Divineless Intervention: Gov Rick Perry’s Unanswered Prayers
A few months ago, with Texas aflame from more than 8,000 wildfires brought on by extreme drought, a man who hopes to be the next president took pen in hand and went to work:
“Now, therefore, I, Rick Perry, Governor of Texas, under the authority vested in me by the Constitution and Statutes of the State of Texas, do hereby proclaim the three-day period from Friday, April 22, 2011, to Sunday, April 24, 2011, as Days of Prayer for Rain in the State of Texas.”
Then the governor prayed, publicly and often. Alas, a rainless spring was followed by a rainless summer. July was the hottest month in recorded Texas history. Day after pitiless day, from Amarillo to Laredo, from Toadsuck to Twitty, folks were greeted by a hot, white bowl overhead, triple-digit temperatures, and a slow death on the land.
In the four months since Perry’s request for divine intervention, his state has taken a dramatic turn for the worse. Nearly all of Texas is now in “extreme or exceptional” drought, as classified by federal meteorologists, the worst in Texas history.
Lakes have disappeared. Creeks are phantoms, the caked bottoms littered with rotting, dead fish. Farmers cannot coax a kernel of grain from ground that looks like the skin of an aging elephant.
Is this Rick Perry’s fault, a slap to a man who doesn’t believe that humans can alter the earth’s climate — God messin’ with Texas? No, of course not. God is too busy with the upcoming Cowboys football season and solving the problems that Tony Romo has reading a blitz.
But Perry’s tendency to use prayer as public policy demonstrates, in the midst of a truly painful, wide-ranging and potentially catastrophic crisis in the nation’s second most-populous state, how he would govern if he became president.
“I think it’s time for us to just hand it over to God, and say, ‘God: You’re going to have to fix this,’” he said in a speech in May, explaining how some of the nation’s most serious problems could be solved.
That was a warm-up of sorts for his prayer-fest, 30,000 evangelicals in Houston’s Reliant Stadium on Saturday. From this gathering came a very specific prayer for economic recovery. On the following Monday, the first day God could do anything about it, Wall Street suffered its worst one-day collapse since the 2008 crisis. The Dow sunk by 635 points.
Prayer can be meditative, healing, and humbling. It can also be magical thinking. Given how Perry has said he would govern by outsourcing to the supernatural, it’s worth asking if God is ignoring him.
Though Perry will not officially announce his candidacy until Saturday, he loomed large over the Republican debate Thursday night. With their denial of climate change, basic budget math, and the indisputable fact that most of the nation’s gains have gone overwhelmingly to a wealthy few in the last decade, the candidates form a Crazy Eight caucus. You could power a hay ride on their nutty ideas.
After the worst week of his presidency (and the weakest Oval Office speech since Gerald Ford unveiled buttons to whip inflation), the best thing Barack Obama has going for him is this Republican field. He still beats all of them in most polling match-ups.
Perry is supposed to be the savior. When he joins the campaign in the next few days, expect him to show off his boots; they are emblazoned with the slogan dating to the 1835 Texas Revolution: “Come and Take It.” He once explained the logo this way: “Come and take it — that’s what it’s all about.” This is not a man one would expect to show humility in prayer.
Perry revels in a muscular brand of ignorance (Rush Limbaugh is a personal hero), one that extends to the ever-fascinating history of the Lone Star State. Twice in the last two years he’s broached the subject of Texas seceding from the union.
“When we came into the nation in 1845 we were a republic, we were a stand-alone nation,” says Perry in a 2009 video that has just surfaced. “And one of the deals was, we can leave any time we want. So we’re kind of thinking about that again.”
He can dream all he wants about the good old days when Texas left the nation to fight for the slave-holding states of the breakaway confederacy. But the law will not get him there. There is no such language in the Texas or United States’ constitutions allowing Texas to unilaterally “leave any time we want.”
But Texas is special. By many measures, it is the nation’s most polluted state. Dirty air and water do not seem to bother Perry. He is, however, extremely perturbed by the Environmental Protection Agency’s enforcement of laws designed to clean the world around him. In a recent interview, he wished for the president to pray away the E.P.A.
To Jews, Muslims, non-believers and even many Christians, the Biblical bully that is Rick Perry must sound downright menacing, particularly when he gets into religious absolutism. “As a nation, we must call upon Jesus to guide us through unprecedented struggles,” he said last week.
As a lone citizen, he’s free to advocate Jesus-driven public policy imperatives. But coming from someone who wants to govern this great mess of a country with all its beliefs, Perry’s language is an insult to the founding principles of the republic. Substitute Allah or a Hindu God for Jesus and see how that polls.
Perry is from Paint Creek, an unincorporated hamlet in the infinity of the northwest Texas plains. I’ve been there. In wet years, it’s pretty, the birds clacking on Lake Stamford, the cotton high. This year, it’s another sad moonscape in the Lone Star State.
Over the last 15 years, taxpayers have shelled out $232 million in farm subsidies to Haskell County, which includes Paint Creek — a handout to more than 2,500 recipients, better than one out every three residents. God may not always be reliable, but in Perry’s home county, the federal government certainly is.
By: Timothy Egan, The New York Times Opinion Pages, August 11, 2011
“Enumerated Powers” And The Radicalism of The GOP Thought Process
Republican presidential hopeful Rick Perry chatted with The Daily Beast yesterday, and was asked about his understanding of “general welfare” under the Constitution. The left, the Texas governor was told, would defend Social Security and Medicare as constitutional under this clause, and asked Perry to explain his own approach. He replied:
“I don’t think our founding fathers, when they were putting the term ‘general welfare’ in there, were thinking about a federally operated program of pensions nor a federally operated program of health care. What they clearly said was that those were issues that the states need to address. Not the federal government. I stand very clear on that. From my perspective, the states could substantially better operate those programs if that’s what those states decided to do.”
It’s worth pausing to appreciate the radicalism of this position. When congressional Republicans, for example, push to end Medicare and replace it with a privatized voucher scheme, they make a fiscal argument — the GOP prefers to push the costs away from the government and onto individuals and families as a way of reducing the deficit.
But Perry is arguing programs like Medicare and Social Security aren’t just too expensive; he’s also saying they shouldn’t exist in the first place because he perceives them as unconstitutional. Indeed, when pressed on what “general welfare” might include if Medicare and Social Security don’t make the cut, the Texas governor literally didn’t say a word.
Now, this far-right extremism may not come as too big a surprise to those familiar with Perry’s worldview. He’s rather obsessed with the 10th Amendment — unless we’re talking about gays or abortion — and George Will recently touted him as a “10th Amendment conservative.” Perry’s radicalism is largely expected.
It’s worth noting, then, that Mitt Romney seems to be in a similar boat. He was asked in last night’s debate about his hard-to-describe approach to health care policy, and the extent to which his state-based law served as a model for the Affordable Care Act. Romney argued:
“There are some similarities between what we did in Massachusetts and what President Obama did, but there are some big differences. And one is, I believe in the 10th Amendment of the Constitution. And that says that powers not specifically granted to the federal government are reserved by the states and the people.”
What I’d really like to know is whether Romney means this, and if so, how much. Because if he’s serious about this interpretation of the law, and he intends to govern under the assumption that powers not specifically granted to the federal government are reserved by the states and the people, then a Romney administration would be every bit as radical as a Perry administration.
After all, the power to extend health care coverage to seniors obviously isn’t a power specifically granted to the federal government, so by Romney’s reasoning, like Perry’s, Medicare shouldn’t exist. Neither should Social Security, the Civil Rights Act, the Clean Air Act, student loans, FEMA, or many other benchmarks of modern American life.
And if Romney doesn’t believe this, and he’s comfortable with Medicare’s constitutionality, maybe he could explain why the federal government has the constitutional authority to bring health care coverage to a 65-year-old American, but not a 64-year-old American.
By: Steve Benen, Contributing Writer, Washington Monthly-Political Animal, August 12, 2011
The 11th Circuit’s Affordable Care Act Decision Cannot Be Squared With The Constitution
The key passage in today’s opinion striking down part of the Affordable Care Act appears on page 113, where the two judge majority explains how they will determine whether this law is constitutional:
In answering whether the federal government may exercise this asserted power to issue a mandate for Americans to purchase health insurance from private companies, we next examine a number of issues: (1) the unprecedented nature of the individual mandate; (2) whether Congress’s exercise of its commerce authority affords sufficient and meaningful limiting principles; and (3) the far-reaching implications for our federalist structure.
This is one way to evaluate whether a law is constitutional, but a better way is to ask whether the law can be squared with text of the Constitution. The Constitution provides that Congress may “regulate Commerce…among the several states,” and the very first Supreme Court decision interpreting this language made clear that this power is “plenary,” meaning that Congress may choose whatever means it wishes to regulate interstate marketplaces such as the national health care market, so long as it does not violate another textual provision of the Constitution.
A law requiring most Americans to either carry insurance or pay slightly more taxes clearly regulates the national market for health care. It determines how people will finance health care purchases. It lowers the cost of health insurance. And it protects that market from something known as an “adverse selection death spiral.” So that should have been the end of the case. The Court cites no provision of the Constitution limiting Congress’ authority to pass this law because no such provision exists.
Instead, it imposes two extra-textual limits on national leaders’ ability to solve national problems. If the law is somehow “unprecedented,” and if a decision upholding the law lacks vague and undetermined “meaningful limit[s]” on Congress’ authority that somehow upset the balance between federal and state power, then the law must be struck down even if the Constitution’s text says otherwise.
Yet even if these two novel limits are taken seriously, the court’s analysis still makes no sense. For one thing, the law is only “unprecedented” in the sense that it preferred a market-driven solution to the problem of widespread uninsurance over more government driven solutions such as Medicare. The truth is that Congress already requires nearly all Americans to purchase health insurance — and they have done so for many years. Every year the federal government collects taxes which are in no way optional. A portion of these taxes are then spent to buy health insurance for the elderly (Medicare) for the poor (Medicaid) and for children (SCHIP).
So the only real question in this case is whether the government is required to first take your money and then buy health coverage for you, or whether the Constitution allows Congress to cut out the middle man.
The Court is also simply wrong to claim that a decision upholding the ACA would necessarily mean that there are no limits on federal power. The Constitution does not simply allow Congress to regulate commercial markets. It establishes that, in Justice Scalia’s words, “where Congress has the authority to enact a regulation of interstate commerce, it possesses every power needed to make that regulation effective.”
Scalia’s rule is important because the ACA doesn’t just require people to carry insurance, it also eliminates one of the insurance industry’s most abusive practices — denying coverage to patients with pre-existing conditions. This ban cannot function if patients are free to enter and exit the insurance market at will. If patients can wait until they get sick to buy insurance, they will drain all the money out of an insurance plan that they have not previously paid into, leaving nothing left for the rest of the plan’s consumers.
Because the ACA’s regulation of the national insurance market cannot function without a requirement that nearly every American carry insurance. this requirement is clearly constitutional under Justice Scalia’s statement that Congress possess “every power needed” to make it’s economic regulations effective. Moreover, upholding the Affordable Care Act under Justice Scalia’s rule would require a court to do nothing more than hold that the Affordable Care Act is constitutional. There is no federal law which depends upon mandatory broccoli purchases, for example, in order to function properly in the same way that the ACA’s preexisting conditions provision can only function properly in the presence of an insurance coverage requirement. Accordingly, the court’s concern that upholding the law would destroy any limits on federal power is unwarranted.
As a final note, it is likely that conservatives will tout the fact that Judge Hull was appointed by President Clinton in the same way that progressives touted Bush-appointed Judge Sutton’s decision rejecting an ACA challenge. The two judges are not comparable, however. Judge Sutton is a former Scalia clerk who stood on the vanguard of the conservative legal movement for many years. Judge Hull, by contrast, is a compromise nominee Clinton selected in order to overcome obstruction from the Republican-controlled Senate.
Hull has a long record of conservative criminal and individual rights decisions. We now know that she is also very far to the right questions of federal power. That is unfortunate, but it also places her well to the right of some of the Supreme Court’s most conservative members.
By: Ian Millhiser, U. S. News and World Report, August 12, 2011
Are You Smarter Than A Fifth Grader?: Bert and Ernie Getting Married Is a Dumb, Destructive Idea
Some people see politics everywhere, even where they don’t belong.
Case in point a Chicago-area man who, according to Washington, D.C. radio station WMAL, has started an online petition at a website called Change.org seeking to pressure the people behind the landmark children’s program Sesame Street to “let Ernie & Bert get married.”
As a child—and as a parent—I watched a lot of Sesame Street. I’m a big fan of Bert & Ernie and their antics. I can still sing most of the lyrics to “Rubber Duckie” and “Doin’ the Pigeon” from memory. They are funny, engaging characters who demonstrate to children that people—no matter how different they might be in temperament, likes, dislikes and personalities—can still be the best of friends. But they are also, as apparently has been lost on some people, Muppets—a combination marionette and foam rubber puppet invented decades ago—by the legendary Jim Henson and his wife Jane. Muppets are not people, and while they are in many cases gender specific they, as the Sesame Workshop felt compelled to point out Thursday, “Do not have a sexual orientation.” Nonetheless someone out there thinks they would be useful to further a point about sexual identity.
It’s an idea that’s foolish, and moreover, culturally destructive because, if enacted, it would further the end of childhood innocence in America. Children are already bombarded, in and out of school, with messages and meanings that, in my judgment, are far too sophisticated for them to comprehend. Instead, they just confuse and, in some cases, scare them—as was the case when, as the Boston Globe reported back in 2009, “an anxious, depressed 17-year-old boy was admitted to the psychiatric unit at the Royal Children’s Hospital in Melbourne.”
“He was refusing to drink water. Worried about drought related to climate change, the young man was convinced that if he drank, millions of people would die. The Australian doctors wrote the case up as the first known instance of climate change delusion,'” the paper reported.
A 17-year-old man is far more mature than the average viewer of Sesame Street. We have an obligation to protect innocents and innocence and, in a sense, childhood itself. Children are treasures, precious gems that are our future and should be treated as such, not as targets for indoctrination.
By: Peter Roff, U. S. News and World Report, August 12, 2011
Gov Rick Perry’s Abysmal Record On Women’s Health
If you’re a woman from Texas—or indeed, any woman—there’s a lot to dislike about Gov. Rick Perry.
The vanity. The boorishness. The belief you’re too stupid to make your own medical decisions. The weird resemblance to Animal House’s Niedermeyer in his college photo.
Perry reminds me of the scene in Thelma and Louise in which Thelma (Geena Davis) says of her n’er-do-well husband, “He kind of prides himself on being infantile.” Louise (Susan Sarandon) responds, “He’s got a lot to be proud of.”
So as we all prepare for the media barrage surrounding Perry’s presidential announcement on Saturday, and in tradition of my idol Molly Ivins, I’m going to start a new group, Texas Women Enraged by Rick Perry—TWERP for short.
As TWERP’s organizer, I feel obliged to point out that on a practical level, Rick Perry has made it pretty lousy for women in Texas, especially for women at the bottom of the economic ladder. He’s also made it pretty lousy for anybody who doesn’t look like him. As Eileen Smith wrote in the Texas Observer, “In just one session, Republicans managed to screw children, women, gays, immigrants, teachers, the elderly, Hispanics, the unemployed and the uninsured. The only people who got off easy were white guys. Can’t imagine why.”
The numbers tell the tale. Texas is dead last in the number of non-elderly women without health insurance, and 6th nationally in the percentage of women in poverty, according to the Texas Legislative Study Group. One in five Texas children lack health insurance, the highest rate in the nation. And if that weren’t bad enough, Perry tried to opt out of Medicaid, which provides healthcare to the most vulnerable Texas populations, including pregnant women and children.
When it comes to reproductive healthcare, the state budget guts family planning, leaving 284,000 Texas women without birth control or access to basic reproductive healthcare. This will also likely increase the abortion rate, sonograms or no sonograms. And of course there’s the standard right wing assault on Planned Parenthood. Women needing prenatal care fare no better.
As reported in the Texas Tribune, “Texas has the worst rate of pregnant women receiving prenatal care in the first trimester, according to the report commissioned by the Legislative Study Group…And though Texas has the highest percent of its population without health insurance, the state is 49th in per capita spending on Medicaid, and dead last in per capita spending on mental health, according to the report.”
So if you’re a working class Texas woman, Rick Perry doesn’t want you to have access to birth control or reproductive healthcare to prevent unintended pregnancy, but once you’re pregnant the state mandates a sonogram and a lecture to convince you of the error of your ways. After that sonogram and lecture, if you need prenatal care, you’re SOL. And once the baby is born, Texas is 47th in monthly benefit payments under the Women, Infants, & Children program, which provides nutrition assistance.
This is Rick Perry’s vision for women in the United States. Limited healthcare, little birth control, low income women and kids left to fend for themselves, a bunch of bureaucrats telling you what to do—and the very real human suffering that goes along with it. TWERP might be an understatement.
By: Laura Chapin, U. S. News and World Report, August 11, 2011
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