Constitutional Convention

Trying To Fathom The Supreme Court On Health Care: The Court Under The Microscope

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Yesterday’s oral arguments before the Supreme Court led many observers to think that the Court is about to declare the Obama Health Care law unconstitutional this coming June.

Not so fast, ladies and gentlemen! This is hysteria and panic before the fact, with plenty of opportunity after the Court decision, if it is, indeed, negative!

Emphasis was put on Justice Antonin Scalia’s sarcastic comments about mandating broccoli, a totally ridiculous statement! But one must remember that Scalia is a showboat, a maniacal egotist who loves to hear the sound of his own voice, and get everyone’s attention, and one must remember that the Court was issuing an audio of the oral arguments immediately after the event, a very rare circumstance, and that had to be on Scalia’s mind!

Scalia was thought to be a possible vote, but if it is not, so what, as Scalia is, arguably, a hypocrite who is constantly contradictory, utilizing a broad interpretation of the Constitution, when he wishes to, and other times, pontificating on “originalism”, the idea that we must literally follow the Founding Fathers as they saw things in 1787 at the Constitutional Convention.

More importantly, the view of Justice Anthony Kennedy and Chief Justice John Roberts will be the crucial votes, and although Kennedy and Roberts both expressed some reservations about the Obama Health Care bill and the mandate contained within it, there were also key comments by both that indicated a mind open to consideration of the constitutionality of the law.

Kennedy is usually the swing vote, and seemed conflicted, which can be seen as a good sign, and Roberts seemed very evenhanded, and is known to want to be in the majority, and probably write this most important decision of the past decade, and aware that the Supreme Court does not look very good in the eyes of many people based on recent cases, particularly the Citizens United Case of 2010, on top of the Bush V. Gore case of 2000.

The argument is that if Kennedy goes to the majority, then Roberts will join, and the vote would be 6-3.

And one must point out that the four defenders of the legislation were excellent in their arguments supporting the legislation, with Justice Stephen Breyer, a true intellectual, particularly outstanding in his arguments, but joined by Ruth Bader Ginsberg, Sonia Sotomayor, and Elena Kagan.

So, with one more day of oral arguments, it is not time to give up on support of the legislation, and also realize that one cannot always judge how members of the Court will vote, based on oral argument alone, as often, what is being done is to test both sides in the case, and sometimes, purposely mislead on intentions, in the process of asking the lawyers in the case to defend their side.

This decision is far from certain, but progressives should feel optimistic about it at this point, and simply wait patiently to see the result, knowing that the cause is just and compassionate, and that those of us who support it are on the right side of history with Franklin D. Roosevelt’s New Deal and Lyndon B. Johnson’s Great Society!

Birthday Of The Most Misunderstood And Underappreciated Founding Father: Alexander Hamilton!

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On this day, January 11, in either 1755 or 1757, depending on which historical records one believes, Alexander Hamilton was born in the British West Indies.

Hamilton went on to a life of success, migrating to the American colonies, serving George Washington in the American Revolution, being a delegate to the Continental Congress and the Constitutional Convention of 1787 in Philadelphia, becoming President Washington’s first Secretary of the Treasury, founding the first political party (the Federalists), and promoting what has become the “liberal” interpretation of the Constitution (although it was termed “conservative” at the time).

Hamilton was always controversial, outspoken, opinionated, egotistical, and had so called “skeletons in his closet” regarding his financial and love lives.

But he saved the country during its early years under George Washington with his policies of paying off the national and state debts. He developed the broad interpretation of the Constitution, utilized later by Chief Justice John Marshall and the Supreme Court in the doctrine of “judicial review”. He developed the US Mint; the US Coast Guard; emphasized the importance of manufacturing and industry in the American economy alongside agriculture; started the Bank of New York; and developed the oldest continually published newspaper in America, the New York Post.

Hamilton would be tragically killed by Vice President Aaron Burr in an infamous gun duel in New Jersey in the summer of 1804, dying at the young age of 47 or 49, and remains one of the tragic losses of a young politico, alongside John Kennedy, Robert Kennedy and Martin Luther King, Jr. among others.

It is hard to imagine how America would have evolved without the contributions of Alexander Hamilton!

The Republican Attack On The Constitution: A Threat To American Democracy!

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The Republican Party loves to assert that the Democrats, and progressives in particular, are attacking the Constitution, and that they are the experts on the Constitution.

So therefore, in this Presidential primary season, and in the party membership in Congress, there are statements constantly attacking the court system, anytime that a federal judge or court issues a decision against the conservative view of the Constitution. There are condemnations and calls to change the court system on a regular basis.

One would think that the Democrats and their progressive friends have dominated the courts in recent decades, which, of course, is the exact opposite of the truth!

One forgets that from 1969-2011, there have been only 15 years of Democratic control of the Presidency, as compared to 28 years of Republican control.

