americans wanted Obama to find new ways to create jobs.

This was especially true for the 11.1 million unemployed, or those employed only part-time.

Jonathan Alter, who writes sympathetically about the President in The Center Holds: Obama and His Enemies, candidly states this.

But Obama chose to spend most of his first year as President pushing the Affordable Care Act (ACA)–which soon became known as Obamacare–through Congress.

The results were:

  • Those desperately seeking employment felt the President didn’t care about them.
  • The reform effort became a lightning rod for Right-wing groups like the Tea Party.
  • In 2010, a massive Rightist turnout cost the Democrats the House of Representatives, and threatened Democratic control of the Senate.

Obama Mistake No. 2: He underestimated the amount of opposition he would face to the ACA.

For all of Obama’s academic brilliance and supposed ruthlessness as a “Chicago politician,” he has displayed an incredible naivety in dealing with his political opposition.

Niccolo Machiavelli (4169-1527), the Florentine statesman and father of modern politics, could have warned him of the consequences of this–through the pages of his famous treatise on the realities of politics: The Prince.

Niccolo Machiavelli

And either Obama skipped those chapters or ignored their timeless advice for political leaders.

He should have started with Chapter Six: “Of New Dominions Which Have Been Acquired By One’s Own Arms and Ability”:

…There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things. 

For the reformer has enemies in all those who profit by the old order, and only lukewarm defenders in all those who would profit by the new order, this lukewarmness arising partly from fear of their adversaries, who have the laws in their favor, and partly from the incredulity of mankind, who do not truly believe in anything new until they have had actual experience of it.

GREED WILL FIND A WAY

In Bureaucracy, Business, History, Law, Politics on August 4, 2014 at 10:17 am

When William J. Casey–the future director of the Central Intelligence Agency– was a young attorney, he learned an important lesson.

During the Great Depression, jobs were hard to come by.  So Casey thought himself lucky to land one at the Tax Research Institute of America in New York.

His task was to closely read New Deal legislation and write reports explaining it to corporate chieftains.

He quickly learned that businessmen neither understood nor welcomed Franklin D. Roosevelt’s efforts to reform American capitalism.

Businessmen didn’t want legal commentary.  Instead, they wanted to know: “What’s the minimum we have to do to comply with the law?”

In short: How do we get by FDR’s new programs?

Fifty years later, Casey would bring a similar mindset to his duties as director of the Central Intelligence Agency for President Ronald Reagan.

William J. Casey

He was presiding over the CIA when it repeatedly violated Congress’ ban on funding the “Contras,” the right-wing death squads of Nicaragua.  The resulting scandal almost destroyed the CIA

But the “Casey Doctrine” of minimum compliance didn’t die with Casey (who expired of a brain tumor in 1987).

It’s very much alive among the American business community as President Barack Obama seeks to give medical coverage to all Americans, and not simply the ultra-wealthy.

The single most important provision of the Affordable Care Act (ACA)–better known as Obamacare–requires large businesses to provide insurance to full-time employees who work more than 30 hours a week.

For part-time employees, who work fewer than 30 hours, a company isn’t penalized for failing to provide health insurance coverage.

Obama prides himself on being a tough-minded practitioner of “Chicago politics.”  So it’s easy to assume that he took the “Casey Doctrine” into account when he shepherded the ACA through Congress.

But he didn’t.

The result was predictable.  And its consequences are daily becoming more clear.

Employers feel motivated to move fulltime workers into part-time positions–and thus avoid

  • providing their employees with medical insurance and 
  • a fine for non-compliance with the law.
Some employers have openly shown their contempt for President Obama–and the idea that employers actually have an obligation to those who make their profits a reality.
The White Castle hamburger chain is considering hiring only part-time workers in the future to escape its obligations under Obamacare.

No less than Jamie Richardson, its vice president, has admitted this in an interview.

“If we were to keep our health insurance program exactly like it is with no changes, every forecast we’ve looked at has indicated our costs will go up 24%.”

Richardson claimed the profit per employee in restaurants is only $750 per year.  So, as he sees it, giving health insurance to all employees over 30 hours isn’t feasible.

