Selected Thoughts on Recent Events

Once upon a time, it was common to see billboards and bumper stickers calling for Earl Warren, Chief Justice of the Supreme Court, to be impeached. Right-wing organizations like the John Birch Society had two principal complaints against him, as set forth in a “wanted” poster from 1958:

Warren is a rabid agitator for compulsory racial mongrelization and has handed down various decisions compelling whites to mix with Negroes in the schools, public housing, in restaurants and in public bathing facilities. He is known to work closely with the N.A.A.C.P. [the National Association for the Advancement of Colored People] and favors the use of force and coercian [sic] to compel white school children to mingle intimately with Negroes.

Warren has been accused of giving aid and comfort to the Communist Party on frequent occasions. He is guilty of inciting riot, disorder and anarchy in Little Rock and elsewhere in his attempts to impose judicial tyranny upon white Southerners. He has illegally transformed the Supreme Court into a Soviet-type politburo with power over the Congress and over the various state governments.

Fortunately, Chief Justice Warren was never in danger of being impeached (although he may have been in danger of being shot). In fact, only one Supreme Court Justice has ever been impeached. That was Samuel Chase back in 1804. The Wikipedia summary says he was impeached for “political bias and arbitrary rulings, promoting a partisan political agenda on the bench”. Sound familiar? The Senate acquitted Justice Chase and since then making ridiculous decisions based on one’s political ideology hasn’t been considered grounds for impeachment. Federal officials generally need to be accused of criminal activity before the House of Representatives will impeach them.

Nevertheless, if “political bias and arbitrary rulings” and “promoting a partisan political on the bench” were ever grounds for impeachment, Justices Scalia, Alito and Thomas would be prime candidates. The three of them were willing to cripple the Affordable Care Act in 34 states because of a single poorly-written phrase, even though it’s standard procedure for the Court to interpret the language in complex laws based on context and legislative intent. Sensible people understood all along that Congress meant to offer subsidies to low-income people in all fifty states. It was only right-wing ideologues like Scalia, Alito and Thomas who thought or claimed to think otherwise.They saw a way to weaken the law and were willing to disgrace themselves in order to purposefully misinterpret it.

If you want to understand the Court’s decision in the Affordable Care Act case, there is a helpful summary on the Court’s website. They call it a “syllabus” and it’s only five pages long. The majority opinion begins at page 6 of the same PDF document and Scalia’s bizarre dissent begins at page 27.

If Scalia were really as angry as his overheated language implies, he would have dropped dead a few pages into his opinion. Maybe next time.

Moving on to other recent events, I’m trying to understand why some people are opposed to gay marriage because they think it will infringe on their own religious liberties. That may be a future topic. Meanwhile, here are two excellent paragraphs from an article by Andrew O’Hehir called “America Is Changing, and Marriage Equality Is a Huge Victory — But We Need To Go So Much Further”:

An entire strain of right-wing commentators, exemplified by Ann Coulter and Bill O’Reilly, have built careers on casting the left as treasonous America-haters who piss on the flag at every opportunity. This is a moment for people who believe in social justice to accentuate the positive, for damn sure. Beyond that, it’s also a moment that makes clear who really hates America – who hates the democratic and egalitarian potential of America, the America that does not quite exist but is struggling to become real. The America that the Coulter-O’Reilly caste claims to love does not exist either, but it never did and never will; it’s not just 1954 but a thoroughly fictional version of 1954, in which women and African-Americans were content to live in subjugation and Latinos, Muslims and LGBT people were invisible….

It’s essentially tragic that so many people feel themselves under attack from the expanded application of basic principles of fairness and justice. It cannot be a good thing that millions of Americans are so imprisoned by toxic ideology that they are unable to share in this collective celebration of hope and happiness, that they seem so determined to wall themselves up in mental ghettoes of intolerance, and that they seem devoted to waging endless rearguard combat in defense of “traditional values” rooted in a constricted understanding of God and the Christian faith and America. As the congregants of Emanuel African Methodist Episcopal Church told us a week ago in such moving and memorable fashion, love is stronger than hate. Many people in our country who call themselves Christians would do well to reflect on that.

More, but not a lot more, here.

The Second Bill of Rights

If Franklin Roosevelt had lived longer, the United States might have a Second Bill of Rights. We might have had more amendments to the Constitution, or simply a collection of new laws, but in either form we would have established a set of economic rights to go along with the political rights already stated in the Constitution.

This was news to me until recently. Here’s what President Roosevelt said in his State of the Union address on January 11, 1944, as the war continued in Europe and the Pacific:

It is our duty now to begin to lay the plans and determine the strategy for the winning of a lasting peace and the establishment of an American standard of living higher than ever before known. We cannot be content, no matter how high that general standard of living may be, if some fraction of our people—whether it be one-third or one-fifth or one-tenth- is ill-fed, ill-clothed, ill housed, and insecure.

