When William J. Casey was a young attorney during the Great Depression, he learned an important lesson.
Jobs were hard to come by, so Casey thought himself lucky to land one at the Tax Research Institute of America in New York.
His task was to closely read New Deal legislation and write reports explaining it to corporate chieftains.
At first, he thought they wanted detailed legal commentary on the meaning of the new legislation.
But the he quickly learned a blunt truth: Businessmen neither understood nor welcomed President Franklin D. Roosevelt’s efforts at reforming American capitalism. And they didn’t want legal commentary.
Instead, they wanted to know: “What is the minimum we have to do to achieve compliance with the law?”
In short: How do we get by FDR’s new programs?
Fifty years later, Casey would bring the same mindset to his duties as director of the Central Intelligence Agency (CIA) for President Ronald Reagan.
William J. Casey
He was presiding over the CIA when it deliberately violated Congress’ ban on funding the “Contras,” the Right-wing death squads of Nicaragua.
Casey gave lip service to the demands of Congress. But privately, with the help of Marine Lieutenant Colonel Oliver North, he set up an “off-the-shelf” operation to provide arms to overthrow the leftist government of Daniel Ortega.
It was what President Ronald Reagan wanted. So Casey felt he had a duty to get it done, and Congress be damned.
When news of Casey’s–and Reagan’s–illegal behavior leaked, in November, 1986, it almost destroyed the Reagan administration.
Especially damning: Much of the funding directed to the “Contras” had come from Iran, America’s mortal enemy.
To ransom a handful of American hostages who had been kidnapped in Lebanon, Reagan sold them our most sophisticated missiles in a weak-kneed exchange for American hostages.
Then he went on television and brazenly denied that any such “arms for hostages” trade had ever happened.
Ronald Reagan
But the “Casey Doctrine” of minimum compliance with the law didn’t die with Casey (who expired of a brain tumor in 1987).
It was very much alive within the American business community as President Barack Obama sought to bring medical coverage to all Americans, and not simply the ultra-wealthy.
The single most important provision of the Affordable Care Act (ACA)–better-known as Obamacare–requires large businesses to provide insurance to fulltime employees who work more than 30 hours a week.
For part-time employees, who work fewer than 30 hours, a company isn’t penalized for failing to provide health insurance coverage.
Obama’s enemies have long slandered him as a ruthless practitioner of Chicago politics.” So it’s easy to assume that he took “the Casey Doctrine” into account when he shepherded the ACA through Congress.
But he didn’t.
The result was predictable. And its consequences are daily becoming more clear.
Employers feel motivated to move fulltime workers into part-time positions, and thus avoid
- providing their employees with medical insurance;
- and a fine for non-compliance with the law.
Some employers have openly shown their contempt for President Obama–and the idea that employers actually have any obligation to those who make their profits a reality.
John Schnatter, CEO of Papa John’s Pizza, has been quoted as saying:
- The price of his pizzas will go up–by 11 to 14 cents per pizza, of 15 to 20 cents per order; and
- 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 multimillion dollar company show any concern for those who make its profits a reality?
Consider:
- Papa John’s is the third-largest pizza takeout and delivery chain in the United States.
- Its 2014 revenues were $1.60 billion, an increase of 11.1% over 2013 revenues of $1.44 billion.
- Its 2014 net income was $73.3 million, compared to 2013 net income of $69.5 million.
In May, 2012, Schnatter hosted a fundraising event for Republican Presidential candidate Mitt Romney at his own Louisville, Kentucky, mansion.
“What a home this is,” gushed Romney. “What grounds these are, the pool, the golf course.
“You know, if a Democrat were here he’d look around and say no one should live like this. Republicans come here and say everyone should live like this.”
Of course, Romney conveniently ignored a brutally ugly fact:
For the vast majority of Papa John’s minimum-wage-earning employees-–many of them working only part-time-–the odds of their owning a comparable estate are non-existent.
Had Obama been the serious student of Realpolitick that his enemies claim he is, he would have predicted that most businesses would seek to avoid compliance with his law.
To counter that, he need only have required 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:
- All employees would have been able to obtain medical coverage; and
- Employers would have been encouraged to provide fulltime positions rather than part-time ones, since they would feel, “I’m paying for fulltime insurance coverage, so I should be getting fulltime work in return.”
The “Casey Doctrine” needs to be kept constantly in mind when reformers try to protect Americans from predatory employers.
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THE RIGHT DEVOURS ITS OWN CHILDREN
In Bureaucracy, History, Law, Politics, Social commentary on January 14, 2016 at 12:12 am“All revolutions,” said Ernst Rohem, leader of Adolf Hitler’s brown-shirted thugs, the S.A., “devour their own children.”