The vast majority of federal judges have been Republican appointments, as a result, and Republican Presidents have made a total of 13 Supreme Court appointments over those years, and Democrats have made only 4, two by Bill Clinton and two by Barack Obama!

But now,. Newt Gingrich calls for judges to be required to testify before partisan Congressional committees, a violation of the separation of powers, and a danger to an independent judiciary!

What it comes down to is that Newt Gingrich and all of the Republican opponents, with maybe the exception of Mitt Romney and Jon Huntsman, wish to create a court system that would move away from the path breaking changes that the Supreme Court brought about during the years of the Warren Court, Burger Court, and Rehnquist Court including:

Brown V. Board Of Education
Miranda V Arizona
Roe V Wade
University Of California V. Bakke
Lawrence V Texas

As it is, there are threats presented by the Republican growth of dominance on the federal courts to all of these issues–racial integration, rights of criminal suspects, abortion rights, affirmative action, and gay rights.

The Republicans will not be contented until there are reversals on all of these issues, and a return to the “good old days”, when minorities “knew their place”; police had unlimited rights over those they questioned or arrested; women had no control over their reproductive rights; minorities and women had disadvantages, as compared to white males, on educational and job opportunities; and gays were forced to remain “in the closet” and face open discrimination and hate without recourse!

So when the Republicans claim to understand what the Founding Fathers meant at the Constitutional Convention, they are forgetting that those esteemed leaders put into the Constitution the “Elastic Clause” to allow for expansion of the Constitution beyond the original document, in order to make the Constitution a “living document” adaptable to changing times.

The real threat is not what the federal courts have done in the past sixty years! It is the attempt of conservatives and the Republican Party to negate the great progress brought about the Supreme Court and lower courts in the past sixty years, and revert back to the years after World War II, when all of these great changes started slowly to evolve through courageous judges and Supreme Court Justices, including Earl Warren, William Brennan, Hugo Black, William O. Douglas, Thurgood Marshall, Harry Blackmun, John Paul Stevens, Sandra Day O’Connor, David Souter, Ruth Bader Ginsburg and Stephen Breyer.

Why Did National Government Grow? Because Of Crises State And Local Governments Could Not Cope With!

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In the midst of constant debate about the validity and size and scope of national government in America, one truth shines out!

In time of crisis, it is the fact and the leadership of federal government that has saved us from disaster!

It was the recognition that state and local governments were unable to deal with anarchy and chaos during the period of the Articles of Confederation in the 1780s, which led to the Constitutional Convention and the establishment of a strong national government.

It was the reality that the Union was being dissolved by the secession of the Southern states, determined to protect their evil institution of slavery at all costs, that forced the growth of national government to keep the Union together, promote economic growth, expand the concept of human rights to all groups, and put America on the road to being a world leader.

It was the threat presented by foreign powers in World War I and World War II which required the growth of national government to protect our national security.

It was the national government which came to the rescue at the heights of the Great Depression, when the nation was in danger of chaos and possible turn toward dictatorship of the left or the right, triumphant elsewhere, but prevented by our national government.

It was our national government which had the ability to protect us during the period of the Cold War with the Soviet Union from 1945-1991.

Despite complaints about tactics, it was our national government which was looked to after the horrific attack on September 11, 2001, and has prevented any further attack.

Try to imagine leaving all of these crises to state and local governments, which so often have proved their incompetence, their inadequacy, their shallow nature, their narrow mindedness. We would not have had the history we have experienced, and would, most certainly, be under the control and dominance of foreign powers!

State and local governments have legitimate roles in our federal system, but it is the national government which has been the “hero” in our history, saving us from harm, chaos, and a future that would have been much more difficult than our national experience has proved to be!

Today Is Constitution Day: How About Truly Understanding The Constitution, Instead Of Politicizing It For Right Wing Propaganda?

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Today is Constitution Day, the day in 1787 when 39 delegates to the Constitutional Convention in Philadelphia agreed to sign the Constitution that they had fought over in four months of debate, and with the element of compromise predominating!

Ever since, the Founding Fathers and what they did has been interpreted in many different ways, and it has become the passion of the Tea Party Republicans and conservatives to distort the meaning of the Constitution and the intentions of the Founding Fathers!

The Constitution has been viewed by these right wingers as promoting a limited national government, advocating states rights, and promoting combination of church and state.

They fail to understand that the Constitutional Convention was a reaction to the states rights, limited national government of the Articles of Confederation, which led to anarchy, chaos, and economic emergency, and proved the need for a strong central government.

They fail to understand that Section 8 of Article 1 on Congress allowed for the “elastic clause”, that Congress shall have the power to enact legislation to “make all laws which are necessary and proper” and to “provide for the common defense and the general welfare”. The Founding Fathers understood that no one could accurately predict the future, and the national government had to have authority to expand the meaning of the Constitution in order to survive and be viable in the long term future of the nation!

The Founding Fathers also clearly understood that while religious freedom should be protected, that there was a need to prevent a theocracy, a control of government by religious viewpoints, and they would be shocked at the attempts of religious fundamentalists to force their moral and spiritual views on American politics and society!

This is the truth and the reality of the Constitution and its meaning for America 224 years after the Founding Fathers, NOT conservatives but rather liberals of their time period, used their joint wisdom and intelligence to create the greatest constitutional document ever created by mankind to govern a free people!

The Absolutely Urgent Need For Compromise In The Tradition Of The Founding Fathers!

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With the nation on the brink of financial chaos, due to the failure to have both sides come to an agreement on the Debt Ceiling and budget cuts, America is entering uncharted territory that is arguably the most dangerous since the Great Depression, and possibly the Civil War!

When one looks at our history, one realizes that our brightest and greatest moment was the time of the Founding Fathers, when compromise ruled and we came up with a Constitution that involved sacrifice of the differing sides of the political battle toward the greater good, compromise to save the nation at a dangerous moment!

When we look at the Civil War, it was exactly the opposite of compromise, and the nation suffered through four long years of war, and two thirds of a million soldiers killed, because compromise was no longer possible.

The Great Depression saw tremendous division, but yet a unity among the American people that they had to support the effort that had been started by Franklin D. Roosevelt, rather than create a divided government of the two houses of Congress in the hands of opposing parties, causing paralysis!

It is time that this nation moved toward a short term solution in the image of the Founding Fathers, followed by a long term solution whereby the American people make a choice as to their future, by giving full authority either to the Democratic Party or the Republican Party to take action without a paralyzed Congress in which no compromise is possible!

It is not acceptable to have a continuation of what the American people, by their lack of knowledge or participation have wrought at the present–divided and paralyzed government! The only way government can work is full control by one party for a four year term of a President, followed by an opportunity for a reversal in view by the American people, but in a manner that allows action, instead of stalemate!

The battle for the future can only be decided by full accountability, not by creating a government which can do nothing except hurl accusations back and forth, and therefore prevent any action! This dangerous situation cannot be allowed to continue!

So therefore, what must be done right now, through compromise?

1. Raise the debt ceiling through the next Presidential election in one action.
2. Agree to long term changes in Medicare that allow gradual raising of the age limit to 67 for people under the age of 50 now, but allowing, as with Social Security, a lowered coverage at age 65 for those who do not wish to wait to 67 to gain full benefits.
3. Raise the Social Security full benefits for future retirees, so that those born in 1980 and after must wait for full benefits to age 68, and those born in 1990 and after must wait for benefits to age 69, but in each case having the ability to gain lower benefits, as now, at age 62 or somewhat later if they wish.
4. Have the Social Security tax apply to all income, not just to $106,800, as with Medicare, which has no limits.
5. Agree that some increase in taxes on the top two percent MUST occur, but less than what has been proposed in the past.

It is essential that the lobbying groups, including those for corporations and the wealthy, and for the AARP and other progressive groups, have to be told that compromise is unavoidable, and that sacrifice is necessary, but in a way that affects people, regarding taxation and the social safety net, in a way that is less harsh, but part of being a patriotic American, accepting responsibility of paying more taxes and recognizing that social programs, to be saved, require some changes in age limits and taxation levels!

Once compromise is reached, both parties go to the country, and hopefully, instead of creating a paralyzed government that can accomplish nothing, we go more in the way of parliamentary government, the creation of total responsibility that can be reversed by the electorate in future elections, if the public is more educated and involved and decides major changes are needed!

So we need a combination of the late 1780s and the 1930s, rather than the 1860s, if we are to have progress as a nation to resolve our differences, and have a government that works!

Politics Is The Art Of Compromise? Not According To The Republican Leadership!

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One learns in any American Government class that “Politics is the Art of Compromise”!

But, apparently, the Republican Party in Congress and in the states that have Republican Governors, believes just the opposite!

Remember that the Constitution came about through compromises in 1787 in Philadelphia!

Remember that Henry Clay, the greatest member of Congress in American history, promoted compromise as essential for progress!

Bipartisanship has been an important part of much of American history, as for instance, the bipartisanship demonstrated in Congress during the Cold War period, supporting Presidents Harry Truman and Dwight D. Eisenhower in their reaction to the Soviet threat!

When compromise has not worked, we had the Civil War, which killed 620,000 Americans!

When compromise has not worked, we have seen the stalemate and gridlock that has paralyzed government, and led to inability to take care of the needs of the nation!

Republican Governors have declared war on the concept of compromise, pushing many states in reverse on basic labor rights and human rights!

So the future looks gloomy, as the Republicans have continued to make clear that they will use every method to stop any part of the Obama agenda!

The battle over the 2012 national budget and the national debt is going to be an historic struggle, with no certainty that anything positive will occur! And the future in many states is also gloomy!