Category Archives: Tea Party

‘Super Epic’ Tweet of the Day

There’s some really great tweets about Sen. Rand Paul’s filibuster. So far, this is my favorite:

A Few Personal Observations From a Contentious Town Hall Meeting

This past Saturday, I decided to meet up with Colorado Libertarian Party members to take part in a town hall meeting at the Smoky Hill Library in Centennial, Colorado. Several members of the state legislature hosted the event: Sen. Nancy Todd (D-Sen. Dist. 28), John Buckner (D-House Dist. 40), and Su Ryden (D-House Dist. 36). Senate Majority Leader, Morgan Carroll (D-Dist.29) was a no show.

When I received the invitation, in my inbox, there were 11 others who RSVP’d to attend the event. I really had no idea if we would be the only individuals in attendance who would challenge these legislators or if we would be in good company. All I knew was all of these legislators would be Democrats in favor of most, if not all, of the gun control measures (at least in principle) being considered at the state capitol. I fully expected that we would be crashing their party.

As it turned out, the Colorado Libertarians who responded to the Meetup invitation were not the only party crashers (I’m not entirely clear on who was part of ‘our group’ and who wasn’t). Before the meeting, several of  us were outside with our pro-gun rights signs. Rep. Ryden and Sen. Todd were kind enough to talk with us briefly before the meeting started.

Just before the meeting started, we were advised to write down our questions on the 3X5 cards the meeting organizers provided to us rather than take random questions from the citizens. As the meeting progressed with a small number of the questions being read, many in attendance were not too pleased with this “I thought this was supposed to be a town hall meeting,” one person complained. About halfway into the meeting after several unsatisfactory answers from the legislators concerning the right to bear arms, one elderly gentleman stormed out.

Throughout the meeting, the legislators tried to steer the discussion toward other issues but a very vocal section of the crowd would have none of it, routinely interrupting their responses saying things like “Our rights don’t come from you, they come from God!” and “You aren’t tak’n mah guns!” etc.

I cannot say for sure if the majority of those in attendance were opposed to the upcoming gun control legislation but they certainly were louder than the supporters. While I certainly agreed with much of the sentiments being expressed toward the law makers and was very pleased that they made it known to them that some Coloradans aren’t too keen on the idea of registration, magazine limits, the proposed “Assault Weapon Responsibility Act” (liability for owners, sellers, and manufacturers of ‘assault weapons’ and ammunition – the most asinine of the seven bills being considered IMO), etc. I have to say that their antics probably didn’t win over anyone who was on the fence. They certainly didn’t change the minds of the legislators when they were being called “Socialists.”

Don’t get me wrong, I understand that this is a very emotional issue and those of us who favor the right to bear arms feel like we have been backed into a corner. Before the bodies of the precious school children were even cold at Sandy Hook Elementary School, the media and the gun control advocates demanded that our elected officials “do something” to make sure this “never happens again.” They made us out to be the bad guys. I fully understand that it can be emotionally satisfying to lash out at these people in a public forum. If the goal was to give these individuals an ear full, then let me put on my flight suit ala George W. Bush and say “mission accomplished.”

My goal, however; was somewhat different. I was hoping to have an intelligent discussion with these people about these proposals. I was hoping to point out to both the legislators and those in attendance that according to the FBI, violent crime in 2011 was at a 19-year low (I believe it was Rep. Buckner who erroneously said that violent crime was increasing). I also wanted to point out that out of all the homicides in the U.S. in 2011, so-called “assault rifles” made up for perhaps 2% of the total and that every school campus will have one murder every 12,000 years. It seems to me that the Democrats, who control both the executive and legislative branches in Colorado, are proposing solutions in search of a problem.

Those were the points I hoped to get across. Fortunately, I did manage to have a civil discussion with Rep. Ryden after the meeting. She was kind enough to allow me to give her a printout of these statistics, the blog post I posted here last week, and my contact information. We shook hands and I thanked her for her time.

Did I make an impression on her? Maybe. I would like to think that  she was more open to listen to my point-of-view as opposed to saying things like “you’re not tak’n mah guns!”

Will she ultimately change her mind? Probably not. But if we want these people to take us seriously, to consider another viewpoint, and if we don’t want these people to think we are the fools the media makes us out to be, we need to stop acting like fools. We should leave that to the other side.

The Modern Republican Party is a Special Kind of Suck (Part 3 of 3)

Part 2

Did Voters Reject Capitalism?
Some on the Right have said that the 2012 election was a rejection of Capitalism. I’m not entirely sure I agree. Yes, there seems to be a large percentage of the electorate who want money to be taken away from the top 1 or 2% and redistributed to the remaining 99 or 98%. Yes, more people are reliant on some sort of government check than ever before. Is it possible that there was some other reason voters rejected the alternative Barack Obama in this election?

The answer to this question, I think, has more to do with where conservatives come down on certain divisive social issues. The rhetoric on issues like abortion and gay marriage for example have alienated certain people who agree with Republicans on taxes and spending may have otherwise voted for the Republican candidate. For voters who decide these issues are at least as important as economic issues, they either support Obama, support Gary Johnson,* or don’t vote at all.

Anti-choice Extremism of Suck
To be fair, abortion is an issue that even divides libertarians. Sadly, this is not an issue that is likely to disappear anytime soon.** But the way Republicans present the issue needs to change unless they want to continue to chase away the female vote. I don’t think it’s even necessarily about abortion per se but more the cavalier attitude some Republican politicians seem to have about anything concerning women’s reproductive cycles.

While it’s reasonable to say that the government should not force insurance companies to pay for contraception, when someone like Rush Limbaugh calls someone like Sandra Fluke a slut or a prostitute, for advocating the opposite view, this distracts from the argument. There has always been a double standard in our society concerning sex. Men are studs for putting notches on their bedposts while women are sluts for doing the same. Comments like these remind women of this double standard and make it seem that Republicans have not moved beyond this double standard.

They refer to the “morning after pill” (marketed as Plan B) as an “abortion pill” when in fact it is not. In fact, according to this article on WebMD the morning after pill doesn’t work for women who are already pregnant (that’s a different pill). The article further explains that the pill does one of two things depending on where a woman happens to be in her cycle when the pill is taken: 1. prevents or delays ovulation or 2. keeps the egg from being fertilized. Some may also recall that Ron Paul, who was arguably the most anti-abortion candidate in the race and someone who was an obstetrician by trade (i.e. he knows what he’s talking about) said as much in one of the debates when the morning after pill was brought up. Anyone who says the morning after pill is an abortion pill is either uninformed or lying.

You have Republican men like Todd Aiken talking about “legitimate rape,” basically saying to women who are real victims that if her body didn’t “shut that whole thing down,” they weren’t really raped to begin with, therefore; there shouldn’t be a legal exception for rape to allow for an abortion. Another senate candidate, Richard Mourdock, said that a pregnancy that is the result of rape is “a gift from God.” Seriously.

Whether they realize it or not, Republicans are basically saying that pregnant women are second class citizens. For nine months, her rights are second to the concern of the unborn child regardless of the circumstances of how the child was conceived and regardless of legitimate health concerns of the mother. It should come to no surprise that some women might object to these attitudes and vote accordingly.

The issues concerning reproductive rights are delicate but often not treated as such among Republicans. Maybe just maybe, the GOP should allow the women to be the spokespersons on these issues, even if they are staunchly anti-choice. Instead of a blanket one size fits all federal policy outlawing abortion; the GOP should say the issue should be decided state-by-state.

Anti-Gay Attitudes of Suck
Face it Republicans, gays are serving in the military and they will eventually have the ability to get married in all 50 states. The train has left the station a long, long time ago. You can concede that you have lost on this issue or you can continue to take a beating at the polls, and deservedly so.

So what’s a socially conservative person to do?

No one says you have to like the gay lifestyle. Go ahead and preach from your tax exempt pulpit about the immorality of homosexuality. Go ahead and write blogs or write on your Face Book wall about how much you disapprove. Whatever. It’s your right to be as intolerant as you want to be.

The problem for libertarians at least is when you want to use force via the government to get your way. Libertarians would also say that churches should not be forced by the government to marry gay couples (or any couple for any reason for that matter). Let the churches discriminate but also allow gay couples to have the same legal contract*** rights as heterosexual couples. And if a gay couple can find a church that will marry them, that should be the end of it. Who are you to infringe on their religious liberty?

Conclusion: Slaying the Suck
The days of appealing only to white Christian men over 50 are coming to an end as white Christian men over 50 are quickly becoming a minority. The Republican Party must learn to reach out to minorities, to women, and to younger voters.

Sure, Republicans had minorities speaking at their convention and I’m not accusing the GOP of tokenism (though I’m sure others, particularly on the Left will make that charge). But it simply is not enough to have Condoleezza Rice, Susannah Martinez, and Marco Rubio in the party to say that you are “inclusive.” Minorities need to be included in the conversation, heard as opposed to talked at. How are your policies better for them than the Democrats’?

Ask yourself: “If I were female, Black, Hispanic, Asian, Native American, Muslim, atheist, or gay, would I feel welcome in the Republican Party?” If the answer is “no,” the Republicans have some serious work to do if they want to win in the future. While none of these minorities in of themselves cost Romney the election, together they make up a significant voting bloc that would be foolish to ignore.

Some of the issues I have mentioned in this series are popular within the GOP but don’t necessarily play all that well outside the GOP (i.e. independent voters). This doesn’t mean surrendering their principles necessarily but it does mean re-thinking some of them, presenting their ideas better, and deciding which issues are worth fighting for and which (if any) need to be jettisoned.

While some people may have liked Mitt Romney’s economic proposals, they may have also disliked his social proposals. The problem with supporting a candidate for office is that the person you are voting for is a package deal. Some of us are simply unwilling to choose between economic liberties and civil liberties (and when the Republicans are only marginally better on economic liberty than the Democrats AND when Democrats are only marginally better than Republicans on civil liberties, some of us prefer the real deal and vote Libertarian).

In closing, I think Rep. Ron Paul had some very good thoughts in his farewell speech from the House that would serve as a guide on how the Republican Party can slay the special kind of suck that gave a terrible president a second term:

The problem we have faced over the years has been that economic interventionists are swayed by envy, whereas social interventionists are swayed by intolerance of habits and lifestyles. The misunderstanding that tolerance is an endorsement of certain activities, motivates many to legislate moral standards which should only be set by individuals making their own choices. Both sides use force to deal with these misplaced emotions. Both are authoritarians. Neither endorses voluntarism. Both views ought to be rejected.

Yes, these views ought to be rejected and the GOP should return to the strategy they used to win in 2010: economic issues front and center and social issues on the back burner.

*I am proud to say I was one of the 1% or roughly 1 million who supported Gary Johnson for president. Though in terms of the election is a small number but set a new record for the Libertarian Party.

**Call me cynical but I think both Republicans and Democrats want abortion to always be an issue for fundraising reasons. This is an issue that animates the bases of both parties.

***Don’t waste my time with the slippery slope arguments “that if gays can marry what’s next, people marrying their dogs?” or “marry children” or “marry their cars.” The key here is contract rights. Dogs, children, and cars all have one thing in common: none have the legal ability to enter into a contract.

The Modern Republican Party is a Special Kind of Suck (Part 1 of 3)

Barack Obama’s Record of Suck
Four years ago, Barack Obama was elected the 44th President of the United States. He promised hope n’ change from the failed policies of George W. Bush. His policies were going to lower the debt, reduce unemployment to around 5%, become the “most transparent administration in U.S. history,” close Guantanamo Bay, and restore the damaged international relations around the world.

Four years later, Obama has increased the debt by $6 trillion (the national debt is now over $16 trillion), kept unemployment hovering around 8% for nearly his entire first term despite his Keynesian efforts to stimulate the economy, and punished whistleblowers for daring to shed light on what has arguably been one of the least transparent administrations in history. Guantanamo Bay is not only still open but now with Obama’s signing of the NDAA, even American citizens can be taken there and detained indefinitely without charge or trail. If this wasn’t enough, the Obama administration also developed a “secret kill list” from which drones search for and kill targets from that list– including American citizens, who are sought out in Yemen, Pakistan, Libya, Syria, and who knows where else without any Constitutional authority whatsoever.

Then there’s “Fast and Furious,” an operation of Eric Holder’s Justice Department in which the BATFE purposely gave weapons to Mexican drug cartels resulting in untold deaths including a Border Control Agent by the name of Brian Terry. Obama has since invoked executive privilege to protect Holder from congress getting too close to the truth.

Finally, there are the terrorist attacks in Libya and Egypt on September 11, 2012. Rather than admit the obvious, President Obama and his administration lied to the American public concerning the nature of the attack claiming the attacks came from spontaneous protesters who were angry about an obscure YouTube video that “slandered” the prophet Mohammad.

A Special Kind of Suck
This is only a thumbnail sketch of the failures and malfeasance of the Obama administration in one term of office. Today the news should be about the Romney/Ryan transition team after a slam dunk landslide victory. But that is not the news today, is it? Yes, the Republican Party sucks but for the Republican challenger to be beaten despite Obama’s record, an advantage the last Republican challenger did not have, that takes a special kind of suck.

How exactly did the Republican Party achieve this special kind of suck? That is the question political observers are asking and what the party needs to answer if the GOP wants to win future elections. Reflexively, many on the Right are blaming the main stream media for its pro-Obama bias. There’s no question the MSM was more critical of Romney than Obama. They downplayed team Obama’s missteps but never missed an opportunity to report each and every gaffe of team Romney. Romney was also running against history – America’s first black president. While this is all true, it’s also true that Republicans won control of the House in the 2010 midterm elections on a wave of Tea Party fervor. The MSM had just as much of an Obama/Left wing bias then as they do now yet the Republicans gained ground. What was different this time?

Mitt Romney, the Nominee of Suck
No doubt, Gov. Mitt Romney is probably getting most of the blame and he deserves much of it. That being said, the reasons Romney failed to beat a failed president go well beyond Romney or his campaign. Maybe, Romney is a good place to start though.

Rather than make a choice that would be a champion of the limited government issues Republicans claim to care about (like say Gary Johnson or Ron Paul), the GOP decided they would go with Mitt Romney. Never mind that he authored the forerunner to ObamaCare (RomneyCare) or that he was a political chameleon (does anyone seriously think he made a principled change, as opposed to a political calculation, on abortion when it was time to run in 2008?). No, Romney was “electable” and by gosh, it was “his turn.”

Much of the destructive foreign policy of the Obama administration was right in line with what Romney said he would do. Romney had no problem with the NDAA, Guantanamo Bay, the secret kill list, or renewing the Patriot Act, therefore; these areas which were ripe for criticism were off the table. Other than the question of defense spending, they seemed to both have identical policies concerning Iran acquiring a nuclear weapon and both pledged they would “stand with Israel”…whatever that means. In the foreign policy debate, the moderator handed Romney a golden opportunity to go after Obama on the recent terror attacks but decided not to do so. On another occasion, Romney did casually bring up Fast and Furious in response to a question about gun control but didn’t ask Obama some of the hard hitting questions many Americans were dying for Romney to ask.

On domestic issues, Romney allowed his opponents to define him as an out of touch millionaire who didn’t care about the 47% of the people he determined wouldn’t support him. Romney did a very poor job of defending free market capitalism* in general and his record both as governor and as a businessman in particular. When asked about the alleged gender pay gap in one of the debates, rather than explaining that the statistic doesn’t actually compare women and men of comparable occupation or work experience he said he asked for “binders full of women” from which he picked to be in senior positions when he was governor of Massachusetts. The Democrats took that line and demagogued** the hell out of it and made it part of their “war on women” mantra. If Romney didn’t want to go through the trouble of explaining why the gender pay gap is a myth, he could have respectfully asked Obama why the women on his staff and why female staffers for Democrats in the Senate are paid far less than their male counterparts. Another hanging curveball that Romney didn’t even take a swing at.

The Romney campaign was ultimately a campaign of missed opportunities; a campaign in which the candidate failed to make the case that he would be a better alternative to the incumbent. When asked how his “numbers would add up” concerning his economic policy, his answer was basically “trust me, the numbers add up.” Barack Obama could get by with his slogans and his platitudes as MSM dutifully filled in the details. But to run against an incumbent who the MSM clearly supported, the challenger apparently made the mistake that the MSM would do the same on his behalf. When you are running against an incumbent and the MSM, you better understand that you have to explain your positions yourself (particularly in the debates) rather than hope others will carry your message for you.

*Though really, I’m not sure how much Mitt Romney really believes in free market capitalism given his desire to start a trade war with China.
** Frankly, I never quite understood what their criticism was in this instance. Was it just that “binders full of women” sounds funny?

Part 2

Supreme Court Upholds Affordable Care Act

As Quincy notes below, the Supreme Court upheld the Constitutionality of the Affordable Care Act today by relying upon an argument that most people had not been paying attention to:

WASHINGTON — The Supreme Court on Thursday left standing the basic provisions of the health care overhaul, ruling that the government may use its taxation powers to push people to buy health insurance.

The narrowly delineated decision was a victory for President Obama and Congressional Democrats, with a 5-to-4 majority, including the conservative chief justice, John G. Roberts Jr., affirming the central legislative pillar of Mr. Obama’s presidency.

Chief Justice Roberts, the author of the majority opinion, surprised observers by joining the court’s four more liberal members in the key finding and becoming the swing vote. Justices Anthony Kennedy, frequently the swing vote, joined three more conservative members in a dissent and read a statement in court that the minority viewed the law as “invalid in its entirety.”

The decision did significantly restrict one major portion of the law: the expansion of Medicaid, the government health-insurance program for low-income and sick people, giving states more flexibility.

The case is seen as the most significant before the court since Bush v. Gore ruling, which decided the 2000 presidential election.

In addition to its political reverberations, the decision allows sweeping policy changes affecting one of the largest and fastest-growing sectors of the economy, touching nearly everyone from the cradle to the grave.

The political fight over health care remains far from over, with Republicans campaigning on a promise to repeal the law, which they see as an unaffordable infringement on the rights of individuals. The presumptive Republican presidential nominee, Mitt Romney, has promised to undo it if elected.

Chief Justice Roberts wrote that the decision offers no endorsement of the law’s wisdom, and that letting it survive reflects “a general reticence to invalidate the acts of the nation’s elected leaders.”

“It is not our job to protect the people from the consequences of their political choices,” he wrote.

The court’s ruling is a crucial milestone for the law, allowing almost all of its far-reaching changes to roll forward. Several of its notable provisions have already taken hold in the past two years, and more are imminent. Ultimately, it is intended to end the United States’ status as the only rich country with large numbers of uninsured people, by expanding both the private market and Medicaid.

The key provision that 26 states opposing the law had challenged – popularly known as the individual mandate – requires virtually all citizens to buy health insurance meeting minimum federal standards, or to pay a penalty if they refuse.

Many conservatives considered the mandate unconstitutional under the commerce clause, arguing that if the federal government could compel people to buy health insurance, it could compel them to buy almost anything — even broccoli, the archetypal example debated during the oral arguments three months ago.

In a complex decision, the court found that Congress’ powers to regulate commerce did not justify the mandate. But it reasoned that the penalty, to be collected by the Internal Revenue Service starting in 2015, is a tax and is not unconstitutional.

Chief Justice Roberts, in the majority, said that the mandate was unconstitutional under the Constitution’s commerce clause. But that did not matter if the penalty that enforces it was constitutional on other grounds.

The court’s four liberals made it clear that they disagreed with the Chief Justice’s view of the commerce clause, but joined him because the effect of his ruling was to let the law stand.

The Obama administration had said in court in 2010 that the mandate could be upheld under the taxation powers, which they called even more sweeping than the federal power to regulate interstate commerce.

The outcome, I think, is striking many people as a surprise for two reasons.

First of all, if there was any Justice on the Court who seemed likely to be the fifth vote along with the Court’s four liberal members to uphold the ACA, it would be Justice Kennedy. Indeed, after the end of three days of oral argument in March it had seemed as though Roberts was largely in line with Justices Scalia and Alito (and Thomas) in being skeptical of the mandate’s Constitutionality while Justice Kennedy was the one who seemed to be trying to find way to uphold the mandate. One thing this teaches us is that most predictions you hear about the Supreme Court are usually just wild guesses, and that you can’t always determine how a case is going to turn out based on the oral arguments. In the end, rather than Kennedy being the deciding vote in this case, it was Chief Justice Roberts who sided with the Justices Ginsburg, Breyer, Sotomayor, and Kagan to uphold the signature domestic legislation of a Democratic President who has, in the past been critical of many of the Court’s rulings under Roberts.

The second reason this is a surprise is the fact that it was the tax argument that ended up being the basis upon which the law was upheld. For the past two years, nearly all the discussion about the legal merits of the ACA have centered around the question of whether it could stand as a proper application of Congress’s power under the Interstate Commerce Clause. There was a side argument being advanced on behalf of the government in the ensuing litigation that argued that the mandate could also be upheld under the taxing power, but it generally didn’t get much attention from the media or those who were actively engaged in the fight against the law. More importantly, none of the Federal Courts that heard the challenges to the law before it got to the Supreme Court adopted the tax argument as a reason for sustaining the law. Some of those Courts explicitly rejected the argument, while others simply stated that they did not need to rule on the arguments because they found the mandate constitutional under the Commerce Clause. Additionally, at the Supreme Court arguments in March, the lawyers and Justices spent far more time talking about the Commerce Clause arguments than the tax argument. To a large degree, that argument had been filed away and largely forgotten. But, as we see today, not completely forgotten.

It was Law Professor Jack Balkin who first advanced the  argument that the mandate was Constitutional precisely because it was a tax:

he individual mandate, which amends the Internal Revenue Code, is not actually a mandate at all. It is a tax. It gives people a choice: they can buy health insurance or they can pay a tax roughly equal to the cost of health insurance, which is used to subsidize the government’s health care program and families who wish to purchase health insurance.

(…)

The Constitution gives Congress the power to tax and spend money for the general welfare. This tax promotes the general welfare because it makes health care more widely available and affordable. Under existing law, therefore, the tax is clearly constitutional.

The mandate is also not a “direct” tax which must be apportioned among the states by population. Direct taxes are taxes on land or “head” taxes on the general population. The individual mandate does not tax land. It is not assessed on the population generally but only on people who don’t buy insurance and aren’t otherwise exempt. It is a tax on behavior, like a tax on businesses that don’t install anti-pollution equipment.

Many important and popular government programs are based Congress’s ability to give incentives through taxation and redistribute tax revenues for public purposes. To strike down the individual mandate the Supreme Court would have to undermine many years of precedents justifying these programs that stretch back to the New Deal (and in the case of the rules for direct taxes, to the very founding of the country).

Many dismissed Balkin’s argument but it was clear even when he wrote that back in March 2010, shortly after the law had been passed by Congress, that if the Court accepted it then the entire argument against the mandate specifically and the law in general would crumble into dust. And, that is exactly what has happened today.

We’ll be spending much time arguing the political ramifications of this decision, but it’s fair to see that this is now what most people were expecting. For the past two weeks or so, and indeed ever since the arguments in March, the left has seemingly been preparing itself for the likelihood that they would lose the mandate, if not the entire law. I didn’t see very much of this on the right, but now they’ll have to deal with the fact that they legal arguments they had been rallying around for two years have been rejected, and that if the ACA is going to be repealed it will have to be done by Congress. Given the fact that it’s very unlikely that Republicans will get 60 votes in the Senate any time soon, it strikes me that this is quite unlikely to happen.

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