Nor is Richardson the only corporate executive determined to shirk his responsibility to his employees.

John Schnatter, CEO of Papa John’s Pizza, has been quoted as saying:

  1. The prices of his pizzas will go up–by eleven to fourteen cents price increase per pizza, or fifteen to twenty cents per order; and
  2. He will pass along these costs to his customers.

“If Obamacare is in fact not repealed,” Schnatter told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”

After all, why should a multi-million-dollar company show any concern for those who make its profits a reality?

 John Schnatter

Consider:

  • Papa John’s is the third-largest pizza takeout and delivery chain in the United States.
  • Its 2012 revenues were $318.6 million, an 8.5 percent increase from 2011 revenues of $293.5 million.
  • Its 2012 net income was $14.8 million, compared to its 2012 net income of $12.1 million.

In May, 2012, Schnatter hosted a fundraising event for Republican Presidential candidate Mitt Romney at his own Louisville, Kentucky mansion.

“What a home this is,” gushed Romney.  “What grounds these are, the pool, the golf course.

“You know, if a Democrat were here he’d look around and say no one should live like this. Republicans come here and say everyone should live like this.”

Of course, Romney conveniently ignored a brutally ugly fact:

For the vast majority of Papa John’s minimum-wage-earning employees-–many of them working only part-time-–the odds of their owning a comparable estate are non-existent.

Had Obama been the serious student of Realpolitick that he claims to be, he would have predicted that most businesses would seek to avoid compliance with his law.

And had he been the ruthless practitioner of “Chicago politics,” as his enemies claim, he would have required all employers to provide insurance coverage for all of their employees—regardless of their fulltime or part-time status.

This, in turn, would have provided two substantial benefits:

  1. All employees would have been able to obtain medical coverage; and
  2. Employers would have been encouraged to provide fulltime positions rather than part-time ones, since they would feel: “Since I’m paying for fulltime insurance coverage, I should be getting fulltime work in return.”

The “Casey Doctrine” needs to be kept constantly in mind when reformers try to protect Americans from predatory employers.

DEMOCRACY BECOMES A THUGOCRACY

In Bureaucracy, History, Politics, Social commentary on April 7, 2014 at 12:07 am

And the most glorious exploits do not always furnish us with the clearest discoveries of virtue or vice in men; sometimes a matter of less moment, an expression or a jest, informs us better of their characters and inclinations, than the most famous sieges, the greatest armaments, or the bloodiest battles whatsoever.

–Plutarch, Life of Alexander

In 1994, Newt Gingrich, then Speaker of the House of Representatives, shut down the Federal Government.

Officially, the reason was a budget impasse with President Bill Clinton.  Unofficially–and in reality–the reason was altogether different.

Clinton had forced him to sit in the back of Air Force One on a trip to Israel for the funeral of former prime minister Yitzhak Rabinl.

“This is petty,” Gingrich confessed to startled reporters. “I’m going to say up front it’s petty, But I think it’s human.

“When you land at Andrews [Air Force Base, in Washington, D.C.] and you’ve been on the plane for 25 hours and nobody has talked to you and they ask you to get off by the back ramp….

“You just wonder, where is their sense of manners, where is their sense of courtesy?”

Gingrich’s childish verbal tirade was a public relations disaster for the Republicans. “Cry Baby,” screamed the New York Daily News, next to a picture of Gingrich in a diaper.

When House Democrats brought a poster-sized image of the cartoon onto the floor, the Republican majority forced them to remove it.

But the damage was done, and Republicans paid a fearful price for the shutdown and Gingrich’s candor about the reason for it.

Fast forward 19 years later, and, once again, the public–and, most especially, federal employees–faced the hardships of another Republican-led government shutdown.

The official reason given by Republicans was: They wanted to save the country from the dangers of providing healthcare insurance to all Americans, not simply the wealthiest 1%.

To hear Republicans tell it, Obamacare–actually, the Affordable Care Act–would “destroy the medical system as we know it.”

The Act aims to:

  • Increase the quality and affordability of health insurance;
  • Lower the uninsured rate by expanding public and private insurance coverage;
  • Reduce the costs of healthcare for individuals and the government;
  • Forbid insurance companies the right to deny coverage for “pre-existing conditions”; and
  • Require employers with more than 50 employees to offer health insurance to their fulltime workers–or pay a large penalty.

Republicans also claimed that it would bankrupt the country–although the Congressional Budget Office stated that the ACA would lower future deficits and Medicare spending.

After passing the House and Senate, the ACA was signed into law by President Barack Obama on March 23, 2010.

On June 28, 2012, the United States Supreme Court–whose Chief Justice, John Roberts, is a Republican–upheld the constitutionality of the ACA,

Yet House Republicans continued searching for a way to stop the law from taking effect.  By September, 2013, they had voted 42 times to repeal “Obamacare.”

But their efforts achieved nothing, since the Democratic-led Senate refused to go along with such legislation.

Finally, unable to legally overturn the Act or to legislatively repeal it, House Republicans fell back on something much simpler.

Threats and fear.

Threats–of voting to shut down salaries paid to most Federal employees.

Most employees, because they themselves would continue to draw hefty salaries while they were denying them to FBI agents, air traffic controllers and members of the military, among others.

And fear–that would be generated throughout the Federal government, the United States and America’s international allies.

It was the my-way-or-else “negotiating” style of Adolf Hitler:  Do-as-I-say-or-I-will-destroy-you.

When Obama and Senate Democrats refused to knuckle under to yet another Republican extortion effort, House Republicans made good on their threat.

They shut down the government.

Republicans claimed that Obama and Senate Democrats were the ones who refused to see reason and negotiate.

By “negotiate,” they meant: Agree to Republican demands to de-fund “Obamacare.”

But then the unthinkable happened: A Republican gave away the real reason for the shutdown.

“We’re not going to be disrespected,” Rep. Marlin Stutzman (R-Ind.) told the Washington Examiner. “We have to get something out of this.  And I don’t know what that even is.”

Marlin Stutzman

With Newt Gingrich, the real reason for the government shutdown was his petty ego.

A subsidiary reason was to bully President Clinton into gutting Republican-despised Federal programs to help the poor and middle-class.

Nineteen years later, Republicans–as admitted by Martlin Stutzman–were out to get “respect.”

And they were out to get it the same way a thuggish gang leader gets it: By demanding: “Do what I say or I’ll kill you.”

At the end of World War II, Americans tried to cleanse West Germany of its former Nazi leaders and their supporters.

Such thuggishness will continue unless, somehow, Americans cleanse their own government of those who “negotiate” Nazi-Republican style.

CRIMINALS WILL ALWAYS BE CRIMINALS

In Bureaucracy, Business, History, Law, Politics, Social commentary on February 21, 2014 at 4:08 pm

State and local governments are trying to deny their part-time employees healthcare benefits under the Affordable Care Act.

These workers include prison guards, police dispatchers and substitute teachers.

President Barack Obama’s health-care reform law requires employers to provide insurance for part-time employees who work more than 30 hours per week.

Yet many government employers claim they can’t afford it–and plan to limit worker hours to 29 per week instead.  Among those states affected:

  • “Our choice was to cut the hours or give them health care, and we could not afford the latter,” Dennis Hanwell, the Republican mayor of Medina, Ohio, said in an interview with the New York Times.
  • Lawrence County, in western Pennsylvania, reduced the limit for part-time employees to 28 hours a week, from 32.
  • In Virginia, part-time state employees are generally not allowed to work more than 29 hours a week on average over a 12-month period.

President Obama and those who helped craft the Affordable Care Act may be surprised at what has happened.  But they shouldn’t be.

It was, in fact, entirely predictable.  Consider the following:

When William J. Casey wa a young attorney during the Great Depression, he learned an important lesson.

Jobs were hard to come by, so Casey thought himself lucky to land one at the Tax Research Institute of America in New York.

His task was to closely read New Deal legislation and write reports explaining it to corporate chieftains.

He quickly learned that businessmen neither understood nor welcomed Franklin D. Roosevelt’s efforts to reform American capitalism.

Businessmen didn’t want legal commentary.  Instead, they wanted to know: “What must we do to achieve minimum compliance with the law?”

In short: How do we get by FDR’s new programs?

Fifty years later, Casey would bring a similar mindset to his duties as director of the Central Intelligence Agency for President Ronald Reagan.

He was presiding over the CIA when it deliberately violated Congress’ ban on funding the “Contras,” the right-wing death squads of Nicaragua.

But the “Casey Doctrine” of minimum compliance didn’t die with Casey (who expired of a brain tumor in 1987).

It’s very much alive among the American business and political communities as President Obama seeks to give medical coverage to all Americans, and not simply the ultra-wealthy.

For part-time employees, who work fewer than 30 hours, a company isn’t penalized for failing to provide health insurance coverage.

Obama prides himself on being a tough-minded practitioner of “Chicago politics.”  So it’s easy to assume that he took the “Casey Doctrine” into account when he shepherded the ACA through Congress.

But he didn’t.

The result was predictable.  And its consequences are daily becoming more clear.

Employers feel motivated to move fulltime workers into part-time positions–and thus avoid

  • providing their employees with medical insurance and 
  • a fine for non-compliance with the law.

Some employers have openly shown their contempt for President Obama–and the idea that employers actually have an obligation to those who make their profits a reality.

One of these is John Schnatter, CEO of Papa John’s Pizza, who has been quoted as saying:

  1. The prices of his pizzas will go up–by eleven to fourteen cents price increase per pizza, or fifteen to twenty cents per order; and
  2. He will pass along these costs to his customers.

“If Obamacare is in fact not repealed,” Schnatter told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our shareholders’ best interests.”

After all, why should a multi-million-dollar company show any concern for those who make its profits a reality?

Consider:

  • Papa John’s is the third-largest pizza takeout and delivery chain in the United States.
  • Its 2012 revenues were $318.6 million, an 8.5 percent increase from 2011 revenues of $293.5 million.
  • Its 2012 net income was $14.8 million, compared to its 2012 net income of $12.1 million.

Had Obama been the serious student of Realpolitick that he claims to be, he would have predicted that most businesses would seek to avoid compliance with his law.

To counter that, he need only have required all employers to provide insurance coverage for all of their employees—regardless of their fulltime or part-time status.

This, in turn, would have provided two substantial benefits:

  1. All employees would have been able to obtain medical coverage; and
  2. Employers would have been encouraged to provide fulltime positions rather than part-time ones, since they would feel: “Since I’m paying for fulltime insurance coverage, I should be getting fulltime work in return.”

The “Casey Doctrine” needs to be kept constantly in mind when reformers try to protect Americans from predatory employers.

MACHIAVELLI SAW IT COMING

In Bureaucracy, History, Law, Politics on November 25, 2013 at 12:30 am

All the warning signs were there in The Prince for anyone to read.

Especially President Barack Obama.

And either he skipped those chapters or he ignored their timeless advice for political leaders.

The chapter he should have started with was 6: “Of New Dominions Which Have Been Acquired By One’s Own Arms and Ability.”

Niccolo Machiavelli

Early in his first term as President, Obama decided to reform the American healthcare system.  Before taking any such action, he should have carefully considered the following:

…There is nothing more difficult to carry out, nor more doubtful of success, nor more dangerous to handle, than to initiate a new order of things. 

For the reformer has enemies in all those who profit by the old order, and only lukewarm defenders in all those who would profit by the new order, this lukewarmness arising partly from fear of their adversaries, who have the laws in their favor, and partly from the incredulity of mankind, who do not truly believe in anything new until they have had actual experience of it.

Another chapter he should have consulted was 19: “That We Must Avoid Being Despised and Hated.”

For openers, Niccolo Machiavelli writes:

…The prince must…avoid those things which will make him hated or despised.  And whenever he succeeds in this, he will have done his part, and will find no danger in other vices….

He is rendered despicable by being thought changeable, frivolous, effeminate, timid and irresolute—which a prince must guard against as a rock of danger…. 

[He] must contrive that his actions show grandeur, spirit, gravity and fortitude.  As to the government of his subjects, let his sentence be irrevocable, and let him adhere to his decisions so that no one may think of deceiving or cozening him.

The prince who creates such an opinion of himself gets a great reputation, and it is very difficult to conspire against one who has a great reputation.  [He] will not be easily attacked, so long as it is known that he is capable and reverenced by his subjects.

Obama started off well.  Americans had high expectations of him.

This was partly due to his being the first black elected President.  And it was partly due to the legacies of needless war and financial catastrophe left by his predecessor, George W. Bush.

Obama entered office intending to reform the American healthcare system, to make medical care available to all citizens, and not just the richest.

But that was not what the vast majority of Americans wanted him to concentrate his energies on. With the loss of 2.6 million jobs in 2008, Americans wanted Obama to find new ways to create jobs.

This was especially true for the 11.1 million unemployed, or those employed only part-time.

Jonathan Alter, who writes sympathetically about the President in The Center Holds: Obama and His Enemies, candidly states this.

But Obama chose to spend most of his first two years as President pushing the Affordable Care Act (ACA)–which soon became known as Obamacare–through Congress.

The results were:

  • Those desperately seeking employment felt the President didn’t care about them.
  • The reform effort became a lightning rod for conservate groups like the Tea Party.
  • In 2010, a massive right-wing turnout cost the Democrats the House of Representatives, and threatened Democratic control of the Senate.

Yet even worse was to come for the President.

Throughout his campaign to win support for the ACA, Obama had repeatedly promised that, under it:  “If you like your health insurance plan, you can keep your plan. Period.  If you like your doctor, you can keep your doctor.  Period.”

But, hidden in the 906 pages of the law, was a fatal catch for the President’s own credibility.

The law stated that those who already had medical insurance could keep their plans–so long as those plans met the requirements of the new healthcare law.

If their plans didn’t meet those requirements, they would have to obtain coverage that did.

It soon turned out that a great many Americans wanted to keep their current plan–even if it did not provide the fullest possible coverage.

Suddenly, the President found himself facing a PR nightmare: Charged and ridiculed as a liar.

Even Jon Stewart, who on “The Daily Show” had supported the implementation of “Obamacare,” ran footage of Obama’s “you can keep your doctor” promise.

Jon Stewart

The implication: You said we could keep our plan/doctor; since we can’t, you must be a liar.

As a result, the President now finds his reputation for integrity–long his greatest asset–shattered.

According to a CBS poll released on November 20, only 37% of Americans approve of Obama’s job performance, down from 46% in late October.  CBS called that rating “the lowest of his presidency.”

All of which takes us to the final warning offered by Machiavelli:

Whence it may be seen that hatred is gained as much by good works as by evil….

NEGOTIATING WITH NAZIS AND REPUBLICANS

In History, Military, Politics on October 21, 2013 at 10:21 pm

On October 1, Speaker of the House John Boehner (R-Ohio) said President Barack Obama told Congressional leaders at a White House meeting that “he will not negotiate.”

Boehner accused Democrats of being unwilling to negotiate key elements of the Affordable Care Act–in return for Republican agreement on a spending bill.

The Republicans were seeking–for now–a one-year delay in the rolling out of “Obamacare.”

Obama, in turn, said that he would not submit to Republican “extortion” and “blackmail.”

He said that the House should pass a “clean” spending bill–one without conditions–that met America’s obligations to its citizens and creditors.  Only then would be be willing to discuss possible changes in “Obamacare.”

Republicans countered with slogans such as: “If Obama will negotiate with [Russian President] Vladimir Putin, why won’t he negotiate with Congress?”

Seventy-three years ago, another democratic leader found himself accused of being unreasonable and unwilling to negotiate.

That leader was British Prime Minister Winston Churchill.  And those accusing him were among the most powerful men in the Third Reich.

Winston Churchill

This was not a favorable time for Britain.

On September 1, 1939, Adolf Hitler had ordered his Whermacht (army) to invade Poland.  In six weeks, Polish resistance vanished and Poland became the first of a series of Nazi vassal-states.

Then, on May 10, 1940, after waiting out the winter, Hitler’s army quickly overran Norway and Denmark.

And then it was the turn of France.

In six weeks, the German army accomplished what it couldn’t during the four years of World War 1.  It  bypassed the heavily defended Maginot Line and destroyed one French army after another.

The defeated French were forced to sign the armistice in the same railway car they had used in 1918 when they forced Germany to surrender after World War 1.

Although the British had committed their air force and army to defending France, both had been easily swept aside by the Wehrmact and Luftwaffe (air force).

Driven almost literally into the sea, the British evacuated about 338,226 men from the port of Dunkirk.  It was a miracle made possible by Hitler’s unexplained halt of the German advance and the arrival of a fleet of civilian and naval vessels from England.

“The battle of France is over,” Churchill warned his countrymen.  “The battle of Britain is about to begin.”

But not before Hitler offered his own version of “peace with honor.”

On July 19, the Fuehrer addressed the Reichstag, Germany’s rubber-stamp parliament:

“From Britain I now hear only a single cry–not of the people but of the politicians–that the war must go on….

Hitler addressing the Reichstag

“Mr. Churchill ought, for once, to believe me when I prophesy that a great Empire will be destroyed–an Empire which it was never my intention to destroy or even to harm.

“In this hour I feel it to be my duty before my own conscience to appeal once more to reason and common sense in Great Britain as well as elsewhere.

“I consider myself in a position to make this appeal since I am not the vanquished begging favors but the victor speaking in the name of reason.

“I see no reason why this war must go on.”

The assembled parliamentary deputies and bemedaled generals were convinced the British would accept Hitler’s “generous” offer of peace.

They took it for granted that the British would be grateful for the opportunity  Hitler was giving them to get out of the war.

The Fuehrer, they believed, had been truly magnanimous.  How could the British be insane enough to turn him down?

Soon enough, they–and the Fuehrer–got their answer.

Correspondent William L. Shirer, waiting to make a broadcast at the CBS studio in Berlin, listened as the BBC introduced one of its own correspondents.

Sefton Delmner, fluent in German, had covered Nazi Germany for years.  Although not authorized to speak for the British Government, his response could have come directly from Churchill himself.

Sefton Delmer

“Herr Hitler,” said Delmer in his most deferential German, “you have on occasion in the past consulted me as to the mood of the British public.

“So permit me to render Your Excellency this little service once again tonight.

“Let me tell you what we here in Britain think of this appeal of yours to what you are pleased to call our reason and common sense.  Herr Fuehrer and Reichskanzler [Reich Chancellor] we hurl it right back to you, right in your evil-smelling teeth.”

German officials listening to the broadcast in Shirer’s office were stunned.

“Can you make it out?” one demanded of Shirer.  “Can you understand those British fools?  To turn down peace now?  They’re crazy!”

Although devastated by the forthcoming bombing raids of Hitler’s Luftwaffe, England held out.

Months later, it gained two powerful allies: The Soviet Union (invaded by Hitler on June 22, 1941) and the United States (attacked by Japan on December 7, 1941).

In the end, by standing up to Fascist aggression, England and its democracy were saved.

Americans can only hope the same proves true for their country.

DEMOCRACY BECOMES A THUGOCRACY

In Bureaucracy, History, Law on October 7, 2013 at 1:24 am

And the most glorious exploits do not always furnish us with the clearest discoveries of virtue or vice in men; sometimes a matter of less moment, an expression or a jest, informs us better of their characters and inclinations, than the most famous sieges, the greatest armaments, or the bloodiest battles whatsoever.

–Plutarch, Life of Alexander

In 1994, Newt Gingrich, then Speaker of the House of Representatives, shut down the Federal Government.

Officially, the reason was a budget impasse with President Bill Clinton.  Unofficially–and in reality–the reason was altogether different:

Clinton had forced him to sit in the back of Air Force One on a trip to Israel for the funeral of former prime minister Yitzhak Rabinl.

“This is petty,” Gingrich confessed to startled reporters. “I’m going to say up front it’s petty, But I think it’s human.

“When you land at Andrews [Air Force Base, in Washington, D.C.] and you’ve been on the plane for 25 hours and nobody has talked to you and they ask you to get off by the back ramp . . . You just wonder, where is their sense of manners, where is their sense of courtesy?”

Gingrich’s childish verbal tirade was a public relations disaster for the Republicans. “Cry Baby,” screamed the New York Daily News, next to a picture of Gingrich in a diaper.

When House Democrats brought a poster-sized image of the cartoon onto the floor, the Republican majority forced them to remove it.

But the damage was done, and Republicans paid a fearful price for the shutdown and Gingrich’s candor about the reason for it.

Now, here we are, 19 years later, and, once again, the public–and, most especially, federal employees–are facing the hardships of another Republican-led government shutdown.

Once again, the official reason given by Republicans is: They want to save the country from the dangers of providing healthcare insurance to all Americans, not simply the wealthiest 1%.

To hear Republicans tell it, Obamacare–actually, the Affordable Care Act–will “destroy the medical system as we know it.”

The Act aims to:

  • Increase the quality and affordability of health insurance;
  • Lower the uninsured rate by expanding public and private insurance coverage;
  • Reduce the costs of healthcare for individuals and the government;
  • Forbid insurance companies the right to deny coverage for “pre-existing conditions”; and
  • Require employers with more than 50 employees to offer health insurance to their fulltime workers–or pay a large penalty.

Republicans also claim that it will bankrupt the country–although the Congressional Budget Office stated that the ACA will lower future deficits and Medicare spending.

After passing the House and Senate, the ACA was signed into law by President Baraco Obama on March 23, 2010.

On June 28, 202, the United States Supreme Court–whose Chief Justice, John Roberts, is a Republican–upheld the constitutionality of the ACA in the case,

Yet House Republicans continued searching for a way to stop the law from taking effect.  By September, 2013, they had voted 42 times to repeal “Obamacare.”

But their efforts achieved nothing, since the Democratic-led Senate made it clear it would never go along with such legislation.

Finally, unable to legally overturn the Act or to legislatively repeal it, the House Republicans fell back on something much simpler.

Threats and fear.

Threats–of voting to shut down salaries paid to most Federal employees.

Most, because they themselves would continue to draw hefty salaries while they were denying them to FBI agents, air traffic controllers and members of the military, among others.

And fear–that would be generated throughout the Federal government, the United States and America’s international allies.

It was the my-way-or-else “negotiating” style of Adolf Hitler:  Do-as-I-say-or-I-will-destroy-you.

When Obama and Senate Democrats refused to knuckle under to yet another Republican extortion effort, House Republicans made good on their threat.

They “shut down the government.”

Since then, Republicans have repeatedly claimed it is Obama and Senate Democrats who refuse to see reason and negotiate.  By “negotiate,” they mean agree to Republican demands to de-fund “Obamacare.”

But now a Republican has given away the real reason for the shutdown.

“We’re not going to be disrespected,” Rep. Marlin Stutzman (R-Ind.) told the Washington Examiner. “We have to get something out of this.  And I don’t know what that even is.”

Marlin Stutzman

With Newt Gingrich, the real reason for the government shutdown was his petty ego.

Of course, another major reason was his desire to bully President Clinton into gutting Republican-despised Federal programs to help the poor and middle-class.

Now, 19 years later, Republicans–as admitted by Martlin Stutzman–are out to get “respect.”

And they’re trying to get it the same way a thuggish gang leader tries to get it: By demanding: “Do what I say or I’ll kill you.”

At the end of World War II, Americans tried to cleanse West Germany of its former Nazi leaders and their supporters.

The thuggishness we are now witnessing will continue until, somehow, we cleanse our own government of those who “negotiate” Nazi-Republican style.

Follow

Get every new post delivered to your Inbox.

Join 1,377 other followers

%d bloggers like this: