Moderates who love incrementalism constantly say that is the only way to get things done but the current debate over healthcare shows that the exact opposite is true.
Amendment XXVIII: No law governing a basic human need shall be passed in a jurisdiction whose government fails to provide citizens with the means to fulfill that need.
Start gathering petition signatures.
If you’ve ever had to work for someone else, you’ve probably been presented with a no-win situation of someone else’s making. “Be promptly at your desk at 9 am,” my boss ordered me. “We can’t have customers calling at the start of business with no answer.” Reasonable. But it was a two-man office — him and me — he had the only key and he was often late. When customers complained, he’d yell at me. “What would you have me do,” I’d ask, “break in?” Unreasonable.
A lot of bosses are stupid little tyrants. But government should know better than to pass a law its citizens can’t obey.
Like most cities, New York prohibits public urination. It’s no longer a criminal offense but public pee-ers still risk a ticket and a fine. The NYPD issues 20,000 to 30,000 such summons a year. Yet, as The New York Times noted in 2016, “New York City…is one of the most public-bathroom-resistant places in the world.”
People pee. People poo. A city that chooses not to provide people to pee and poo knows that some folks won’t find their way to Starbucks or other de facto public restrooms before it’s too late.
The city wants people to pee and poo in public.
Experts estimate that properly equipping Gotham’s streets with the thousands of toilets necessary to serve the city’s inhabitants and visitors would cost tens of millions of dollars. “I gave you a pot to piss in” isn’t the legacy most mayors want to be remembered for (though perhaps they should reconsider). Getting NYC to do the right thing by everyone with a bladder would require ratification of my proposed 28th Amendment.
If nothing else, those who answer nature’s call in the streets and avenues could do so without fear.
Some people charged with a crime have successfully used the “necessity defense” that the harm they committed was necessary in order to avoid a greater wrong or harm. If you’re trying to escape from someone trying to kill you, a judge should dismiss the charge that you trespassed on private property to get away.
Yet, even though it defies common sense, American law still permits government to pass laws that are impossible to follow. In June the California Supreme Court ruled on a law requiring gunmakers to microstamp bullets fired from semi-automatic weapons with unique identifying information.
The court’s ruling was complicated but it included this gem: “impossibility can occasionally excuse noncompliance with a statute, but in such circumstances, the excusal constitutes an interpretation of the statute in accordance with the Legislature’s intent, not an invalidation of the law.” In other words, an impossible-to-follow law can be passed and no court can invalidate it. Each individual who wants to be exempted on the basis of impossibility must hire a lawyer and file a lawsuit.
The Impossible Law Amendment (ILA) would ensure that any law deemed impossible for any citizen to follow would be overturned on constitutional grounds.
Impossible-to-follow laws are more common than you might think.
The Affordable Care Act requires people to purchase health insurance from private for-profit corporations or get slapped with a fine when they file their annual tax returns.
The cheapest healthcare plans in the Obamacare marketplaces run around $1600 to $1800 in many counties. One out of four Americans say they can’t afford healthcare. If the United States insists on spending tax dollars on blowing up brown people in Muslim countries rather than caring for its own sick people, that’s a political priority this nation is free to select. But it’s insane to charge people a fee for not buying something they can’t afford. Punishment is immoral if there was no intent or desire to disobey the law.
The ILA would effectively eliminate an entire class of government fines for things people are mandated to buy but must have in order to live: motor vehicle registration fees, smog inspection fees, parking.
On July 27 The New York Times reported that parents, usually mothers, are routinely arrested and have their children taken away from them by child-welfare authorities, because they can’t afford daycare and so are found guilty of such “abusive” behavior as leaving their kid in the car for a few minutes while running into a store.
Children have died of heatstroke in locked cars, so it reasonable for the police to be concerned when they come across a possible case of neglect. But society should not criminalize the behavior of people who have no other choice. Daycare runs about $200 per week per child. Individual average income runs about $500 a week before taxes, or $350 after taxes. Unless the average American goes without food or shelter — which child-welfare authorities will look down upon at least much as leaving a kid in a car — he or she can’t afford daycare. In many other (civilized) countries, of course, daycare is provided gratis by the government.