This Republic had its beginning, and grew to its present strength, under the protection of certain inalienable political rights—among them the right of free speech, free press, free worship, trial by jury, freedom from unreasonable searches and seizures. They were our rights to life and liberty.

As our Nation has grown in size and stature, however—as our industrial economy expanded—these political rights proved inadequate to assure us equality in the pursuit of happiness.

We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. “Necessitous men are not free men.” People who are hungry and out of a job are the stuff of which dictatorships are made.

In our day these economic truths have become accepted as self-evident. We have accepted, so to speak, a second Bill of Rights under which a new basis of security and prosperity can be established for all regardless of station, race, or creed.

Among these are:

The right to a useful and remunerative job in the industries or shops or farms or mines of the Nation;

The right to earn enough to provide adequate food and clothing and recreation;

The right of every farmer to raise and sell his products at a return which will give him and his family a decent living;

The right of every businessman, large and small, to trade in an atmosphere of freedom from unfair competition and domination by monopolies at home or abroad;

The right of every family to a decent home;

The right to adequate medical care and the opportunity to achieve and enjoy good health;

The right to adequate protection from the economic fears of old age, sickness, accident, and unemployment;

The right to a good education.

All of these rights spell security. And after this war is won we must be prepared to move forward, in the implementation of these rights, to new goals of human happiness and well-being….

I ask the Congress to explore the means for implementing this economic bill of rights… Many of these problems are already before committees of the Congress in the form of proposed legislation. I shall from time to time communicate with the Congress with respect to these and further proposals. In the event that no adequate program of progress is evolved, I am certain that the Nation will be conscious of the fact.

The President began his fourth term one year later, on January 20, 1945, but he didn’t live past April. President Truman took over and didn’t pursue the idea of an economic Bill of Rights.

There’s more about the speech, including the full text, here. Roosevelt would have delivered the State of the Union to Congress, but he didn’t feel well that night. Instead, he gave the speech over the radio from the White House (Congress received a printed copy). But he also had parts of the speech filmed by newsreel companies so it could be shown in movie theaters. Here’s some of that footage:

Roosevelt said a lot else that night. For example, he criticized what we now call “special interests”, calling attention to the millions of people with “few or no high pressure representatives at the Capitol”:

The overwhelming majority of our people have met the demands of this war with magnificent courage and understanding…. However, while the majority goes on about its great work without complaint, a noisy minority maintains an uproar of demands for special favors for special groups. There are pests who swarm through the lobbies of the Congress and the cocktail bars of Washington, representing these special groups as opposed to the basic interests of the Nation as a whole. They have come to look upon the war primarily as a chance to make profits for themselves at the expense of their neighbors – profits in money or in terms of political or social preferment.

Well, that situation has only gotten worse since 1944.

Roosevelt also warned against right-wing reactionaries trying to turn back the clock:

One of the great American industrialists of our day … recently emphasized the grave dangers of “rightist reaction” in this Nation. All clear-thinking businessmen share his concern. Indeed, if such reaction should develop — if history were to repeat itself and we were to return to the so-called “normalcy” of the 1920’s — then it is certain that even though we shall have conquered our enemies on the battlefields abroad, we shall have yielded to the spirit of Fascism here at home.

Even if Roosevelt wasn’t feeling well that night, I bet he would have had a good laugh if someone had suggested that a certain 32-year old actor, then making Army Air Force training films in California, would one day lead just such a right-wing reaction.

Justice Ginsburg Shoots Down a Dumb Conservative Argument

Our era’s radical Republicans are willing to take a conservative position when it suits them. Thus, during the recent Supreme Court argument regarding same-sex marriage, the right-wingers on the Court pointed out that marriage has involved a man and a woman for thousands of years. From ThinkProgress:

The Court’s conservatives [sic] fixated upon their belief that same-sex marriages are a very new institution. “Every definition [of marriage] I looked up prior to about a dozen years ago,” Chief Justice John Roberts claimed, limited marriages to opposite-sex couples. Advocates for equality, Roberts continued, are “seeking to change what the institution is.” Meanwhile, Justice Samuel Alito argued that even “ancient Greece,” a society he perceived as welcoming to same-sex relationships, did not permit same-sex marriage. Justice Antonin Scalia insisted that “for millennia, not a single society” supported marriage equality.

A natural response would have been: “Of course, and now we’re changing that. Sometimes we make progress”. Justice Ginsburg, however, pointed out that for thousands of years marriage was legally defined as a relationship between a dominant man and a subordinate woman. A further ThinkProgress article on the subject quotes the 18th century legal authority Sir William Blackstone:

…the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and consolidated into that of the husband; under whose wing, protection and cover, she performs everything.

