The Pseudo Conservative, Pseudo Libertarian Views of Glenn Beck and Ron Paul

Glenn Beck and Ron Paul and most of the other "small government dogma" types that push this "the government is the problem" swill like to pretend that they are "conservatives" or "libertarians".  But, they are really neither if you go by the more traditional, classic definitions of the terms.

The first tenet of original libertarianism, which has cross mojinated with modern "conservatism" at this point,is that the ONLY legitimate purpose of government is to protect the rights of the people. I wonder how you can protect people's rights without protecting their person or how you can abstractly separate rights from physical well being with regards to regulations, laws, government agencies or whatever, but somehow Beck and his followers think they make sense. They don't.  Conservatism also used to be about espousing the traditional, spiritual, community values and care for neighbors or the "least of these".  Somehow, conservatism has morphed into Ayn Rand's anti altruistic, pro business, pro corporate, anti government version of reality.  It makes no sense to me and it probably doesn't make sense to you if you are reading on this website.

Chaps like Glenn Beck and Ron Paul, et al, say they want to minimize government and that no one should expect the government to protect them. He asserted that since the government can't, won't or shouldn't protect us that we need to all keep guns around and be ready to get in line for a bucket brigade in case of catastrophe as if we live in Tombstone of the old west or something.

As Ken Brooker Langston points out in his article "Why I Am Not A Libertarian", its true that of all the political groupings out there, guys like Beck and his followers have the most grandiose rhetoric. They get to spout all that stuff about freedom vs. tyranny and use the quotes the founding fathers made about King George and so on...

It's also the perfect belief system for young, uneducated or fundamentalist people that see things in stark black and white and especially young males. You don't need knowledge or experience or details or nuances on complicated issues. All you need to "get it" is to buy in to essentially ONE BIG IDEA that supposedly resolves everything- that other than a minimalist military and court system that government and taxation is evil, that all you need is more gun rights, slight protection of life by the authorities, to enforce property rights and contracts and then the "free market" AKA Ayn Rand's magical, laissez faire economic principles will take care of everything else. How do I know this? Because for a few years as a college freshman and sophomore between 1982-84 I bought it and learned ALL the arguments before I grew up and figured out that the world doesn't work that way. It never has and never will no matter what you call it, reaganomics, trickle down economics, free market capitalism, whatever. It has been tried and it has a track record of success on par with hardcore socialism, it sucks.  Someone will say that the death toll from hardcore socialism is much higher... but you can only try to make a point like that if you decide not to count the mega- millions of laborers, Indigenous people, American Indians, Africans and so on that died and are still dying in the ongoing conquest of the West and the endless quest for the gold, coal, oil, timber, cotton and gemstones.

Beck and the rest of the pseudo-conservative/libertarian's view of political realities is a caricature, a simplistic right wing fantasy and it just can't work.

The truth is actually that we live in a society that is a hybrid of pure capitalism or socialism and it has been for a very long time... It works somewhat ugly when it "works" (depending on who and where you are) at all... It has boom and bust cycles and trends, but its about as good as we can expect to do at trying to manage a complex, pluralistic country in a complicated and jacked up world, especially when we've put corporations, materialism and consumerism and the profit motive at the very pinnacle of our value system.

As for me, I don't really care if the government is big or small so long as it is doing the right things and doing them as efficiently as possible and it does not impinge too much upon my personal life.  In this approach one does not need either "small government" or "more government" dogmas.

One day guys like Beck and the rest will be mere shadowy and unpleasant memories in a world that has left them behind... assuming we don't crash and burn the planet or Western "culture" first.  Some days I am more optimistic about the future than others.  After reading about Rick Perry's latest poll numbers, today is is one of the less optimistic days.

Geysers and Floods of Pig Feces: The Bush Environmental Legacy

In light of the threat of Hurricane Irene wreaking havoc once again in the Coastal Carolinas I have decided to take up the sword and blog again.  Just as Hurricane Floyd did in 1999 when it washed out millions of gallons of animal waste from concentrated animal feeding operations, Hurricane Irene threatens a repeat of the same catastrophe since there are, as far as I can tell, still no hard regulations or laws dealing with the waste management practices of Concentrated Animal Feeding Operations (CAFOs). 

For now, allow me to address this matter with this old chestnut that I once crafted for my circle of e-mail friends in the days before Facebook and Twitter. Enjoy: 

Geysers of Pig Feces: The Bush Environmental Legacy:

(excerpted and adapted and de-nastywordified from a book by Al Franken, arch enemy of one Bill O'Reilly; Al Franken, Lies and the Lying Liars Who Tell Them:  A Fair and Balanced Look at the Right, Dutton, New York, 2003, p. 329-335.  Since then Franken Became a Senator and Bill is still Bill and somehow still on the air although entrapped in the hermetically sealed bubble of FOX News's version of reality)

Former President G.W. Bush would argue that our natural resources are best managed by people intimately familiar with all the relevant regulations and statutes, and the tricks polluters use to evade them.

I agree. Such people include academics, regulators, and envi­ronmental advocacy groups. Experts all. Oh, but let's not forget the lobbyists for the polluters themselves. In their own way, they are every bit as expert. This last group seems to be disproportionately represented in this administration. There's people like: I am not going to put you through a long list of horrible environ­mental actions taken by this administration. Instead, I refer you to what TeamFranken calls the Internet. For instance, a Google search of the terms "Bush, horrible, environment" yields 42,500 websites, some of which discuss Bush's environmental record without any reference to horny, barely legal coeds.

Instead, I want to focus on what, for me, is the symbol of the Bush administration's relationship to the environment: the sky-scraping pig feces geyser.

The scene I described at the beginning of this chapter was not from some science fiction movie. It's very real. It happened on one of the growing number of factory farms that are despoiling vast tracts of America. It's a very, very crappy story.

Before we start, allow me to make it clear that I love meat. In fact, I am eating meat right now. Sitting to my right are two mem­bers of TeamFranken. Sitting to my left are two pounds of summer sausage.

Twenty years ago, the hogs produced in this country were raised by family farmers. Today, three companies produce 60 per­cent of all the hogs in America. And they do it in factory farms, or CAFOs: Concentrated Animal Feeding Operations.

Concentrated Animal Feeding Operations are, perforce, Con­centrated Animal Feces Operations. Every hog produces ten times as much feces as a human being. Imagine if you produced ten times as much shit as you do right now. You'd probably be able to read this entire book on the can, instead of just this one chapter.

A single CAFO in Utah is home to 850,000 hogs, producing as much shit as the city of New York. New York City has fourteen sewage treatment plants. CAFOs have none. This presents some­thing of a problem.

In order to dispose of hog waste, farmers have, since time im­memorial, used it as fertilizer. It's a nice idea. The pig eats an ear of corn and, two or three minutes later, takes a dump. The feces is then used as fertilizer to grow more corn, which is then fed to the pig, producing more feces, and so on and so forth. It's the circle of life.

The concentration of hundreds of thousands of animals in a small area has disrupted this delicate balance by overloading the feces side of the equation. The waste from a hundred thousand pigs cannot be recycled in the same way. This is where our lagoons come into play.

A typical factory farm lagoon holds anywhere from five to twenty-five million gallons of untreated pig dung. As you might imagine, it smells a bit. In fact, according to pilots, you can smell a CAFO dung lagoon from an altitude of three thousand feet. The smell also travels horizontally. People lucky enough to live in the vicinity of an industrial hog farm are, with each breath, made keenly aware of the cause of their declining property values. If you live downwind of a CAFO, the value of your property drops thirty percent. If you drink a glass of orange juice, it tastes like hog shit.

"I've seen grown men cry because their homes stank," says Don Webb, a very sad retired hog farmer.

The dung stink is exacerbated by the practice of spraying excess shit into the air and onto fields of Bermuda grass when the lagoons threaten to overflow. The industry maintains that spraying the shit onto Bermuda grass is a productive way of recycling the sewage, al­though the grass is so toxic that it will kill any animal that eats it. At any rate, most of the sprayed feces just goes into the environ­ment, seeping into the groundwater, into the air, and into rivers and streams.

In 1995, a spill from one of these lagoons killed a billion fish in the Neuse River of North Carolina. Every year since, dead fish have continued to wash up onshore by the tens of millions. They're not dying from the smell. No, these fish are falling prey to a pre­viously unknown life form spawned in the pig shit basins and car­ried into the river waters: the pfiesteriapiscicida. This dinoflagellate is a microscopic free-swimming single-celled organism that can mutate into at least twenty-four different forms, depending on its prey. It attacks the fish, stunning them with one toxin, then lique­fying their flesh with another, then feasting on the liquefied skin and tissue. This is why so many of the fish in the Neuse (dead and alive) sport horrible, bloody lesions.

The fishermen and bridge keepers of the Neuse have also de­veloped these ugly sores, which is why they don't wear shorts on a first date. Of course, it's hard to get a date when you suffer from lethargy, headaches, and such severe cognitive impairment that you can't remember your own name or dial a telephone number. Which pfiesteria also causes.

Because the meat industry in this country has become vertically integrated, Big Meat has put the small independent hog farmer out of business. Twenty years ago there were 27,500 family hog farm­ers in North Carolina alone. Now there are none. Today, a single company named Smithfield owns more than 70 percent of the state's hogs. Small farmers are learning that you can't beat Big Meat.

Nobody claims that factory farming is pretty. But its defend­ers say that it brings economies of scale that drive down the price of meat for consumers. This is true as long as you don't factor in the all the dung. Bobby Kennedy, Jr., president of the Waterkeeper Al­liance, told me that, if the waste were disposed of legally, the cost of pork from factory farms would be higher than pork from fam­ily farms.

They cannot produce hogs, or pork chops, or bacon more ef­ficiently than a family farm without breaking the law. They aren't about the free market, because they can't compete without committing criminal acts every single day. Their whole system is built on being able to disable or capture gov­ernment agencies.

They're not in favor of responsibility, or democracy, or private property. It's just about privatizing the air, water, all the things that the public's supposed to own. They are try­ing to take them away from us, privatize them, and liquidate them for cash.

That's the only coherent philosophy they have. That's it.

Yeah!

To be totally honest, I wish the Clinton administration had done more to address the pig shit problem. But at least he was pushing in the right direction. Toward the end of his administra­tion, the EPA issued stringent new CAFO regulations, requiring hog factories to take responsibility for their waste and initiating suits against some of the violators.

When Bush took office, his appointees gutted the regulations. Eric Schaeffer, head of enforcement for the EPA, resigned in disgust after being told to drop the agency's cases against the of­fending conglomerates. The administration cut a deal granting im­munity to factory farm air polluters, and its Republican allies in Congress defeated a proposal by Paul Wellstone to bar hog pro­ducers from also owning the slaughterhouses. As Bush's stance on pig feces became clear, you could hear the squeals of joy at Smithfield.

They say that a rising tide lifts all boats. But in a pig dung lagoon, the only boat that rises is the one on top of the geyser.

Perhaps there is someone reading this who is saying, "Give me a break, Al. I don't care about pigs, or pig waste, or family farms, or mountaintops, or this pfiest-a-mahoosey, or the environment." To you, I have this to say: You were not legitimately elected pres­ident, sir.

But I respect the office you hold, and I'm honored that you're reading my book.

(apply standard disclaimers about his views not necessarily being my views here)

Who's afraid of the WTO?

Who's afraid of the WTO? It's only a bunch of liberals, hippies, tree huggers, pinkos, commies, socialists a nutjobs, right? Wrong. You should be and here's why:


What is so bad about the WTO that people have been prepared to risk becoming victims of police violence and media vilification to protest against it? The reason that people are so passionate about speaking out against the WTO is that the WTO makes decisions that affect the whole world. This includes you.

The World trade Organization is an organizational body that exists to “promote international free trade” at any cost. It has no connection with the UN and although its members are governments, they represent the interests of corporations rather than ordinary citizens. In its own words, the WTO exists to eliminate what it defines as barriers to trade. But, increasingly around the world, people are finding that what is being removed is simply their basic rights. From human rights, workers rights and free speech to public health, education and the environment, these issues are steamrolled by the WTO in the quest for profit.

Thousands of concerned citizens have protested against the WTO’s valuing of profits over people. Now, it’s easy to think that a group of high flyers making decisions about trade is a bit irrelevant to you. But actually, their decisions have an impact on almost every aspect of your life, from your wages and conditions at work to education, health, the food you eat to indigenous issues and the environment.

The fundamental difference between the WTO and other international bodies is that the WTO exists expressly to advocate the interests of business and does NOT represent the interests of citizens. The WTO sees issues of human rights, workers rights, health and the environment simply as “barriers to trade” and forces governments to neglect these issues or suffer penalties. Under WTO law, it is illegal to give preference to a company just because it has good human rights or environmental practices. It is also illegal to discriminate against a company because it has a bad human rights record or causes environmental damage. With these laws, how can we prevent trade in endangered species or the production of toxic wastes? How can countries limit exports of food when there is a national famine or of tree trunks when the forests are laid to waste? How can we guard against human rights abuses in child labor in sweat shops?

The WTO also penalizes countries in other ways. If our government urges us to buy American made, it will be penalized by the WTO. If an impoverished country with a starving population tries to give financial assistance to its farmers to provide food for their own people, the WTO will penalize that government. In fact, policies that give preference the use of local materials or labor are illegal under WTO Laws. These rules of the WTO are unfair because they favor rich, developed countries and have terrible impact on developing countries. For example, their laws promoting free trade allow floods of cheap imports to wipe out the livelihoods of small farmers. Maize prices received by poor, Mexican farmers have halved since Mexico was force to open its borders to cheap, U.S. maize, causing havoc in the countryside. But, even more unfair is that the richest countries break these rules under the WTO’s blatant double standards. For example, the WTO has a law that makes governments reduce subsidies to farmers, yet loopholes in this law allow Western governments to increase the support to their own farmers. The U.S. government forks out twenty thousand U.S. dollars per farmer per year in subsidies.

The WTO encourages human rights abuses in its quest for “free trade”. It gives advantage to countries that break international human rights and labor rules. The WTO laws override existing national laws, deeming them all “barriers to trade” and sweeping aside all environmental, social, public health considerations. WTO rules have had a devastating effect on world health in an effort to protect the profits of large drug companies. Seven million people in developing countries die every year from preventable diseases because the WTO prevents them from accessing basic medication. In Africa, eleven million people have died of AIDS, yet the WTO discourages them from buying cheaply produced, generic, life saving drugs, insisting that the rights of drug companies to protect their profits through patents is more important than saving lives.

The WTO does not even allow countries to refuse to import a product that may be hazardous to the health or destructive to the environment unless they have undeniable scientific proof to the satisfaction of the WTO. Canada, the world’s biggest asbestos producer hopes to take advantage of this to force Europe to accept the carcinogenic substance again. The rules passed by the World Trade Organization protecting patents mean that the world’s indigenous people cannot use the medicines that they have used for thousands of years and find that they have to buy back their traditional knowledge from corporations.

So, if the WTO is so extreme, why don’t ordinary people know more about it? The answer is that commercial media, a supposedly “liberal” media, doesn’t cover these issues. If people knew how their lives were affected by the WTO’s decisions and how the interests of overrode the needs of people, there would be a worldwide revolution. Commercial media is protecting its own profits by suppressing discussion about the WTO. We are prevented from taking part in the media, so now we are forced to shout over the top of it.

The Campaign Against Medicare

Many of the same arguments used against Medicare (a successful program) are still in use against healthcare reform legislation today.   

With Reagan’s 1961-62 campaign against Medicare, a symbolic line was crossed, the line separating business booster from political operative.

Beginning in 1952 the Truman Administration, through Federal Security Administrator Oscar Ewing, had begun advocating medical care for the aged—what would become Medicare. This was a retreat from Truman’s earlier calls for universal health care for all Americans. The implacable opposition of the AMA and other pressure groups made universal health care an impossible goal. By scaling back the ambition of the health care plan to encompass only aged Americans receiving Social Security, the Truman Administration hoped to mollify the conservative opposition.
In 1952 the first bill was introduced in Congress to create a Medicare program. The AMA immediately announced its opposition and worked tirelessly and successfully to prevent any such program from advancing in the Congress.
In 1958 the debate over Medicare acquired new intensity as Congressman Aime Forand (D-RI) introduced a bill in the Ways and Means Committee that was drafted by the Medicare-advocates who, in 1965, would play key roles in the eventual enactment of the legislation. The Forand bill was the most serious effort to introduce Medicare, and the AMA mobilized a massive campaign against it, quintupling its lobbying budget to fight Forand. Ultimately, Forand’s bill was bottled-up within the House Ways and Means Committee, but its popularity with both politicians and some segments of the public (labor united behind the idea of Medicare for the first time for example) gave the AMA a real scare.
By 1960 the two groups had been at loggerheads for nearly a decade and a compromise to the conflict was proposed by Senator Robert Kerr (D-OK) and Representative Wilbur Mills (D-AR). The Kerr-Mills bill—which like the Forand bill was also drafted in part by Medicare-advocate Wilbur Cohen—sought to substitute for a federal Medicare program covering aged Social Security beneficiaries, a state-based welfare program covering only the medically indigent and the aged on state welfare rolls. This scaled-back scheme was enacted into law in September 1960.
The Kerr-Mills plan had important differences from Medicare. First, it was a welfare benefit, limited in its scope to those able to demonstrate lack of financial means. Second, the programs would be state-based, rather than federal. But most importantly, the program would be entirely optional for the states. If a state chose not to construct a health care program under Kerr-Mills, they were free to ignore the law. Senator Pat McNamara (D-Mich.)—who was an opponent of Kerr-Mills—complained at the time, “The blunt truth is that it would be the miracle of the century if all of the states—or even a sizeable number—would be in a position to provide the matching funds to make the program more than just a plan on paper.”17
On its face, Kerr-Mills had the potential to be more generous in some ways than a Medicare-type program. At the time, there were 2.4 million seniors receiving state old-age assistance, and an estimated 10 million medically indigent who were not on state welfare rolls but who were unable to pay their own medical bills. Some or all of this population might be covered, depending upon the decisions of the individual states. This contrasted with the 14 million Social Security beneficiaries at the time. So in terms of scope, Kerr-Mills was likely to be a somewhat smaller program. But in terms of types of services, and the generosity of coverage, Kerr-Mills was virtually unlimited, with the federal government pledging to pay from 50% to 80% of the costs of whatever programs the various states created. But 50-80% of nothing is still nothing; so if a state failed to create a program—or created a very stingy one (as is typical for welfare benefits)—the theoretical federal support would be likely to not come to very much. Indeed, by 1963 there were still 18 states which had never implemented Kerr-Mills, three years after the legislation was enacted, and five large industrial states with only 32% of the medically-indigent were receiving nearly 90% of the federal funds expended under the program.18
Initially, even this truncated approach to social provision was bitterly resisted by the AMA. If Truman’s universal health care plan was socialism through and through; the scaled-back Medicare proposals were just socialism’s foot in the door; and even a Kerr-Mills program would just be socialism-lite. But finally, the AMA bowed to political realities and dropped its opposition to Kerr-Mills.
At this point, in 1961-62, Kerr-Mills was the AMA’s fall-back position in its continued opposition to Medicare legislation. The AMA’s argument was that Medicare was unnecessary because Kerr-Mills was a sufficient solution to the problem of medical care for the elderly. Given the limitations of Kerr-Mills, it is not surprising that the program failed to accomplish very much in the five years before it was repealed. A cynic might suspect that failure to accomplish very much was probably just what the AMA hoped for.
In the subsequent political battles over Medicare, the AMA would deploy an alternative strategy, rather than relying on support of the Kerr-Mills legislation. Following the 1964 presidential election, the AMA developed an alternative to Medicare which they labeled “Eldercare.” This scheme was essentially Kerr-Mills on steroids. It promised much more generous benefits than Medicare, but again limited to only the welfare population rather than to all aged Social Security beneficiaries.
In any case, the passage of Kerr-Mills in 1960 did not end the pressure for a Medicare program—as the conservatives and the AMA wished and hoped. After all, the non-indigent elderly were still in need of health care coverage and still unlikely to be able to purchase it in the marketplace. Studies at the time reported that the aged used medical services at a rate twice that of the non-aged; that three-fifths of the aged had less than $1,000 in liquid assets; and that nearly 54% of the aged lacked any form of health insurance. While opponents of Medicare disputed the precise statistics, it was clear to virtually everyone that the aged had medical-care problems that far exceeded those of the average American.
Following the defeat of the Forand bill, and the election of John Kennedy in November 1960, Medicare’s backers crafted a new version of the legislation, introduced by Clinton Anderson (D-NM) in the Senate and Cecil King (D-CA) in the House. The bill had the President’s backing and thus had acquired a sudden new dimension of political heft missing during the Eisenhower years. The AMA was thus understandably panicked by the appearance of the King-Anderson bill, after having tried to compromise Medicare out of existence with the Kerr-Mills strategy.
King-Anderson was, in terms of the Medicare program we know today, half-Medicare. It proposed to cover the costs of hospital and nursing home care, but not surgical costs and not out-patient physicians’ services. In this respect, it was scaled-back slightly from the Forand bill, which in addition offered coverage of surgical expenses. This scaling-back was a futile effort to lessen resistance to the idea of government-provided health insurance coverage.
So as 1961 dawned, the Kerr-Mills bill was established law, and the first King-Anderson legislation was pending in the Congress. The election of John F. Kennedy added new pressure to the push for King-Anderson and advocates for Medicare were optimistic that the 1961-62 session of Congress would see increased pressure for the enactment of Medicare in the form of the King-Anderson bill. Medicare was by no means a done-deal in 1961-62, even absent the AMA campaign against it. But the AMA campaign was a significant force of opposition striving to block Medicare during this period.
It is important to bear this history in mind when considering Operation Coffeecup, and Reagan’s subsequent positioning on Medicare, because it is this history that Reagan was to mythologize.

Coffee-Klatch Politics

The Woman’s [sic] Auxiliary of the AMA was an affiliated organization composed primarily of the wives of member physicians. Its 82,000 members in 1961 undertook a variety of educational, charitable, community service, and public relations tasks on behalf of the AMA. In the Spring of 1961, the Woman’s Auxiliary was asked to launch a special high-priority initiative under the title of WHAM, Women Help American Medicine. The avowed aim of WHAM was bluntly stated as: “This campaign is aimed at the defeat of the King-Anderson bill of the 87 th Congress, a bill which would provide a system of socialized medicine for our senior citizens and seriously curtail the quality of medical care in the United States.”19
The WHAM campaign officially kicked-off with a rally in Indianapolis on December 5, 1961 before an audience of 70 state Auxiliary women and 20 doctors, who were serving as WHAM advisers in Indiana. Within a month, WHAM state-rallies had been held in Illinois, Florida, Texas and Minnesota, with others scheduled for North Dakota, Pennsylvania, Wisconsin, Tennessee and Kentucky during February.
The AMA’s campaign against the King-Anderson version of Medicare was a complex, extensive, and well-financed lobbying tour-de-force. Many aspects of the WHAM campaign were very public and visible. The AMA placed advertisements in major newspapers and funded radio and television spots, all deploying the usual red-brush of “socialism,” and even the specter of jack-booted federal bureaucrats violating “the privacy of the examination room.”
The grass-roots efforts were even more extensive. Under the banner of “Operation Hometown” the AMA enlisted local medical societies to propagandize against King-Anderson. Speeches, reprints of articles, pamphlets on the dangers of “socialized medicine,” news releases, and even a High School Debate Kit, were all provided to local physicians to assist in the campaign.
These were the public face of the campaign, the very visible components of the AMA’s overall strategy. But there was also a more-stealthy component to the campaign, one that depended for its success on its sponsorship and origins being hidden from the members of Congress who would be lobbied under its aegis. This was Operation Cofffeecup.
The idea behind Operation Coffeecup, as the name hints, was to arrange a series of coffee-klatches hosted by the members of the Woman’s Auxiliary. The Auxiliary members receiving the Operation Coffeecup materials were instructed to downplay the purpose of the get-to-gathers, depicting them as sort of spontaneous neighborhood events: “Drop a note—just say ‘Come for coffee at 10 a.m. on Wednesday. I want to play the Ronald Reagan record for you.”20
The idea of using women in this way—as the grass-roots defenders of medical care—tapped into a long tradition of what historians now typically call “maternalist” approaches to social reform. From the earliest days of the Revolutionary Period when the “mothers of the Republic” were thought to be special repositories of civic virtue, to the settlement movement and the campaign for Mothers’ Pensions during the Progressive Era, Americans have often viewed women as providing a kind of “motherly” succor that gives them a special claim to authority on matters relating to social welfare. Thus it was a clever tactic to have the members of the Woman’s Auxiliary and their friends and neighbors write the first-person grassroots letters to members of Congress, rather than having the largely male physician-members of the AMA do so.
The attendees at these coffees were trained and encouraged in writing apparently spontaneous letters to members of Congress expressing their strong opposition to the pending King-Anderson bill. It was essential, the attendees were instructed, that their letters appear to be the uncoordinated, spontaneous, expressions of a rising tide of public sentiment. If the letters were perceived as being part of an organized campaign—the organizers of the organized campaign told the attendees—they would be dismissed by members of Congress, who were routinely inundated with such mail.21
The kit of materials sent to each Auxiliary chapter contained:

• A cover letter, informing the attendees that “the chips are down, in the next months Americans will decide whether or not this nation wants socialized medicine;”
• A list of members of Congress;
• A ten-point check-list on how to write effective letters to Congress;
• A set of instructions to hosts in what Operation Coffeecup was and how it was to be carried out, including “Provide guests with stationery, pens and stamped envelopes. Don’t accept an ‘I’ll do it tomorrow’ reply—urge each woman to write her letters while she’s in your house—and in the mood!”;
• A report form listing the number of attendees, the number of times the accompanying record was played, and the number of letters written.

All of this material was packaged as inserts to an LP vinyl recording entitled “Ronald Reagan Speaks Out Against Socialized Medicine.” The 19-minute recording featured a 2,000-word, 11-minute, impassioned address by Reagan, followed by an 8-minute follow-up by an unnamed announcer. Reagan’s work on behalf of the AMA was, listeners were assured, unpaid (although there was no mention of the fact that Reagan’s father-in-law was a top official of the AMA) and was motivated only by his own strong political convictions on the issue.
The record was the focus and the central product of Operation Coffeecup. It was the motivational message from Reagan that was expected to inspire the attendees to write those spontaneous letters to Congress. The AMA pressed 3,000 copies of “Ronald Reagan Speaks Out Against Socialized Medicine” and distributed them to AMA Woman’s Auxiliary members nationwide. The resulting letters to Congress, the AMA boasted, were “legion.”22 At the June 1962 convention each state President presented the highlight accomplishments of her state during the preceding year. The convention was told that “Operation Coffeecup spurred many members-at-large to personal action,” and one state president reported that one of her auxiliary members was personally responsible for getting 250 people to write letters to Congress opposing the King-Anderson bill.23

Figure 2: Cover of AMA record album, author’s copy

In order to maintain the illusion of spontaneity, the AMA did not announce the existence of Operation Coffeecup or publicize the Reagan recording. The record was to be used, campaign organizers cautioned, only in the groups meeting under the controlled conditions of the informal coffees. Under no circumstances, recipients of the record were warned, were they to permit commercial broadcast of the recording.
Operation Coffeecup was kept deliberately low-key and internal to the AMA, its Woman’s Auxiliary, and the trusted friends and neighbors of the Auxiliary women. Reagan’s efforts against Medicare were revealed, however, in a scoop by Drew Pearson in his Washington Merry-Go-Round column of June 17th. Pearson titled his item on Reagan, “Star vs. JFK,” and he told his readers:
Ronald Reagan of Hollywood has pitted his mellifluous voice against President Kennedy in the battle for medical aid for the elderly. As a result it looks as if the old folks would lose out. He has caused such a deluge of mail to swamp Congress that Congressmen want to postpone action on the medical bill until 1962. What they don’t know, of course, is that Ron Reagan is behind the mail; also that the American Medical Association is paying for it.
Reagan is the handsome TV star for General Electric . . . Just how this background qualifies him as an expert on medical care for the elderly remains a mystery. Nevertheless, thanks to a deal with the AMA, and the acquiescence of General Electric, Ronald may be able to outinfluence the President of the United States with Congress.24
Reagan’s recorded remarks are quite extensive, and reveal a determined and in-depth attack on the principles of Medicare (and Social Security), going well beyond opposition to King-Anderson or any other particular piece of legislation.
My name is Ronald Reagan. I have been asked to talk on the several subjects that have to do with the problems of the day. . . .
Now back in 1927 an American socialist, Norman Thomas, six times candidate for president on the Socialist Party ticket, said the American people would never vote for socialism. But he said under the name of liberalism the American people would adopt every fragment of the socialist program. . . .
But at the moment I'd like to talk about another way because this threat is with us and at the moment is more imminent. One of the traditional methods of imposing statism or socialism on a people has been by way of medicine. It's very easy to disguise a medical program as a humanitarian project. . . . Now, the American people, if you put it to them about socialized medicine and gave them a chance to choose, would unhesitatingly vote against it. We have an example of this. Under the Truman administration it was proposed that we have a compulsory health insurance program for all people in the United States, and, of course, the American people unhesitatingly rejected this.25

And what was this frightful threat that Reagan perceived as “imminent”?

. . . Congressman Forand introduced the Forand Bill. This was the idea that all people of Social Security age should be brought under a program of compulsory health insurance. Now, this would not only be our senior citizens, this would be the de­pendents and those who are disabled, this would be young peo­ple if they are dependents of someone eligible for Social Security. . . .

It should be obvious that Reagan’s description of the Forand bill is a description of any Medicare-type program, not just a specific piece of legislation.26 The idea that people of “Social Security age should be brought under a program of compulsory health insurance,” just is the idea of Medicare.
So if Reagan and the AMA were so opposed to this “threat” of health insurance coverage under Social Security, what was their preferred alternative?
As a matter of fact, in the last session of Congress a bill was adopted known as the Kerr-Mills bill. Now, without even allowing this bill to be tried to see if it works, they have intro­duced this King bill which is really the Forand bill. What is the Kerr-Mills bill? It is a frank recognition of the medical need or problem of our senior citizens that I have mentioned. And it is provided from the Federal Government money to the states and the local communities that can be used at the discretion of the state to help those people who need it.

The Kerr-Mills bill, which was not “pending legislation” but an existing law, was the AMA position on behalf of which Reagan was working. Kerr-Mills was a state-level welfare program for the needy. Where Medicare proposals like King-Anderson offered health care coverage to Social Security beneficiaries, Kerr-Mills offered to help pay the medical bills of those on welfare, or those who could qualify as indigent given their medical expenses. (Kerr-Mills would be superseded in 1965 by the program currently known as Medicaid, which like Kerr-Mills, is a welfare program.) So Reagan—on behalf of the AMA—was suggesting that the nation should be content with welfare benefits under a Medicaid-type program as the only form of government-provided health care coverage.

This irony of the early debates surrounding the American welfare state—that conservatives were the pro-welfare faction and liberals the pro-work requirement faction—was a key dynamic in the Medicare debates, as Theodore Marmor has pointed out.27 (There was also the issue of federalism in play here, with Republicans tending to advocate state programs and Democrats federal ones.) The reason for this reversal of roles (which was also evident in the debates around the original Social Security Act of 1935) is not hard to discern. By restricting federal programs to the “truly needy” those programs can be kept small, involving few if any middle-class or upper-class Americans. But if the universalist approach of social insurance is adopted then government’s role in the provision of economic security will be massive. So conservatives were historically only too happy to swallow a little more welfare, if that meant swallowing a lot less government.

Just to show that “class-warfare” was not a political deployed only by Democrats, Reagan then made one last argument against a Medicare approach:

Now what reason could the other people have for backing a bill which says we insist on compulsory health insurance for senior citizens on a basis of age alone regardless of whether they are worth millions of dollars, whether they have an income, whether they're protected by their own insurance, whether they have savings. I think we could be excused for believing that, as ex‑Congressman Forand said, this was simply an excuse to bring about what they wanted all the time: socialized medicine.

This again shows the basic antipathy of Reagan and conservatives to one of the foundational principles of Social Security, that it is a universal program in which benefits are not tied to a means-test. And again, he reveals the irony of a conservative spokesman advocating a means-tested program, i.e., welfare, as superior to universal contributory social insurance.

The other issue here is the “foot in the door” argument. Reagan insisted throughout his Operation Coffeecup speech that if the nation adopted Medicare this would just be the opening gambit in a movement for government-sponsored universal health care coverage and—given the equation between this state of affairs and “socialized medicine”—that Medicare would thus be the first step on the road to socialism. What goes unexamined by Reagan in this context is the question of why Kerr-Mills should be any different. Why are we entitled to assume that government-sponsored health care coverage of the Kerr-Mills variety contains no danger of leading to socialized medicine but that health care coverage of the Medicare variety does? The answer to Reagan’s unexamined question again hinges on the populations involved. If we are talking about a program covering only the welfare population, then there is a built-in ceiling on participation. Or to put it less antiseptically: if we have a program for the non-poor aged, other populations may clamor for participation; but if we have a program limited to the poor, we can presume there will be little agitation to join that particular social group in order to obtain medical care coverage.28

Reagan then moved on in his argument to offer his take on Social Security, and how Social Security related to this idea of public health insurance:

They want to attach this bill to Social Security and they say, "Here is a great insurance program, now instituted, now work­ing." Let's take a look at Social Security itself. Again, very few of us disagree with the original premise that there should be some form of saving that would keep destitution from following un­employment by reason of death, disability, or old age. And to this end Social Security was adopted. But it was never intended to supplant private saving, private insurance, pension programs of unions and industries.
This language skillfully elides the distinction—central to the conceptual basis of Social Security—between contributory social insurance and a welfare-based safety net. While Social Security was not intended to “supplant” private provision, the suggestion that its purpose was to avoid “destitution” can be read two ways. Social insurance theorists and policymakers believed that the way to prevent “destitution” was by deploying a universal, compulsory, social insurance scheme in which there is no means-test of eligibility. The contrary view is that whatever social provision government makes available ought to be in the form of welfare—staving off destitution by rescuing the destitute in an economic safety net. The reason the difference matters is it determines the scope of the government’s involvement in providing economic security. In the social insurance vision the program is massive, involving the participation of virtually every employed adult in the nation. In the welfare vision the program is miniscule, limited by the number of truly poor in the country. Thus an anti-government ideology, like that propounded by Reagan throughout his career, prefers a welfare safety-net to a universal social insurance scheme in order to minimize the role of government in economic provision. So Reagan in his commentary on Medicare was also subtly trying to undermine the whole Social Security system. This too was part of his 1961 agenda. But as to the government’s involvement in health insurance coverage that, according to Reagan, can only lead to a totalitarian future:
The doctor begins to lose freedom. . . . First you decide that the doctor can have so many patients. They are equally divided among the various doctors by the government. But then doctors aren’t equally di­vided geographically. So a doctor decides he wants to practice in one town and the government has to say to him, you can't live in that town. They already have enough doctors. You have to go someplace else. And from here it's only a short step to dictating where he will go. . . . All of us can see what happens once you establish the precedent that the government can determine a man's working place and his working methods, determine his employment. From here it's a short step to all the rest of socialism, to determining his pay. And pretty soon your son won't decide, when he's in school, where he will go or what he will do for a living. He will wait for the government to tell him where he will go to work and what he will do.

This specter of government control of the practice of medicine was never what Medicare was about. Nor was regulation of medical practice contemplated by Harry Truman in his most extravagant dreams of universal health insurance for all Americans. Medicare, as proposed in King-Anderson and as eventually enacted into law, only involves procedures for paying health care providers—it is a system for financing the costs of medical care, it has nothing to do with the regulation of medical practices. But this threat was the reliable boogey-man of all of the AMA campaigns since 1945, and Reagan used it extensively in his AMA recording.

In fairness, it is true that the Medicare program marginally regulates aspects of health care provision by the indirect effect of its reimbursement policies. In this regard, it is no different than any private insurer. When Blue Cross/Blue Shield decides it will not pay for certain medical procedures, or will only pay for a generic drug rather than a brand-name one, this affects the practice of medicine by encouraging forms of practice consistent with these reimbursement policies. So too with Medicare. But this is a far cry from the specter of an intrusive government presence in the examining room, peering over the doctor’s shoulder. It was this more apocalyptic version of Medicare’s potential effects on the practice of medicine that Reagan used to scare his listeners.

Having raised the specter of the government telling our children what they will do for a living and where they will work, Reagan offered the way out, the letter-writing campaign which would, in fact, help defeat the King-Anderson bill:

What can we do about this? . . . We can write to our congressmen and to our senators. . . . And at the moment the key issue is: We do not want socialized medicine. . . . In Washington today 40,000 letters, less than 100 per congressman, are evi­dence of a trend in public thinking. . . . Representative Halleck of Indiana has said, “When the American people want something from Congress . . . if they make their wants known, Congress does what the people want.” So write. . . . that you demand the continuation of our traditional free enterprise system.
You and I can do this. The only way we can do it is by writing to our congressman even if we believe he’s on our side to begin with. Write to strengthen his hand. Give him the ability to stand before his colleagues in Congress and say, I heard from my constituents and this is what they want.

So this was the heart of the matter. A few thousand letters to members of Congress and the ladies of the Woman’s Auxiliary could stop the inexorable march of socialism and save the free enterprise system. Well, at least, they could certainly help kill any proposal for Medicare.

Then, finally, the closing pitch, with Reagan the actor painting the portrait of an American sunset in a totalitarian world brought-on by the hell-hound of compulsory health care coverage under Medicare:
And if you don't do this and if I don't do it, one of these days you and I are going to spend our sunset years telling our children, and our children's children, what it once was like in America when men were free.
Following Reagan’s stagecraft peroration, the voice of an unidentified male announcer then comes on to reemphasize the political nature of the pitch, and to make certain that no wavering listeners miss the point. There can be no mistaking the aim of the AMA’s attack on “socialized medicine”—it is most assuredly an attack on the principle of Medicare and the legislation then pending to enact it.
Perhaps a little background on the subject of socialized medicine will prove helpful to you. To begin with, socialized medi­cine simply means compulsory national health insurance, med­icine controlled and administered by the federal government; financed through compulsory taxation. For many years, an at­tempt has been made to socialize the practice of medicine through the Social Security tax mechanism. . . . Last year, Representative Forand attempted to establish the principle of socialized medicine by applying it only to the el­derly—at first. He, and others like him, counted on the concern we all feel for those of the aged in need of help. The Forand Bill failed. But this year, another congressman has stepped forward to lead the forces of socialized medicine: Representative King, of California. It is his measure, H.R. 4222, or the King Bill, that now threatens the free practice of medicine.
Obviously, if socialized medicine “simply means compulsory national health insurance,” then any form of Medicare (the Forand bill, the King-Anderson bill, or the legislation finally adopted in 1965) would qualify as socialized medicine. So it is clear that it was the principle of Medicare, and not a specific bill, that was the target of Reagan and his Operation Coffeecup.
The announcer then refers again to the Kerr-Mills bill as the AMA’s favored alternative approach to the issue of health care for senior citizens:
I'm sure that we all recognize that some of our older people are in poor health and some can't afford to pay for the health care they need. That's why the doctors of America strongly supported the legislation passed during the last Con­gress: the so-called Kerr-Mills law. They felt, and have always felt, that people who need medical help should get it, but that tax dollars should not be used to pay the medical and hospital bills of those who are perfectly able to pay their own. Physicians favored the Kerr-Mills law because it would help those of the elderly who need help, help them quickly, and ef­fectively, and do so without wasting either the taxpayer's money or destroying the basic American freedoms involved in our system of medical practice.
The key virtues of Kerr-Mills, the announcer went on to say, were that it was an optional program administered at the state-level, and it helped the truly needy. What he did not clearly state was that it also meant that the government’s role in ensuring the availability of health care coverage would be minimal. And what the announcer and Reagan both carefully avoided making explicit was that the Kerr-Mills bill was a form of welfare.
In any case, the desirable Kerr-Mills approach contrasted sharply, the announcer continued, with the King-Anderson approach.
Here's how it would work. The federal government would buy a limited amount of hospitalization, nursing-home care, home-health services, and outpatient hospital diagnostic services for all eligible to receive Social Security retirement payments, regardless of their financial needs. The number of days the beneficiary could receive these services is limited. And the patient would be re­quired to pay ten dollars a day for the first nine days spent in a hospital, and twenty dollars for each complete diagnostic study made. Physicians' services in the fields of radiology, pathology, physiatry, and anesthesiology would be included, plus the ser­vices of interns and residents and those serving the outpatient clinics. There is little doubt but what the program would soon be ex­panded to include all physicians' services, as well as to cover the entire population, thus completely socializing medicine in the United States. The federal government would set up the rules and regulations under which the program would operate. And every one who pays Social Security taxes would help pay the bill . . .

Of course this rough description of how any Medicare system operates was intentionally misleading in several respects. Yes, beneficiaries would be required to meet a daily co-payment requirement, which might well be “ten dollars a day”—as opposed to paying it all without a Medicare program—paying it all at a time when the average hospital stay already cost about $50 per day. In fact, in the first four years of Medicare’s operations the average cost of a day in the hospital was $54.25, of which Medicare reimbursed on average 80% of the cost.29 And the fact that the government program would only reimburse the costs for a limited number of days of hospital care did not of course mean that care would be rationed and therefore medical care would become unavailable after a fixed period. But this distinction between regulations limiting the government’s payments for medical care, and limitations in that care itself, was one which the AMA campaigns always made sure was confused as much as possible, in order to maintain some semblance of plausibility to their claim that the government intended to regulate the practice of medicine.

In any case, however misleading it may have been, this description of the mechanism of Medicare was supposed to be self-evidently scary to the wives of AMA physicians and their neighbors and friends. But lest anyone miss the point, and lest anyone doubt that Reagan and the AMA were antithetical to the Social Security program itself, here is how the announcer continued:

I'm sure many of you are wondering why there's any objection to using the Social Security system to finance medical care for the aged. Well first of all, it is a misnomer to think of Social Security as being insurance. In the Nestor vs. Fleming case heard before the Supreme Court in 1959, the Department of justice in its brief said, "the OASI program is in no sense a federally-administered insurance program under which each worker pays premiums over the years and acquires at retirement an indefeasible right to receive a fixed monthly benefit. The contributions exacted, are a tax." Many people also have the mistaken impression that Social Security benefits are paid out of accumulated reserves, similar to private insurance programs, when in truth the program is fi­nanced almost entirely on a pay-as-you-go basis, with the benefits paid out of current income. Pay-as-you-go means that the government raises, through current taxes, just enough money to pay the cost of the benefits currently due. No one prepays his own benefits. Today's taxpayers pay for today's beneficiaries. The acceptance of the King bill would actually mean that our children and grandchildren will be asked to pay ever-increasing Social Security taxes to finance the medical-care needs of the previous generations. With growing families, young people have enough difficulty trying to make ends meet without assuming the additional obligation of paying higher taxes to pay for the medical-care needs of all over sixty-five, many of whom are in better financial shape than those paying the tax.
This description of the Social Security system is a traditional form of the conservative critique of Social Security. This critique shows that Reagan and the AMA were not reconciled to the existence of the Social Security program itself, not to mention its extension to include Medicare.
Finally, the announcer closed with the same “it’s sunset in America” passage read by Reagan:
Now this is the choice we're faced with: on the one hand, we can help those who need help while preserving the right of the self-reliant to finance their own care. Or we can legislate a compulsory national health scheme for the aged, regardless of whether they need it or not. . . . Americans are being asked to choose between a system of medicine practiced in free­dom and a system of socialized medicine for the elderly which will be expanded into socialized medicine for every man, woman, and child in the United States. Your letter will help determine the outcome of this struggle. Remember what Ronald Reagan said:
[Reagan's voice comes on again]
Write those letters now. Call your friends, and tell them to write them. If you don't, this program I promise you will pass just as surely as the sun will come up tomorrow. And behind it will come other federal programs that will invade every area of freedom as we have known it in this country, until, one day . . . we will awake to find that we have so­cialism. And if you don't do this, and if I don't do it, one of these days, you and I are going to spend our sunset years telling our children, and our children's children, what it once was like in America when men were free.

The Reagan Myth and Medicare

Throughout his presidency, Ronald Reagan displayed a disconcerting tendency to prefer performance over reality and myth over historical fact. As Reagan recalled his own personal history in 1980, he had never been an opponent of Medicare and had never advocated making Social Security voluntary. To President Carter’s claims that he had in fact opposed both Medicare and the existing Social Security system, Reagan’s flip reply was “There you go again,” and that was pretty much the end of the issue. However, it is quite unambiguously the case that Ronald Reagan had a long-standing, deeply-held, strongly-expressed, political/philosophical antipathy to both Social Security and Medicare. Not only did Reagan advocate making Social Security voluntary in the 1964 Goldwater campaign, he continued pushing this position throughout the 1970s—even arguing in 1975 that Social Security should be privatized—despite his denials in the 1980 campaign that he had ever advocated any such thing. He also clearly opposed Medicare in any form in his efforts as part of Operation Coffeecup.
The fact is that Ronald Reagan played a visible role in delaying the creation of the Medicare program. In 1961-62 he helped block passage of the King-Anderson bill, which potentially might have given us the Medicare program four years earlier.30 We can also be fairly confident that when Medicare was enacted four years later, that Ronald Reagan was still deeply opposed to its creation and viewed it as the sun setting on America’s future.
In the first four years of its operation, the Medicare program paid for $17.9 billion of medical care for America’s senior citizens. This money paid 24.6 million hospital bills under Part A of the program, and 96.8 million doctors bills under Part B of the Medicare system. The Part A hospital insurance covered 246 million days of in-patient care in the nation’s hospitals during those first four years.31 It is impossible to say how much of this care would not have been provided in the absence of the Medicare program; but given that somewhere around 50% of seniors lacked any form of health insurance before Medicare, it is a virtual certainty that millions of Americans received medical care under Medicare that they otherwise would not have received, and that much pain and suffering was thereby reduced or avoided. The AMA’s assumption that all this care would somehow have been received—through Kerr-Mills or some other mechanism—was certainly a self-serving self-deception.
The cold fact is that probably millions of Americans could have received foregone medical care during the nearly four years between the December 1961 launching of Operation Coffeecup and the eventual enactment of Medicare in July 1965, if the AMA and Ronald Reagan had not been so successful in their efforts to block Medicare’s passage.
By 1980, this aspect of Reagan’s personal history had become a political liability that he did his best to conceal. There are only four possible interpretations of Reagan’s subsequent representations regarding his earlier positions on Medicare and Social Security.
We might credit him with changing his mind in the light of a decade-and-a-half of experience with Medicare, and with the realization that indeed the sun continued to come up each morning, and that Norman Thomas never ascended to the presidency. Yet he gave no indication that he had changed his mind on the principles of his conservative philosophy toward the American welfare state. It seems more likely that he was philosophically un-reconciled to both Medicare and Social Security, even if he had to soft-pedal his opposition in order to be a successful politician.
He might simply have been lying. As politicians are sometimes wont to do, Reagan might have been “spinning” his audiences during the 1980 campaign, trying to convince them that a politically troublesome fact of his past was not a fact at all.
We might be willing to grant that over time memory had dimmed the distinction in his mind between the Kerr-Mills and King-Anderson bills. Certainly we can grant the little slip of timing by which Reagan claimed Kerr-Mills was a pending alternative to King-Anderson at the time he recorded his AMA record for Operation Coffeecup. But it is simply not creditable for a presidential candidate—and a politician who had been speaking and writing on the subject for decades—to fail to understand the rather large distinction between a welfare program like Kerr-Mills and a social insurance program like Medicare. To imply that Kerr-Mills was somehow a better version of Medicare, and that was the reason he supported it in 1962, is simply not credible as a truthful report about Reagan’s past political positions. The AMA and Reagan supported Kerr-Mills in 1961-62 precisely in order to prevent Medicare from ever being enacted. The AMA and Reagan both knew perfectly well what they were doing, and it is difficult to believe that Reagan could somehow have forgotten the purpose of his work on behalf of the AMA campaign.
Finally we come to what is perhaps the most disconcerting possibility of all. It may well be the case that Reagan was so adroit at story-telling in place of analysis, and anecdotes in lieu of facts, that for him mythmaking and policymaking were often one and the same activity. When he wanted to emphasize his commitment to the state of Israel, he may have genuinely seen no harm in manufactured memories of his having played a role in documenting the Holocaust. When he wanted to argue that welfare was wasteful and often unnecessary, he may have genuinely believed that there was a “welfare queen” in Chicago who drove her Cadillac to the welfare office to pick up her multiple checks. And when he wanted to be seen as the friend of seniors and the defender of Social Security and Medicare, he may have honestly believed that his efforts on behalf of Operation Coffeecup had nothing to do with trying to kill Medicare, but rather with trying to improve it.
We cannot be sure which of these scenarios best capture Reagan’s efforts to falsify his own past. For myself, I fear Reagan actually believed many of the myths he spun around his personal and political history. And there is no myth quite so dangerous as one the mythmaker himself fully believes.
 

Acknowledgments

This paper has benefited from the review and comments of Professor Max J. Skidmore of the department of political science at the University of Missouri-Kansas City, and from the thoughtful insights and comments of Professor Edward D. Berkowitz of the department of history at George Washington University.

Despite recent demagoguery, Non-Citizens also have Constitutional Rights

* Civil Liberties & Human Rights

SENATOR SUSAN COLLINS SPREADS CENTRAL MYTH ABOUT THE CONSTITUTION
By Glenn Greenwald

Salon.com
February 1, 2010
http://www.salon.com/news/opinion/glenn_greenwald/2010/02/01/collins/ind…

Over the weekend, Sen. Susan Collins released a five-minute video (http://www.youtube.com/watch?v=u8j9lwTmiSA) in which she sounded as though she were possessed by the angriest, most unhinged version of Dick Cheney. Collins recklessly accused the Obama administration of putting us all in serious danger by failing to wage War against the Terrorists.

Most of what she said was just standard right-wing boilerplate, but there was one claim in particular that deserves serious attention, as it has become one of the most pervasive myths in our political discourse: namely, that the U.S. Constitution protects only American citizens, and not any dreaded foreigners. Focusing on the DOJ’s decision to charge the alleged attempted Christmas Day bomber with crimes, Mirandize him, and provide him with counsel, Collins railed: “Once afforded the protection our Constitution guarantees American citizens, this foreign terrorist ‘lawyered up’ and stopped talking”

This notion that the protections of the Bill of Rights specifically and the Constitution generally apply only to the Government’s treatment of American citizens is blatantly, undeniably false — for multiple reasons — yet this myth is growing, as a result of being centrally featured in “War on Terror” propaganda.

First, the U.S. Supreme Court, in 2008, issued a highly publicized opinion, in *Boumediene v. Bush*, which, by itself, makes clear how false is the claim that the Constitution applies only to Americans. The Boumediene Court held that it was unconstitutional for the Military Commissions Act to deny habeas corpus rights to Guantanamo detainees, none of whom was an American citizen (indeed, the detainees were all foreign nationals outside of the U.S.). If the Constitution applied only to U.S. citizens, that decision would obviously be impossible. What’s more, although the decision was 5-4, none of the 9 Justices — and, indeed, not even the Bush administration — argued that the Constitution applies only to American citizens. That is such an inane, false, discredited proposition that no responsible person would ever make that claim.

What divided the Boumediene Court was the question of whether foreigners held by the U.S. military outside of the U.S.(as opposed to inside the U.S.) enjoy Constitutional protections. They debated how Guantanamo should be viewed in that regard (as foreign soil or something else). But not even the 4 dissenting judges believed — as Susan Collins and other claim — that Constitutional rights only extend to Americans. To the contrary, Justice Scalia, in his scathing dissent, approvingly quoted Justice Jackson in conceding that foreigners detained inside the U.S. are protected by the Constitution (emphasis added): “Justice Jackson then elaborated on the historical scope of the writ: ‘The alien, to whom the United States has been traditionally hospitable, has been accorded a generous and ascending scale of rights as he increases his identity with our society … . But, in extending constitutional protections beyond the citizenry, the Court has been at pains to point out that it was the alien’s presence within its territorial jurisdiction that gave the Judiciary power to act.’ Id., at 770–771.”

That’s from Scalia, and all the dissenting judges joined in that opinion. It is indisputable, well-settled Constitutional law that the Constitution restricts the actions of the Government with respect to both American citizens and foreigners. It’s not even within the realm of mainstream legal debate to deny that. Abdulmutallab was detained inside the U.S. Not even the Bush DOJ — not even Antonin Scalia — believe that the Constitution only applies to American citizens. Indeed, the whole reason why Guantanamo was created was that Bush officials wanted to claim that the Constitution is inapplicable to foreigners held outside the U.S.— not even the Bush administration would claim that the Constitution is inapplicable to foreigners generally.

The principle that the Constitution applies not only to Americans, but also to foreigners, was hardly invented by the Court in 2008. To the contrary, the Supreme Court — all the way back in 1886 — explicitly held this to be the case, when, in *Yick Wo v. Hopkins*, it overturned the criminal conviction of a Chinese citizen living in California on the ground that the law in question violated his Fourteenth Amendment rights to due process and equal protection. In so doing, the Court explicitly rejected what Susan Collins and many others claim about the Constitution. Just read what the Court said back then, as it should settle this matter forever (emphasis added):

“The rights of the petitioners, as affected by the proceedings of which they complain, are not less because they are aliens and subjects of the emperor of China… . The fourteenth amendment to the constitution is not confined to the protection of citizens. It says: ‘Nor shall any state deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.’ These provisions are universal in their application, to all persons within the territorial jurisdiction, without regard to any differences of race, of color, or of nationality; and the equal protection of the laws is a pledge of the protection of equal laws… . The questions we have to consider and decide in these cases, therefore, are to be treated as involving the rights of every citizen of the United States equally with those of the strangers and aliens who now invoke the jurisdiction of the court.”

Could that possibly be any clearer? Over 100 years ago, the Supreme Court explicitly said that the rights of the Constitution extend to citizens and foreigners alike. The Court has repeatedly applied that principle over and over. Only extreme ignorance or a true desire to deceive would lead someone like Susan Collins to claim that such rights are “protection[s] our Constitution guarantees American citizens.”

Second, basic common sense by itself should prevent people like Susan Collins from claiming the Constitution applies only to American citizens. There are millions of foreign nationals inside the U.S. at all times — not only illegally but also legally: as tourists, students, workers, Green Card holders, etc. Is there anyone who really believes that the Bill of Rights doesn’t apply to them? If a foreign national is arrested and accused by the U.S. Government of committing a crime, does anyone believe they can be sentenced to prison without a jury trial, denied the right to face their accusers, have their property seized without due process, be subjected to cruel and unusual punishment, and be denied access to counsel?

Anyone who claims that the Constitution only protects American citizens, but not foreigners, would necessarily have to claim that the U.S. Government could do all of that to foreign nationals. Does anyone believe that? Would it be Constitutionally permissible to own foreigners as slaves on the ground that the protections of the Constitution — including the Thirteenth Amendment — apply only to Americans, not foreigners?

Third, to see how false this notion is that the Constitution only applies to U.S. citizens, one needs to do nothing more than read the Bill of Rights. It says nothing about “citizens.” To the contrary, many of the provisions are simply restrictions on what the Government is permitted to do (“Congress shall make no law respecting an establishment of religion … or abridging the freedom of speech”; “No soldier shall, in time of peace be quartered in any house, without the consent of the owner”). And where rights are expressly vested, they are pointedly not vested in “citizens,” but rather in “persons” or “the accused” (“No person shall … . be deprived of life, liberty, or property, without due process of law”; “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed … . and to have the assistance of counsel for his defense”).

The only way to argue that these rights apply only to Americans is to argue that only Americans, but not foreigners, are “persons.” Once one makes that claim, then one is in Dred Scott territory. If foreigners are not “persons,” then what are they: sub-persons? Non-persons? *Untermenschen*?

There are, of course, certain Constitutional rights that are clearly reserved only for citizens — such as the right to vote or to hold elective office — but when that is the case, the Constitution explicitly states that to be so (“The right of citizens of the United States to vote shall not be denied or abridged by the United States … .”). Indeed, the Fourteenth Amendment, in the very same clause, demonstrates the distinction between “citizens” (which only includes “Americans”) and “persons” (which includes everyone), and proves that the former is merely a subset of the latter: “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Article II, Section 1 — in defining eligibility to be President — makes the same distinction: “No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President.”

“Persons” and “citizens” have entirely different meanings in the Constitution. There are a handful of instances in which the Constitution applies only to American citizens. When that is the case, the Constitution explicitly uses the word “citizens.” In all other instances, it simply restricts what the Government is permitted to do generally or uses the much broader term “persons” to describe who holds the rights it guarantees. That’s the obvious point the *Yick Wo* Court made in 1886 in holding “these provisions are universal in their application, to all persons within the territorial jurisdiction,” and it ought to prevent the most minimally honest individuals among us from claiming otherwise, as Susan Collins just did.

It’s certainly true that, even after Boumediene, there is a viable debate over whether so-called alien “enemy combatants” held outside of the U.S. are entitled to the full panoply of Constitutional protections (of course, that debate ignores the unanswerable question: how do you know someone is an “enemy combatant” — let alone a “Terrorist” — if they don’t first have a trial?). There are also instances (such as deportation hearings) where the due process rights to which foreign nationals are entitled are less stringent than standard rights guaranteed in criminal trials (because foreign nationals have no Constitutional right to be admitted entrance to the U.S.).

But this right-wing demagoguery (coming from both Republicans and some Democrats) has nothing to do with those debates. For one thing, the accused Christmas Day bomber was captured and is being held inside the U.S.(right-wing fear-mongers have long argued that we should not bring GITMO detainees to the U.S. because, once inside the U.S., they would then enjoy full Constitutional protections). But more important, the standard rhetorical formulation being used — “extending rights to foreign Terrorists which the Constitution reserves for U.S. citizens” — suggests that Constitutional rights are for American citizens only. That is blatantly false, and anyone making that claim — as Susan Collins and so many others have — is either extremely ignorant or extremely dishonest.

The Healthcare Debate

I know a couple of people that are in medical crisis right now as we speak that don't have coverage. Guess who's paying for it at absorbent rates... US. They get care alright, but, its given grudgingly and minimally and at often sub standards- but still very expensive rates are charged-  and its paid for by our taxes and in higher insurance premiums. As I understand it, the way to go is a single payer system. That did come up, but was also shot down by the (R)'s aka, the "Obama is a Nazi" crowd. Therein lies part of the problem We now have one party that is totally committed and deeply invested in the failure of our President and the failure of healthcare reform because they have broadcasted to everyone that the President is and evil tyrant bent on the destruction of America and all that is holy. You see, they simply can't afford for anything good to happen on his watch now- since they have set it up in such a way that all Obama has to do now to accentuate their desperation and clownishness is NOT be Hitler. Smooth, dang those boys are smooth.

Anyhow, because of this dynamic from the "right", there is almost no bipartisan teamwork, consensus or effort to find a way to alleviate the problems within our healthcare system. You have one side tossing about trying to find something that will simply clear the house whether it is a good, long term solution or not and another side that thinks that even having this conversation is somehow subversive and evil. I am not optimistic about anything good coming out of this mix.

I did some research on the definition of the single payer system as prompted by the article above. It is defined as:

"Single-payer health care: A system of health care characterized by universal and comprehensive coverage. Single-payer health care is similar to the health services provided by Medicare in the US. The government pays for care that is delivered in the private (mostly not-for-profit) sector. Doctors are in private practice and are paid on a fee-for-service basis from government funds. The government does not own or manage their medical practices or hospitals.
Single-payer health care is distinct and different from socialized medicine in which doctors and hospitals work for and draw salaries from the government."

Ok, interesting. It is clearly defined and distinct from socialized or govt. run medicine. So, I played dumb, asking some of my so called conservative colleagues there what single- payer healthcare was all about.
The first thing out of every single one of their mouths was... it's "government run healthcare".

I know it may seem that I am harsh and picking on the talk show and Fox news set- but this is a prime example of why. If a person uses those sources for their sole reservoir of information they will become imbued with a certain false certitude about everything, a Manichean worldview and become essentially locked into a monolithic ignorance or worse- become self defeatingly stupid. Practically every time I have a discussion on any issue with these colleagues the are apt to parrot what they have heard on some talk radio show. You see, I listen to those shows quite a bit myself in an effort to understand all facets of a given question. I recognize when someone is simply parroting ideas they have heard from one of their intellectual surrogates.

One of the most destructive forces that has undue influence on these matters today in our society is what has been described as "The permanent war economy". This is also part of what is called the military industrial complex or defense industry- and what is passing for conservative thought today is eaten up with it. Unfortunately, no one in either of the two major political parties is even talking about any of this. Figures like Ron Paul have made some reference to ideas in this ballpark when they speak of statism and interventionism.
Here are some useful thoughts on the matter found written elsewhere by Chris Hedges:

“In "Pentagon Capitalism" Seymour Mellman described the defense industry as viral. Defense and military industries in permanent war, he wrote, trash economies. They are able to upend priorities. They redirect government expenditures towards their huge military projects and starve domestic investment in the name of national security. We produce sophisticated fighter jets, while Boeing is unable to finish its new commercial plane on schedule and our automotive industry goes bankrupt. We sink money into research and development of weapons systems and neglect renewable energy technologies. Universities are flooded with defense-related cash and grants, and struggle to find money for environmental studies. This is the disease of permanent war.
Massive military spending in this country, climbing to nearly $le1 trillion a year and consuming half of all discretionary spending, has a profound social cost. Bridges and levees collapse. Schools decay. Domestic manufacturing declines. Trillions in debts threaten the viability of the currency and the economy. The poor, the mentally ill, the sick and the unemployed are abandoned. Human suffering, including our own, is the price for victory.

Citizens in a state of permanent war are bombarded with the insidious militarized language of power, fear and strength that mask an increasingly brittle reality. The corporations behind the doctrine of permanent war-who have corrupted the doctrine of permanent revolution-must keep us afraid. Fear stops us from objecting to government spending on a bloated military. Fear means we will not ask unpleasant questions of those in power. Fear means that we will be willing to give up our rights and liberties for security. Fear keeps us penned in like domesticated animals.

Mellman, who coined the term permanent war economy to characterize the American economy, wrote that since the end of the Second World War, the federal government has spent more than half its tax dollars on past, current, and future military operations. It is the largest single sustaining activity of the government. The military industrial establishment is a very lucrative business. It is gilded corporate welfare. It comes with guaranteed profits. Defense systems are sold before they are produced. Military industries are permitted to charge the federal government for huge cost overruns. Massive profits are always guaranteed.”

Literally three days after the first big bailout package passed- the one that was tried to pass with no oversight at all- the one that happened on Bush's watch about two weeks after Republican  presidential candidate McCain bloviated that the economy was fundamentally sound and that all this talk about economic imbalance was a construct of the "liberal media" to make Bush look bad and scare the people into voting for democrats- another big spending package was passed. It also put out a 7 to 8 hundred billion dollar payoff. What was it for? It was for the sustenance of the 750 plus military bases we have around the world and all the big military projects and defense contracts (by the way, there are 195 countries- so we have over three times more military bases than there are countries which begs the question what on earth are we doing and why???). This package passed the house without any discussion, without any cost- benefit analysis, without any conception of the blowback of all this military only interface we have with much of the world and without hardly any public awareness. It is comical to watch all the so called conservatives rail about out of control government spending and cry about the bailouts and then fall into lockstep whenever anything military is on the table. "You can't cut defense spending", they'll say, "it will eliminate jobs and decrease national security- we have to keep pumping in money or the economy will tank". Its just funny how that concept supposedly works if you are building weapons but not if you are building bridges or infrastructure.
I will go out on a limb and say unless we deal with this "permanent war economy" problem and the attending militaristic mindset, value system and the blowback and socio- economic suffocation under it we ARE doomed as a nation.

I offer this as part of the answer to the question about the fairness of the present healthcare system and the question of whether its our right to have universal healthcare. I am not of the opinion that we are owed anything from the world, so its hard to think in terms of fairness… but, I will say that the way things are make little sense. I am likewise not of the opinion that these matters are questions of rights- but rather of sustainable dynamics within a society. It makes little sense to me to have a society that is consumed by militarism and living in fear of foreign enemies and willing to spend trillions on “national security” to the detriment of many other aspects of the system. It makes no sense to be consumed with fear of other geopolitical systems that are perceived as threats or of terrorist acts and then essentially unconcerned about whether or not our neighbors right here at home are able to protect themselves from health risks or financial ruin in the case of medical crisis. It makes no sense to be willing to invest that much in weaponry for protection from “enemies” but then wax all pious and individualist when it comes to protection from disease or bankruptcy to the machinery of big corporate medicine.... especially when our government spends 29 or greater times more on weapons and "defense" than all of the nations we consider rogue states combined.

Many times I have heard people defending our present medical system by pointing out how the best care is available here and that people come from all over the world to get treatments here. That argument is pretty well moot. Only the most affluent can get here to receive that care and the best care, this care that is allegedly the envy of the world, is simply not available to vast sections of our own population. A recent study shows that people without coverage are twice as likely to die of their complications because there are constantly brushed aside and given the minimum attention required by law. This “best care, treatments and medicine in the world” is then, not part of the equation for people without coverage.

There are more theological and moral implications to these topics that would require much more attention. I have just touched on some of the moral calculus on this, but, there is much more to be said of course. The theological implications are deeper than I care to go on this fine, chilly, football Saturday morning. But, since this dilemma has inspired me to reflect deeper and articulate my thoughts, I will address this more very soon.