bureaucracybusters

Posts Tagged ‘UNEMPLOYMENT’

TRUST YOUR BOSS LIKE HE’S GOD–AND SEE WHAT HAPPENS

In Business, History, Politics, Social commentary on October 10, 2014 at 12:25 am

Microsoft CEO Satya Nadella says women don’t need to ask for a raise. They should just trust “the system.”

Speaking on October 9 at an event in Phoenix to celebrate women in computing, Nadella was asked: What advice do you have for women who feel uncomfortable asking for a raise?

His reply:  “It’s not really about asking for the raise, but knowing and having faith that the system will actually give you the right raises as you go along.

“Because that’s good karma.  It’ll come back because somebody’s going to know that’s the kind of person that I want to trust.”

Satya Nadella

This from a CEO at whose company women comprise only 29% of its more than 100,000 employees.  And where its CEO has a net worth of $45 million.

Click here: Satya Nadella – Wikipedia, the free encyclopedia

If it’s true that corporations are people, then they are exceptionally greedy and selfish people.

A December, 2011 report by Public Campaign, highlighting corporate abuses of the tax laws, makes this all too clear.

Public Campaign is a national nonpartisan organization dedicated to reforming campaign finance laws and holding elected officials accountable.

Summarizing its conclusions, the report’s author writes:

“Amidst a growing federal deficit and widespread economic insecurity for most Americans, some of the largest corporations in the country have avoided paying their fair share in taxes while spending millions to lobby Congress and influence elections.”

Its key findings:

  • The 30 big corporations analyzed in this report paid more to lobby Congress than they paid in federal income taxes between 2008 and 2010, despite being profitable.
  • Despite making combined profits totaling $164 billion in that three-year period, the 30 companies combined received tax rebates totaling nearly $11 billion.
  • Altogether, these companies spent nearly half a billion dollars ($476 million) over three years to lobby Congress. That’s about $400,000 each day, including weekends.
  • In the three-year period beginning in 2009 through most of 2011, these large firms spent over $22 million altogether on federal campaigns.
  • These corporations have also spent lavishly on compensatng their top executives ($706 million altogether in 2010).

Among those corporations whose tax-dodging and influence-buying were analyzed:

  • General Electric
  • Verizon
  • PG&E
  • Wells Fargo
  • Duke Energy
  • Boeing
  • Consolidated Edison
  • DuPont
  • Honeywell International
  • Mattel
  • Corning
  • FedEx
  • Tenet Healthcare
  • Wisconsin Energy
  • Con-way

The report bluntly cites the growing disparity between the relatively few rich and the vast majority of poor and middle-class citizens:

“Over the past few months, a growing protest movement has shifted the debate about economic inequality in this country.

“The American people wonder why members of Congress suggest cuts to Medicare and Social Security but won’t require millionaires to pay their fair share in taxes.

“They want to know why they are struggling to find jobs and put food on the the table while the country’s largest corporations get tax breaks and sweetheart deals, then use that extra cash to pay bloated bonuses to CEOs or ship jobs overseas.

“….At a time when millions of Americans are still unemployed and millions more make tough choices to get by, these companies are enriching their top executives and spending millions of dollars on Washington lobbyists to stave off higher taxes or regulations.”

Assessing the results of corporate tax-dodging, the report states:

  • Using various tax dodging techniques, including stashing profits in overseas tax havens and tax loopholes, 29 out of 30 companies featured in this study succeeded in paying no federal income taxes from 2008 through 2010.
  • These 29 companies received tax rebates over those three years, ranging from $4 million for Corning to nearly $5 billion for General Electric and totally nearly $11 billion altogether.
  • The only corporation that paid taxes in that three-year period, FedEx, paid a three-year tax rate of 1%, far less than the statutory rate of 35%.

The report bluntly notes the hypocrisy of corporate executives who call themselves “job creators” while enriching themselves by laying off thousands of employees:

“Another area where these corporations have decided to spend lavishly is compensation for their top executives ($706 million altogether in 2010).

“Executives doing particularly well work for General Electric ($76 million in total compensation in 2010), Honeywell International ($54 million), and Wells Fargo ($50 million).

“Executives who have seen the greatest increase work for DuPont (188% increase), Wells Fargo (180% increase) and Verizon (167% increase).

Despite being profitable, some of these corporations have actually laid off workers.

Since 2008, seven of the corporations have reported laying off American workers. The worst offenders–by 2011–are Verizon, which laid off at least 21,308 workers, and Boeing, which fired at least 14,862 employees.

Insisting that “corporations are people” wins applause from the wealthiest 1% and their Right-wing shills. But it does nothing to better the lives of the increasingly squeezed poor and middle-class.

If the nation is to avoid economic and moral bankruptcy, Americans must demand that powerful corporations be held accountable–and punished harshly when they behave irresponsibly.

IT’S A WONDERFUL LIFE–AND AN EVIL CEO

In Business, Entertainment, Politics, Social commentary on October 8, 2014 at 12:12 am

Every Christmas, TV audiences find comfort and triumph in the rerunning of a black-and-white 1946 movie: It’s a Wonderful Life.

It’s the story of George Bailey (James Stewart), a decent husband and father who hovers on the brink of suicide–until his guardian angel, Clarence, suddenly intervenes.

Its A Wonderful Life Movie Poster.jpg

Clarence reveals to George what his home town, Bedford Falls, New York, would be like if he had never been born.  George finds himself shocked to learn:

  • With no counterweight to the schemes of rapacious slumlord Henry F. Potter, Bedford Falls becomes Potterville, filled with pawn shops and sleazy nightclubs.
  • With no George Bailey to save his younger brother, Harry, from drowning in a frozen pond, Harry drowns.
  • With no Harry to live to become a Naval fighter pilot in World War II, he’s not on hand to shoot down two Japanese planes targeting an American troopship.
  • As a result, the troopship and its crew are destroyed.

George is forced to face the significant role he has played in the lives of so many others.

Armed with this knowledge, he once again embraces life, running through the snow-covered streets of Bedford Falls and shouting “Merry Christmas!” to everyone he meets.

Audiences have hailed George Bailey as an Everyman hero–and the film as a life-affirming testatment to the unique importance of each individual.

But there is another aspect of the movie that has not been so closely studied: The legacy of its villain, Henry F. Potter, who, as  played by Lionel Barrymore, bears a striking resemblance to former Vice President Dick Cheney.

Lionel Barrymore as Mr. Potter.jpg

Henry F. Potter

It is Potter–the richest man in Bedford Falls–whose insatiable greed threatens to destroy it.  And it is Potter whose criminality drives George Bailey to the brink of suicide.

The antagonism between Bailey and Potter starts early in the movie.  George dreams of leaving Bedford Falls and building skyscrapers.  Meanwhile, he works at the Bailey Building and Loan Association, which plays a vital role in the life of the community.

Potter, a member of the Building and Loan Association board, tries to persuade the board of directors to dissolve the firm. He objects to their providing home loans for the working poor.

George persuades them to reject Potter’s proposal, but they agree only on condition that George run the Building and Loan.  Reluctantly, George agrees.

Later, Potter tries to lure George away from the Building and Loan, offering him a $20,000 salary and the chance to visit Europe.  George is briefly tempted.

But then he realizes that Potter intends to close down the Building and Loan and deny financial help to those who most need it.  Angrily, he turns down Potter’s offer:

“You sit around here and you spin your little webs and you think the whole world revolves around you and your money. Well, it doesn’t, Mr. Potter!

“In the whole vast configuration of things, I’d say you were nothing but a scurvy little spider.”

It is a setback for Potter, but he’s willing to bide his time for revenge.

On Christmas Eve morning, the town prepares a hero’s welcome for George’s brother, Harry.  George’s scatter-brained Uncle Billy visits Potter’s bank to deposit $8,000 of the Building and Loan’s cash funds.