Traditionally, wives were subservient to their husbands. Being married wasn’t a relationship that two men or two women would ordinarily enter into. Today, however, the law considers marriage to be a relationship between equals. Since marriage is now egalitarian from a legal perspective, it makes sense for anyone who wants an equal partner, whether that partner is of the opposite or same sex, to want to be married. Since there are benefits to being married, and since being able to procreate isn’t a requirement, justice dictates that any two adults who want to get married should be allowed to.

A Month of Unwritten Posts Condensed Into One

It’s not as if there’s a shortage of reading material on the Internet. Nevertheless, since I haven’t done my part lately:

You might hear of a new Quinnipiac University poll, according to which Fox News is the most trusted network news in America. The poll found that 29% of American voters trust the news on Fox more than any other network. However, the poll also found that 57% of American voters trust either CNN, ABC, CBS, NBC or MSNBC more than Fox. In other words, 29% of us trust the right-wing propaganda “news” delivered by Rupert Murdoch, and twice as many of us trust the other kind, the “mainstream media” news that Rupert doesn’t own. So it’s bad enough, but not as bad as it sounds.

Meanwhile, a Pew Research Center poll found that 53% of Americans disapprove of the Affordable Care Act, even though the ACA has resulted in more people getting health insurance than the Obama administration predicted, while contributing to slower growth in overall healthcare spending. A Bloomberg article helps explain this discrepancy. First, many people think they can do without the comprehensive health insurance the law mandates and resent paying for services they’ll never need (like maternity care) or don’t think they’ll ever need (like rehabilitation). Second, more than half of the big companies in America have told their employees that the ACA is forcing them to pay even more for health insurance.

The Bloomberg article says that the coverage mandates aren’t making health insurance more expensive. The mandates are merely “pooling the cost of that coverage across more people”, which is why fewer people are having trouble paying for healthcare. Furthermore, employers are blaming an ACA provision (the so-called “Cadillac” tax) for immediate cuts in benefits and higher insurance payments, even though it’s unlikely that these employers will ever be subject to that provision.

But does it matter what the facts are? According to a very interesting article by Heather Cox Richardson, Professor of History at Boston College, America’s right-wing doesn’t accept the importance of empirical evidence or rational argument. She traces this amazing attitude back to William F. Buckley Jr.’s 1950s book God and Man at Yale. Richardson says that:

Buckley rejected the principles that had enabled social progress for centuries and laid out a mind-boggling premise: The Enlightenment, the intellectual basis of Western Civilization, was wrong.

Rational argument supported by facts did not lead to sound societal decisions, Buckley claimed; it led people astray. Christianity and an economy based on untrammeled individualism were truths that should not be questioned. Impartial debate based in empirical facts was dangerous because it led people toward secularism and collectivism—both bad by definition, according to Buckley. Instead of engaging in rational argument, Buckley insisted, thinkers must stand firm on what he called a new “value orthodoxy” that indoctrinated people to understand that Christianity and economic individualism were absolute truths.

If we accept the premise that Christianity and economic individualism (the idolatry of the “free market”) are absolute truths, it makes sense to reject any contradictory ideas, however well-founded those ideas are given the empirical evidence.

For example, the governor of Minnesota, Mark Dayton, inherited a $6 billion deficit from his predecessor, a self-styled “fiscal conservative” who wouldn’t raise taxes. Dayton convinced the legislature to raise taxes on the rich and increase the minimum wage. Republicans predicted, as always, that businesses would leave the state and unemployment would rise. What actually happened was that the deficit turned into a surplus, unemployment went down and Minnesota now has one of the best economies of any state. Forbes Magazine (a bastion of capitalism) recently ranked Minnesota as having the 7th best “economic climate” and the 2nd best “quality of life” in the nation.

But if you believe that higher taxes on the rich and a higher minimum wage are absolutely wrong, since they conflict with your “understanding” of morality and economics, it’s understandable that you’ll reject the evidence. Nothing that conflicts with absolute truth can possibly be true.

To end on a positive note, however, consider that Larry Summers, a leading economist and Wall Street-friendly Democrat, is now arguing for a relatively progressive set of policies. According to an encouraging article by Thomas Edsall of the New York Times, Summers has concluded that “free market capitalism, as now structured, is producing major distortions”:

In order to stem the disproportionate share of income flowing to corporate managers and owners of capital, and to address the declining share going to workers, the report calls for tax and regulatory policies to encourage employee ownership, the strengthening of collective bargaining rights, regulations requiring corporations to provide fringe benefits to employees working for subcontractors, a substantial increase in the minimum wage, sharper overtime pay enforcement, and a huge increase in infrastructure appropriations – for roads, bridges, ports, schools – to spur job creation and tighten the labor market…. Summers also calls for significant increases in the progressivity of the United States tax system.

