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SCRAPPING–OR REVISING–OBAMACARE: PART FOUR (END)

In Bureaucracy, Business, History, Law, Medical, Politics, Social commentary on February 9, 2016 at 12:04 am

Barack Obama is one of 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 Right-wing enemies;
  • In underestimating the opposition of the business community in complying with the law; and
  • In allowing himself to be cowed by his political enemies.

Obama is by nature a supreme rationalist and conciliator–not a rough-and-tumble street fighter.  

And his career before becoming President in 2008–or even the United States Senator from Illinois in 2004–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 activities demand 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.  

(On March 10, 2003, nine days before Bush ordered the unprovoked invasion of Iraq, Natalie Maines, the lead singer of the country music band, the Dixie Chicks, told a London concert audience: “We don’t want this war, this violence, and we’re ashamed that the President of the United States is from Texas.”  

(A Republican-approved boycott of Dixie Chicks music followed, as well as death threats  DJs refused to play their music, and President Bush refused to criticize the KGB-like tactics of his Right-wing supporters.) 

 Natalie Maines, left, of the Dixie Chicks 

But Obama could not–or would not–bring himself to attack his sworn enemies by attacking their own patriotism or invoking Federal criminal statutes against their extortionate and terrorist threats.  

In short: Obama–who believes in reason and conciliation–paid 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 Affordable Care Act (ACA) Obama had repeatedly promised: “If you like your health insurance plan, you can keep your plan. 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 soon turned out that 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 found his reputation for integrity–long his greatest asset–shattered.  

All of which points to a final warning offered by Niccolo Machiavelli:

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

Former Secretary of State Hillary Clinton says that, if she’s elected President, she will push for incremental changes in the ACA.  

Vermont United States Senator Bernie Sanders, on the other hand, has called for the implementation of a single-payer plan. This, in effect, would accomplish what Republicans have spent the last seven years trying to do: Repeal “Obamacare.”  

A single-payer plan would prove simpler and more comprehensive than the ACA. But the chances of its passing a Republican-dominated Congress are absolutely zero.  

The passage of the ACA was–as the Duke of Wellington said of Waterloo–“a damned, close-run thing.”

Right-wingers like former Alaska Governor Sarah Palin flat-out lied that the ACA would create “death panels.” And millions of reactionaries, furious that a black man now occupied the Oval Office, eagerly believed it.

When Democratic politicians organized town meetings for public discussion of the Act, Rightist hooligans often used violence to break them up.

Republicans remained silent while President George W. Bush lied the nation into a bloody, budget-busting war in Iraq. But they have repeatedly damned the ACA as a lethal drain on the American taxpayer.  

Thus, any changes to come in the ACA will have to come as Hillary Clinton proposes, on an incremental basis.

The only thing that can be said with certainty about the ACA is this:

If any Republican wins the Presidency in 2016, the Republican-dominated House and Senate will send him legislation decreeing the death of affordable healthcare for all Americans.  And he will of course sign it.

REVISING–OR SCRAPPING–OBAMACARE: PART THREE (OF FOUR)

In Bureaucracy, Business, History, Law, Law Enforcement, Medical, Politics on February 8, 2016 at 12:15 am

On July 2, 2013, the Treasury Department announced a major change in the application of the Affordable Care Act (ACA), more popularly known as “Obamacare”:  

“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 allowed employers an additional year to refuse providing healthcare to their employees–or to face fines for not doing so.  

And how did Obama’s self-declared enemies react to this effort at compromise?

On July 30, 2013, House Republicans voted to proceed with a lawsuit against the President–for failing 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 intended to sue the President to enforce the law that the House had voted 54 times to repeal, delay or change.

Obama Mistake No. 5: Believing that public and private employers would voluntarily comply with the law.  

The ACA 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 have thus limited part-time workers’ hours to 29 per week instead.  

Among those states affected:

  • “Our choice was to cut the hours or give [employees] 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 crafted the Act may have been surprised at what happened.  But they shouldn’t have been.

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.

The Act doesn’t penalize a company 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; 
  • Refusing to provide their employees with medical insurance; and
  • Avoiding fines for non-compliance with the law.

Some employers have openly shown their contempt for President Obama–and the idea that employers 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:

  • The prices of his pizzas will go up–by 11 to 14 cents per pizza, or 15 to 20 cents per order; and
  • He will pass along these costs to his customers.  

 John Schnatter

“If Obamacare is in fact not repealed,” he 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.”  

If President Obama were truly a student of Realpolitick, he would have predicted that most businesses would try to avoid compliance with the 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 decided against pressing for such a requirement.

Obama is one of the most rational and educated men to occupy the White House. So why did he fail to expect the worst in people–especially his self-declared enemies–and arrange to counter it?

Niccolo Machiavelli provides a shrewd insight into the repeated failures of the Obama Presidency.

Niccolo Machiavelli

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

…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….

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 this procedure. 

Put another way: A conciliator will prosper so long as he works with others willing to compromise. But facing uncompromising fanatics, he will be defeated–unless he can exchange conciliation for confrontation. 

REVISING–OR SCRAPPING–OBAMACARE: PART ONE (OF FOUR)

In Bureaucracy, Business, History, Law, Law Enforcement, Medical, Politics, Social commentary on February 4, 2016 at 12:10 am

One of the major differences between Bernie Sanders and Hillary Clinton lies in their views about what should be the future of “Obamacare.”  

Sanders, the longtime independent Senator from Vermont, wants to scrap The Affordable Care Act (ACA) and replace it with a single-payer plan.  

Clinton, the former Secretary of State, wants to make “incremental” changes in the Act.  

