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THE SIX DEADLY FLAWS IN “OBAMACARE”: PART THREE (END)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on March 2, 2017 at 12:11 am

President Barack Obama was often accused of playing ruthless “Chicago politics” by his Republican enemies. But Obama’s biggest mistake lay not in cynicism but misplaced idealism.

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

The Affordable Care Act (ACA) requires employers to provide insurance for part-time employees who work more than 30 hours per week. Yet many employers claimed–without having to offer proof–that they couldn’t afford it.

So they limited part-time workers’ hours to 29 per week instead.

Obama was clearly surprised at this. But he shouldn’t have been.

Greed-fueled businessmen always try to avoid complying with the law–or achieve minimum compliance with it.

The Act doesn’t penalize companies for not providing health insurance coverage for part-time employees who work fewer than 30 hours.

Predictably, employers:

  • Moved fulltime workers into part-time positions;
  • Refused to provide their employees with medical insurance; and
  • Avoided fines for non-compliance with the law.

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

One was John Schnatter, CEO of Papa John’s Pizza, who said:

  • The prices of his pizzas would go up–by 11 to 14 cents per pizza, or 15 to 20 cents per order; and
  • He would 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“If Obamacare is in fact not repealed,” he told Politico, “we will find tactics to shallow out any Obamacare costs and core strategies to pass that cost onto consumers in order to protect our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.”

Thus, President Obama should have required all employers to provide insurance coverage for all of their employees, regardless of their fulltime or part-time status.  

This 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.

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

If Obama considered this option, he decided against pressing for it.

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. If you like your doctor, you can keep your doctor. Period.”

But the 906 pages of the law held 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.

But 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.

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 Democratic Presidential nominee Hillary Clinton said that, if she were elected, she would seek incremental changes in the ACA. That possibility became moot when she lost the 2016 election to Donald Trump.

Vermont U.S. Senator Bernie Sanders, on the other hand, wants a single-payer plan.

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 election of Donald Trump seems to have finally doomed the ACA–except for one thing: Since it became law, in 2010, 22 million Americans who had never before obtained healthcare insurance now have it.

This includes even Republicans who voted for Trump–without realizing they would be losing their only tie to medical care.  And now many of them are finally realizing this truth.

Thus, Republicans in the House and Senate now find themselves besieged by angry constituents at town hall meetings.

These Republicans care nothing for Americans who would be left without medical care. But they do care about their own futures–as members of Congress.

This has led to three schisms among Republicans:

  • Those who still demand the complete repeal of “Obamacare.”
  • Those who want the Act repealed and then replaced with an entirely different healthcare plan–which Republicans have yet to agree on. Developing this could literally take years–during which time former ACA members would have no insurance.
  • Those who want Republicans to first create an alternative healthcare plan, win its Congressional approval, and then repeal the Act.

Republicans expect Democrats to sign on with their “Obamacare replacement plan.” But Democrats have made it clear: “You repeal it, you’re on your own in replacing it.”

Republicans spent eight years demanding the repeal of “Obamacare.” But now they fear that its repeal will lead to the repeal of their own political ambitions.

THE SIX DEADLY FLAWS IN “OBAMACARE”: PART TWO (OF THREE)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on March 1, 2017 at 12:26 am

President Barack 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 said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved or feared, or feared more than love. 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.

Finally, warns Machiavelli, a leader should not allow a threat to go unchecked. The motive for this is usually the hope of avoiding conflict  And the result is usually catastrophe.

A man 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 Obama, such a moment came in 2011, when House Republicans threatened to to destroy the credit rating of the United States unless the President agreed 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 USA Patriot Act and the Racketeer Influenced Corrupt Organizations (RICO) Act of 1970.

Among the crimes that can be prosecuted by Justice Department attorneys under RICO: Extortion.  

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.”  

And if President Obama didn’t believe that RICO was sufficient to deal with extortionate behavior, he could have ordered the Justice Department to cite the USA Patriot Act, passed in the wake of 9/11.

In Section 802, among the behaviors that are defined as domestic terrorism: “Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

Activities such as threatening to destroy the financial stability of the United States.

The remedies for punishing such criminal behavior were legally in place. President Obama could have directed the Justice Department to apply them.

