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The Continuing Frog Boil


Boiling FrogThe U.S. budget sequestration went into effect on March 1, 2013.  It was designed to reduce defense and certain non-defense discretionary spending by annually declining percentages through 2021.  It applies these cuts with the fine precision of a large asteroid smashing into the Earth.  It was said to be designed as a pressure on Congress and the White House to hammer out a budget agreement on a timely basis and was not supposed to go into effect because its stupidity was unthinkable.  Apparently, some of the major actors in that drama didn’t do enough thinking, because we’re living with the sequester now.  Oddly, we are not hearing much of a wail from those affected.  There are reasons for that.

First, the impact of the sequester on defense spending is small enough to be a rounding error for the agencies with nearly unlimited spending ability and which buy thousand-dollar toilet seats, tanks for fighting the non-existent Soviet Union in a land war and trillion-dollar airplanes that no one wants.  Besides, when the affected contractors are unhappy with the government they don’t march in the streets.  Their comments are given behind closed doors, so you don’t hear them.

Second, many of the domestic program cuts only affect poor people and nobody listens to them.  For example, study after study has shown that early childhood education is the cornerstone for later success in higher education and for a lifetime.  But the sequester cut 57,000 children out of the Head Start program, thus necessarily relegating them to a much dimmer future.  Understand, though, that the Head Start victims of the sequester are poor kids whose parents’ voices aren’t heard in Congress because those parents don’t make large campaign contributions, so they don’t have access.  And you can’t hear them because the corporate media doesn’t relay their brutal reality.

Here is another example.  The non-partisan Congressional Budget Office predicted that the sequester would produce a reduction in economic growth of 0.6%, saying that this would affect job retention for 750,000 Americans.  “Retention” is not about new jobs.  It is about employed people just keeping their jobs.  That means three-quarters of a million Americans will lose their jobs because of the unthinkable sequester.  Like the parents of kids kicked out of Head Start, the newly unemployed don’t have access, so you don’t hear their voices, either, and it is relatively easy for the rest of us to ignore the change.

Third, we human beings only become aware of change when a big WHUMP! smacks us in the head.  Most of the time we tolerate small changes quite easily and don’t even notice them.  By the time we at last notice their accumulation into a WHUMP!, it is too late to prevent the adverse consequences that we will live with forever.  That is to say, most of us are living with the unrecognized effects of small changes and, like live frogs in a slowly heating pot of water, we fail to recognize that we are being boiled alive.

Yet, metaphorically speaking, that is what is happening to Americans.  We are tolerating changes like the sequester, either because each change is very small, as they are for most of us, or we are accommodating them because we are powerless, as it is for the poor, the disenfranchised, the unemployed – the very people who don’t contribute big money to political campaigns.

And the incremental deterioration story gets worse.  The current government shutdown engineered by Ted Cruz (R-Psych Ward) and his extremist pals has already kicked another 7,000 kids out of Head Start and 19,000 more are on the way out the door.  Those kids will under-perform and we will lose the benefit of their contributions and their genius.  Some will drop out and be a weight on society and some will turn to crime for survival.  For those who don’t care about those kids, surely even the investment class understands the value of spending a buck today to get a return of two in the future.  Yet all they seem to be able to see is that they want everything now.

Head Start is just one example of incremental changes that are absorbed with barely a public whimper – there are many more – but we will all pay the price.

On the other hand, here is a happy thought: we’re saving money today because we’ve cut unemployment compensation for those 750,000 Americans being laid off this year and we won’t have to listen to them complain because they don’t have a voice powered by campaign contributions.

Come to think of it, perhaps you are not donating thousands of dollars to the right legislators every election cycle.  If that is the case, you just might want to check the thermometer in your pot.  It might be edging up the the WHUMP! mark at the top of the scale.

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Definition: The Republican Caucus – a gathering place for the clueless.

