If Republicans Love States’ Rights So Much, Why Do They Want to Be President?
Whatever their differences, the leading Republican candidates all swear that they love states’ rights. If elected president, Rick Perry vows to “try to make Washington as inconsequential as I can.” Mitt Romney declares his faith in the Constitution, which, he says, declares that the government “that would deal primarily with citizens at the local level would be local and state government, not the federal government.” Michele Bachmann “respect[s] the rights of states to come up with their own answers and their own solutions to compete with one another.” With lots of help from the Tea Party, the Tenth Amendment which, not so long ago was familiar mainly to constitutional lawyers and scholars, may now be as popular as the First or the Second. But, what this resurgence of federalism overlooks is not just the historical consolidation of federal power but also the inanity of attempts to reverse it.
For most of U.S. history, the primacy of federalism was taken for granted. Except during major wars, states exerted far more power over the daily lives of their residents than did any of the three branches of a national government located in a swampy river city on the Mid-Atlantic seaboard that most Americans had never visited. In the nineteenth century, as the historian Gary Gerstle explains, states funded canals, highways, and railroads. They decided which groups could vote and which could not. Some tried to regulate working hours. Others outlawed a variety of private acts—interracial marriage, drinking, and theater-going. In 1837, Illinois even forbade “playing at ball or flying of kites” as public nuisances.
All these policies fell under the legal sanction of “the police power,” which one influential Massachusetts judge in 1851 defined broadly as insuring the “good and welfare of the Commonwealth.” For its part, the Supreme Court, until after World War I, rather consistently ruled that the celebrated protections of the Bill of Rights—from the freedom of speech and the press to the right to a speedy trial—applied only to acts by the federal government and not to those of the states.
But, by the middle of the twentieth century, this arrangement no longer served the needs or desires of most Americans. During the Great Depression, state revenues, based mainly on property taxes, plummeted. The federal government stepped in to provide relief, and citizens everywhere began to count on Washington to keep the economy afloat and their Social Security checks arriving promptly. Then World War II and the cold war bound Americans to a national-security state that financed education for veterans and interstate highways as well as aircraft carriers and nuclear weapons. In the 1960s and ’70s, Congress passed laws to safeguard the civil and voting rights of every citizen, regardless of where he or she might live. Policies to protect the environment and regulate hazards at the workplace further diminished the sway of state governments. The Supreme Court, even with a conservative majority, has done little to reverse these changes.
Yet, states’ rights never lost its appeal to that minority of Americans who are ideologically committed to lambasting the federal state as both overweening and ineffective. (It should come as no surprise that these conservatives were so alarmed at the emergency measures taken by the Bush and Obama administrations to address the financial meltdown of 2008: the formation and rapid growth of the Tea Party was the predictable result.) However, any Republican elected to the White House in 2012 will find it impossible to lead a headlong charge back to the past, and not just because of the difficulty of undoing a half-century of tradition and Supreme Court precedent.
Voters unhappy with the inability of the federal government to restore prosperity may like the sound of “states’ rights.” But how many would trust their governors and state legislators to pay their Medicare and Social Security checks on time and at current or higher levels? How many really want 50 separate immigration policies or 50 different standards for what constitutes clean air and clean water? Or the possibility that state, seeking to lure business away from its neighbors, could cut the minimum wage in half and not requiring employers to pay for overtime?
When you look more broadly at their promises, the GOP hopefuls reveal the emptiness of their own rhetoric. Bachmann, never a paragon of consistency, supports a federal constitutional amendment banning gay marriage, as well as the right of individual states to legalize it. In 2007, before Romney got in trouble for his Massachusetts health care law, he predicted, “that all these states … who follow the path that we pursued will find it’s the best path, and we’ll end up with a nation that’s taken a mandate approach.” Rick Perry favors federal action to stop gay marriage and restrict abortion—and, last month, asked President Obama to speed up aid to stop wildfires from burning up whole sections of his vast state. Like a lot of other Americans, these ambitious conservatives like to rail against Washington in the abstract but cannot imagine how the nation would operate without a strong central government. And the specifics of their smaller hypocrisies are underscored by one giant irony: They’re all running for president.