If violations had been discovered, indictments could have quickly followed–and then prosecutions. The results of such action could be easily predicted:

  • Facing lengthy prison terms, those indicted Republicans would have first had to lawyer-up.
  • This would have imposed huge monetary costs on them, since good criminal attorneys don’t come cheap.
  • Obsessed with their personal survival, they would have had little time to engage in more of the same thuggish behavior that got them indicted. In fact, doing so would have only made their convictions more likely.
  • Those Republicans who hadn’t (yet) been indicted would have feared; “I could be next.” This would have produced a chilling effect on their willingness to engage in further acts of subversion and extortion.
  • 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 have been a long time before Republicans dared to engage in such behavior–at least, while Obama held office.

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

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 should avoid–

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

–and possess: 

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.

Niccolo Machiavelli

On July 2, 2013, the Treasury Department announced a major change in the application of the Affordable Care Act:

“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.”  

And the Republican response?

On July 30, 2013, House Republicans voted to sue the President for failing to enforce the Affordable Care Act–which they had voted 54 times to repeal, delay or change.

As Machiavelli warned: Timidity invites contempt–and aggression.

THE SIX DEADLY FLAWS IN “OBAMACARE”: PART ONE (OF THREE)

In Bureaucracy, History, Law, Medical, Politics, Social commentary on February 28, 2017 at 12:13 am

Barack Obama was 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.

Yet, his signature plan to give every American access to healthcare, the Affordable Care Act–universally known as “Obamacare”–remains stricken with dangerous flaws.

So where did he go wrong?

Several ways–in all, at least six.

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 ofThe 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 was Obama’s character–and America’s fate–that he was 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.

President 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 said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved or feared, or feared more than love. 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.

AVOIDING OBAMA’S MISTAKES: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 22, 2016 at 12:05 am

The ancient Greeks believed: “A man’s character is his fate.” It is Barack Obama’s character–and America’s fate–that he is more inclined to conciliation than confrontation.

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 of his own.  

Rule #4: Be Open to Compromise–Not Capitulation

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.  

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President Barack Obama

At that point, he should have put aside his hopes for a “Kumbaya moment” and applied 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.  

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Niccolo Machiavelli

By refusing to vigorously prosecute acts of Republican extortion, President Obama has encouraged Republicans to intensify their aggression against him.

Their most recent act: Refusing to meet with federal appeals court judge Merrick Garland. Obama’s designated nominee to the Supreme Court after the February 13 death of Justice Antonin Scalia.  

Kentucky United States Senator Mitch McConnell has flatly stated: There will be no Supreme Court hearing–not during regular business or a post-election lame-duck session.

Had Obama proceeded with indictments against Republican extortion in 2011 or 2013, McConnell–who supported the extortion attempts of those years–would now be desperately meeting with his lawyers.  

Rule #5: First Satisfy Your Citizens, Then Help Them  

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 threefold:  

First, those desperately seeking employment felt the President didn’t care about them.

Second, the reform effort became a lightning rod for conservative groups like the Tea Party.

And, third, in 2010, a massive Right-wing turnout cost Democrats the House of Representatives and threatened Democratic control of the Senate.

Rule #6: Be Careful What You Promise  

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 new 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,” sarcastically 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–tarnished.

All of which takes us to yet another warning offered by Machiavelli: Whence it may be seen that hatred is gained as much by good works as by evil….

AVOIDING OBAMA’S MISTAKES: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 21, 2016 at 12:07 am

If Hillary Clinton succeeds Barack Obama as President, can gain much by learning from his mistakes.

In 2011, Obama could have ended Republican extortion by invoking the law–that of the Racketeer Influenced Corrupt Organizations (RICO) Act and/or the USA Patriot Act.

Or he could have faced down Republican extortionists by urging his fellow Americans to rally to him in a moment of supreme national danger.  

Rule #2: Rally Your Citizens Against a Dangerous Enemy 

President John F. Kennedy did just that–successfully–during the most dangerous crisis of his administration.

Addressing the Nation on October 22, 1962, Kennedy shocked his fellow citizens by revealing that the Soviet Union had installed offensive nuclear missiles in Cuba.

John F. Kennedy

After outlining a series of steps he had taken to end the crisis, Kennedy sought to reassure and inspire his audience. His words are worth remembering today:

“The path we have chosen for the present is full of hazards, as all paths are, but it is the one most consistent with our character and courage as a nation and our commitments around the world.

“The cost of freedom is always high, but Americans have always paid it. And one path we shall never choose, and that is the path of surrender or submission.”

President Obama could have sent that same message to the extortionists of the Republican Party.

Yet this was another option he failed to exploit. And he and the Nation have continued to pay the price for it.  

Rule #3: Timidity Toward Aggressors Only Leads to More Aggression

In September, 2013, Republicans once again threatened to shut down the Federal Government unless the President agreed to defund the Affordable Care Act (ACA), better known as “Obamacare.