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“Let me just check my talking points, and  .  .  .  Why, here’s something flamboyant and hateful I can say to rile up the base and make them cheer for me.  And here’s another.  Wow!  There’s a whole pile of ’em!  I’ll never run out of self-serving drivel.”  Sen. Ted Cruz in an imaginary and oh-so-brief moment of honesty.


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Voices


VoicesEighty percent of Americans who know of the over-reaching, legislation-from-the-bench Supreme Court decision in the Citizens United v. Federal Election Commission case – the one that ensured unlimited money influencing our politics – want it reversed.  That number varies by just a handful of percentage points, depending on respondents’ political views.  This issue is the venue where ultra-left tree huggers and hair-on-fire Tea Party members can join hands, sing Kumbaya and wave Don’t Tread On Me flags, all at the same time.  The trick in getting action on this is to expand the number of Americans who know about the CU decision so that we can exert sufficient pressure on lawmakers to pass the 28th Amendment to the Constitution to get big money out of our political process.

It was to that educational purpose that I crafted the Money, Politics and Democracy program that I have been delivering to various local groups for the better part of a year.  I delivered it last week to a fledgling group in DuPage and Will Counties who care enough about this issue to leave their front porches on a lovely summer evening and sit in a hot meeting room in order to learn.

Be clear that I have another motive in my talk.  It is to motivate people to take action.  And it is to that point that I direct you to an essay by Jesmyn Ward in today’s New York Times entitled A Cold Current.  Her story is about racism, the devaluing of people by “othering” and how we react to that.  There is a parallel to her story in today’s economically punitive America.

Think about the America you believe in, the one you want to leave to your children and grandchildren.  Look deep into your notion of The American Dream.  You better think about it, because we are crafting the America we will bequeath to your descendents right now.  It is just possible that the dream that you hold dear for your dear ones and yourself is a different dream than that dreamed by the leaders of our pharmaceutical industry, our energy barons, the fabulously wealthy individuals – the 1%.  That is because those people are exactly like everyone else in this sense:  We all act in what we believe to be our best interests.

I don’t even remotely imagine that the Koch brothers arise every day with sights on the evil they might do or the mischief they can create for most Americans.  As the titans of Big Pharma spent $390 per second fighting Obamacare, they weren’t doing it to ensure that our healthcare system remains the worst among industrialized nations.  Neither do the leaders of the American Petroleum Institute air its television ads with the pretty blonde in a black pants suit in order to create more super-hurricanes like Katrina and Sandy so that more Americans might suffer and die.  They do those things because it is in their financial best interests to do what they do, so they spend the big money to make their voices heard.  It is all about the voices.

So, rather than putting your effort into demonizing the big bucks class in America, your energy needs to be focused on making your voice heard.  Let go of any notion of instant gratification, because this is a long term push.  Just understand this:  If you don’t make your voice heard, people with a very different dream for America from the one you believe in will have their voices heard, because they will be the only ones talking.

Now go read Jesmyn Ward’s piece.  Read it first for her message about racism.  Then read it again and substitute “classism” and you’ll understand.


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Are You an Old, Rich White Guy?


Rich white guyPollution is an ordinary part of manufacturing.  For example, those shiny, chrome plated gizmos like your ballpoint pen and the reflectors of the tail lights of your car are bathed in toxic chrome when they are made and they drip chrome into the water that rinses them.  Capturing that residual chrome is much more expensive than just flushing it down the drain, so chrome platers don’t much like EPA regulations that make them install expensive waste water treatment facilities.  Those who own and run other companies subject to EPA regulations feel pretty much the same way.

Come to think of it, lots of companies don’t much care for OSHA, the Occupational Safety and Health Administration, either.  That government bureau makes companies do expensive things, like install safety devices that prevent people from being decapitated or electrocuted or having their hands chopped off in manufacturing machinery.  OSHA requires construction companies to ensure that their employee wear hard hats so that their heads don’t get sliced or crushed.  All of that costs money that companies don’t like to spend.

Those pesky state legislatures have passed laws that require that your children be in child safety seats and that you be belted in and air bagged.  All of that costs money that car manufacturers don’t like spending.

Old, rich white guys like the Koch brothers and Sheldon Adelson and others who own the companies that we force to spend extra money in order to protect all of us want to do away with lots of government driven protection.  They want that precisely because that protection costs old, rich white guys money.  Indeed, over the years the car companies resisted pollution controls, safety glass, turn signals, safety belts and more because those things cost money.  If you’d like to know more about the thinking of such people, those who seek money and power over all else, have a look at the words of Vice President Henry A. Wallace, Franklin Roosevelt’s number two from 1941 – 1945.  He wrote a blistering Op-Ed for the New York Times on April 9, 1944 focused on American Fascism, the blending of government and business. You will likely find that the description in his essay is stunningly and disturbingly similar to our socio-political circumstances today, including the lying, the cheating, the demonizing and, worst of all, greed masquerading as patriotism.  The bulk of that comes from old, rich white guys.  You can find Wallace’s article here and here.

The old, rich white guys are thankful that elections are so expensive that candidates have to continuously grub for cash, especially big pots of it, because then those who are elected become indebted to those old, rich white guys.  That stimulates those politicians to take every measure possible to thwart legislation that might be good for most Americans who are not old, rich white guys.

Those politicians do things like make it harder for non-rich, non-white Americans to vote, because doing so keeps the old, rich white guys in power and in the money and that keeps the politicians well funded and in office.  The flow is so pleasingly circular.  Our national history is replete with egregious examples of voter suppression and the current voter ID laws about to be enacted in Texas, North Carolina and Ohio are the newest.  Those laws will disenfranchise millions of non-rich , non-white Americans and will have the effect of being the final nail in the coffin of democracy.  Hail to the John Roberts Supreme Court for enabling those voter suppression laws through its democracy killing decision in the Citizens United v. FEC case.  That completed the task of ensuring that old, rich white guys control all the money and all the power, a task started with naked hypocrisy by Ronald Reagan in 1981.

In the not-too-distant future history may be written with deference to the old, rich white guys – after all, history is always written by the victors.  But the multitudes who live in subsistence because of the loss of American democracy will not stay there willingly.

The fight for freedom and liberty is never ending and we are at a tipping point in America right now.

Are you an old, rich white guy?  If so, things are working quite well for you and you like the path we’re on.  On the other hand, if you are not an old, rich white guy you will care deeply about this far sooner than you might imagine.  When it starts to pinch, you will squeak and you will fight back.  What do you suppose it will look like when 310 million Americans who are not old, rich white guys are doing that?  I fear for us, because we always seem to wait too long to act and we have always been a violent society.


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Crunch Time For Illinois Residents


Uncle Sam Wants YouThere are times that require that we stand up and say what we stand for.  This is one of those times in Illinois.

I’ve written extensively about big money being the mother lode driving the dysfunction in our politics and this is a critical time for doing something about that.

We are very close to Illinois becoming the 15th State to pass a formal resolution to demand the overturn of Citizens United, the Supreme Court decision that is eating at the core of our democracy.

With the help of so many Illinoisans, Senate Joint Resolution 0027 (SRJ0027) passed both the Illinois State Senate and the Illinois House Judiciary Committee and is on the way to the floor of the House for a vote.  We need only one more vote to pass the resolution and send a powerful message to Congress that we want our America back.  With your help, we’ll be able to start solving our very large challenges, like getting Congress to pass meaningful gun legislation, as 90% of Americans want.

Please call your Illinois state representative (not your state senator) and ask him/her to VOTE YES ON SJR0027 when it comes up for a floor vote, which may happen in the next 24 hours.

If you don’t know who your state representative is:

In Cook County, go to: http://www.cookcountyclerk.com/elections/deo/Pages/default.aspx and input your address (number, street name and zip only). Then scroll down to the Illinois House of Representatives section to find contact information for your representative.

In Lake County, http://www.lakecountyil.gov/IWantTo/Find/Maps/Pages/ClosetoHome.aspx.  Follow the 4-step process to find contact information for your representative.

THEN PICK UP THE PHONE AND TELL THEM YOU WANT YOUR REPRESENTATIVE TO VOTE YES ON SRJ0027.

Thanks for all you  do!

“If someone like you doesn’t care a whole lot,
nothing is going to get better. It’s not.”  – Dr. Seuss


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

It Ain’t Easy – And Their Mothers


ImmigrationBefore you decide that those who see the immigration issue quite differently from the way you see it as having brains operating at sub-optimal levels, consider a few things.

First, let’s be clear that the issue is about non-citizens who are in America without the legal right to be here.  Many of them are people who arrived with a valid visa and stayed beyond the expiration of their documentation.  Some arrived without the legal right to do so.  Likely, there are other descriptors for these folks, but all share an important characteristic: They broke the law.

It doesn’t matter if they did it with that intention before entering America or things changed once they were here and they did not want to or could not leave.  All of those are simply stories of explanation and they do not change the fact that they broke the law.

There is a substantial imperative from our sense of right and wrong that wrongdoing deserves consequences.  Our sense of right and wrong is offended when a wrongdoer gets away with it.  Doubt that?  Consider your feelings about the Goldman Sachs creeps who promoted worthless mortgage backed securities to their clients while at the same time dumping their own holdings of those securities.  That’s called fraud, but not one of those guys has been prosecuted.  One more time: How do you feel when wrongdoers get away with it?

Of course, our immigration issue isn’t that simple.  If the estimates are correct we have somewhere in the vicinity of 12 million people here without permission.  Catching, prosecuting and deporting that many people is simply not do-able – that’s a limit of logistics.  Sure, we can make a show of it, but that would be substantively meaningless.

The 14th Amendment to the Constitution says that people who are born in America are American citizens, regardless of the nationality of their parents.  What will we do with the Made-In-America children of our non-citizens?  We tried to take a step forward on that with The Dream Act, but the knuckle-draging, fanged droolers in Congress shot it down.  Do we prosecute and deport the parents, leaving their minor children to be wards of the state?  Do we deport the kids, too, even though they are American citizens?

The people who are here illegally are paying Social Security tax, Medicare fees, sales taxes, real estate taxes and they help to support our communities in many ways.  They contribute to society as friends and neighbors and many of them do jobs that you won’t do, but which need to be done. That complicates things.

But what about the people who have been standing in line for a long time, following the rules to become naturalized Americans?  How could it be fair to them to allow those who broke the law to have the same opportunity and to be in line with them?  It seems that there are a lot of balls to juggle to arrive at a solution that is fair and reasonable to everyone.

And there is one more aspect to consider – it’s found in the mirror.

We have all been complicit in allowing people to be here illegally because we have liked and benefited from the low skill jobs that get done because there have been people here we could exploit.  We haven’t prosecuted employers for knowingly employing those folks and paying them poorly.  We’ve made stabs at requiring employers to verify the right to work of employee candidates but at the same time we have prevented employers from being able to access the information necessary to know whether they are complying with the law.  We have consistently refused to dedicate the necessary resources to stop people from entering this country illegally.  To put all the blame and consequences onto those here illegally is hypocrisy.

There is a good chance that Congress will either find a compromise that satisfies nobody and frustrates everybody or it will do its now-familiar polarization dance, with the knuckle-dragging, fanged droolers once again trying to sound like tough, patriotic Americans, but succeeding only in preventing us from solving our problem.  Whatever we decide to do and whatever your point of view on this issue, just get that immigration is a lot like many other issues, in that it is more complex than we’d like it to be and a simple black-and-white analysis is willfully blind and of no value.

Okay, this is switching topics – slightly – but it may help to understand the black-and-white types in our midst.

That “no value” part of a simple black-and-white analysis is true, unless you’re up for re-election.  Then doing whack-a-brain stupid stuff like casting a polarized vote that goes against the will of the American people may get you lots of special interest campaign cash.  Think about that the next time some American flag pin wearing legislator googles their eyes and proudly froths out dingbat stuff.  How proud their mothers must be.


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Special Ice Cream Edition


bjlogoWhatever your issue, budget, debt, global warming, immigration, guns, healthcare, civil rights or any other topic, the reason things aren’t getting better is because of something that controls your issue: Money.  Big money.  Big money that influences elections, politicians and distorts the will of the people into the will of the very few enormously wealthy people.  For more on that, take a look at Larry Lessig’s TED talk.

Should you doubt that big money influence is preventing the will of the people (that’s you) from being done, just recall the recent vote on background checks prior to gun ownership.  Have you ever seen an issue in the United States where 90% of the people were in agreement?  That’s highly unusual and one would expect those who represent us to get the message and vote accordingly.  Didn’t happen that way.  Enough of our politicians flagrantly voted against our wishes because of big money influence and they caused the wrong result.

The Ben and Jerry’s Ice Cream guys have something to say about that.  You can read about it here on the CNN Opinion blog.  They explain it better than I do.

Just because those gun money politicians defeated the sensible gun ownership background check that you wanted doesn’t mean that they can defeat everything that we want.  We Money StampAmericans are united in opposition to big money buying our elections and our country.  So, get off your Barcalounger, get a stamp here and get the message out so that next year we will elect candidates who will begin to make things right.

Is this issue important to you?  Comment below and then email this to 3 friends.


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

For Purist Lefties and Windshields


WindshieldI’m surely talking to myself here, but this just might fit for others, too. JA

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The Radical Right provides enough material in a single sentence of extremism than can be corrected in a 750-word response.  I’ve heard as many as three fictional facts in a single short sentence.  Let them go on for two minutes and it’s such a dizzying array of fantasy that it’s impossible to know where to begin to correct the falsities.  Those guys know how to spray incendiary, divisive and destructive language.  They’re really good at demanding that everything be decided their way and insisting that that they never make mistakes.

For example, don’t you just hate it when the far righties tell us how safe George W. Bush kept us?  Try telling that to the kids whose mother or father was crushed to death in the collapse of the World Trade Center buildings.

Those far righties want to end Medicare and Social Security and they have concocted fatuous, misleading names for the programs they designed to do just that.  Then they have had the gall to tell us that they don’t want to end those programs.

When 20 little kids were gunned down in Newtown, CT the far righties made sure that we didn’t do anything to begin to limit access to the kinds of weapons that make it easy for violent people to do such things.  They insist with self-righteous fervor that they have the one true interpretation of the Second Amendment and they ignore the demands of the rest of us, as they pursue campaign cash to support their careers.

So we call these people crazy.  They are hateful and mean.  They are dishonest in sixteen different ways.  Our guts snarl and our spittle flies as we yell at our windshields.

To pull a Columbo, there’s just one more thing.

What is it that you were saying as President Obama worked toward compromise with congressional Republicans during all those iterations of budget and debt issues?  What was it you were saying as he failed to press for universal health care?  Now he’s offered chained CPI as a negotiating chip.  I’ll bet you had serious juice about those issues and your words for him might have sounded a lot like your comments about crazy righties.

Obama let the Republicans kill his jobs bill, even as they were telling us it was all about jobs, jobs, jobs.  You pilloried the Republicans, but did you also lambast Obama for his lack of leadership on the issue?

How many times did you wail that Obama gave up his negotiating leverage by caving in at the beginning of discussions with Republicans?  It seems that President Obama just won’t be the absolutist leftie some want him to be.  Maybe you’ve sprayed a coating on the inside of your windshield over that.

We can keep strolling down the path of all the ways Obama and the Democrats have failed – surely that has happened.  Yet here’s the key point:  governing is compromising and nobody gets all of what they want all of the time.

The Radical Righties have done a really good job of strong-arming America for over a decade.  Their demand that everything be decided in the far righty way is incomprehensible to many; just get that a similar demand from the far left is just as incomprehensible.

For those who get off on anger, who feel powerful by living in their disparagement of anything and anyone who disagrees with them, I have a news flash:  You are a lot like those whom you pillory.

Fight for what you believe in.  Oppose what you disagree with.  Just don’t be so certain that you have the one and only true vision of what is best, lest you become a yet another ideological roadblock and put the inside of still more windshields at risk.


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

The Best Thing That Could Have Happened


Crazy guy with AR-15Sure, it was very simple and would have made only marginal improvement in violence reduction.  Of course, we can characterize it as something that would have been nearly pointless.  Still, the bill went down in defeat and it’s the best thing that could have happened.

Let’s start with what it was and what it was not.  The vote was not on whether to close the so-called “gun show loophole” and require background checks for all sales of firearms.  It was not a vote on whether to create a national registry of gun owners.  It was not a vote on the Second Amendment.  It was a vote on whether to override a Republican filibuster that was preventing even a discussion of the proposed background checks bill.  The gun thumpers won and the rest of us lost.

That’s “lost,” as in putting something ahead of protecting our children.  That’s “lost,” as in cowardice replacing courage.  That’s “lost,” as in willfully refusing to do the job one was hired to do and even lying about it.

The lying is a big piece of what gets under our skin, because it violates our sense of right and wrong.  Sometimes it’s covert, like Wayne LaPierre and his National Rifle Association forcing a watering down of the bill, then lobbying against it, saying that it’s too wimpy to accomplish anything.  Slimy, sneaky stuff like that.

Sometimes the lying is overt, like saying that the bill would create a federal registry of gun owners, which they claim is the next step toward taking guns away from citizens.  Ignore for the moment the good sense of knowing who has which guns.  Focus on this simple fact:  the proposed bill imposes a $15,000 fine on anyone attempting to create such a registry.  That means that all the fools telling us that the bill would create a gun registry were either willfully ignorant or they were lying to us.  How does that feel under your skin?

The 46 senators who voted against defeating the filibuster (same as blocking the bill from a vote) had their reasons.  Perhaps some are true believers in the unintented-by-the-Framers meaning of the Second Amendment.  Maybe they imagine that Second Amendment actually has something to do with anything other than the brand new United States of America needing an army in 1776 and not having the resources to equip it.  Perhaps they get some kind of proud, testosterone rush and a swelling in their chests of patriotic fervor just by thinking about their right to own a semi-automatic Bushmaster assault rifle.  Or maybe it was something else.

Maybe it was their share of the $25 million that the NRA spent on campaign contributions in 2012 and their fear that a challenger would get that money in the next election cycle.  Maybe it was the direct and indirect money they benefited from due to the generosity of Colt Industries and the rest of those in the private citizen killing business.  Maybe they figured that they’d get primaried by a screwball even more Neanderthal than they are, so they did what they did for “the greater good.”

All that rationalizing comes down to this:  Those 46 senators decided that their careers are more important than the lives of our American children.  They see their financial well-being following their senatorial days, as they shift to become highly paid lobbyists, as being more important than the 3.5 Americans who are killed by gun violence every hour of every day of every year.

And now you know.  Now the 90% of Americans who want our communities to be safer know.  And now we have the leverage to do something about it.

There will be a general election in just over 18 months.  That is when we get to tell our legislators exactly how we feel about their cowardice, their self-centered focus and their contempt for the American people.

That is when we get to elect people who will scrap the pitiful bill that was just rejected and replace it with a bill that has a hope of beginning to reduce American gun violence.  We can enact legislation that will require background checks on all transfers of firearms, even those between Grandpa and grandchild, because one of those grandchildren might be like Eric Harris and Dylan Klebold of Columbine infamy.  We can enact legislation that denies assault weaponry to child killers in Newtown, CT.  We can eliminate 33-round clips and 100-round drums of ammunition that were so deadly in a movie theatre in Aurora, CO.  And we can even do something positive to help our mentally ill citizens.

Here’s how Gabby Giffords puts it:

“Mark my words:  if we cannot make our communities safer with the Congress we have now, we will use every means available to make sure we have a different Congress, one that puts communities’ interests ahead of the gun lobby’s.  To do nothing while others are in danger is not the American way.”

That is why this cowardly filibuster override failure is the best thing that could have happened.


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Steam Engines, Headnotes and 91%


mmw_SPrailroad The Fourteenth Amendment to the Constitution was ratified in 1868 and Section 1 of that amendment begins this way:

“No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (bold and italics mine – JA)

Those are the “due process” and the “equal protection” clauses of the Constitution.  Look at the date of the amendment and consider what the amendment says and you’ll be quite clear about its intent: This was entirely about protecting and advancing the condition of former slaves.  In the wake of the Civil War many southerners did whatever they could to retain their former advantage, this to the extreme disadvantage of former slaves, now free in name only, so this amendment was both clear and necessary.

Eighteen years later a lawsuit appeared on the docket of the Supreme Court.  Santa Clara County v. Southern Pacific Railroad was a tax jurisdiction case that tested the provisions of then-new California laws against those of the federal government.  The case was decided in favor of the railroad and, oddly, that turned out to be the least important thing associated with this lawsuit.

The court reporter for the Supreme Court was Mr. J. C. Bancroft Davis.  He, like other court reporters of his day, was far more than a stenographer for the cases presented before the court.  Back then the job of court reporter was a most prestigious position and Mr. J.C. Bancroft Davis was actually paid more money than Chief Justice Morrison Remick Waite.

Recordings of the proceedings were made with up to-the-moment technology, ink pen and paper, and Mr. J.C. Bancroft Davis had the good fortune to be allowed to publish his recordings of the proceedings and collect royalties for his efforts.  Along with his best efforts to record the case by hand, he was allowed to publish what were called “headnotes”.  These are comments of the court reporter and were not part of the court’s opinions or rulings, nor intended by the court as legal precedent.  Indeed, headnotes were not even from the court proceedings, but were solely the comments of the court reporter.

Here is what Mr. J.C. Bancroft Davis wrote in his headnotes to the publication of the proceedings of the Santa Clara County v. Southern Pacific Railroad case:

The defendant corporations are persons within the intent of the clause of Section 1 of the Fourteenth Amendment to the Constitution of the United States  .  .  .  “

Corporate “personhood” was not tested before the court in this case; remember that this was a simple tax jurisdiction issue.  That makes what followed Mr. J.C. Bancroft Davis’ writings the strangest part of this case:  Davis’ headnotes, his editorial opinion, has been cited as precedent for all of the efforts to give corporations the same rights as flesh and blood human beings ever since.

That’s right: A constitutional amendment that was designed to protect former slaves was and is being used to give artificial personhood to inanimate corporations.  It is what is allowing billions of corporate dollars to influence our elections and bend legislation and regulation to the desires of those same corporations.  It is what drives huge cash contributions to political candidates and influences voting in Congress.

Right now 91% of Americans want universal background checks and registration for all gun sales.  Legislation to accomplish that is clumsily being cobbled together in Congress but getting our corporately influenced legislators to do the will of the people is proving to be really difficult.  And to reemphasize the insanity causing that, the engine driving congressional intransigence is based not on the decision of a court, but on an editorial opinion of one court reporter

That strange and damaging precedent was set one hundred forty five years ago and we are still feeling its effect, perhaps now more than ever.  Likewise, the decisions we make today will be felt by our descendents one hundred forty five years from now.  That is to say, just as sure as the flow of impact from Mr. J.C. Bancroft Davis’ headnotes to us, there will be an impact of what we do today on our great-great-great-grandchildren when they are adults just like you.

You can be passive and do nothing; that is your right as an American.  After all, you have the right to vote, but not the legal obligation.  You have the right to appeal to your elected officials to act as you prefer, but that is not a requirement of citizenship, either.

On the other hand, you might want to close your eyes and envision the America you want for your children, your grandchildren and, if you can see that far, for your great-grandchildren.  Likely, if you do nothing, that’s not what they’ll inherit.  Indeed, unless you speak up, the vision of people who want a very different America from the one you want will be the America of tomorrow, because those people will be the only ones talking.

Perhaps you really do have something to say to your legislators.  Go ahead.  Tell them.  Now.


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

Human Being 101 – No, Really


83% of Americans – including NRA members – want universal background checks before gun ownership changes.  That means mandatory background checks before sales at retail stores, at gun shows, private sales and even when Grandpa tearfully hands his lovingly preserved hunting rifle to his grandchild.  We want to ensure that the recipient of the firearm isn’t a homicidal maniac.

Over 65% of us believe that climate change is both real and that human beings are contributing to it in significant measure.  Two out of three Americans believe we should be taking action to stem the tides that trash our coastal cities and the drought that is scorching our fields and limiting our agricultural yields.

99% of Americans believe public education is both right and necessary for the future welfare of our children and our nation.  67% believe we need to expand pre-school education because studies have shown beyond a shadow of a doubt that early childhood education leads to greater success in life.  Not surprisingly, parents in America want that for their kids, regardless of their present economic situation.

Over four out of five Americans believe in a strong national defense, while at the same time they believe that we cannot and should not engage in continuous war.   Over 90% of Americans believe that we spend far too much on military hammers, toilet seats, and unnecessary hardware and want to see a substantial reduction in those expenditures and a lot of common sense applied to the Pentagon’s activities.

Just short of 100% of Americans believe that we should stop granting tax exemptions to the world’s most profitable entities, like big oil, big finance and big anything with idyllic island locations to park their billions of dollars tax-free.

The frog boil of healthcare cost escalation that has run concurrently with a worsening of medical outcomes relative to the rest of western civilization has at last caught the attention of the majority of Americans.  They want the system fixed, not more scary slogans.  They want reasonably priced healthcare and world-class outcomes.  They want an end to the one out of two personal bankruptcies that are caused by catastrophic medical bills.  In short, they want what so many other western countries provide.

Q.  What do all of these situations have in common?

A.  Congress refuses to act in accordance with the will and desires of the majority of Americans.

Now, why is that?  The people we send to Washington to represent us are privy to the same information as the rest of us.  They certainly aren’t so bereft of intelligence that they don’t get it.  So, what explains the refusal of congress to do our will?

Turns out that it’s all about Human Being 101 and its first imperative, preservation of self.  To see how that works, you have to step through a logic tree.  Here is how it works:

  1. Politicians very often act like people, in that they focus on self-interest, which for them is to get elected and then stay in office.
  2. A successful campaign requires lots of television and radio advertising, which is hideously expensive, so candidates must raise a lot of money.
  3. It is very difficult to raise anywhere near enough money for a successful campaign through small, individual contributions, so candidates must solicit big contributions.
  4. By far the biggest contributions come from corporations and big money individuals who can contribute unlimited “soft money” to SuperPAC’s, which will air lots of television advertising for its candidate.
  5. The money from all of those people and corporations is necessary for the next election, too, so politicians, once elected, refrain from actions and votes that might be objectionable to the big bucks contributors.
  6. Sometimes, that puts politicians at odds with the vast majority of Americans, as they vote in favor of the interests of people who are their big contributors, and against the will and interests of those who are not.

At root, if We The People want our will to be done, like the issues listed above, we have to remove the core driver of our political dysfunction.  We cannot change human nature and politicians will continue to do what is in their self-interest.  What we can do is to demand change to political fund raising, the engine of our national political dysfunction.  Until we do that, we’re just swatting at symptoms.

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Editorial note: The statistics presented in this essay are approximate due to time limitations for sourcing.  However, they are spot-on correct in their meaning.  You can look it up.  JA


Copyright 2024 by Jack Altschuler
Reproduction and sharing are encouraged, providing proper attribution is given.

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