Summers has advised both President Obama and Hillary Clinton on economic matters, so it’s a positive sign that he now advocates more worker-friendly policies.

Finally, with our harsh winter finally winding down, I want to express my sincere appreciation for everyone who has to work outside or travel to their jobs during terrible winter weather. Many such people aren’t able to take a day off or “work at home”, because you can’t drive a snowplow or staff your boss’s restaurant from your living room. I also want to express my profound appreciation for whoever devised the snow shovel with a bent handle. I’ve used one for years and there’s nothing better for shoveling snow while avoiding back pain!

backsaver-shovel2

A Few Reasons We’re Getting Screwed

It’s one thing to get screwed. It’s another thing to know why. From recent reading:

Instead of raising wages, hiring more workers or investing in research and new equipment, corporations are increasingly accumulating cash and buying their own stock. This raises the corporation’s stock price, enriching the people in charge (who receive much of their compensation in the form of stock and stock options) and shareholders (who tend to be the wealthiest among us), but does little to improve the lives of most Americans. Some statistics from The Atlantic‘s “Stock Buybacks Are Killing the American Economy”:

Over the past decade, the companies that make up the S&P 500 have spent an astounding 54 percent of profits on stock buybacks. Last year alone, U.S. corporations spent about $700 billion, or roughly 4 percent of GDP, to prop up their share prices by repurchasing their own stock.

Instead of doing something productive.

The Atlantic article is by Nick Hanauer, a very successful capitalist who acknowledges that inequality is a problem that needs to be addressed. A poorly-named article from Salon called “Let’s All Screw the 1 Percent” cites an article Hanauer wrote last year about overtime pay.

We all know that wages have stagnated for many workers or even declined when adjusted for inflation. In order to have the same buying power it had in 1968, the federal minimum wage would have to be raised from $7.25 to almost $11.00 (see this attempt at myth-busting from the Department of Labor). What isn’t as well-understood and what Hanauer pointed out is that millions of workers would and should be receiving overtime pay, even though they aren’t paid by the hour (declaring workers to be “exempt” and giving them a salary is, of course, a great way to force people to work long hours without extra compensation). From the Salon article by Paul Rosenberg:

…there’s a wage level below which everyone qualifies for mandatory time-and-a-half overtime, even if they’re on a salary, and that level has only been raised once since 1975, with the result that only 11 percent of salaried Americans are covered today, compared to over 65 percent of them in 1975. If you make less than $23,660 a year as a salaried worker, you qualify for mandatory overtime—if not, you’re out of luck.  … Just adjusting the wage level for inflation since 1975—an act of restoration, not revolution—would be as significant an income increase for millions of middle-class Americans as a $10.10 or even $15 minimum wage is for low-wage workers.  It would cover an additional 6.1 million salaried workers (by one account) up to $970 per week, about $50,440 annually—the vast majority of those it was originally designed to protect, but who have slowly lost their protections since the 1970s. Hanauer proposes a slightly greater increase, intended to cover roughly all the workforce that was covered in 1975. That would raise the threshold to $69,000 annually, and would cover an added 10.4 million workers.

What was also surprising to me is that the President can raise the $23,660 threshold without the approval of Congress. Last year, in fact, President Obama promised to do just that. This website for Human Resources specialists predicts that the threshold for overtime pay will be increased in 2016, but only to around $45,000 (they also predict that the rules for declaring an employee to be “exempt” will be tightened, making more workers eligible for overtime pay).

In a related article at the Alternet site, a postal worker explains why the people delivering your mail during the week or a package from Amazon on Sunday may not look as official as they used to (jeans and a sweatshirt seem to have replaced those blue uniforms in my neighborhood). Paul Barbot says that he is a City Carrier Assistant:

City Carrier Assistants are a brand new classification of employee within the postal ranks; we are the low-wage, non-career, complement workforce at the USPS. Before [a 2013] reclassification, we were called Transitional Employees and made a respectable $23.52 hourly rate, only several dollars per hour less than what the average career employee made. But with the USPS management’s financial woes … a low-wage workforce was needed to help entice big business into choosing the postal service to partner up with. City Carrier Assistants now perform the same work they did when they were called [“Transitional Employees”], but now they get to do that work for 31 percent less pay ($16.68 per hour)….Newly hired CCAs will make even less —starting at $15 per hour.

Barbot argues that this lower-wage workforce helped the Postal Service and Amazon reach a “Negotiated Service Agreement” regarding special treatment for Amazon packages. 

And finally, The Guardian reports (no surprise) that:

Poor Americans are less likely to vote and more likely to distrust government, study shows… Political engagement, it appears, is a privilege for those who aren’t struggling to make ends meet…

while the right-wing Koch brothers, who aren’t struggling at all (not even with their consciences), plan to spend almost $900 million in 2016 in support of reactionary candidates, almost twice what they spent in 2012.