They were enraged that millions of uninsured Americans might receive medical care on a par with that given members of the House and Senate.

So on September 20, the House voted on a short-term government funding bill that included a provision to defund Obamacare.

Obama and Senate Democrats rejected that provision. If the House and Senate couldn’t reach a compromise, many functions of the federal government would be shut down indefinitely on October 1.

According to Republicans: They wanted to save the country from bankruptcy–although the Congressional Budget Office stated that the ACA would lower future deficits and Medicare spending.

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

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

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

But their efforts had failed; 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, 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 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.

Republicans claimed it was Obama and Senate Democrats who refused to see reason and negotiate.

But then a Republican accidentally 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.”

Martin Stutzman

In short, Republicans–as admitted by Martlin Stutzman–were out to get “respect.” A member of the Crips or Bloods couldn’t have said it better.  

The shutdown began on October 1, 2013–and ended 16 days later with even Republicans admitting it had been a failure.

President Obama, a former attorney, denounced House Republicans as guilty of “extortion” and “blackmail.” If he truly believed them to be so guilty, he could have once again invoked RICO and/or the USA Patriot Act. 

Yet he did neither.

Had the President dared to prosecute such criminal conduct, the results would have been:

  • Facing lengthy prison terms, those indicted Republicans would have been forced to lawyer-up. That in itself would have been no small thing, since good criminal attorneys cost big bucks.  
  • Obsessed with their own personal survival, they would have found little time for engaging in the same thuggish behavior that got them indicted. In fact, doing so would have only made their conviction more likely.
  • 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.” 

True, some prosecuted Republicans might have beaten the rap. But first they would have been forced to spend huge amounts of time and money on their defense.

And with 75% of Americans voicing disgust with Congress, most of those prosecuted might well have been convicted.

It would have been a long time before Republicans again dared to engage in such behavior.

AVOIDING OBAMA’S MISTAKES: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on July 20, 2016 at 12:11 am

If Hillary Clinton becomes the nation’s first woman President, that will certainly be as big a historical milestone as Barack Obama’s becoming the first black man to hold that office.

But simply being elected President will not guarantee her success–any more than it guarantees success to any President.  

Every President faces challenges that his (up to now) predecessor didn’t. But others can be reasonably anticipated. For Clinton, a totally predictable challenge will be the sheer hatred and ruthless opposition Republicans aimed at Obama.  

And unless she determines, early on, to confront and overcome it, she will find her agenda just as blocked and undermined as Obama so often did.  

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Hillary Clinton

For example: 

On July 9, 2011, Republican extortionists threatened the Nation with financial ruin and international disgrace unless their budgetary demands were met.

They refused to raise the debt ceiling unless Democrats agreed to massively cut social programs for the elderly, poor and disabled.

If Congress failed to raise the borrowing limit of the federal government by August 2, the date when the U.S. reached the limit of its borrowing abilities, it would begin defaulting on its loans.

As Warren Buffett, CEO of Berkshire Hathaway, explained the looming economic catastrophe: “If you don’t send out Social Security checks, I would hate to think about the credit meeting at S&P and Moody’s the next morning.

“If you’re not paying millions and millions and millions of people that range in age from 65 on up, money you promised them, you’re not a AAA,” said Buffett.  

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Warren Buffett 

A triple-A credit rating is the highest possible rating that can be received.

And while Republicans demanded that the disadvantaged tighten their belts, they rejected raising taxes on their foremost constituency–the wealthiest 1%.

Raising taxes on the wealthy, they insisted, would be a “jobs-killer.” It would “discourage” corporate CEOs from creating tens of thousands of jobs they “want” to create.

As the calendar moved closer to the fateful date of August 2, Republican leaders continued to insist: Any deal that includes taxes “can’t pass the House.”

One senior Republican said talks would go right up to–and maybe beyond–the brink of default.

“I think we’ll be here in August,” said Republican Rep. Pete Sessions, of Texas. “We are not going to leave town until a proper deal gets done.”

President Obama had previously insisted on extending the debt ceiling through 2012. But in mid-July, he simply asked congressional leaders to review three options with their members: 

  1. The “Grand Bargain” choice–favored by Obama–would cut deficits by about $4 trillion, including spending cuts and new tax revenues.
  2. A medium-range plan would aim to reduce the deficit by about $2 trillion.
  3. The smallest option would cut between $1 trillion and $1.5 trillion, without increased tax revenue or any Medicare and Medicaid cuts.

And the Republican response?