He taunts Potter by reading the newspaper headlines announcing the coming tribute.  Potter  snatches the paper, and Billy unthinkingly allows the money to be snatched with it.

When Billy leaves, Potter opens the paper and sees the money.  He keeps it, knowing that misplacement of bank money will bankrupt the Building and Loan and bring criminal charges against George.

But at the last minute, word of George’s plight reaches his wide range of grateful friends.  A flood of townspeople arrive with more than enough donations to save George and the Building and Loan.

The movie ends on a triumphant note, with George basking in the glow of love from his family and friends.

But no critic seems to have noticed that Henry Potter’s theft has gone unnoticed.  (Uncle Billy can’t recall how he lost the money.)  Potter is richer by $8,000.  And ready to go on taking advantage of others.

Perhaps it’s time to see Potter’s actions in a new light–that of America’s richest 1%, ever ready to prey upon the weaknesses of others.

Justice never catches up with Potter in the movie.  But the joke-writers at Saturday Night Live have conjured up a satisfactory punishment for his avarice.

In this version, Uncle Billy suddenly remembers that he left the money with Potter.  Enraged, George Bailey (Dana Carvey) leads his crowd of avenging friends to Potter’s office.

Potter realizes the jig is up and offers to return the money.  But George wants more than that–and he and his friends proceed to stomp and beat Potter to death.

The skit ends with with George and his friends singing “Auld Ang Syne”–as they do in the movie–as they finish off Potter with clubs.

Click here: SNL and Dana Carvey perform the “Alternate Ending of Its a Wonderful Life!

America is rapidly a divided nation–one where the richest 1% lord it over an increasingly impoverished 99%.

The time may be coming when many Americans are ready to embrace the SNL approach to economic justice.

OUTLAW THE JOB-KILLERS: PART THREE (END)

In Business, History, Law, Politics, Social commentary on September 12, 2014 at 12:03 am

The last seven provisions of a nationwide Employers Responsibility Act would read as follows:

(9) Employers refusing to hire would be required to pay an additional “crime tax.”

Sociologists and criminologists agree that “the best cure for crime is a job.” Thus, employers who refuse to hire contribute to a growing crime rate in this Nation. Such non-hiring employers would be required to pay an additional tax, which would be earmarked for agencies of the criminal justice system at State and Federal levels.

(10)  The seeking of  “economic incentives” by companies in return for moving to or remaining in cities/states would be strictly forbidden.

Such “economic incentives” usually:

  1. allow employers to ignore existing laws protecting employees from unsafe working conditions;
  2. allow employers to ignore existing laws protecting the environment;
  3. allow employers to pay their employees the lowest acceptable wages, in return for the “privilege” of working at these companies; and/or
  4. allow employers to pay little or no business taxes, at the expense of communities who are required to make up for lost tax revenues.

2-28-96

(11)   Employers who continue to make such overtures would be prosecuted for attempted bribery or extortion:

  1. Bribery, if they offered to move to a city/state in return for “economic incentives,” or
  2. Extortion, if they threatened to move their companies from a city/state if they did not receive such “economic incentives.”

This would protect employees against artificially-depressed wages and unsafe working conditions; protect the environment in which these employees live; and protect cities/states from being pitted against one another at the expense of their economic prosperity.

(12)   The U.S. Departments of Justice and Labor would regularly monitor the extent of employer compliance with the provisions of this Act.  

Among these measures: Sending  undercover  agents, posing as highly-qualified job-seekers, to apply at companies—and then vigorously prosecuting those employers who  blatantly refused to hire despite their proven economic ability to do so.

This would be comparable to the long-time and legally-validated practice of using undercover agents to determine compliance with fair-housing laws.

(13)   The Justice Department and/or the Labor Department would be required to maintain a publicly-accessible database on those companies that had been cited, sued and/or convicted for such offenses as

  • discrimination,
  • harassment,
  • health and/or safety violations or
  • violating immigration laws. 

Employers would be legally required to regularly provide such information to these agencies, so that it would remain accurate and up-to-date. 