The Sanders plan promises greater simplicity and comprehensiveness in providing benefits to those millions of Americans who previously could not obtain medical insurance.  

The Clinton approach promises to keep the best features of “Obamacare” and improve those that need changing.  

But neither Sanders nor Clinton has directly addressed certain unpalatable truths about the ACA.  

These stem not from any intended evil on the part of its chief sponsor, President Barack Obama. Instead, they spring from his idealistic belief that reasonable men could always reach a compromise.  

As a result, much of the Act remains seriously flawed. Here are the six reasons why.  

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 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 to be 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 lost 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 would soon become 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 Koch-brothers-financed 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 displayed an incredible naivety in dealing with his political opposition.

Niccolo Machiavelli (1469-1527), the Florentine statesman and father of modern politics, could have warned him of the consequences of this–through the pages of The Prince, his infamous treatise on the realities of politics.

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.  

This proved exactly the case with the proposed Affordable Care Act.

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 more than 60 times to repeal, delay or revise the law.  

So before President 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 America’s fate–that he is by nature a man of conciliation, not conflict.  

Richard Wolffe chronicled Obama’s winning of the White House in his 2009 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.

WHY THE RIGHT WINS AND THE LEFT LOSES

In Bureaucracy, History, Military, Politics, Social commentary on December 11, 2015 at 11:43 am

Most Americans believe that Nazi Germany was defeated because “we were the Good Guys and they were the Bad Guys.”

Not so.

The United States–and its allies, Great Britain and the Soviet Union–won the war for reasons that had nothing to do with the rightness of their cause. These included:

  • Nazi Germany–i.e, its Fuehrer, Adolf Hitler–made a series of disastrous decisions. Chief among these: Attacking its ally, the Soviet Union, and declaring war on the United States;
  • The greater material resources of the Soviet Union and the United States; and
  • The Allies waged war as brutally as the Germans.

On this last point:

  • From D-Day to the fall of Berlin, captured Waffen-SS soldiers were often shot out of hand.
  • When American troops came under fire in the German city of Aachen, Lt. Col. Derrill Daniel brought in a self-propelled 155mm artillery piece and opened up on a theater housing German soldiers.  After the city surrendered, a German colonel labeled the use of the 155 “barbarous” and demanded that it be outlawed.

German soldiers at Stalingrad

  • During the battle of Stalingrad in 1942, Wilhelm Hoffman, a young German soldier and diarist, was appalled that the Russians refused to surrender.  He wrote: “You don’t see them at all, they have established themselves in houses and cellars and are firing on all sides, including from our rear–barbarians, they use gangster methods….”

In short: The Allies won because they dared to meet the brutality of a Heinz Guderian with that of a George S. Patton.

This is a lesson that has been totally lost on the liberals of the Democratic Party. Which explains why they lost most of the Presidential elections of the 20th century.

It also explains why President Barack Obama has found most of his legislative agenda stymied by Right-wing Republicans.

Consider this example: In 2014, Senator Rand Paul (R-Ky.) warned then-Senate Majority Leader Harry Reid (D-Nev.) that he would place a hold on one of President Obama’s appellate court nominees.

Rand Paul

David Barron had been nominated to the First Circuit Court of Appeals.  And Paul objected to this because Barron authored memos justifying the killing of an American citizen by a drone in Yemen.

The September 30, 2011 drone strike killed Anwar al-Awlaki, a radical Muslim cleric notorious on the Internet for encouraging Muslims to attack the United States.

So President Obama authorized a drone stroke against him, thus removing that danger. Paul demanded that the Justice Department release the memos Barron crafted justifying the drone policy.

Anwar al-Awlaki

Imagine how Republicans would depict Paul–or a Democratic Senator–if he behaved in a similar manner with a Republican President: “Rand Paul: A traitor who supports terrorists.  He sides with America’s enemies against its own lawfully elected President.”

To Republicans, “lawfully elected” applies only to Republican Presidents. A Democrat who runs against a Republican is automatically considered a traitor.

And a Democrat who defeats a Republican is automatically considered a usurper, and thus deserves to be slandered and obstructed, if not impeached.

Unable to defeat Bill Clinton in 1992 and 1996, Republicans tried in 1998 to impeach him for getting oral sex in the White House.

Similarly, 2012 Presidential candidate Herman Cain, asked in a conference call with bloggers why Republicans couldn’t just impeach President Obama, replied:

“That’s a great question and it is a great–it would be a great thing to do but because the Senate is controlled by Democrats we would never be able to get the Senate first to take up that action.”

On May 22, 2014, the Senate voted 53–45 to confirm Barron to the First Circuit Court of Appeals.

In Renegade: The Making of a President, Richard Wolffe chronicled Obama’s successful 2008 bid for the White House. Among his revelations:

Obama, a believer in rationality and decency, felt more comfortable in responding to attacks on his character than in making them on the character of his enemies.

A graduate of Columbia University and Harvard Law School, Obama is easily one of the most academically gifted Presidents in United States history.

But for all this, he failed–from the onset of his Presidency–to grasp and apply this fundamental lesson taught by Niccolo Machiavelli, the father of modern political science. In The Prince Machiavelli warns:

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….

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

On Facebook and Twitter, liberals are already celebrating the “certain” Presidency of Vermont U.S. Senator Bernie Sanders or former First Lady Hillary Clinton in 2016.

They forget that, in 1968, 1980, 1988 and 2000, liberals couldn’t believe America would elect, respectively, Richard Nixon, Ronald Reagan, George H.W. Bush and George W. Bush.

For Democrats to win elective victories and enact their agenda, they must find their own George Patton to take on the Waffen-SS generals among Republican ranks.