Said Rep. Darrell Issa, chairman of the Oversight and Government Reform Committee: “Quite frankly, [Republican] members of Congress are getting tired of what the president won’t do and what the president wants.”

With the United States teetering on the brink of national bankruptcy, President Obama faced three choices:

  1. Counter Republican extortion attempts via RICO–the Racketeer Influenced Corrupt Organizations Act.
  2. Make a Cuban Missile Crisis-style address to the American people, seeking to rally them against a criminal threat to the financial security of the Nation.
  3. Cave in to Republican demands.

Unfortunately for Obama and the Nation, he chose Number Three.  

Rule #1 Ruthlessly Prosecute the Acts of Ruthless Criminals

But Obama could have countered that danger via the Racketeer Influenced Corrupt Organizations (RICO) Act.

In 1970, Congress passed RICO, Title 18, United States Code, Sections 1961-1968.  Its goal: Destroy the Mafia.

U.S. Department of Justice

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion.

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.” 

And if President Obama had believed that RICO was insufficient to deal with this crisis, he could have relied on the USA Patriot Act of 2001, passed in the wake of 9/11.  

President George W. Bush signs the USA Patriot Act into law – October 26, 2001

In Section 802, the Act defines domestic terrorism. Among the behavior that is defined as criminal:

“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

The remedies for punishing such criminal behavior were legally in place. President Obama needed only to direct the Justice Department to apply them.

“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.”

The remedies for punishing such criminal behavior were legally in place. President Obama needed only to direct the Justice Department to apply them.

Prosecuting members of Congress would not have violated the separation-of-powers principle. Congressmen had been investigated, indicted and convicted for various criminal offenses.

Such prosecutions–and especially convictions–would have served notice on current and future members of Congress that the lives and fortunes of American citizens may not be held hostage as part of a negotiated settlement.

WALLING OUT ILLEGAL ALIENS: A CHEAPER WAY

In Bureaucracy, Business, History, Law, Law Enforcement, Politics, Social commentary on April 12, 2016 at 12:04 am

According to Donald Trump, stopping illegal immigration is easy.

Just build a massive, impenetrable wall along the U.S./Mexican border to keep out Mexican immigrants.

“Building a wall is easy, and it can be done inexpensively,” Trump said in an interview. “It’s not even a difficult project if you know what you’re doing.”

Really?

Among the obstacles to erecting such a barrier:

  • The United States/Mexican border stretches for 1,954 miles–and emcompasses rivers, deserts and mountains.
  • Environmental and engineering problems.
  • Squabbles with ranchers who don’t want to give up any of their land.
  • Building such a wall would cost untold billions of dollars.
  • Drug traffickers and alien smugglers could easily tunnel under it into the United States–as they are now doing.

Click here: Trump says building a U.S.-Mexico wall is ‘easy.’ But is it really? – The Washington Post

There are, in fact, cheaper and more effective remedies for combating illegal immigration.

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Illegal aliens crossing into the United States

(1) The Justice Department should vigorously attack the “sanctuary movement” that officially thwarts the immigration laws of the United States.

Among the 31 “sanctuary cities” of this country: Washington, D.C.; New York City; Los Angeles; Chicago; San Francisco; Santa Ana; San Diego; Salt Lake City; Phoenix; Dallas; Houston; Austin; Detroit; Jersey City; Minneapolis; Miami; Denver; Baltimore; Seattle; Portland, Oregon; New Haven, Connecticut; and Portland, Maine.

These cities have adopted “sanctuary” ordinances that do not allow municipal funds or resources to be used to enforce federal immigration laws, usually by not allowing police or municipal employees to inquire about one’s immigration status.

(2)  The most effective way to combat this movement: Indict the highest-ranking officials of those cities who have actively violated Federal immigration laws.

In San Francisco, for example, former District Attorney Kamala Harris—who is now California’s Attorney General—created a secret and illegal program called Back on Track, which provided training for jobs that illegal aliens could not legally hold.

She also prevented Immigration and Customs Enforcement (ICE) from deporting even those illegal aliens convicted of a felony.

(3) Even if some indicted officials escaped conviction, the results would prove worthwhile.  

City officials would be forced to spend huge sums of their own money for attorneys and face months or even years of prosecution.

And this, in turn, would send a devastating warning to officials in other “sanctuary cities” that the same fate lies in store for them.

(4) CEOs whose companies–like Wal-Mart–systematically employ illegal aliens should be held directly accountable for the actions of their subordinates.

They should be indicted by the Justice Department under the Racketeer Influenced Corrupt Organizations (RICO) Act, the way Mafia bosses are prosecuted for ordering their own subordinates to commit crimes.  

Upon conviction, the CEO should be sentenced to a mandatory prison term of at least 20 years.

This would prove a more effective remedy for combating illegal immigration than stationing tens of thousands of soldiers on the U.S./Mexican border. 

CEOs forced to account for their subordinates’ actions would take drastic steps to ensure that their companies strictly complied with Federal immigration laws.

(5) The Government should stop granting automatic citizenship to “anchor babies” born to illegal aliens in the United States.

A comparable practice would be allowing bank robbers who had eluded the FBI to keep their illegally-obtained loot.

A person who violates the bank robbery laws of the United States is legally prosecutable for bank robbery, whether he’s immediately arrested or remains uncaught for years. The same should be true for those born illegally within this country.

If they’re not here legally at the time of birth, they should not be considered citizens and should–like their parents–be subject to deportation.

(6) The United States Government–from the President on down–should scrap its apologetic tone on the right to control its national borders.

 

In 2010, Michelle Obama visited New Hampshire Estates Elementary School in Silver Spring, Maryland.  

A second-grader said: “My mom, she says that Barack Obama is taking everybody away that doesn’t have papers.”  

“Yeah, well, that’s something that we have to work on right?” replied Mrs. Obama. “To make sure that people can be here with the right kind of papers, right?”  

The girl then said: “But my mom doesn’t have any….”

Obama: “Well, we’ll have to work on that.  We have to fix that, and everybody’s got to work together in Congress to make sure that happens.”

The Mexican Government doesn’t consider itself racist for strictly enforcing its immigration laws. 

The United States Government should not consider itself racist for insisting on the right to do the same.

 

(7) Voting materials and ballots should be published in one language: English. 

In Mexico, voting materials are published in one language–Spanish.

Throughout the United States, millions of Mexican illegals refuse to learn English and yet demand that voting materials and ballots be made available to them in Spanish.

(8)  The United States should impose economic and even military sanctions against countries–such as China and Mexico–whose citizens make up the bulk of illegal aliens. 

Mexico, for example, uses its American border to rid itself of those who might demand major reforms in the country’s political and economic institutions.

Such nations must learn that dumping their unwanted’s on the United States now comes at an unfavorably high price. Otherwise those dumpings will continue.

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 TWO (OF FOUR)

In Bureaucracy, Business, History, Law, Medical, Politics, Social commentary on February 5, 2016 at 12:08 am

President Barack 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 said in The Prince on the matter of love versus fear:

From this arises the question whether it is better to be loved or feared, or feared more than love. 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 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 Obama, such a moment came in 2011, when House Republicans threatened to to destroy the credit rating of the United States unless the President agreed 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 USA Patriot Act and the Racketeer Influenced Corrupt Organizations (RICO) Act of 1970.

RICO opens with a series of definitions of “racketeering activity” which can be prosecuted by Justice Department attorneys. Among those crimes: Extortion. 

Extortion is defined as “a criminal offense which occurs when a person unlawfully obtains either money, property or services from a person(s), entity, or institution, through coercion.” 

The RICO Act defines “a pattern of racketeering activity” as “at least two acts of racketeering activity, one of which occurred after the effective date of this chapter and the last of which occurred within ten years…after the commission of a prior act of racketeering activity.” 

And if President Obama believed that RICO was not sufficient to deal with extortionate behavior, he could have relied on the USA Patriot Act, passed in the wake of 9/11. 

In Section 802, the Act defines domestic terrorism. Among the behavior that is defined as criminal: 

“Activities that…appear to be intended…to influence the policy of a government by intimidation or coercion [and]…occur primarily within the territorial jurisdiction of the United States.” 

The remedies for punishing such criminal behavior were legally in place.  President Obama could have directed the Justice Department to apply them.

If violations had been discovered, indictments could have quickly followed–and then prosecutions. The results of such action could be easily predicted:

  • Facing lengthy prison terms, those indicted Republicans would have first had to lawyer-up.
  • This would have imposed huge monetary costs on them, since good criminal attorneys don’t come cheap.  
  • Obsessed with their personal survival, they would have had little time to engage in more of the same thuggish behavior that got them indicted. In fact, doing so would have only made their convictions more likely.
  • Those Republicans who hadn’t (yet) been indicted would have feared; “I could be next.” This would have produced a chilling effect on their willingness to engage in further acts of subversion and extortion.  
  • 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 have been a long time before Republicans dared to engage in such behavior–at least, while Obama held office.  

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

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?

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