Ernst Rohem
Fittingly, he said this as he sat inside a prison cell awaiting his own execution.
On June 30, 1934, Hitler had ordered a massive purge of his private army, the S.A., or Stormtroopers. The purge was carried out by Hitler’s elite army-within-an-army, the Schutzstaffel, or Protective Squads, better known as the SS.
The S.A. Brownshirts had been instrumental in securing Hitler’s rise to Chancellor of Germany on January 30, 1933. They had intimidated political opponents and organized mass rallies for the Nazi Party.
But after Hitler reached the pinnacle of power, they became a liability.
Ernst Rohem, their commander, urged Hitler to disband the regular German army, the Reichswehr, and replace it with his own legions as the nation’s defense force.
Frightened by Rohem’s ambitions, the generals of the Reichswehr gave Hitler an ultimatum: Get rid of Rohem–or they would get rid of him.
So Rohem died in a hail of SS bullets–as did several hundred of his longtime S.A. cronies.
SS firing squad
At least one member of the Republican Party is now learning that an apparently useful weapon can become a liability.
Ever since Barack Obama became a Presidential candidate in 2008, Republicans have accused him of being ineligible to hold office.
Without a political scandal (such as Bill Clinton’s affair with Monica Lewinsky) to fasten on, the Republican Party opted for slander: Obama had been born in Kenya–and thus was not an American citizen.
From this there could be only one conclusion: That he would be an illegitimate President, and should be removed from office if elected.
And this smear campaign continued after he won the election. Right-wingers like real estate billionaire Donald Trump insisted that Obama had been born in Kenya, not Honolulu.
During his first two years in office, Obama tried to ignore the charge.
But polls repeatedly showed that large segments of the country believed it. Finally, even Obama’s closest advisers warned him: You must address this and put it to rest.
So, on April 27, 2011, the President released the long-form of his Hawaii birth certificate.
The long-form version of President Obama’s birth certificate
For the vast majority of Americans, this settled the issue. In 2012, they re-elected Obama to a second, four-year term.
Nevertheless, for many Right-wingers, even the release of Obama’s long-form birth certificate meant nothing.
Joseph Arpaio, the Right-wing sheriff of Maricopa County, Arizona, claimed that his “investigators” were certain that Obama’s birth certificate was fraudulent.
Responding to Arpaio’s claims, Joshua A. Wisch, a special assistant to Hawaii’s attorney general, said: “President Obama was born in Honolulu, and his birth certificate is valid. Regarding the latest allegations from a sheriff in Arizona, they are untrue, misinformed and misconstrue Hawaii law.”
Fast forward to 2015.
Donald Trump, who had threatened to run for President in 2012, announced his candidacy on June 16. Since then, he has been the front-runner for Republican voters.
But then Texas’ United States Senator Rafael “Ted” Cruz entered the race. As radical and ruthless as Trump, he quickly became the billionaire’s most dangerous competitor.
Rafael “Ted” Cruz
What to do?
Then Trump–or someone in his campaign–had an inspiration. Why not use against Cruz the same “he’s-not-an-American” charge that had been used against Obama?
Cruz, born outside the United States, was not really a natural-born American citizen–and was thus ineligible to be President.
Cruz was born in Calgary, Alberta, Canada, to an American mother and a Cuban father.
The U.S. Constitution states specifically that “No person except a natural born Citizen …shall be eligible to the Office of President.”
Cruz has argued that because his mother was an American, he became an American citizen at birth.
But courts have never ruled on the issue of what constitutes a “natural-born” citizen.
At first, the issue seemed confined to Republican politicians and those likely to vote for them. But then others outside the Right began investigating it.
Mary McManamon, a constitutional law professor at Widener University’s Delaware Law School, concluded in an Open Editorial for The Washington Post:
“Sen. Ted Cruz (R-Tex.) is not a natural-born citizen and therefore is not eligible to be president or vice president of the United States.”
Cruz got an even bigger slap in the face from Laurence Tribe, the celebrated professor of Constitutional law at Harvard University. He has argued before the United States Supreme Court 36 times.
Writing in The Boston Globe, Tribe stated:
“…The kind of judge Cruz says he admires and would appoint to the Supreme Court is an ‘originalist,’ one who claims to be bound by the narrowly historical meaning of the Constitution’s terms at the time of their adoption.
“To his kind of judge, Cruz ironically wouldn’t be eligible, because the legal principles that prevailed in the 1780s and ’90s required that someone actually be born on US soil to be a “natural born” citizen.” [Italics added.]
So long as Cruz stays in the race, Trump will continue to use the “birther” charge against him. And it will continue to dog him, as it did Obama.
Thus, the evil that politicians do lives after them.
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