The U.S. has long ceased to be a country in which most people look to their state instead of to the national government to address and solve their most vital problems. State pride is pretty rare these days, except for residents and alumni who dress in the old-school colors and root hard for a college football or basketball team from a major public university.
Of course, state governments still perform a vital role in education and economic development and can still be “laboratories of democracy,” sites for testing out new policies that aren’t yet ready for national consumption. Progressives who cheered when New York legalized gay marriage and look forward to the day when Vermont begins operating the single-payer health care system it passed this spring can hardly object, at least in principle, when red states pass laws they abhor. But, as an alternative philosophy of governance in a modern nation, states’ rights is very wrong. In fact, it’s ridiculous.
By: Michael Kazin, The New Republic, September 20, 2011
Fact Checking The CNN And Tea Party Express Debate In Tampa
The Republican presidential debate in Tampa, Fla., co-hosted by CNN and the Tea Party Express, was feisty and provocative, with many of the candidates relying once again on bogus “facts” that we have previously identified as faulty or misleading.
The debate marked a remarkable shift in tone by Texas Gov. Rick Perry on the issue of Social Security, barely five days after he labeled the venerable old-age program “a Ponzi scheme” doomed to fail. This week, he said it was a “slam dunk guaranteed” for people already on it.
Last week, we explained why the Ponzi scheme label was not true — and also provided readers with a primer on Social Security for those who want to learn more. In Monday night’s debate, Perry and former Mass. Gov. Mitt Romney tangled over the issue again, and Romney had better command of the facts, as far as the two men’s books were concerned.
“The real issue is that in writing his book Governor Perry pointed out that, in his view, that Social Security is unconstitutional, that this is not something the federal government ought to be involved in, that instead it should be given back to the states … . Governor Perry, you’ve got to quote me correctly. You said ‘it’s criminal.’ What I said was Congress taking money out of the Social Security Trust Fund is like criminal, and that is, and it’s wrong.”
— Mitt Romney
Romney gets points for correctly quoting both Perry’s book, “Fed Up,” and his own book, “No Apology.” On page 58, Perry labels Social Security, Medicare, Medicaid and even unemployment insurance as “unnecessary, unconstitutional programs.” While promoting his book last year on MSNBC’s “Morning Joe,” Perry went further, suggesting Social Security should be dismantled and simply become a state responsibility.
“Get it back to the states. Why is the federal government even in the pension program or the health-care delivery program?” Perry said on Nov. 5, 2010. He said that ending the federal government’s role in Social Security would be “one of the ways this federal government can get out of our business.”
(Perry also added: “I wouldn’t have written that book if I wanted to run for presidency of the United States. … I have no interest in going to Washington.”)
Romney’s book, by contrast, contains mostly a sober description of various ways to fix the long-term funding problems of Social Security, with the exception of the suggestion that members of Congress are doing something criminal with Social Security funding (page 158). People can differ, but we think comparing Social Security (a government retirement and disability insurance program) to a trust fund managed by a bank is an inappropriate analogy.
“We know that President Obama stole over $500 billion out of Medicare to switch it over to Obamacare.”
— Rep. Michele Bachmann (Minn.)
“He cut Medicare by $500 billion. This, the Democrat president, the liberal, so to speak, cut Medicare — not Republicans, the Democrat.”
— Romney
Bachmann in particular loves to make this claim, but we have repeatedly explained why it just isn’t correct.
Under Obama’s health-care law, Medicare spending continues to go up year after year. The law tries to identify ways to save money, and so the $500 billion figure comes from the difference over 10 years between anticipated Medicare spending (what is known as “the baseline”) and the changes the law makes to reduce spending.
The savings actually are wrung from health-care providers, not Medicare beneficiaries. These spending reductions presumably would be a good thing, since virtually everyone agrees that Medicare spending is out of control.