If and when the U.S. provides daycare for all, it may prosecute parents for refusing to use it.
A government that passes laws that anyone — much less a significant portion of the population — cannot obey, yet imposes fines and jail terms, deserves nothing but contempt. Ratify the ILA!
(Ted Rall (Twitter: @tedrall), the political cartoonist, columnist and graphic novelist, is the author of “Francis: The People’s Pope.” You can support Ted’s hard-hitting political cartoons and columns and see his work first by sponsoring his work on Patreon.)
The Trump Administration is guilty of countless wrongdoing, including monstrous acts that no one cares about, at least not in the press. In the meantime, the media is obsessing over a meeting between a 2016 Kremlin-connected Russian lawyer, Donald Trump, Jr. and a number of other attendees.
House Republicans voted to overturn the Affordable Care Act (Obamacare). Now it’s off to the Senate. Because the House vote was considered political suicide, triumphant Democrats began taunting Republicans on the floor of the Congress, on national TV. You’d hardly know lives were at stake.
Confronted with an optimistic opponent who promises substantial changes in American foreign and domestic policy in the form of Bernie Sanders, establishment candidate Hillary Clinton has been reduced to promising incremental improvements, and defending past gains. She argues her approach is more pragmatic. But will voters be satisfied with more of the same?
This is what happens when you trust free markets.
You probably heard that the Supreme Court rejected the latest legal challenge to the Affordable Care Act, a.k.a. Obamacare, a.k.a. The Great Transfer of Taxpayer Dollars to Scumbag Health Insurance Companies. That news broke during a major news day.
What you likely missed, because it came out on July 3rd when everyone was driving to the beach or flying somewhere fun for their Independence Day weekend getaways instead of paying attention to the news, was that the ACA is tanking. That’s why you have me: to read depressing tidbits about America’s decline, and to annoy Obamabots with another I-told-you-so.
When Obama resurrected 1993’s benighted Hillarycare scheme, I warned that there were two major problems with this convoluted hybrid of government-managed healthcare and for-profit healthcare.
First, the Affordable Care Act kept the insurance companies in business. Aetna, United Healthcare and the other big insurers are a huge drain on the system, sucking out billions in profits and driving up costs. Profitmaking has no place in healthcare, which is a basic human right, like air and water. Air and water are free; healthcare should be free too. But that’s the opposite of what drives health insurers: they want to give you as little care as possible while charging you as much as possible.
Second, the ACA diminished Americans’ zeal for socialized medicine, the standard in the developed world. “In legislation no bread is often better than half a loaf,” Robert La Follette, the Wisconsin Progressive of the late 19th and early 20th centuries, pointed out. “Half a loaf, as a rule, dulls the appetite, and destroys the keenness of interest in attaining the full loaf.” I wrote last year: “In 2007, before Obama and his ACA came along, 54% of Americans favored single-payer. Now, thanks to a system that’s better than nothing but not nearly good enough, it’s down to 37%. Hillary Clinton is endorsing Obamacare, and has officially come out against single-payer.”
Now that the public has had a chance to use and pay for Obamacare, support for single-payer is back up to 50%.
Back to that story that broke on the deadest news day of the year. From The New York Times: “Health insurance companies around the country are seeking rate increases of 20% to 40% or more, saying their new customers under the Affordable Care Act turned out to be sicker than expected…Blue Cross and Blue Shield plans — market leaders in many states — are seeking rate increases that average 23 percent in Illinois, 25 percent in North Carolina, 31 percent in Oklahoma, 36 percent in Tennessee and 54 percent in Minnesota, according to documents posted online by the federal government and state insurance commissioners and interviews with insurance executives.”
Did your paycheck go up 20%, much less 40%, in the last year? I didn’t think so.
The proper reaction to this disgusting move — remember, we’re talking about a for-profit corporate sector that rakes in billions of dollars a month and pays its CEOs millions of dollars a year — is to line up the executives responsible against a wall and shoot them full of holes, then deny the healthcare claims of any who survive just because, as the rest of us routinely experience.
Since that would be illegal, however, the second-best approach should be to shame the bastards relentlessly on social media, until they’re forced to go join ISIS because people would subject them to Two Minute Hates wherever they go. (Not to say that ISIS, which provides free healthcare, would want these human turds either.)
This is where one naturally turns to political leadership. Surely the President of the United States, a.k.a. He For Whom Obamacare Is Named, will crack down on these insurance pirates?
Not so much. Obama “said that consumers should put pressure on state insurance regulators to scrutinize the proposed rate increases. If commissioners do their job and actively review rates, he said, ‘my expectation is that they’ll come in significantly lower than what’s being requested.'”
No doubt the healthcare industry itself, which rakes in billions each year from their new involuntary customers, hears our anger.
Not so much. Marinan Williams, CEO of the Scott & White Health Plan in Texas, which applied for a 32% rate hike, says: “Over the next three years, I hope, rates will start to stabilize.” How about we “stabilize” her salary at 32% less than she gets now?
How’s your interest in the “full loaf” — single-payer socialized medicine — now?
(Ted Rall, syndicated writer and the cartoonist for The Los Angeles Times, is the author of the book “Snowden,” the first biography of NSA whistleblower Edward J. Snowden. It is in graphic novel form, and will publish August 18th. You can subscribe to Ted Rall at Beacon.)
COPYRIGHT 2015 TED RALL, DISTRIBUTED BY CREATORS.COM
STILL NO NATIONAL HEALTHCARE FOR MENTAL ILLNESS? THAT’S CRAZY
BY TED RALL
RELEASE: WEDNESDAY, DECEMBER 24, 2014
The sister of the 28-year-old man who shot his ex-girlfriend in Baltimore the same morning he killed two New York police officers as they sat in their patrol car in Brooklyn said her brother had long suffered from mental illness, but hadn’t received treatment.
“He was an emotionally troubled young man, and he was suicidal,” said Jalaa’i Brinsley. “Clearly something’s wrong. He should have been offered help in the system, right? But he wasn’t.”
Indeed. Something is very wrong.
In the United States, psychiatric care is a luxury that, at $150 an hour and up for counseling that can last for months or even years, only the very wealthiest citizens can afford.
This latest sorry episode serves as yet another reminder that ours remains a country in its infancy when it comes to health care, despite the undeniable turning point marked by last year’s enactment of the Affordable Care Act. As many as one out of four Americans suffer mental health issues in any given year, yet even upper-middle-class “white-collar” workers with relatively high-end health insurance plans receive little coverage for mental illness. The same goes for dental and vision care.
You know the narrative by now: after a particularly heinous shooting or mass shooting, typically ending with the suicide or death-by-cop of the suspect, relatives of the murderer emerge to express their sorrow and anger that they had repeatedly sought help but had been consistently rejected, usually due to their inability to afford expensive treatment and medications for mental illness. For the most part, however, news coverage and political debate emphasizes helplessness – who can predict who will go crazy? – and America’s easy access to high-powered weapons. Sure, there is a flutter of discussion of the fact that few Americans have access to care for mental illness, but those stories are inevitably overshadowed by the gun control and the “culture of violence” chatter.
Talk about crazy!
As the bodies of the victims – which, if you are fair-minded, must include the killers along with the killed – go cold in their graves, the media and thus the population at large move on, the system putters on the same as always, denying countless millions access to the mental health professionals this country can easily afford to pay on their behalf, and setting the stage for some tiny fraction of them to go haywire and commit the headline-grabbing mass murders of the future.
Two years ago, after Adam Lanza slaughtered 20 children and six staffers at Sandy Hook Elementary School in Newtown, Connecticut, killed his mother and himself, some public officials declared that it was time to get serious about mental illness. According to a report by the Connecticut Office of the Child Advocate, Lanza had never received treatment for years of mental illness, including anxiety, depression and obsessive-compulsive disorder.
But, as USA Today reports, “the drive for change has [since] slowed at the state level and ground almost to a halt in Washington…Only 29 states increased funding this year, however. Seven states reduced mental health spending. In some states, mental health funding is still less than it was before the [2008-10] recession.”
“We’re seeing less attention to mental health, and that’s concerning to us, because we’re still seeing so many tragedies every day,” Mary Giliberti of the National Alliance on Mental Illness (NAMI) told the paper. Although individual tragedies may not make the news, she said, “the suffering is tremendous when people don’t get the services they need. People end up in emergency rooms. People end up in jails and prisons, which is absolutely the wrong place for someone with mental illness.”
Mental illness is one of America’s biggest hidden scourges.
According to NAMI, 1 in 17 adults − about 13.6 million Americans – suffer from a serious mental illness, such as schizophrenia, major depression or bipolar disorder.
46% of homeless Americans in shelters suffer from serious mental illness and/or substance abuse.
20% of prisoners in state and local prisons have a recent history of mental health problems.
70% of children in juvenile prisons have a mental health condition.
People need help, but they’re not getting it. 60% of adults with mental illness received no treatment within the last year.
Mental health treatment is expensive — but so is ignoring the problem. “Serious mental illness cost the economy $193.2 billion in lost earnings each year,” according to NAMI. Think of all the wars we could fight with the taxes from those lost salaries! Or don’t: 22 veterans commit suicide daily.
This year is a perfect example of the system’s inability and/or unwillingness to respond to the mental health crisis. Even after actor-comedian Robin Williams succumbed to suicide after years of alcoholism and depression, and a severely depressed 22-year-old man killed six people and then himself at the University of California at Santa Barbara, you couldn’t even find a single liberal Democrat in either the House of Representatives or the Senate to propose a bill that would expand the ACA to include comprehensive coverage for mental illness.
Santa Barbara shooter Elliot Rodger’s “parents repeatedly attempted to get psychiatric help for their son. By his own account, he was prescribed antipsychotic medication but refused to take it,” CBS News reported at the time.
There is a strong argument to be made in favor of restricting access to the highest powered automatic weapons, as well as philosophical interest in debating the nature of good and evil, but if we as a country truly want to reduce the frequency and severity of shootings in our public spaces, we should start by throwing some serious money at psychologists and psychiatrists.
“About half of these mass killings are being done by people with severe mental illness, mostly schizophrenia,” Dr. E. Fuller Torrey, a leading expert on severe mental illness told “60 Minutes” in 2013. “And if they were being treated, they would’ve been preventable.”
So it wasn’t just “evil,” or random criminality, that killed those two NYPD officers last weekend.
It was us.
(Ted Rall, syndicated writer and cartoonist, is the author of the new critically-acclaimed book “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan.” Subscribe to Ted Rall at Beacon.)
COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM
“There are those who look at things the way they are, and ask why,” Robert F. Kennedy famously said. “I dream of things that never were and ask, ‘why not?'”
RFK was an idealist — someone who views the world as a blank slate full of possibilities.
So am I.
Realists — people who strive to make improvements within the constraints of the current situation — are important. No society can live with its head in the clouds. But we also need people who look to the stars. Where are they now?
For as long as I can remember, American politics and media have been dominated by self-identified realists to the exclusion of idealists. In many cases, the “realists” are just bullies pushing agendas with no real grounding in reality (c.f., Bush’s neo-cons). Still, some of these Very Reasonable People, as Paul Krugman calls them, have achieved incremental victories that have made life somewhat better in some respects (c.f., Obamacare).
But no civilization can achieve greatness without idealists. If you’re looking for one big reason the United States seems to be on the wrong track, try the marginalization of idealism that coincided with the collapse of the peace movement and the American Left at the end of the Vietnam War in the early 1970s. The death of every strain of American Leftism from liberalism to revolutionary communism has left us with a nation that doesn’t know how to dream big.
If we’d been like we are now when Sputnik launched, it’s a fair bet we never would have gone to the moon. We couldn’t have justified the massive budget. Or it would have died in Congress. The money would have been spent, but on stuff no one needs — invading foreign countries, tax cuts for the rich and big corporations — with nothing to show for it.
America has become too small to fail.
In an excerpt from his upcoming book that appeared recently in The Atlantic, Michael Wolraich recently discussed the tendency of Robert La Follette, the Wisconsin senator and leading light of the Progressive movement of the late 19th and early 20th centuries, to hold out for radical progress over incremental, less satisfying gains. La Follette’s big-picture approach — so idealistic — was, in its way, more realistic than what passes for realism today:
“He might have passed more legislation by compromising [with his enemies], but he refused to dilute his proposals. There was that stubbornness again but also strategy. La Follette took a long view of political change. In contrast to Roosevelt’s pragmatic approach, he believed that temporary defeat was preferable to compromised legislation, which would sate public demand for reform without making genuine progress. ‘In legislation no bread is often better than half a loaf,’ he argued. ‘Half a loaf, as a rule, dulls the appetite, and destroys the keenness of interest in attaining the full loaf.’ Legislative defeat, on the other hand, served a useful political purpose. He would use the defeat of a popular bill to bludgeon his opponents in the next election, and he would keep assailing them with it until they yielded or lost their seats.”
Or, as the revolutionary “situationists” who took over Paris in May 1968 cried: “Be realistic: Demand the impossible!”
When I read this, I thought: Yes! Here’s a perfect articulation of the politics we’re missing.
With USA Today recently joining the chorus of media describing Barack Obama, who championed realism in the form of diminished expectations, as a failed president and a “lame duck before his time,” and Hillary Clinton once again marketing herself a yet another drab uber-realist for 2016, a reminder of La Follette’s ambitious approach to politics is especially timely.
Consider, for example, Obamacare.
La Follette would see the Affordable Care Act as a classic case of the “half a loaf” that “dulls the appetite” for true reform — in this case, socialized medicine or at least European-style “single payer.” In 2007, before Obama and his ACA came along, 54% of Americans favored single-payer. Now, thanks to a system that’s better than nothing but not nearly good enough, it’s down to 37%. Hillary Clinton is endorsing Obamacare, and has officially come out against single-payer.
Democrats defended Obamacare to liberals and progressives as an imperfect, insurance company-protecting interim measure. Obamabots encouraged libs to support the conservative Democratic president because the ACA would move America closer to the single-payer ideal.
Now we see how wrong the “realists” were. As La Follette would have predicted, the appetite for the “full loaf” of single payer has diminished, partly sated by the “half loaf” of Obamacare. Regardless who wins in 2016, single-payer will be off the agenda for another four to eight years. Obamacare killed single-payer.
Imagine, on the other hand, where we’d be if Obama had gone the idealist La Follette route, proposing a single-payer healthcare reform bill that had suffered defeat at the hands of Congressional Republicans.
Six years after the beginning of the 2008 economic crisis, several more million of Americans would be uninsured. Hospital emergency rooms, bursting at the seams as it is, would be in a greater state of crisis — which would add to support for reform. You can easily imagine Obama and the Democrats beating up “Republicans who don’t care about sick and dying Americans” on the campaign trail. Sooner or later — I’d bet sooner — they’d have to cave in and vote for this big new social program, just as they did with the New Deal and Great Society, or face oblivion.
Of course, Obama’s appetite for single payer was never ferocious. He promised a single-payer “option” during the 2008 campaign — yet never tried — but the point remains, the American people allowed themselves to be “realistic.” Which left them with far less than they might have gotten had they held out for full-fledged single-payer.
As we head into the 2016 campaign, remember what “realism” really is: the siren song of mediocrity, written by the elite to make you settle for less than you deserve.
(Ted Rall, syndicated writer and cartoonist, is the author of “After We Kill You, We Will Welcome You Back As Honored Guests: Unembedded in Afghanistan,” out Sept. 2. Subscribe to Ted Rall at Beacon.)
COPYRIGHT 2014 TED RALL, DISTRIBUTED BY CREATORS.COM