Last July, Major League Baseball blew an opportunity to make a difference. With 28 players who were either Hispanic or of Hispanic descent participating in the league’s annual All-Star Game in Phoenix, Arizona, and the eyes of the sports world watching, nary a one spoke out against the radical anti-immigration law Arizona had passed a year before, even though it could have directly affected the players and will directly affect many of their fans. “I ain’t Jackie Robinson,” David Ortiz, one of baseball’s biggest characters, said.
Over the next 10 days, the National Football League will have a similar chance to make a difference.
Just two weeks before Super Bowl XLVI kicks off at Lucas Oil Field in Indianapolis, more than 10,000 people marched through the city to protest right-to-work legislation that is being pushed through the state’s legislature. The legislation passed the state Senate this week and the state House today, and is backed by Gov. Mitch Daniels (R). Considering the NFL nearly lost its 2011 season, and Super Bowl XLVI with it, to a labor dispute, Indiana Republicans’ assault on workers is a cause the players should be familiar with.
Fortunately, there are signs that the NFL players aren’t going to repeat Major League Baseball’s mistake. Several players have spoken out against the legislation, and NFL Players Association President DeMaurice Smith said his organization is already taking action. “We’ve been on picket lines in Indianapolis already with hotel workers who were basically pushed to the point of breaking on the hotel rooms that they had to clean because they were not union workers,” Smith told the Nation. “We’ve been on picket lines in Boston and San Antonio. So, the idea of participating in a legal protest is something that we’ve done before.”
That’s a good first step. But it’s not enough. Indiana union officials are contemplating disrupting Super Bowl-related events to draw attention to their cause, clogging city streets and slowing down events around Lucas Oil Stadium (which was built and is maintained by union workers). Labor leaders are hesitant, though, fearing that such actions could give the city and their cause “a black eye” with people who think sports and politics don’t mix. If some of the league’s top players, particularly those participating in the Super Bowl, spoke in support of those efforts, however, that perception could change.
New England Patriots quarterback Tom Brady, one of the NFL’s most recognizable players, felt strongly enough about his own rights that he signed on as a plaintiff in the players’ antitrust lawsuit against the league last year. So did Logan Mankins, Brady’s teammate, and Osi Umenyiora, a prominent defensive end for the New York Giants. Those players were willing to risk backlash from the league, public scrutiny, and their own images to fight league owners for better benefits and wages. In the week leading up to the Super Bowl, they should do the same for workers who don’t have the luxury of multimillion-dollar contracts, rich endorsement deals, and the good fortune of playing a game for a living.
Sure, with Super Bowl week ahead of them, political causes may be the furthest thing from the minds of most players. But with thousands of reporters conducting hundreds of interviews before, during, and after the big game, the players will have the chance to stand up for the rights of people they should be fighting for. Unlike their counterparts in baseball, they shouldn’t blow it.
By: Travis Waldron, Think Progress, January 25, 2012
January 26, 2012
Posted by raemd95 |
Labor, Unions | GOP, Indiana, Mitch Daniels, MLB, NFL, Republicans, Super Bowl, Workers |
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Memo to Alabama: George W. Bush was right.
The former president, making a too-late push for what could have been a game-changing, bipartisan immigration reform law, noted that immigrants now here illegally make an important contribution to the economy. They do the jobs Americans can’t or won’t do.
Opponents disagreed, arguing that the undocumented workers were stealing jobs that should go to Americans—jobs like picking fruit for low wages in the hot sun. That was a questionable claim when the economy was better, but as Alabama farmers are now learning, Bush’s statement is correct even now, when Americans are working for far less pay in jobs for which they are way over-qualified, just to have a job.
In June Alabama passed a draconian immigration law—most of which is still in place, even while courts decide its constitutionality—that has driven many immigrants from the state. The result has not been a wave of grateful unemployed teachers and skilled workers, eager to be underpaid for difficult manual labor. Instead, at the San Francisco Chronicle reports:
The agriculture industry suffered the most immediate impact. Farmers said they will have to downsize or let crops die in the fields. As the season’s harvest winds down, many are worried about next year.
In south Georgia, Connie Horner has heard just about every reason unemployed Americans don’t want to work on her blueberry farm. It’s hot, the hours are long, the pay isn’t enough, and it’s just plain hard.
“You can’t find legal workers,” Horner said. “Basically, they last a day or two, literally.”
There are a number of lessons here. One is that there are surely elected officials and people in the business community who are using the recession to roll back all kinds of hard-fought rights for workers, cutting pay, eliminating job security, and drastically reducing or zeroing out benefits. Another is that while Americans don’t want to do farm work for low wages, they also don’t want to pay higher prices for food harvested by workers paid a decent salary. That’s not an argument for abusing undocumented workers, but it’s also not an argument for scaring foreigners out of the state so locals can have their bad jobs.
What’s remarkable is that some of the same people who scream about illegal immigrants taking American jobs here in the United States are quieter when it comes to foreigners abroad taking what could be American jobs here. Outsourcing of manufacturing jobs increases corporate profits, but adds to the unemployment rate domestically. Those are jobs American will do. If that anti-immigrant worker crowd is genuinely concerned about retaining U.S. jobs, they should focus on bringing back the outsourced jobs—not evacuating the foreign workers.
By: Susan Milligan, U. S. News and World Report, October 24, 2011
October 25, 2011
Posted by raemd95 |
Businesses, Class Warfare, Corporations, Economic Recovery, GOP, Government, Labor, Lawmakers, Middle Class, Republicans, Right Wing, Unemployment | Alabama, George W. Bush, Illegal immigration, Immigration, Job Outsourcing, Jobs, Politics, Unemployed, Unemployment, Workers Rights |
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Over the weekend, the White House leaked word that President Obama will push a new debt-reduction idea: the “Buffett Rule.” Named after Warren Buffett, the chairman and chief executive of Berkshire Hathaway, who’s been urging policymakers to raise taxes on the very wealthy. As Buffett recently explained, millionaires and billionaires “have been coddled long enough.”
We don’t yet know the details of the proposal — most notably, what the new millionaires’ minimum tax rate would be — but Republicans are already responding with predictable disgust.
Here, for example, was House Budget Committee Chairman Paul Ryan (R-Wis.) yesterday on Fox News, making the case for coddling millionaires and billionaires for a while longer. See if you can pick up on the subtlety of his talking points.
“Class warfare, Chris, may make for really good politics but it makes a rotten economics. We don’t need a system that seeks to divide people. […]
“[I]t looks like the president wants to move down the class warfare path. Class warfare will simply divide this country more. It will attack job creators, divide people and it doesn’t grow the economy. […]
“[I]f we are just going to do class warfare and trying to get tax increases out of this, and I don’t think much will come of it…. He’s in a political class warfare mode and campaign mode.”
So, I guess I’ll put him down as a “maybe” on the Buffett Rule?
By any reasonable measure, Ryan’s arguments aren’t just wrong, they’re borderline offensive.
For a generation, Republican policymakers have rigged national tax policy to reward the wealthy, and then reward them some more. We’ve seen the class gap reach Gilded Era levels, only to hear GOP officials again demand that working families “sacrifice” while lavishing more breaks on the very wealthy.
Remind me, who’s engaged in “class warfare” and “dividing people”?
Also note the larger policy context here. President Obama wants the richest of the rich to pay a little more, but keep tax breaks in place for the middle class. Paul Ryan and his cohorts want the polar opposite — more breaks for the very wealthy and higher taxes for the middle class.
Let’s also not forget that one of the GOP’s more common tax-policy arguments is that nearly half the country doesn’t have any federal income tax burden — and they see that as a problem that needs fixing. As a practical matter, the Republican argument on this is practically the definition of “class warfare.”
I realize much of the political establishment has come to look at Paul Ryan as a wise wonk who deserves to be taken seriously, but it really doesn’t take much to realize how spectacularly wrong the far-right Wisconsinite really is.
By: Steve Benen, Washington Monthly Political Animal, September 19, 2011
September 20, 2011
Posted by raemd95 |
Class Warfare, Conservatives, Corporations, Democracy, Economic Recovery, Economy, Elections, GOP, Government, Ideologues, Ideology, Income Gap, Jobs, Labor, Middle Class, Politics, Populism, President Obama, Public, Public Opinion, Republicans, Right Wing, Tax Increases, Tax Loopholes, Taxes, Teaparty, Unemployed, Wealthy | Buffett Rule, Families, Fox News, Job Creation, Rep Paul Ryan, Tax Policy, Tax Rates, Workers |
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In the Tea Party’s America, families must mortgage their home to pay for their mother’s end-of-life care. Higher education is a luxury reserved almost exclusively to the very rich. Rotten meat ships to supermarkets nationwide without a national agency to inspect it. Fathers compete with their adolescent children for sub-minimum wage jobs. And our national leaders are utterly powerless to do a thing.
At least, that’s what would happen if the Tea Party succeeds in its effort to reimagine the Constitution as an antigovernment manifesto. While the House of Representatives pushes Rep. Paul Ryan’s (R-WI) plan to phase out Medicare, numerous members of Congress, a least one Supreme Court justice, and the governor of America’s second-largest state now proudly declare that most of the progress of the last century violates the Constitution.
It is difficult to count how many essential laws would simply cease to exist if the Tea Party won its battle to reshape our founding document, but a short list includes:
- Social Security and Medicare
- Medicaid, children’s health insurance, and other health care programs
- All federal education programs
- All federal antipoverty programs
- Federal disaster relief
- Federal food safety inspections and other food safety programs
- Child labor laws, the minimum wage, overtime, and other labor protections
- Federal civil rights laws
Indeed, as this paper explains, many state lawmakers even embrace a discredited constitutional doctrine that threatens the union itself.
What’s at stake
The Tea Party imagines a constitution focused entirely upon the Tenth Amendment, which provides that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”—which is why their narrow vision of the nation’s power is often referred to as “tentherism.” In layman’s terms, the Tenth Amendment is simply a reminder that the Constitution contains an itemized list of federal powers—such as the power to regulate interstate commerce or establish post offices or make war on foreign nations—and anything not contained in that list is beyond Congress’s authority.
The Tea Party, however, believes these powers must be read too narrowly to permit much of the progress of the last century. This issue brief examines just some of the essential programs that leading Tea Partiers would declare unconstitutional.
Social Security and Medicare
The Constitution gives Congress the power “to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States,” thus empowering the federal government to levy taxes and leverage these revenues for programs such as Social Security and Medicare. A disturbingly large number of elected officials, however, insist that these words don’t actually mean what they say.
In a speech to the conservative American Legislative Exchange Council, Texas Gov. Rick Perry listed a broad swath of programs that “contradict the principles of limited, constitutional government that our founders established to protect us.” Gov. Perry’s list includes Medicare and “a bankrupt social security system, that Americans understand is essentially a Ponzi scheme on a scale that makes Bernie Madoff look like an amateur.” And Perry is hardly the only high-ranking elected official to share this view.
Sen. Mike Lee (R-UT) mocked President Franklin Delano Roosevelt for calling upon the federal government to provide “a decent retirement plan” and “health care” because “the Constitution doesn’t give Congress any of those powers.” Rep. Bob Goodlatte (R-VA), who engineered the House of Representatives’s dramatic reading of the Constitution earlier this year, claimed that Medicare and Social Security are “not in the Constitution” and are only allowed to exist because “the courts have stretched the Constitution to say it’s in the general welfare clause.” Sen. Tom Coburn (R-OK) said we should eliminate Medicare because “that’s a family responsibility, not a government responsibility.”
Because this erroneous view of our founding document is rooted in an exaggerated view of the Tenth Amendment’s states rights’ provision, many so-called tenthers claim that eliminating Social Security and Medicare wouldn’t necessarily mean kicking millions of seniors out into the cold because state governments could enact their own retirement programs to pick up the slack. This proposal, however, ignores basic economics.
Under our current system, someone who begins their career in Ohio, moves to Virginia to accept a better job offer, and then retires in Florida pays the same federal taxes regardless of their residence. These taxes then fund programs such as Medicare and Social Security. If each state were responsible for setting up its own retirement system, however, the person described above would pay Ohio taxes while they worked in Ohio, Virginia taxes while they lived in Virginia, and would draw benefits from the state of Florida during their retirement. The state which benefited from their taxes would not be the same state that was required to fund their retirement, and the result would be an economic death spiral for states such as Florida that attract an unusually large number of retirees.
For this reason, tenther proposals to simply let the states take over Social Security and Medicare are nothing more than a backdoor way to eliminate these programs altogether. If the Tea Party gets its way, and our nation’s social safety net for seniors is declared unconstitutional, millions of seniors will lose their only income and their only means to pay for health care.
Medicaid, the State Children’s Health Insurance Program, and other health care programs
The Tea Party’s constitution has plenty of bad news for Americans below the retirement age as well. Rep. Virginia Foxx (R-NC), for example, recently claimed that any federal involvement in health care whatsoever is unconstitutional because “the words ‘health care’ are nowhere in the Constitution.”
Sen. Coburn lumped Medicaid in with Medicare when he claimed that providing for the frailest Americans is a “family responsibility,” and Gov. Perry includes Medicaid on his list of programs that “contradict[] the principles of limited, constitutional government.” Sen. Mike Lee’s (R-UT) claim that “the Constitution doesn’t give Congress” any authority over health care is a blanket statement encompassing all federal health programs.
If this vision were to be implemented, all federal health care programs would simply cease to exist and millions of Americans would lose their only access to health insurance.
Education
Education is also on the Tea Party’s chopping block. Rep. Scott Garrett (R-NJ) routinely grills education secretaries at congressional hearings, insisting that the Constitution does not authorize any federal involvement in education. Similarly, Rep. Foxx insists that “we should not be funding education” because she insists doing so violates the Tenth Amendment. And Sen. Coburn does not “even think [education] is a role for the federal government.”
In its strongest form, this position wouldn’t just eliminate federal assistance for state-run public schools. It would also eliminate programs enabling Americans to pay for their college education. Millions of students would lose their Pell Grants and federal student loans if the Tea Party’s full vision of the Constitution were implemented.
Some tenthers, however, offer a slightly less drastic position. It is commonplace for the federal government to grant money to the states if those states agree to comply with certain conditions. Federal law, for example, provides generous public education grants provided that states gather data on student achievement and comply with other such conditions. Many Tea Partiers argue that these conditions violate the Constitution. Thus, Rep. Blake Farenthold (R-TX), claims that the Constitution only permits the federal government to provide states with “block grants.”
The truth, however, is that the federal government has never told states how to educate their children—and it could not do so if it tried. Under a Supreme Court decision called Printz v. United States, federal laws ordering a state to take a specific action actually do violate the Tenth Amendment. So, the state of Texas is perfectly free to turn down federal grants if they do not like the conditions attached to them.
Moreover, it is not clear how federal grants of any kind can exist if Congress is not allowed to attach conditions to them. If Congress cannot constitutionally require states to spend grant money on standardized testing, for example, how can they require that it be spent on education and not on building a new wing for the governor’s mansion? Thus, even the slightly more moderate position advocated by people like Rep. Farenthold would likely eliminate the federal government’s ability to provide educational assistance to low-income students or otherwise help fund public schools.
Antipoverty programs, federal disaster relief, and other help for the less fortunate
Sen. Lee would go even further in cutting off assistance for low-income Americans. In an interview with a Utah radio host, Lee claimed that the framers intended all antipoverty programs to be dealt with exclusively at the state level. This would not only eliminate programs like income assistance and food stamps, it could threaten unemployment insurance, federal job training, and other programs intended to provide a bridge out of poverty.
In the same interview, Sen. Lee claimed that federal relief for hurricane, earthquake, tornado, and other disaster victims is “one of many areas where we ought to focus on getting that power back to the states,” a position that would kill the Federal Emergency Management Agency and prevent the nation as a whole from rallying to the support of a state whose financial resources are overwhelmed by a major natural disaster.
Food safety
Sen. Lee also claims that “the framers intended state lawmakers deal with” food safety in this same radio interview. This position would not simply endanger the residents of states with inadequate regulation of their food supply, it would also create costly and duplicative state inspection programs and impose logistical nightmares on food-importing states.
If a cow is raised in Texas, slaughtered in Oklahoma, and then sold as steaks in New York, which state is responsible for inspecting the meat? The likely answer is that all three states would have their own system of laws, tripling the regulatory compliance costs for the meat producer.
Moreover, if New York decides that Oklahoma’s inspections’ regime is inadequate, its only recourse would be to require meat producers to submit their products to a customs check at the border before it could be sold in that state. The result would be higher taxes for New Yorkers forced to pay for these customs stations, and higher costs for businesses forced to submit to inspections every time they brought food across a state border.
Child labor laws, the minimum wage, overtime, and other labor protections
Nearly 100 years ago, the Supreme Court declared federal child labor laws unconstitutional in a case called Hammer v. Dagenhart. Twenty-two years later, the Court recognized that Hammer’s holding was “novel when made and unsupported by any provision of the Constitution,” and unanimously overruled this erroneous decision.
Sen. Lee, however, believes that, while Hammer might “sound harsh,” the Constitution “was designed to be that way. It was designed to be a little bit harsh,” and thus we should return to the world where federal child labor laws are unconstitutional. Moreover, Lee has a very powerful ally prepared to sweep away nearly all national protections for American workers.
Under existing Supreme Court doctrine, Congress’s authority to “regulate commerce … among the several states” includes the power to regulate the roads and railways used to transport goods in interstate commerce, as well as the goods themselves and the vehicles that transport them. Additionally, Congress may regulate activities that “substantially affect interstate commerce.” This “substantial effects” power is the basis of Congress’s authority to make labor laws universal throughout all places of employment.
Yet Justice Clarence Thomas claimed in three separate cases—U.S. v. Lopez, U.S. v. Morrison, and Gonzales v. Raich—that this “substantial effects” test is “at odds with the constitutional design.” It is possible that Thomas’s vision would still allow some limited federal labor regulation—such as a law prohibiting children from becoming railway workers—but anything resembling the essential web of federal laws that protect American workers today would be impossible.
Civil rights laws
Shortly after he won his party’s nod to be a U.S. Senate candidate, Sen. Rand Paul (R-KY) revealed that he opposes the federal bans on whites-only lunch counters and race discrimination in employment. In a rambling interview with MSNBC’s Rachel Maddow, Paul explained that, while he believes that Congress may ban discrimination from “public institutions,” he does not support antidiscrimination laws that regulate private business.
As Sen. Paul suggested in that interview, these basic civil rights laws—like national laws banning child labor and establishing a minimum wage—can be snuffed out of existence if Congress’s power to enact commercial regulations is read too narrowly.
In 1964, the Supreme Court unanimously upheld the federal ban on whites-only lunch counters—once again relying on the “substantial effects” test to do so. For this reason, it is likely the Justice Thomas would strike down this and other federal laws protecting civil rights.
The union
Gov. Perry suffered well-deserved ridicule when he suggested in 2009 that Texas may secede from the union if “Washington continues to thumb their nose at the American people.” But Gov. Perry’s ill-considered remark is merely a distraction compared to a much larger movement to effectively secede from the union one law at a time.
Gov. Perry joins lawmakers from New Hampshire, Montana, Virginia, Idaho, Florida, and many other states in backing unconstitutional state laws purporting to “nullify” a federal law. Many state legislatures have passed, and a few governors have signed, laws claiming to nullify part of the Affordable Care Act, and Perry signed a law that partially nullifies federal light bulb standards.
Nullification is an unconstitutional doctrine claiming that states can prevent a federal law from operating within their borders. Although nullification conflicts directly with the text of the Constitution, which provides that Acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding,” it has experienced a significant revival among state lawmakers eager to second-guess national leaders’ decisions.
This doctrine is not simply unconstitutional, it is a direct attack on the idea that we are the United States of America. As James Madison wrote in 1830, allowing states to simply ignore the laws they don’t want to follow would “speedily put an end to the Union itself.”
Conclusion
America has long endured the occasional politician eager to repeal the entire 20th Century, but, as President Dwight Eisenhower observed nearly 60 years ago, “Their numbers [were] negligible and they are stupid.” Sadly, this is no longer the case. Tenthers increasingly dominate conservative politics and their numbers are growing.
If this movement succeeds in replacing our founding document with their entirely fabricated constitution, virtually every American will suffer the consequences. Seniors will lose their Social Security and Medicare. Millions of students could lose their ability to pay for college. And workers throughout the country will lose their right to organize, to earn a minimum wage, and to be free from discrimination.
Worse, because the Tea Party believes their policy preferences are mandated by the Constitution, they would do far more than simply repeal nearly a century of essential laws. Once something is declared unconstitutional, it is beyond the reach of elected officials— and beyond the voters’ ability to revive simply by tossing unwise lawmakers out of office.
For this reason, the Tea Party’s agenda is not simply one of the most radical in generations, it is also the most authoritarian. They do not simply want to eliminate decades of progress; they want to steal away “We The People’s” ability to bring it back.
By: Ian Millhiser, Center for American Progress, September 16, 2011
September 16, 2011
Posted by raemd95 |
Affordable Care Act, Class Warfare, Collective Bargaining, Commerce Clause, Congress, Conservatives, Constitution, Democracy, Democrats, Economy, Education, Elections, Equal Rights, GOP, Government, Health Care, Ideologues, Ideology, Income Gap, Jobs, Labor, Lawmakers, Medicaid, Medicare, Middle Class, Minimum Wage, Politics, Public, Regulations, Republicans, Right Wing, SCOTUS, Social Security, State Legislatures, States, Tea Party, Unions, Voters | Anti-Poverty Programs, Child Labor Laws, CHIP, Civil Rights, Disaster Relief, FEMA, Food Safety, Gov Rick Perry, We The People |
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