Such information would arm job applicants with vital information about the employers they were approaching.  They could thus decide in advance if an employer is deserving of their skills and dedication.

As matters now stand, employers can legally demand to learn even the most private details of an applicant’s life without having to disclose even the most basic information about themselves and their history of treating employees.

(14)   CEOs whose companies employ illegal aliens would be held directly accountable for the actions of their subordinates.  Upon conviction, the CEO would be sentenced to a mandatory prison term of at least ten years.

This would prove a more effective remedy for controlling illegal immigration than stationing tens of thousands of soldiers on the U.S./ Mexican border. With CEOs forced to account for their subordinates’ actions, they would take drastic steps to ensure their companies complied with Federal immigration laws.

Without employers eager to hire illegal aliens at a fraction of the money paid to American workers, the invasions of illegal job-seekers would quickly come to an end.

(15)   A portion of employers’ existing Federal taxes would be set aside to create a national clearinghouse for placing unemployed but qualified job-seekers.

* * * * *

For thousands of years, otherwise highly intelligent men and women believed that kings ruled by divine right.  That kings held absolute power, levied extortionate taxes and sent countless millions of men off to war–all because God wanted it that way.

That lunacy was dealt a deadly blow in 1776 when American Revolutionaries threw off the despotic rule of King George III of England.

But today, millions of Americans remain imprisoned by an equally outrageous and dangerous theory: The Theory of the Divine Right of Employers.

Summing up this employer-as-God attitude, Calvin Coolidge still speaks for the overwhelming majority of employers and their paid shills in government: “The man who builds a factory builds a temple, and the man who works there worships there.”

America can no longer afford such a dangerous fallacy as the Theory of the Divine Right of Employers.

Americans did not win their freedom from Great Britain–-and its enslaving doctrine of “the divine right of kings”-–by begging for their rights.

And Americans will not win their freedom from their corporate masters–-and the equally enslaving doctrine of “the divine right of employers”-–by begging for the right to work and support themselves and their families.

Corporations can–and do–spend millions of dollars on TV ads, selling lies–lies such as the “skills gap,” and how if the wealthy are forced to pay their fair share of taxes, jobs will inevitably disappear.

But Americans can choose to reject those lies–and demand that employers behave like patriots instead of predators.

OUTLAW THE JOB-KILLERS: PART TWO (OF THREE)

In Business, History, Law, Politics, Social commentary on September 11, 2014 at 12:11 am

Kenneth Fisher, the billionaire CEO-owner of Fisher investments, isn’t worried that America doesn’t have enough jobs for its millions of willing-to-work unemployed.

On the contrary: He–and no doubt many other wealthy CEOs–believe there are too many jobs as it is.

Too many CEOs are piggish on America

But for those who are unable to find willing-to-hire employers–or to find employers willing to hire at a living wage–the situation looks different.

This situation, however, does not have to remain this way.

A solution lies at hand–provided Americans are willing to see corporate treason for what it is and to punish it accordingly.

That solution can be summed up as follows: A nationwide Employers Responsibility Act.

Among its provisions:

(1) American companies that close plants in the United States and open others abroad would be forbidden to sell products made in those foreign plants within the United States.

This would protect both American and foreign workers from employers seeking to profit at their expense. American workers would be ensured of continued employment. And foreign laborers would be protected against substandard wages and working conditions.

Companies found violating this provision would be subject to Federal criminal prosecution. Guilty verdicts would result in heavy fines and lengthy imprisonment for their owners and top managers.

(2) Large companies (those employing more than 100 persons) would be required to create entry-level training programs for new, future employees.

These would be modeled on programs now existing for public employees, such as firefighters, police officers and members of the armed services.

Such programs would remove the employer excuse, “I’m sorry, but we can’t hire you because you’ve never had any experience in this line of work.” After all, the Air Force has never rejected an applicant because, “I’m sorry, but you’ve never flown a plane before.”

