Wednesday, May 23, 2012

My Editorial Appears in Obama Campaign Commercial


One of my PolicyMic editorials was recently cited by the Obama campaign in a commercial attacking Romney's stances on women's issues. In addition to checking out this clip to see that reference, I would also highly recommend it as an accurate and searing critique of right-wing misogyny today.

My editorial can be found at the 1:07 mark in the video below.

http://www.youtube.com/embed/nypMSXKgtaA?feature=player_embedded

If you want to read the original piece itself (which discussed a proposed anti-abortion law in Pennsylvania), see this link.

http://www.policymic.com/articles/4756/pennsylvania-ultrasound-bill-wrongly-restricts-women-s-right-to-choose

Confessions of a Freedom-Hating, Tax-Loving, Marriage-Destroying Liberal

The following editorial was first published on PolicyMic (May 10, 2012) and can be found here:
http://www.policymic.com/articles/8039/this-is-my-confession-i-m-a-liberal-who-hates-freedom-loves-taxes-and-has-declared-a-war-on-marriage-satire

My fellow American liberals,

I would like to make a modest proposal.

For far too long, we have been accused of terrible things. In the last decade alone, our opponents have said that we're un-American, that we're Communists, that we're a "tax-hiking, government-expanding, latte-drinking, sushi-eating, Volvo-driving, New York Times-reading, body-piercing, Hollywood-loving, left-wing freak show."

It's time we 'fessed up to it.

I know that's asking a lot, but what's right is right, and if the right is right and the left is wrong, then the left needs to leave its leftist wrongness so that it can start doing right by the right.
All right? So with Jonathan Swift as my guide, here I go:

1. We hate the Constitution.

Hell, we hate the Declaration of Independence, the Federalist Papers, and just about everything our Founding Fathers believed in. In part, that's because we've seen too many Michael Moore movies, but mostly it's because ...

2. We hate freedom.

The state is our God and we know that if we just give ourselves over to it, all of our problems will be solved. That is why we support health care reform, financial industry regulations, and consumer protection measures. There is just nothing we want more than an all-powerful, all-encompassing nanny state guiding us through every step of our lives. Just look at how much ...

3. We love taxes.

After all, none of us really contribute anything to society on our own, so what better way to punish the most productive members of society (i.e, the rich) than by forcing them to give their money to lazy layabouts through entitlement programs?

I'm guessing it now goes without saying that ...

4. Joe McCarthy was right all along.

Academia, the media, Hollywood, and the Democratic Party are full of covert Communists gradually inching America toward the Soviet system, one liberal program at a time. In fact, I wasn't even allowed to register for my first PhD course until I'd sworn to take an oath on a copy of Marx. Technically I'd be violating that oath by telling you all of this, but luckily I switched "Das Kapital" with "Groucho and Me" at the last minute.

Speaking of things that are funny ...

5. We love killing babies.

Abortion, stem cell research, those death panels in Obama's health care reform bill ... you name it, we're laughing at it. True story: Jon Stewart's entire audition for "The Daily Show" gig consisted of telling dead baby jokes.

Do you know what we take very seriously, though?

6. We want to ruin the institution of marriage.

This is why we want gay people to be able to marry each other. With the institution of marriage forever sullied, we can have lots of frenzied hedonistic dirty hippie sex free of any sense of restraint, propriety, or guilt. Who wouldn't want that?

Oh yeah ...

7. We're persecuting members of the Christian Right.

They're right about our "secular-socialist" agenda. I personally spend the first half of my day mulling over how I can ruin at least one person's faith in God (although when I succeed, I usually spend the second half trying not to get shot). I mean, we're liberals, so we already know we're going to hell (it was the baby killing, wasn't it?), and we get bored pretty easily, so we're trying to take as many people down with us as possible. I heard the weed down there is great.

I feel like I'm leaving something out. Eight has always been my lucky number, so I probably need one more thing ...

8. We already know Barack Obama wasn't born in this country.

Back in 1961, when the liberal establishment heard that a Kenyan graduate student in Hawaii had just married a white teenager who was three months pregnant with their illegitimate child (and she had only become a legal adult nine weeks earlier), we knew that that biracial baby would grow up to become the perfect instrument for our socialist schemes. That's why we ignored the fact that segregation was still around, told them that we were setting their child up to be president, insisted that they make the 21,458 mile roundtrip from Honolulu to Nairobi so he could born in Kenya instead of Hawaii (don't ask), and then planted fake birth notices in the "Honolulu Advertiser" and "Star Bulletin" to throw everyone off the scent. Later we also passed a law prohibiting Hawaii from releasing the official birth certificates of its residents, so that way when Obama was only able to provide the obvious forgery we called a "duplicate," we'd have an excuse.

Of course, there is another possibility. It could just be that liberals have a different interpretation of the Founding Fathers' intent and the Constitution, generally oppose expanding state power but believe that it is necessary when there are greater social problems that can't otherwise be effectively addressed without it (injustices in the medical industry and on Wall Street, consumer safety), believe the wealthy should pay more in taxes because they can afford it (even though they generally pay less in aggregate), believe that there are far more people who benefit from welfare and genuinely need it than there are those who abuse it, think women should have the right to decide for themselves what to do with their bodies, believe homosexuals should have the exact same rights as any other adult couple, simply want the Christian Right to stop trying to blur the separation between church and state, and elected a president who - regardless of what you think of him - has already proven as much as can be reasonably expected of him that he was born in this country.

Nah. That would be ridiculous.

How To Tell If You're An Ideologue



This editorial was originally published on PolicyMic on May 5, 2012. It can be found here: http://www.policymic.com/articles/7874/as-president-obama-officially-kicks-off-the-2012-campaign-how-to-tell-if-you-re-an-ideologue

No one wants to be an ideologue. Defined by Merriam-Webster's Dictionary as "an often blindly partisan advocate or adherent of a particular ideology," ideologues are correctly viewed as one of the banes of the political world. While at their most extreme, they provoke violence and oppress non-believers, even the more innocuous ones manage to hinder debate and exacerbate social divisions, often being as obnoxious as possible in the process.

Yet although no one wants to be an ideologue, the indisputable fact remains that ideologues are still everywhere. They just don't view themselves as such, which brings us to the purpose of this essay - how to tell if you're an ideologue.

To start, ask yourself the following question (which I've put in boldface for reasons that will be explained at the end of the editorial):

Do you believe it's possible for well-intentioned, well-informed, independent-minded, and intelligent people to disagree with your political views?

Even the most ardent zealot usually says yes when this question is merely posed hypothetically, since doing otherwise would involve admitting to being an ideologue (or at least a pompous jerk). For this question to work, however, you need to test yourself with concrete examples instead of applying it as an abstract self-assessment. List three political issues that are especially important to you. Then, for each one, name three individuals whose positions are the opposite of your own, making sure to include both people who are directly involved in your life (anyone you've debated face-to-face, commenters you've encountered on message boards) and those who aren't (politicians, pundits, influential intellectuals).

After you've done that, think about how you've treated them or what you thought about them privately. How many have you assumed weren't poorly informed or in some other way just didn't "get" the things that you better understood? How often did you claim someone wasn't really "independent minded" like yourself, whether it was because they were unduly influenced by the media, their religion, a political party, or anything else that had "brainwashed" them? Have you dismissed people as being downright irrational or stupid? Do you often believe someone is really driven by some ulterior motive, such as prejudice, greed, or a radical political agenda?

Make no mistake about it, there are many, many people out there who possess some or even all of the negative characteristics I just described. Thousands of years of recorded history exist to attest to that, enough to glut the appetites of even the most avid misanthropes. That said, the defining characteristic of an ideologue is the tendency to automatically jump from Point X, or the fact that another person doesn't share his or her point-of-view on an important political issue, to Point Y, or the conclusion that said disagreement is in and of itself proof that the other person is stupid, ill-informed, brainwashed, and/or malevolent.

This doesn't mean that believing or accusing another person of having those traits automatically makes you an ideologue. What it does mean, however, is that the burden of proof falls on you to actually demonstrate that those things are true.

If you think someone is using poor reasoning or is ill informed, don't just rest on the assertion that if they knew what they were talking about they would support this policy or agree with that theory. After they state their position, ask them to list their facts, provide their sources, and explain their logic. Then check their facts for accuracy, their sources for reliability, and their logic for fallacies. When it comes to the deeper beliefs on which they're basing their opinions, dissect why you think they're wrong - and, just as important, make sure you are aware of your own assumed ideological premises, rather than taking for granted that any intelligent person would automatically share them.

At no point should you ever openly declare that the other person has revealed himself to be stupid, brainwashed, or poorly informed. If you can demonstrate errors in their facts, sources, logic, and basic ideological premises, your conclusions about the other person's intelligence and knowledge will become self-evident. The moment you directly say that your opponent is intellectually wanting simply on the grounds that he or she disagrees with your views, on the other hand, you reveal that you have reached a point in which you don't feel comfortable defending your beliefs and must blindly accept their veracity. That, in turn, reveals that you are an ideologue.

Similar rules apply when attacking someone's character. If you believe that someone's position betrays a radical political agenda, demonstrate the connection between the belief in question and the larger agenda they allegedly possess. It isn't enough to simply say that holding a certain opinion automatically proves a larger belief system; you need to demonstrate the link between Point X and Point Y. Likewise, if you feel someone has a certain belief because of a personality flaw - such as greed, power-lust, or prejudice against other groups of people - explain either how the belief in question proves the ulterior motive or, even better, how the actual person you're talking to has actually revealed it in him/herself. Merely asserting these things to be true reveals not only that you are an ideologue, but also that you are the most dangerous type of ideologue - i.e., the one who feels the need to vilify dissenters.

I'm not claiming to have always perfectly followed the standard I just laid out. Indeed, I suspect most people have acted like ideologues at some point or another in their lives; after all, human beings are proud creatures. That said, I do know that there are well-intentioned, well-informed, independent-minded, and reasonable people who disagree with my political views. No matter what your views happen to be, I guarantee the same thing is true of you.

POSTSCRIPT: WHY THE OPENING QUESTION WAS IN BOLDFACE

I encourage all people who encounter ideologues trolling the message boards here to respond with the boldface question I put in this article. Don't let them get away with not answering it or simply brushing it off either. While not feeding the trolls is usually the best route, forcing accountability on them is a close second.

Thursday, May 3, 2012

Soliloquy of an Insomniac Writer


This editorial was originally published on PolicyMic (May 3, 2012). For the original piece, see below:
http://www.policymic.com/articles/7850/behind-junior-seau-and-john-edwards-there-s-a-real-person-who-s-suffering/featured_writer

Like most of the writers I know, I don't sleep well.

This is probably because when you're a writer, your mind never entirely shuts off. When it isn't busy whirring away on your next literary project(s), it is almost certainly seeking material that can inspire it to produce something new. Even when you don't think your mental roamings are going to build up to anything - even when you sincerely believe, for example, that your aimless wanderings through online news sites are nothing more than the diversions of a sleep-addled mind - on a subconscious level, your brain is always seeking fuel to feed its bottomless hunger for new excuses to employ the written word.

If you're lucky, what you find will be intriguing, entertaining, or even uplifting. If you aren't so fortunate, you'll wind up stumbling across stories like these from the headlines of May 2, 2012:

- A right-wing milita leader with Nazi sympathies and an avowed hatred of illegal immigrants murdered four people in a shooting spree outside of Phoenix before turning his gun on himself. One of his victims was a toddler girl.

- In Egypt, eleven people were killed during a clash between protesters supporting an ultraconservative Islamist preacher and a group of unknown attackers. The Muslim Brotherhood and other influential Egyptian political parties have used this as an excuse to boycott meetings with military leaders to draft a constitution, thus furthering that nation's dangerous instability less than a month before a critical presidential election.

- In Oceanside, CA, football star Junior Seau was found dead from a self-inflicted gunshot wound. A beloved player as well as legendary linebacker, Seau showed no signs of depression, leaving his friends and family mystified as well as distraught. His devastated mother was quoted asking, "Junior, why you never tell me?"

- An engineering student at the University of California San Diego was hospitalized after agents at the Drug Enforcement Agency (DEA) accidentally left him handcuffed in a cell for five days. After being rounded up in a drug raid, the young man had been cleared of any wrongdoing and was told that he would be shortly taken home. The DEA officials then forgot he was there, leaving him without food or water and forcing him to survive by drinking his own urine.

- At the trial of erstwhile presidential candidate John Edwards, a former staffer testified as to his wife's reaction upon learning that he had been having an affair. The ex-aide recounted how Elizabeth Edwards - then in the midst of a battle against cancer she would ultimately lose - tore at her clothing and exposed her chest while telling her husband, "You don't see me anymore." As this story was being relayed to the court, one of John Edwards's daughters left the room in tears.

Each of those anecdotes could easily be used as the focus for an op-ed piece that would do credit to PolicyMic's reputation for informed and lucid commentary. Middle Eastern politics, racism and xenophobia, violations of civil liberties, political sex scandals, celebrity suicides - these are the ores from which skilled writers can mine great insights or, failing that, pound out crowd pleasing polemics.

Woven together, however, these stories simply remind me that behind every polished editorial, there is real human suffering. It is easy to overlook that these days, residing as we do at a time when slick talking points and :30 second sound bytes trump thoughtful reflection. This is especially true for anyone who regularly writes and/or talks about political and social issues; after a while, even the most sensitive pundits find that their emotional sensoria have been numbed by the deluge of tragedies they constantly hear about and discuss.

While the potential for editorializing may seem clear in the light of day, though, at night the human reality of it all can settle in. Once that happens, all that comes to mind is the great question Sir Arthur Conan Doyle once wrote for Sherlock Holmes:

"What object is served by this circle of misery and violence and fear? It must tend to some end, or else our universe is ruled by chance, which is unthinkable. But what end? That is the great standing perennial problem to which human reason is as far from an answer as ever."

Indeed.

Sunday, April 29, 2012

Barack Obama's Legacy



This editorial was published in "The Morning Call," PolicyMic, and CNN on April 30, 2012:(http://www.mcall.com/opinion/yourview/mc-obama-legacy-rozsa-yv--20120429,0,2903223,print.story), (http://www.policymic.com/articles/7695/after-1-200-days-obama-has-left-his-mark-on-america/latest_articles), and (http://ireport.cnn.com/docs/DOC-783451).

With one of Barack Obama's signature legislative achievements on the Supreme Court chopping block and his re-election bid against Mitt Romney shaping up into a close race, many conservative pundits are claiming the president's very legacy is in peril. Since their assertions have been given ample play in mainstream media outlets, I decided it would be appropriate to offset them with a different perspective. Here is a look at some of Obama's most important achievements, nearly 1,200 days into this presidency:

•Foreign policy. Per one of the central promises of his 2008 presidential campaign, he ended the war in Iraq, with the last U.S. troops being withdrawn in December 2011. He also presided over the tough decisions that led to the assassination of Osama bin Laden, thus helping bring closure to the emotional wounds of the Sept. 11 attacks. Finally, Obama underwent concerted diplomatic efforts to repair relations with nations that had grown alienated from America by George W. Bush's foreign policies, particularly with his concerted outreach to the Muslim world as spelled out in his "New Beginning" speech at Cairo University. Only the lingering war in Afghanistan exists as a major tarnish on his foreign policy achievements.

•Domestic policy. Even if the Supreme Court overturns Obama's health care reform law, he still will have amassed an impressive legislative record, including civil rights measures (the Lilly Ledbetter Fair Pay Act, the Don't Ask, Don't Tell Repeal Act), significant financial regulatory reforms (the Fraud Enforcement and Recovery Act, the Wall Street Reform and Consumer Protection Act), consumers rights bills (the Credit CARD Act, the Food Safety Modernization Act), and economic relief initiatives for those struck hardest by the recession (the Helping Families Save their Homes Act, the Small Business Jobs Act).

•The economy. Obama stopped the Great Recession from deteriorating into a second Great Depression. Although the first nine months of the Great Recession saw only a gradual climb in unemployment (from just under 5 percent in the last pre-recession month, November 2007, to slightly more than 6 percent in August 2008), the Wall Street meltdown of September 2008 caused it to spiral out of control. Unemployment rose at a dangerous average rate of almost 0.4 percent per month from the time of the crash to May 2009. Once Obama's stimulus bill began taking effect, however, the jobless rate stabilized; after doubling to 9.4 percent in the year and a half since November 2007, it remained at or under 10 percent for the next 18 months. Since then it has declined, in large part due to a second stimulus Obama appended to the Bush tax cut extensions, with unemployment ranging from 8.5 percent to 9.1 percent throughout 2011 before falling to a low of 8.2 percent in March.

Overall, the president whose legacy Obama's is most likely to resemble is the same one with whom he was so often compared only a few years ago — John F. Kennedy.

Some of the reasons for this are obvious: Like Obama, Kennedy broke long-standing barriers of prejudice by virtue of his election (Kennedy for Catholics, Obama for African-Americans) and developed a public image as a charismatic, eloquent and scholarly idealist. Just as important, however, Kennedy also racked up a number of important accomplishments during his tenure, including creating the Peace Corps, signing the Nuclear Test Ban Treaty, launching the race to the moon, navigating America through the Cuban Missile Crisis, and using federal troops to help integrate the South.

Inevitably, both presidents also saw their mystiques fade during their administrations, thanks to their own blunders (Kennedy and the Bay of Pigs, Obama and the BP oil spill), the disappointment of liberals unhappy with compromises (Kennedy on civil rights, Obama on health care reform), and the venom of right-wingers who not only accused them of being socialists and/or communists but also popularized conspiracy theories fueled by prevalent prejudices, such as claiming Kennedy was taking orders from the Vatican or that Obama wasn't born in this country.

Like all parallels between history and the present, the Kennedy-Obama analogy isn't perfect, given the different circumstances in which they governed. In the end, though, Kennedy is still remembered for the barriers he broke and the way his policies helped America, and likely would still be recalled that way even if he had been defeated for re-election in 1964. Regardless of what happens to Obama in 2012 — at the Supreme Court or the ballot box — the same will almost certainly be true for him.

Tuesday, April 3, 2012

How The Military Should Handle Neo-Nazis and Ron Paul Supporters


This editorial first appeared on PolicyMic (April 3, 2012). The original version can be found here: http://www.policymic.com/articles/6398/ron-paul-supporters-wrongly-banned-from-the-military-while-neo-nazis-permitted-to-serve/headline_story
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Nathan Wooten has a portrait of Adolf Hitler hanging in his living room. He named his son after a leader of the German S.S. He regularly posts comments on National Socialist message boards and created a personal profile on a white supremacist social networking site. Beyond any shadow of a doubt, Wooten is a neo-Nazi.
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Until last month, he was also a sergeant in the Missouri National Guard.
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Some quick context:
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- Wooten's superiors had been aware of his neo-Nazi affiliation for almost a full year, not acting upon this information until it was leaked to the St. Louis Post-Dispatch. In early 2011, three of Wooten's colleagues reported that he was openly professing racist views to them.
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- His behavior was in clear violation of military regulations, which explicitly forbid its members from getting involved with groups that "actively advocate supremacist doctrine, ideology, or causes."
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- The military's tardiness in dealing with Wooten isn't exactly standard practice when it comes to their handling of personnel who get mixed up in politics. Back in January, an Army reservist named Jesse Thorsen appeared in uniform at a Ron Paul rally to endorse the libertarian congressman. As the Associated Press reports, "the military's reaction was swift" when they heard about this, since soldiers are prohibited from appearing at political functions in uniform or making public political speeches (although they are allowed to vote and attend rallies). Thorsen was punished with a formal reprimand, one that will likely inhibit his chances of advancing through the ranks in the future.
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There have been other recent instances in which the military encountered controversy due to the ideological views of its members: Gary Stein, the Marine Corps Sergeant who created a Tea Party page on Facebook, said he would refuse to follow President Barack Obama's orders if he disagreed with them; Major Nidal Malik Hasan, the Fort Hood shooter, had repeatedly advocated violence against Americans prior to his bloody rampage, although the military failed to act when they heard about it; and intelligence expert Craig Baxam was arrested after his efforts to assist a Somali affiliate of Al Qaeda were discovered. On each of these occasions, however, the ultimate problem was not the political views of the soldiers, but rather the fact that they had openly declared either a willingness to insubordinate their commander-in-chief (Stein) or sympathy for America's avowed enemies (Hasan, Baxam). As such, their situations are not comparable to those of Wooten and Thorsen, for whom their expression of certain political beliefs is the primary matter at issue.
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The key difference is that the military was wrong for what it did to Thorsen. It is unrealistic to claim that a soldier who has one set of political opinions is incapable of effectively serving citizens with differing views, since by that logic all soldiers would be required to abandon their Constitutional right to free political thought upon enlisting. While it makes sense to prevent soldiers from adopting or advocating philosophies that will (a) undermine their ability to perform their duties as required and/or (b) render them unable or unwilling to respect and protect all of their fellow citizens equally (see Stein, Hasan, and Baxam), it is absurd to argue that those requirements are violated by simply supporting an ordinary political candidate, be it Ron Paul or anyone else. Similarly, while the military has the right to demand that its members not claim that their personal political views represent the ideas of the institution as a whole, it is ridiculous to claim that a soldier who simply makes his occupation known while espousing certain beliefs -- be it by wearing a uniform or actually stating his vocation -- is implicitly conflating his individual perspectives with those of his larger organization. Unless he directly makes that claim, the institution entrusted with defending our Constitution should always err on the side of guaranteeing the rights prescribed in that document to its personnel.
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I anticipate that these views may surprise some of my regular readers, given that I have written editorials in the past criticizing Ron Paul for his misrepresentation of Constitutional history and urging his supporters to avoid the dangers of dogmatism (I also noted that white supremacists are a part of Ron Paul's coalition, although they are far from being a majority within it). Nevertheless, they must remember that true progressives place a high premium on the integrality of freedom of thought, one best captured in the writings of Voltaire (one of my favorite authors) and summarized by the aphorism of his biographer, Evelyn Beatrice Hall:
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"I disapprove of what you say, but I will defend to the death your right to say it."
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The protection to which Thorsen is entitled, however, does not apply to Wooten. Subscribing to neo-Nazi political views is not the same as believing in libertarianism (like Thorsen), progressivism, centrism, or conservatism. While those ideologies may have wildly different positions on important policy questions, none of them inherently relegate any class of citizens to a status of basic civic inferiority. Neo-Nazis, on the other hand, do not respect the human rights of African Americans, Asians, Hispanics, Jews, and other ethnic groups they deem to be "lesser." Consequently, a neo-Nazi like Wooten cannot be reasonably expected to do the duties he owes to all his fellow citizens, which disqualifies him from military service on a fundamental level. Even worse, because his responsibilities as an honor guard involve being a physical symbol of American values at the funerals of deceased servicemen, it is downrighting insulting to World War Two veterans to have them posthumously honored by a man who openly reveres the tyrant they risked their lives to topple. As such, it was unconscionable for Wooten's superiors to knowingly allow him to remain in service, especially in light of how other officers immediately punished Thorsen for an offense that was, at the very least, far lesser in scope (assuming one even believes that it should be an offense in the first place). A public accounting of their decisions must be made, with jobs lost if the justifications are shown to be inadequate.
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I won't offer any hypotheses as to why Wooten received superior treatment than Thorsen, since intelligent speculation is impossible without firsthand access to the private documents issued at the time on those subjects. Instead I will conclude with a personal confession: I am far from unbiased when it comes to discussions of neo-Nazis. When I read about someone like Nathan Wooten, I am reminded of a 12-year-old boy who nearly lost his life in an anti-Semitic hate crime, one in which his peers tried to drown him in a lake while chanting "Drown the Jew!" Before that incident, he had schoolmates confront him with the charge that he worshipped Satan, inform him that he wasn't allowed to play with them because their parents didn't want Jews in their homes, show him swastikas that they had drawn on their binders and carved into their desks for his consumption, and pelt him with coins as a particularly cruel way of mocking the stereotype of Jewish greed.
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That young man, as you may have already guessed, was me. I learned many things from that ordeal, but foremost among them was the knowledge that -- while I may disagree with individuals like Jesse Thorsen -- there is a fundamental difference between opinions that differ from my own and ones that imperil my very existence. Nathan Wooten's beliefs fall into the latter category, and people who share them have no place in positions of power or influence in any free society.

Tuesday, March 27, 2012

A Republican War on Women?


This editorial was originally published on PolicyMic (March 22, 2012) and can be found here: http://www.policymic.com/articles/5832/a-republican-war-on-women
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Is it fair to claim that the Republican Party is waging a "war on women?"
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Let's look at the facts. Although the phrase in question only regained its political fashionability within the last few months, the sad truth is that the Republican Party's hostility to women's rights traces back much longer than that. The days when Senator Margaret Chase Smith electrified Congress with her eloquence and sharp logic subsided long ago; in their place is the party whose much-heralded "Reagan Revolution" was ushered in by a former California governor who proudly made good on his 1980 presidential campaign promise to quash the Equal Rights Amendment.
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That spirit is still evident today. With four examples from 2012 alone, one can see it:
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- Rush Limbaugh's reference to Sandra Fluke, and by implication any woman who supports federal guarantees of insurance coverage for female contraception, as being "a slut" and "a prostitute" for supposedly wanting other people to pay for her sex (Limbaugh initially refused to apologize but changed his tune when advertisers began to pull out of his program).
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- The passage of a Texas law requiring women to undergo an ultrasound before receiving an abortion, one accompanied by tentative counterparts in Virginia and Pennsylvania.
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- The proposal in Wisconsin of a particularly misogynistic law that would brand single mothers as child abusers for not being married, one put forward by a legislator who later admitted that he opposed divorce for any reason, even arguing that women in abusive relationships should just remember what they used to love about their husbands and "re-find those reasons and get back to why they got married in the first place."
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- The fact that the field of Republican presidential candidates includes: a man who wants to eliminate funding for Title X programs that would fund Planned Parenthood (sans abortion procedures) and help poor women receive everything from cancer screenings and pap smears to birth control and wellness checkups, a man who has based a large part of his condemnation of Obama's contraception insurance mandate on the grounds that "[sex] is supposed to be within marriage" and birth control is "a license to do things in a sexual realm that is counter to how things are supposed to be," a man who voted against the Family and Medical Leave Act, and a man who says victims of sexual harassment "can't escape some responsibility for the problem" by not just quitting their jobs.
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Facts such as these dominate the public image of the Republican Party today, and they can't be scrubbed out simply because they're justified by sympathetic female cultural reactionaries, be they commentators like Phyllis Schlafly and Ann Coulter or politicians like Sarah Palin and Michele Bachmann. On the one hand, it is quite hyperbolic to classify all of this as a literal "war on women," since that term more appropriately applies to the extreme atrocities facing the unfortunate female residents of nations like Afghanistan, Iran, and the Congo, even though it's worth noting that America - unlike nations such as Great Britain, Israel, and Germany - has never had a female head of state. At the same time, the hyperbole is one that Republicans have brought upon themselves. By opposing policies that will allow women full control over their own bodies, sexual choices, marital statuses, and workplace rights, they deny them the ability to fully control their own lives.
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This makes me pine for the days of feminism. Not the militant caricature that was given a deliberately pejorative connotation by the likes of Rush Limbaugh (who, among other things, coined the phrase "feminazis"), but the feminism that simply insists that people shouldn't be allowed to discriminate against others because of biological differences (in this case related to gender) or attempt to impose their personal cultural views regarding sex on those who don't share them. That brand of feminism is very much needed today. As Cheris Kramarae and Paula Treichler put it best, "feminism is the radical notion that women are human beings."

Sunday, March 18, 2012

Health Care Reform and the Anti-Injunction Act

This editorial was originally posted on PolicyMic.com on March 14, 2012. It can be found here: http://www.policymic.com/articles/5408/the-supreme-court-s-decision-on-the-affordable-care-act-could-be-impacted-by-the-anti-injunction-act
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As the Supreme Court prepares to start its hearings on President Barack Obama's health care reform legislation (the Patient Protection and Affordable Care Act, or PPACA), it makes sense that conservatives and libertarians are eager for the case to proceed as quickly as possible. After all, any ruling issued before November 2012 will constitute some manner of victory for their cause: A complete overturning of the bill will be celebrated as a vindication of the anti-PPACA position and a humiliation for Obama, a complete upholding of it can be used to freshly galvanize the right-wing base against the president (especially given the failure of party frontrunners Mitt Romney and Rick Santorum to accomplish that task), and a ruling rejecting the individual mandate while maintaining the rest of the measure would force Obama into a fight with Congress over an alternative to the mandate (of which there are at least nine), one that could be used to paint him in an unflattering light at the height of the election season.
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Just as a wealth of potential benefits await opponents of PPACA if the Supreme Court issues a ruling within the next few months, virtually none can be gained through additional delay. Indeed, worse than none — after January 1, 2014, provisions of PPACA will be implemented that will directly benefit large sections of the general public (the subsidization of insurance premiums for single adults and individuals with income up to 400% of the poverty line, the ban on insurance companies discriminating based on pre-existing medical conditions, the expansion of Medicaid eligibility to all individuals with income up to 133% of the poverty line, the establishment of health insurance exchanges), thereby significantly weakening the movement to eliminate the bill.
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In the end, though, none of this should matter to any conservative or libertarian deserving of those titles. If their oft-proclaimed disdain for judicial activism has roots in anything other than partisan rhetoric, they should want all hearings on the matter to be postponed until at least 2015.
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To understand why, one must look back to the days when Andrew Johnson inhabited the White House. According to the Anti-Injunction Act of 1867, courts are prohibited from striking down tax laws before they take effect, with their power strictly limited to handling cases brought to them by plaintiffs who sue the government after paying the tax in question. This directly pertains to the individual mandate, a penalty contained in the Tax Code against individuals who have the financial means to afford insurance but choose not to acquire it (this is to protect patients from having their premiums raised by people who wait until they become sick to obtain coverage). Because the legal opposition to PPACA has predominantly focused on the individual mandate, any postponement of a ruling on that individual measure would need to be accompanied by a delay in the entire case, one that would have to remain in effect until at least 2015 (the individual mandate would come into effect in 2014, making 2015 the earliest year in which a plaintiff could file suit).
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Inevitably, many of PPACA's opponents are seeking loopholes in this legal barrier. One common claim is that because the text of the health bill itself never refers to the individual mandate as a "tax" but instead uses the term "penalty," the Anti-Injunction Act doesn't apply to it. This, of course, ignores that the mandate is not only contained in the Tax Code but is collected by the Internal Revenue Service. The other major argument, as summed up by Paul Clement (an attorney representing the states challenging PPACA), is that "the challenge here is to the mandate, and not the penalty that enforces it." That logic is even more absurd, since the mandate isn't operative without the penalty; indeed, it can't effectively be a "mandate" without the enforcement mechanism of a penalty in place to implement it.
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The hard truth is that the individual mandate is a tax (semantics-based protests to the contrary notwithstanding), and as such falls under the aegis of the same law that has encompassed comparable bills for nearly a century-and-a-half. For the Supreme Court to make an exception in the case of PPACA would be a classic case of judicial activism as defined by Merriam-Webster's Dictionary of Law, i.e., "The practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent."
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The good news in all of this is that the Supreme Court has already hired a special lawyer to argue in favor of applying the Anti-Injunction Act to PPACA, which he will begin to do on March 26th. Unfortunately, that doesn't mean that legal precedent will actually be upheld by the judges, at least not if we have a recurrence of the judicial hyperpartisanship that has reared its ugly head in other recent Supreme Court rulings (Bush v. Gore and Citizens United v. Federal Elections Commissioncome to mind). What's more, even if the Supreme Court ultimately is convinced to enforce the Anti-Injunction Act (Chief Justice John Roberts is rumored to be especially likely to be swayed by it), one will still need to be concerned about the reaction within the conservative and libertarian communities. If the hysteria that tarnished the right-wing's response to the campaign to pass PPACA is any indication — from the accusation that it was a "Nazi" bill to the hyperbolic myths about things like "death panels" — there could be quite an ugly backlash.
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Then again, maybe they'll be too distracted by the presidential election to notice or really care that the PPACA hearing was delayed. Or maybe they'll be so focused on another anti-Obama bugaboo that they won't have the energy to expend on this issue.
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Or maybe, just maybe, they'll remember what they ostensibly believe as conservatives.

Thursday, March 8, 2012

The Founding Fathers and Progressivism



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If there is one point on which far too many conservatives and libertarians agree, it is that there is something deeply un-American about economic progressivism. It can be found in Ron Paul's references to his liberal opponents not understanding the Constitution or Michele Bachmann's insinuations about "anti-Americans" on the left, and it manifests itself more directly in the jeremiads of Glenn Beck and Mark Levin.
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It's easy to see why this line of thinking has so much appeal for economic right-wingers. As a talking point, its effectiveness is hard to surpass; by linking their own ideas to those of America's major leaders and juxtaposing them with the allegedly antithetical beliefs of their opponents, they make it possible to brand those who disagree with them as being at best uninformed and at worst agents of a radical or even downright sinister un-American agenda. Of course, such polemics are only justifiable if they sync up with the facts. A brief overivew of American history quickly reveals, however, the truth is much more complicated than any set of sweeping assumptions.
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We can start with the Constitution itself. Although often cited as the bulwark in the laissez-fairest's defense of limiting federal involvement in the economy, one of the primary impetuses behind the calling of the Constitutional Convention was the need for central economic authority. Under the initial governmental pact known as the Articles of Confederation, Congress lacked the power to lay or collect taxes, found that requisitions asked of the states were almost always ignored, and couldn't even impose uniform tariff policies throughout the nation. Most significantly, the federal government lacked the instruments with which to effectively confront economic crises that were national in scope, such as the post-war conflict between debtors and creditors which, as James Madison later wrote, "contributed more to that uneasiness which produced the Constitution and prepared the mind for a general reform" than any other issue.
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The Constitution was thus viewed as an instrument which would solve these problems by granting more power to the central national state. Newly enumerated powers included the ability to pass commercial regulations, "coin money" and "regulate the value thereof," impose taxes, and even regulate how states could punish citizens who had gone bankrupt, then considered to be one of America's most pressing humanitarian issues. While Founding Fathers like Madison wanted even more powers expressly delegated to the federal government (such as being able to establish universities, promote the arts and sciences, secure payment of the public debt, etc.), they didn't push to have them to be listed because, as Madison explained nearly a half-century later, "the rejection or not adopting of particular propositions" was never intended to imply that those powers were thereby excluded from the federal aegis (given the nuances of parliamentary protocol, different enumerations were rejected for any number of reasons). "In expounding the Constitution and deducing the intention of its framers," he explained, "it should never be forgotten that the great object of the Convention was to provide, by a new Constitution, a remedy for the defects of the existing one."
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In short, the Founding Fathers did not want Americans to so fear losses to their liberty that they avoided implementing policies needed to meet national exigencies, economic or otherwise. From Madison reminding his readers to avoid "a blind veneration for antiquity, for custom, or for names" to Alexander Hamilton scoffing at the notion of people avoiding a given measure "from a remote possibility of its being abused," they believed that state authority should endeavor to avoid extremes - be it the tyranny of King George III or the chaos of the Articles of Confederation -- and instead opt for a middle-ground, with federal authority being usually limited so as to maximize personal freedom but still increased whenever pragmatism called for it. While these arguments did not prevent the Constitution from being fiercely maligned by its opponents (the Antifederalists), the arguments of its supporters (the Federalists) ultimately prevailed, with each of the 13 states eventually deciding to join the union structured around the increased federal powers called for in that document.
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Subsequent presidents then interpreted those powers as they deemed appropriate. George Washington chartered the First National Bank, created the federal post office, and enforced the government's right to levy unpopular taxes by quashing the Whiskey Rebellion. Thomas Jefferson, despite espousing a non-interventionist approach to economic questions, saw no inconsistency in championing generous federal subsidies for public school education, the promotion of the arts and sciences, and job-creating transportation infrastructure. Abraham Lincoln formed the Department of Agriculture, passed both the first income tax and the first progressive income tax, and used federal money to build the transcontinental railroad and create land-grant colleges (the forebears of today's public universities). Theodore Roosevelt passed laws regulating food and drugs for cleanliness and safety, broke up corporate trusts, and advocated social insurance, minimum-wage laws, pro-union legislation, and eight hour workdays.
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While most of these measures are taken for granted by Americans today, they constituted major expansions of state power into areas of the economy that had previously been entirely private at the time they were proposed. More important, they weren't backed by presidents who are currently viewed as controversial by the bulk of the right-wing (such as Woodrow Wilson, Franklin Roosevelt, or Barack Obama). Indeed, to see how firmly Washington, Jefferson, Lincoln, and Roosevelt are etched into the rock of America's national identity, one doesn't need to look any further than Mount Rushmore.
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It's important to note that I'm not trying to invert the fallacy made by economic consevatives to liberals' advantage - i.e., my goal is not to argue that America's most important leaders would have definitely favored the progressive economic policies detested by the right-wing today, be it health care reform and New Deal-esque stimulus packages or measures protecting labor organizing rights and welfare policies aiding the poor and disadvantaged. For one thing, the voluminous quantity of writing produced by the Founding Fathers makes it very easy for supporters of both laissez-faire and economic interventionism to find material supporting their respective philosophies (the views of Madison and Hamilton on the general welfare clause being one prime example). In addition, progressives should welcome the debate sparked when conservatives claim that too much government regulation inhibits economic growth, that having the government provide certain goods and services stifles creativity and hinders efficiency, that welfare programs to assist the poor and unemployed disincentivizes individual initiative, or that progressive stimulus programs are too expensive to be fiscally safe. While liberals may disagree with these arguments, there is nothing intellectually dishonest about their use by the right-wing in political debate, and if we are confident in the correctness of our position (which we should be), there is no reason to object when we are expected to rebut them.
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That said, if conservatives are confident in the merits of their positions, they should not feel the need to fight liberals with calumnies. While socialists want all economic power centered in the state and radical libertarians want virtually none to exist there, the vast majority of Americans are sensible enough to realize that there is a happy medium between those two dangerous extremes, and are conflicted primarily on ascertaining where that medium rests. When conservatives attempt to win them over not by appealing to fact, but by wrongly claiming – either directly or by implication – that their opponents are somehow "un-American," they engage in the strategy of winning hearts by cheating instead of earning minds through honest persuasion.
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Daniel Patrick Moynihan put it best: "Everyone is entitled to his own opinion, but not his own facts."
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For more reading, feel free to check out the sources I used, including: "The Ideological Origins of the American Revolution" by Bernard Bailyn, "The Great Challenge: The Myth of Laissez-Faire in the Early Republic" by Frank Bourgin, "Spreading the News: The American Postal System from Franklin to Morse" by Richard John, "The Foundations of American Economic Freedom: Government and Enterprise in the Age of Washington" by E. A. J. Johnson, "The Presidency of Abraham Lincoln" by Philip Shaw Paludan, and "The Presidency of Theodore Roosevelt" by Lewis L. Gould. I also encourage you to look at primary sources, including "Notes on the Debates in the Federal Convention of 1787" by James Madison, "The Federalist Papers" by James Madison, Alexander Hamilton, and John Jay, and "The New Nationalism" by Theodore Roosevelt.