In fact, in the House Republican budget this year, lawmakers repealed the Obama health-care law but retained all but $10 billion of the nearly $500 billion in Medicare savings, suggesting the actual policies enacted to achieve these spending reductions were not that objectionable to GOP lawmakers. So it is misleading for Romney to say that Republicans did not make these cuts.
For a more detailed explanation, please see our longer examination of this subject in June, when we gave Bachmann two Pinocchios for making this claim at the first GOP debate.
“Let me say I helped balance the budget for four straight years, so this is not a theory”
— Former House Speaker Newt Gingrich (Ga.)
Gingrich at least indicates there was a president — Bill Clinton — when the nation briefly began to run budget surpluses. And certainly the Republican Congress led by Gingrich prodded Clinton to move to the right and embrace such conservative notions as a balanced budget.
But the budget was balanced in part because of a gusher of tax revenues from Clinton’s 1993 deficit-reduction package, which raised taxes on the wealthy and which Gingrich vehemently opposed. The budget was also balanced because the Democratic White House and Republican Congress were in absolute legislative stalemate, so neither side could implement grand plans to increase spending or cut taxes.
Gingrich is wrong to suggest there were four years of balanced budgets when he was speaker. He left in January 1999; the budget ran a surplus in the fiscal years 1998, 1999, 2000 and 2001. So he can at best claim two years.
During the surplus years, moreover, the gross debt (including bonds issued to Social Security and Medicare) rose by $400 billion. Gross debt is the figure that conservatives tend to use. During Gingrich’s time as speaker, the public debt was essentially flat and the gross debt rose $700 billion.
Obama “had $800 billion worth of stimulus in the first round of stimulus. It created zero jobs.”
— Perry
Perry is wrong. The surplus created jobs; it also saved jobs. But there has not been a net gain in jobs because so many jobs were lost early in Obama’s presidency. Since the stimulus bill was signed, the number of overall jobs in the United has declined by about 1.9 million.
Economists differ on the effectiveness of the stimulus, but most say it has at least some effect (ie, created at least some jobs.) A recent review of nine different studies on the stimulus bill found that six studies concluded the stimulus had “a significant, positive effect on employment and growth,” and three said the effect was “either quite small or impossible to detect.”
“I was one of the only people in Washington that said: Do not raise the debt ceiling. Don’t give the president of the United States another $2.4 trillion blank check. You’ve got to draw the line in the sand somewhere and say: No more out-of-control spending.”
— Bachmann
Ever hear of a “blank check” with a number attached to it? In any case, Congress has already committed to spend much of this money, under budgets passed in previous years. Lifting the debt ceiling merely means that the Treasury now has the authority to make good on bills that are coming due.
“We have cut taxes by $14 billion, 65 different pieces of legislation.”
— Perry
That’s one side of the ledger. We are not sure if Perry’s figure is correct but as Politifact Texas has documented, he has also raised taxes repeatedly, including on cigarettes, to make up revenue for cuts in local property taxes.
“What we saw with all of the $700 billion bailout is that the Federal Reserve opened its discount window and was making loans to private American businesses, and not only that, they were making loans to foreign governments. This cannot be.”
— Bachmann
Bachmann is significantly overstating the case. Bloomberg News, which filed the Freedom of Information Act request that resulted in the disclosure of the Fed loans to foreign banks (some of which had had some government ownership), noted: “The Monetary Control Act of 1980 says that a U.S. branch or agency of a foreign bank that maintains reserves at a Fed bank may receive discount-window credit.” All of the loans were paid back, according to Fed officials.
“And I happen to think that what we were trying to do was to clearly send the message that we’re going to give moms and dads the opportunity to make that decision with parental opt-out. Parental rights are very important in the state of Texas. We do it on a long list of vaccines that are made.”
— Perry
Perry skated close to the edge of the truth here as he tried to defend his controversial order to require the vaccine that is said to prevent cervical cancer. As Politifact Texas reported in 2010, Perry “ordered the Department of State Health Services to allow parents dissenting for philosophical or religious reasons from all immunizations — not just this one — to request a conscientious objection affidavit form.”
Just 0.28 percent of students filed such forms, which must be updated every two years to remain viable — and not all private schools accept the form. So as many as 15 percent of girls did not have the possibility of opting out of the requirement to receive the vaccine if they wanted to continue in their schools.
While Romney denied Bachmann’s charge that there was a connection between his order and a $5,000 campaign donation, Texas media reported that Perry’s chief of staff held a meeting on the vaccine plan on the same day the donation was received. Perry’s aides said the timing was a coincidence.
“This is the election that’s going to decide if we have socialized medicine in this country or not. This is it. Why? I just have to say this. It’s because President Obama embedded $105,464,000,000 in Obamacare in postdated checks to implement this bill.”
— Bachmann
It’s wrong to say the health-care law — which builds on the existing private system — will result in socialized medicine, but apparently some people will never be convinced.
But Bachmann’s assertion of $105 billion “embedded” in the health-care law is another bogus claim for which she has previously earned four Pinocchios. We looked closely at her assertion in March and concluded that her charge that this money was “hidden” does not have credibility. The money for these programs was clearly described and analyzed by the Congressional Budget Office before the legislation was voted into law. And since then, the Obama administration has issued a new release every time it spent some of the funds.
By: Glenn Kessler, The Fact Checker, The Washington Post, September 13, 2011
Texas-Style Tort Reform: Rick Perry’s Texas Health Care Hoax
In his quest to win the Republican presidential nomination, Texas Gov. Rick Perry is perpetuating a convincing hoax: that implementing Texas-style tort reformwould go a long way toward curing what ails the U.S. health care system.
Like his fellow GOP contenders, Perry consistently denounces “Obamacare” as “a budget-busting, government takeover of healthcare” and “the greatest intrusion on individual freedom in a generation.” He promises to repeal the law if elected.
Unlike those in the “repeal-and-replace” wing of the Republican Party, however, Perry has emerged as leader of the “repeal-and-let-the-states-figure-it-out” wing that believes the federal government has no legitimate role in fixing America’s health care system.
“To hear federal officials tell it, they’ve got all the answers on health care and it’s up to the rest of us to sit, wait and embrace whatever solution — if any — they may eventually provide,” Perry wrote in a newspaper commentary in 2009. “I find this troubling, since states have shown they know a thing or two about solving problems that affect their citizens.”
Even as he points with pride to the alleged benefits of malpractice and other tort reforms that have been enacted during his tenure as governor of Texas, Perry says he is opposed to tort reform at the federal level. He cites the 10th Amendment to the Constitution, which states-rights advocates say limits the role of the federal government.
But if Perry had his way, all the states would do as Texas did in 2003 when lawmakers enacted legislation, which he championed, limiting the amount of money juries can award patients who win malpractice lawsuits against doctors and hospitals. The legislation capped non-economic (pain and suffering) damages at $250,000 in lawsuits against doctors and $750,000 against hospitals. A few months after he signed the bill into law, the state’s voters narrowly passed a constitutional amendment, also endorsed by Perry, which had the same effect. Proponents of the amendment wanted to be sure the new law would be constitutional.
Texas, he wrote in that 2009 commentary “stands as a good example of how smart, responsible policy can help us take major steps toward fixing a damaged medical system, starting with legal reforms.”
As a result of the 2003 tort reform law, malpractice liability insurers reduced their rates in Texas and, according to Perry, the number of doctors applying to practice medicine in the state “skyrocketed.”
He says that in the first five years after tort reform was enacted, 14,498 doctors either returned to practice in Texas or began practicing there for the first time.
Tort Reform Backfires in Texas
That certainly sounds impressive — so long as you look at that number in isolation. But when you look at how Texas stacks up with the rest of the country in terms of physician growth in direct patient care, tort reform appears to have given Texas no leg up in competition with others states for doctors. In fact, according to statistics compiled by the American Medical Association and other physician organizations, Texas has actually lost ground when it comes to the number of doctors practicing in the state since tort reform was enacted. Big time.
In 2008, the number of physicians in patient care per 10,000 civilian population in the United States was 25.7. At just 20.2 doctors per 10,000 people, Texas ranked near the bottom of the 50 states. In fact, only nine states fared worse. In 2000, three years before tort reform, Texas was still bringing up the rear, but not as badly. Back then, 11 states fared worse than the Lone Star state.
Even more revealing, the number of doctors in patient care increased 13.2 percent nationwide from 2000 to 2008. It increased only 12.8 percent in Texas. The rate of growth was actually greater in 41 other states and in Washington, D.C. than it was in the Lone Star state.
It is true that malpractice insurance rates dropped in Texas after tort reform was enacted, but Texans would be hard pressed to claim any direct benefit from that drop — except, that is, Texans who are doctors.
The Dallas Morning News published a chart earlier this year showing that the average malpractice rate charged ob/gyns in Texas by the state’s largest domestic insurer of physicians fell from $53,752 in 2003 to $33,881 in 2011. The paper reported drops of similar percentages for doctors in family practice and general surgery.
Advocates of tort reform have long claimed that one of the reasons for escalating health care costs is the “defensive medicine” doctors practice, such as over-treating and prescribing more medications and diagnostic tests than necessary, out of fear of being sued. Well, if Texans believed their own health insurance rates would go down once tort reform made defensive medicine less prevalent, they have by now been disabused of that notion. The chances of a Texas family saving a few bucks on premiums would actually be greater if they moved to another state.
In 2010, the average premium for family coverage in Texas was $14,526. That’s $655 higher than the U.S. average. Those numbers seem to indicate that doctors have not passed on their own insurance savings to their patients and that they are not practicing medicine any less defensively than before tort reform was enacted.
Not only are Texans paying more for their own insurance while doctors are paying less for theirs, their chances of getting employer-subsidized coverage is less than it would be if they lived in another state. The Dallas Morning News, citing statistics from the Agency for Healthcare Research and Quality and other sources, reported that a smaller percentage of employers in Texas offered coverage to their workers last year than in the U.S. as a whole (51 percent and 53.8 percent, respectively). And the Texans who do have coverage through the workplace are contributing far more out of their own pockets for that coverage than people who live in most other states. In Texas last year, the average employee contribution toward company-sponsored coverage was $4,500. The U.S. average was much lower: $3,721.
Another statistic Perry is not likely to mention when he talks about the benefits of tort reform is the number of Texans who are uninsured. The U.S. Census Bureau reports that Texas continues to be the state with the highest percentage of its residents without coverage, a whopping 25 percent last year, compared to about 16 percent nationwide. It was dead last in 2003 and it is dead last now.
All this should leave us wondering what “thing or two” states have come up with to solve the problems that affect their citizens. Considering the dismal state of health care in Texas, perhaps Perry had Massachusetts in mind.
By: Wendell Potter, Center for Media and Democracy, September 1, 2011
Is The Tea Party Killing The Republican Party?
Conservatives are between a rock and a hard place. The Tea Party is in and the GOP is out. Tea Party is a brand that is popular with conservative voters but doesn’t have a national financial base. The Republican Party has a national finance infrastructure but it has been obliterated ideologically by the Tea Party. The emergence of the Tea Party keeps Karl Rove and other D.C. Republicans awake at night. But I’m not losing any sleep because of Karl Rove’s nightmares.
It wouldn’t be the first time in American history that an upstart has killed a party. In the 1840s and 1850s the Whigs gave way to the Republican Party. The old party wouldn’t or couldn’t take a strong antislavery position while Republicans did. The Republicans blossomed as the party of a strong national government while Democrats remained in the GOP’s dust as the party of rebellion and states’ rights. Timing is everything in politics and Democrats continued to fight for state power, right after a war that established the dominance of national power over states’ rights.
Or the opposite may happen. Populism gained favor in the 1890s because of its strong stance against corporate and government corruption but Democrats saved themselves and absorbed the populists by dropping its corporate coziness and becoming a peoples’ party.
And even though the great populist Democrat William Jennings Bryan lost the presidential elections in 1896, 1900 and 1908, the Great Commoner transformed a states’ rights party into a national force that produced the platform for presidential victories by Woodrow Wilson in 1912 and 1916 and by FDR in 1932, 1936, 1940, 1944, and by Harry Truman in 1948.
In the 2010 primary elections, the Tea Party prevailed in just about every race against an establishment Republican congressional candidate. The GOP’s tendency to eat its own young prevented them from winning the Senate in 2010 and may stop win from winning the presidency and the U.S. Senate in 2012.
My guess is the Democratic leader of the Senate offers a daily prayer to the Tea Party. If the Republicans had not nominated Sharron Angle, a Tea Party favorite to oppose him, he would not be a U.S. senator. If the Tea Party hadn’t nominated extremists in Senate campaigns, he wouldn’t be the majority leader if he had been re-elected.
Last year, the GOP nominated Tea Party extremists and consequently lost Senate races in in three states where the party should have won. The candidates were Christine O’Donnell in Delaware, Angle in Nevada and Ken Buck in Colorado. In this cycle, the Tea party is going after moderately conservative GOP senators, Dick Lugar of Indiana and Olympia Snowe in Maine. The Tea Party might very well win both primaries and hand over solid Republican seats to new Democratic senators and allow them to take the Senate back from Republicans.
But I’m not losing any sleep over that either.
By: Brad Brannon, U. S. News and World Report, June 2, 2011
Republicans’ 2012 Slogan: It’s Anything But The Economy, Stupid
The GOP has turned one of the most effective slogans in American political history on its head. The Republican rallying cry for 2012 will be “Anything but the economy, stupid.” Let’s see how that works out for them next year.
Last year Republican leader John Boehner promised Americans that his party’s priority would be fixing the economy and creating jobs if voters gave the GOP control of the House of Representatives. Republican House candidates echoed their leader’s call to focus on the economy like a laser beam. This year, they have done almost everything but. Two of the first three bills introduced by House Republicans at the start of the 112th Congress in January were designed to take away a woman’s right to choose. One of them, H.R. 3, would have allowed abortion only in cases of “forcible” rape. Like there’s some other kind.
Then there was the battle in the first week of April that almost led to the shutdown of the U.S. government and the end of all programs to create jobs. What was the GOP hang-up on waiting till the last hour to avoid the debacle? Concern that the budget wasn’t doing enough to create jobs? No. The issue that the GOP pushed in the negotiations until the very end was defunding programs at Planned Parenthood designed to limit the number of abortions.
But that’s not all Republicans are doing to create jobs. Tuesday, Speaker Boehner hired a lawyer at $520 an hour to defend an unconstitutional law, the Defense of Marriage Act. The law passed in 1994 defines marriage as the union between a man and a woman. President Obama wisely decided not to waste any money defending the law because it’s clearly unconstitutional. The 10th Amendment reserves the power to regulate marriages to the states. So much for wasteful government spending and states’ rights. But at least the GOP has created one good paying job.
Meanwhile, the religious right is busy attacking a conservative potential GOP presidential candidate, Mitch Daniels. He is the governor of Indiana and former director of the Office of Management and Budget. Daniels angered religious conservatives because he had the nerve to say economic issues are more important than social issues. The religious right feels anyone like Daniels who short changes social issues is either a heretic, a lunatic, or both. Yes, the Taliban wing of the Republican Party believes that persecuting gays is more important than creating jobs. Good luck trying to sell that message to the millions of Americans who are one paycheck away from bankruptcy. If they are lucky enough to have a paycheck.
When Republicans go down to ignominious defeat in 2012, they will have only themselves to blame.
By: Brad Bannon, U. S. News and Worl Report, April 21, 2011
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