This Nation has greatly benefited from the humane and professional efforts of the men and women who have graduated from public-sector training programs. There is no reason for the private sector to shun programs that have succeeded so brilliantly for the public sector.

(3) Employers would receive tax credits for creating professional, well-paying, full-time jobs.

This would encourage the creation of better than the menial, dead-end, low-paying and often part-time jobs which exist in the service industry. Employers found using such tax credits for any other purpose would be prosecuted for tax fraud.

(4)  A company that acquired another—through a merger or buyout—would be forbidden to fire en masse the career employees of that acquired company.

This would be comparable to the protection existing for career civil service employees. Such a ban would prevent a return to the predatory “corporate raiding” practices of the 1980s, which left so much human and economic wreckage in their wake.

The wholesale firing of employees would trigger the prosecution of the company’s new owners. Employees could still be fired, but only for provable just cause, and only on a case-by-case basis.

(5)  Employers would be required to provide full medical and pension benefits for all employees, regardless of their full-time or part-time status.

Increasingly, employers are replacing full-time workers with part-time ones—solely to avoid paying medical and pension benefits. Requiring employers to act humanely and responsibly toward all their employees would encourage them to provide full-time positions—and hasten the death of this greed-based practice.

(6) Employers of part-time workers would be required to comply with all federal labor laws.

Under current law, part-time employees are not protected against such abuses as discrimination, sexual harassment and unsafe working conditions. Closing this loophole would immediately create two positive results:

  • Untold numbers of currently-exploited workers would be protected from the abuses of predatory employers; and
  • Even predatorily-inclined employers would be encouraged to offer permanent, fulltime jobs rather than only part-time ones—since a major incentive for offering part-time jobs would now be eliminated.

(7) Employers would be encouraged to hire to their widest possible limits, through a combination of financial incentives and legal sanctions. Among those incentives:

Employers demonstrating a willingness to hire would receive substantial Federal tax credits, based on the number of new, permanent employees hired per year.

Employers claiming eligibility for such credits would be required to make their financial records available to Federal investigators. Employers found making false claims would be prosecuted for perjury and tax fraud, and face heavy fines and imprisonment if convicted.

(8) Among those sanctions: Employers refusing to hire could be required to prove, in court:

  • Their economic inability to hire further employees, and/or
  • The unfitness of the specific, rejected applicant.

Companies found guilty of unjustifiably refusing to hire would face the same penalties as now applying in cases of discrimination on the basis of age, race, sex and disability.

Two benefits would result from this:

  1. Employers would thus fund it easier to hire than to refuse to do so; and
  2. Job-seekers would no longer be prevented from even being considered for employment because of arbitrary and interminable “hiring freezes.”

OUTLAW THE JOB-KILLERS: PART ONE (OF THREE)

In Business, History, Law, Politics, Social commentary on September 10, 2014 at 12:22 am

Kenneth Fisher, chief executive officer of Fisher Investments, has a uniquely CEO view of jobs:  “Believe it or not, I’m for fewer jobs, not more.”

In the Christmas Eve, 2012 issue of Forbes, he asserted: “Job Growth is Overrated.”

“Believe it or not, I’m for fewer jobs, not more.

“Throughout 2012 we heard politicians and pundits of all stripes yammering endlessly on the need for job growth—that we don’t have enough jobs. It’s pure rubbish.”

Ken Fisher

Kenneth Fisher

According to Fisher, jobs are actually signs of weakness in the economy. Fewer employees can produce more products–and that’s good for us all.

For Fisher, the template for future economic success is Wal-Mart, the nation’s largest private employer:  “With Wal-Mart you get an awe-inspiring company at 13 times my January 2014 earnings estimate, with a 2. 2 % dividend yield.”

Of course, it’s easy for Fisher–a billionaire–to take a “What?  Me Worry?” attitude about the unemployment problems facing millions of willing-to-work Americans.

And it’s certainly easier for him to identify with his fellow billionaire boys club members, the Waltons, than with the low-paid employees of Wal-Mart.

In December, 2013, Wal-Mart announced that it would deny health insurance to newly-hired employees who work less than 30 hours a week.

Walmart eliminates healthcare coverage for certain workers if their average work-week falls below 30 hours–which regularly happens at the direction of company managers.

You can be certain that Fisher doesn’t have to worry about getting top-notch nedical care anytime he thinks he needs it.

Another thing that Fisher clearly admires about Wal-Mart: Its gross profit in July, 2014, stood at $128.08 billion.

C. Douglas McMillon, who became the president and CEO of Wal-Mart Stores on Feb. 1 2014, saw his total compensation skyrocket 168% to $25.6 million

On the other hand:  Most Walmart workers earn less than $20,000 a year.  According to Bloomberg News, the average Walmart Associate makes just $8.81 per hour.

But there is probably one thing about Wal-Mart that Fisher doesn’t want to talk about.

Since 2008, Walmart has fired or lost 120,000 American workers, while opening more than 500 new U.S. stores.  Many workers quit to find better-paying jobs.

As a result, turnover at Walmart has been correspondingly high.

Recently, Wal-Mart has been forced to launch a massive PR campaign to counteract its notoriety for low pay, employment of illegal aliens, lack of health benefits and union-busting tactics.

In 2011-12, Walmart spent $1.89 billion on self-glorifying ads.

And Fisher conveniently ignores the huge emotional role that being employed plays in the United States.

The majority of Americans–especially men–derive their sense of identity from what they do for a living.

Ask a man, “What do you do?” and he’s almost certain to reply: “I’m a fireman.”  Or “I’m a salesman.”

To be unemployed in America is considered by most Americans–including the unemployed–the same as being a bum.

And Republicans are quick to point accusing fingers at those willing-to-work Americans who can’t find willing-to-hire employers.

According to Republicans such as Mitt Romney and Herman Cain: If you can’t find a job, it’s entirely your fault.

And when Republicans are forced–by public pressure or Democratic majorities–to provide benefits to the unemployed, these nearly always come at a price.

Those receiving subsistence monies are, in many states, required to undergo drug-testing, even though there is no evidence of widespread drug-abuse among the unemployed.

But America can put an end to this “I’ve-got-mine-and-the-hell-with-you” job-killing arrogance of people like Kenneth Fisher.

How?

The answer lies in three words: Employers Reponsibility Act (ERA).

If passed by Congress and vigorously enforced by the U.S. Departments of Justice and Labor, an ERA would ensure full-time, permanent and productive employment for millions of capable, job-seeking Americans.

And it would achieve this without raising taxes or creating controversial government “make work” programs.

Such legislation would legally require employers to demonstrate as much initiative for hiring as job-seekers are now expected to show in searching for work.

An Employers Responsibility Act would simultaneously address the following evils for which employers are directly responsible:

  • The loss of jobs within the United States owing to companies’ moving their operations abroad—solely to pay substandard wages to their new employees.
  • The mass firings of employees which usually accompany corporate mergers or acquisitions.
  • The widespread victimization of part-time employees, who are not legally protected against such threats as racial discrimination, sexual harassment and unsafe working conditions.
  • The refusal of many employers to create better than menial, low-wage jobs.
  • The widespread employer practice of extorting “economic incentives” from cities or states in return for moving to or remaining in those areas. Such “incentives” usually absolve employers from complying with laws protecting the environment and/or workers’ rights.
  • The refusal of many employers to provide medical and pension benefits—nearly always in the case of part-time employees, and, increasingly, for full-time, permanent ones as well.
  • Rising crime rates, due to rising unemployment.

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.

HERMAN CAIN: “IT’S ALL YOUR FAULT”

In Business, Politics, Social commentary on June 9, 2014 at 12:57 am

Herman Cain may run for President again.

Yes, on May 31, he told the annual Republican Leadership Conference in New Orleans that he might once again take up the Presidential quest in 2016.

The kicker: if God calls upon him to do so.

“I do not know what the future holds,” said the onetime CEO of Godfather’s Pizza, “but I know who holds the future. And I trust in God.”

The last time Cain ran for President–in 2011–his campaign ended in scandal.  Multiple women came forward to accuse him of making aggressive and unwanted sexual advances.

Cain’s longtime wife, Gloria, chose to stand by him.  But millions of female voters chose other candidates to vote for.

Cain dropped out of the race in December, 2011, before any actual votes were cast.

Herman Cain

Aside from his apparent inability to keep his hands–and penis–confined to his marriage, there’s another reason why voters should think twice about voting for him.

At the Republican Presidential candidates’ debate in Las Vegas, on October 18, 2011, a telling exchange occurred between CNN journalist and moderator Anderson Cooper and GOP candidate Herman Cain.

COOPER: “How do you explain the Occupy Wall Street movement happening across the country? And how does it relate with your message?

“Herman Cain, I’ve got to ask you, you said–two weeks ago, you said, ‘Don’t blame Wall Street, don’t blame the big banks. If you don’t have a job, and you’re not rich, blame yourself.’”

“That was two weeks ago. The movement has grown. Do you still say that?”

CAIN: “I still stand by my statement, and here’s why.  They might be frustrated with Wall Street and the bankers, but they’re directing their anger at the wrong place.

“Wall Street didn’t put in failed economic policies. Wall Street didn’t spend a trillion dollars that didn’t do any good. Wall Street isn’t going around the country trying to sell another $450 billion. They ought to be over in front of the White House taking out their frustration.”

* * * * *

So, there you have it.  If you’re one of the estimated 14 to 25 million unemployed or under-employed Americans, don’t look to Herman Cain for help or even sympathy.

It’s all your fault.

It’s your fault that, today, more than 2 million Americans have been unemployed for at least 99 weeks—the cutoff point for unemployment insurance in the hardest-hit states.

It’s your fault that the longer a person is out of work, the less likely s/he is to find an employer willing to hire.

It’s your fault that corporations across the country are now sitting atop $2 trillion in profits. 

It’s your fault that their CEOs are using those monies for enriching themselves, their bought-off politicians, their families—and occasionally their mistresses.

It’s your fault that CEOs are using those monies to buy up their corporate rivals, throw even more Americans into the streets, and pocket their wages.

It’s your fault that CEOs are using those profits to create or enlarge companies outside the United States—solely to pay substandard wages to their new employees.

It’s your fault that the one expense CEOs refuse to underwrite is hiring their fellow Americans.

It’s your fault that CEOs want to escape American employee-protection laws–such as those mandating worker’s compensation or forbidding sexual harassment.

It’s your fault that CEOs want to escape American consumer-protection laws–such as those banning the sale of lead-contaminated products (a hallmark of Chinese imports).

It’s your fault that CEOs want to escape American laws protecting the environment–such as those requiring safe storage of dangerous chemicals.

It’s your fault that mass firings of employees usually accompany corporate mergers or acquisitions.

It’s your fault that many employers victimize part-time employees, who are not legally protected against such threats as racial discrimination, sexual harassment and unsafe working conditions.

It’s your fault that many employers refuse to create better than menial, low-wage jobs.

It’s your fault that right-wing politicians encourage corporate employers to extort “economic incentives” from cities or states in return for moving to or remaining in those areas.

It’s your fault that such “incentives” usually absolve employers from complying with laws protecting the environment and/or workers’ rights.

It’s your fault that many employers refuse to provide medical and pension benefits—nearly always in the case of part-time employees, and, increasingly, for full-time, permanent ones as well.

It’s your fault that crime rates are now rising, due to rising unemployment.

It’s your fault that such employers want, in short, to enrich themselves at the direct expense of their country. 

It’s your fault if you’ve forgotten that, in decades past, such conduct used to be called treason–and punished accordingly.

And it’s your fault if you vote for GOP politicians who support such corrupt and ruinous policies.

Follow

Get every new post delivered to your Inbox.

Join 1,321 other followers

%d bloggers like this: