States to Protect Health Care Freedom?

November 19, 2009

(Guest Post by Matthew Ladner)

George Will wrote a column today about an effort to protect Arizonans from being forced to buy health insurance or to ban the right to privately purchase medical care by Obamacare.

If Obamacare passes, the people of Arizona may give it the proverbial single finger salute. Other states may as well.

The proposed initiative reads:

No law shall be passed that restricts a person’s freedom of choice of private health care systems or private plans of any type. No law shall interfere with a person’s or entity’s right to pay directly for lawful medical services, nor shall any law impose a penalty or fine, of any type, for choosing to obtain or decline health care coverage or for participation in any particular health care system or plan.

Clint Bolick notes that the federal protection of individual rights have always served as a floor, not a ceiling. If both Obamacare and this language passed, an interesting legal battle would ensue. Money quote from the column:

The court says the constitutional privacy right protects personal “autonomy” regarding “the most intimate and personal choices.” The right was enunciated largely at the behest of liberals eager to establish abortion rights. Liberals may think, but the court has never held, that the privacy right protects only doctor-patient transactions pertaining to abortion. David Rivkin and Lee Casey, Justice Department officials under the Reagan and first Bush administrations, ask: If government cannot proscribe or even “unduly burden” — the court’s formulation — access to abortion, how can government limit other important medical choices?

How indeed? This would all be much better if judges simply rediscovered an ability to read the 9th and 10th Amendments to the Constitution, but if you can’t “unduly burden” abortion how are you supposed to “unduly burden” an individual’s right to pay a heart surgeon or have an appendix removed?

Hopefully the Senate will kill Obamacare, but if not, the fight can be carried on by other means. If some states passed such amendments and other did not, get ready for the second great doctor migration. I had a Canadian doctor growing up in southeast Texas in the 1970s. Any guesses why?


Reading Osama bin Laden his Miranda Rights

November 18, 2009

(Guest Post by Matthew Ladner)

Oh.My.God.Becky! Senator Lindsey Graham demolishes Eric Holder.  Pop some popcorn and check it out here.


Public Education and its Enemies

October 29, 2009

(Guest Post by Matthew Ladner)

In the final scene of Shakespeare’s Henry V, the French sue for peace after Henry’s triumph at Agincourt. While the French king is away negotiating the final terms, Henry uses the opportunity to woo the King’s daughter Katherine to become his Queen.

Katherine is cool to this idea, but slowly warms to the notion under the glare of Henry’s charm. Finally, she asks “May it be possible zat I should love zee enemy of France?”

Henry replies:

“No Kate, it is not possible. For in loving me, you shall love the friend of France. For I love France so much that I will not part with a village of it.”

I think of this line often when K-12 reactionaries try to play the “well, I support public education” card. This you see, is supposed to put a reformer on a defensive and get them to scramble to say that they support public education too!!!

Nice try, but for my part, I have this to say: don’t tell me how much you love public schools unless you are willing to do what it takes to make them work for kids.

Yesterday Marcus Winters released a study showing that charter schools in NYC improve public school performance, especially for disadvantaged children. The effect sizes were modest, but what more can you expect given that the state still has a cap for the number of charters? The cap should be removed, and private choice options created.

Research has firmly established that ineffective teachers severely harm the education of children. Who is the enemy of public education- those who want to preserve tenure at all costs, or those who want to remove ineffective teachers from the classroom?

Last year, I was at a conference in Arizona. A philanthropist spoke movingly about the need to raise Arizona academic standards to internationally competitive levels. An assistant Superintendent of a tony school district said “We can’t meet the standards we have now, the last thing we should do is raise them.”

Who is the enemy of public education- the philanthropist or the administrator?

Later in that same meeting, I made a presentation about Florida’s success in improving public education, including the curtailment of social promotion to compel literacy training. One of the educators in the audience replied “I don’t want to see 9 year olds rolling on the ground crying because they don’t get to advance with their grade.”

That, you see, would be inconveint to her. It would be much less messy to simply pass the child along illiterate until he or she drops out in the 8th grade.

Who is the enemy of public education- me or her?

The reactionaries cleverly try to equate pouring more money on this broken system as compassionate. Balderdash. It is the goals of public education that people should be committed to, not any particular delivery mechanism, nor the employment interests of the adults working in the all-to-often dysfunctional system. We’ve tried the pour money method for improving public schools, and it failed miserably.

Show me don’t tell me how much you love public schools, apologists. As your critics multiply across ideological lines, the time has come to put up or shut up. I love public schools so much that I am willing to put in the right incentives and policies to make them work for a far larger number of children.

How about you?


Why Did They Make the Roadblocks?

October 27, 2009

 

President Obama’s declaration of a national emergency regarding swine (H1N1) flu reminds me of the Saturday Night Live fake ad for robot insuranceObama’s declaration was described by the AP as having “the goal … to remove bureaucratic roadblocks and make it easier for sick people to seek treatment and medical providers to provide it immediately.”  This raises the question, why were there bureaucratic roadblocks in the first place?

Similarly, in the SNL fake ad for robot insurance, Sam Waterston is the spokesman for Old Glory Insurance Company.  Their policy offers to protect anyone over the age of 50, regardless of previous health condition, against robot attacks.  One elderly woman in the ad wonders: “I don’t know why the scientists make them.” 

I guess we have bureaucratic roadblocks to medical care for the same reason scientists make robots that attack old people and eat their medicine for fuel — so that someone can protect us against these problems.

The good news, according to Mickey Kaus, is that the spread of the swine flu might not be as bad as media outlets are reporting.


The John Stuart Mill approach to Health Care Reform

October 21, 2009

(Guest Post by Matthew Ladner)

JSM once noted that if government would simply require an education, that it might save itself the trouble of providing one. He could have added trying to provide one at enormous cost, but let’s not quibble over details.

This was the approach to the Romney reform in MA, but that reform ignores the fundamental problem with our system: third party payers create a powerful incentive to ignore costs. The Romney plan did not address this central problem.

If you don’t believe it, give me an unlimited line of credit with your money at a Vegas casino and watch me transform into a gambling fiend.

The New York Times published an important piece suggesting a brilliant compromise: the government should mandate insurance, but only catastrophic insurance.

This would introduce supply and demand back into most of the health care market, which is precisely what is needed in order to curtail costs and thus prevent the continuing loss of coverage (which is a symptom, not the disease).

Government policy (both in the tax code and from Medicare and Medicaid) is directly responsible for the out of control costs we have experienced. Having quasi-socialized the health care system but without gaining monopoly power to dictate terms to health professionals, politicians have created a culture of “anything goes” in health care.

Paul Tsongas said it best “America is the only country that pretends that death is optional.”

The government, in essence, has created a health care culture which rejects the very essence of a government run plan, which is bureaucratically rationed care. Notice the scrambling to pretend that there are “no death panels” in the plan kicking around Congress. This is of course meaningless, as if there are no death panels there soon will be under a new name: Eurocare is all about having bureaucrats make cost/benefit decisions about health care. They withold treatment to 78 year old men with prostrate cancer so they can spend their limited resources on prenatal care.

Forget about arguing the ethics of Canadacare: after decades of anything goes Americans won’t go for it. If the Democrats pass it anyway, they are likely to rue the day. Put in death panels = driving off a cliff. Expanding coverage without rationing and death panels = faster fiscal suicide.

We’re caught in a trap…can’t walk out!

It seems to me then that some sort of catastrophic mandate/increased out of pocket expenses/health savings account approach outlined in the Times article far more profoundly sensible than the fiscal/political suicide pact currently under discussion.

Munchausen by proxy syndrome in health care might have been great fun for the politicians while it lasted, but with a $1.4 trillion dollar deficit this year, we can no longer afford it.


The Unions Have Lost Nick Kristoff

October 15, 2009

(Guest Post by Matthew Ladner)

Read it and weep K-12 reactionaries.

P.S.

Somewhere, John Rawls is smiling.


Nominee for the Al Copeland Humanitarian of the Year Award — Fasi Zaka

October 14, 2009

After triumphing over Nazism and Communism in the 20th century, liberty faces a new threat in this century — radical Islam.  This threat is being counteracted (we hope) by diplomacy with potential allies, force against enemies, and high-minded speeches to remind all that the cause of liberty is right and the cause of tyranny is wrong.

In addition to all that, there is another essential element in the arsenal of liberty — ridicule.  Tyrants of all stripes, in addition to being monstrously cruel and evil, are also almost always laughably, pathetically, and outrageously ridiculous.

Charlie Chaplin realized this when he mocked Hitler in  The Great Dictator.  In Dr. Strangelove, Stanley Kubrick portrayed the communist leader as a weepy drunk and the war-mongering general as a paranoid suffering from ED.  South Park has portrayed Osama Bin Laden as the slapstick LooneyTunes villain, Wile E. Coyote.  The Daily Show and Colbert Report make their living off of puncturing the pomposity of politicians.  Humor may not be the best weapon against tyrants, crooks, fools, and all other kinds of politicians, but it is a very important one.

But Chaplin, Kubrick, Parker, Stone, Stewart, and Colbert have mocked tyrants from the safety of the free world.  Fasi Zaka does it from the front lines.  Zaka is a Pakistani radio DJ — a shock-jock — and host of a TV news parody show, News, Views, and Confused.  Given long stretches of military rule, government censorship, and death threats from extremists, Zaka can’t and doesn’t address oppression in Pakistan head-on.  Instead, he flirts with the issues, poking fun at the Taliban and corrupt and incompetent Pakistani leaders with social satire more than political criticism.

For example, Zaka mocks the Taliban for smelling bad rather than for beheading opponents and suicide bombings.  As an LA Times profile described his approach:

So when a guest host, a character named Mr. Enlightened Moderations, poked fun at fundos , slang for Islamic fundamentalists, it was not for any extreme religious views but for poor dress sense, aversion to after-shave and limited use of deodorant. “You sound like a  fundo,” he’d say accusingly to callers. “You doesn’t even wears a deo, smelly boy.”

By mocking tyrants and their followers Zaka makes them seem uncool.  Making them uncool may limit their power more than a speech on their logical errors.  Remember that young men were drawn to Nazism in part because they wore shiny boots and neat brown shorts.  It was a struggle whether people would perceive fascism as the trend of the future or a group of buffoons singing Springtime for Hitler.  Buffoons who smell bad don’t attract girls, so young men are much less interested in movements that are uncool.

Not everyone agrees with Zaka’s humorous approach:

Some critics say Zaka is squandering a golden opportunity to be constructive and foster moderation in a confused younger generation.  “It bothers me when people do silly entertainment shows when we really need people to make a difference,” says Mani, another radio host.

Radio hosts don’t have to be boring and didactic to get their message across, counters Zaka, pointing to frequent discussions on extremism, women’s equality and the violence sweeping Pakistan. “They presume preaching is the way for change,” he says. “It isn’t.”

Zaka can be serious.  He is, after all, a Rhodes Scholar who was educated at Oxford.  And he regularly writes op-eds with more standard political criticism.  But it is his humor and ridicule that are really advancing the cause of liberty.

I make no claim that  Fasi Zaka is as funny as Charlie Chaplin, Steven Colbert, and the others.  The parts not in English seem even less funny, but you can check out a clip of his TV show here:

And like Chaplin, not all of Fasi Zaka’s political views are necessarily desirable.  Again, Zaka is worthwhile because he mocks bad guys, not because he’s a sound political analyst.

While Zaka may not be the funniest of these satirists for freedom, he is clearly one of the most courageous.  Making crap of the Taliban and military dictators is a real contribution to improving the human condition and makes Fasi Zaka worthy of a nomination for the Al Copeland Humanitarian of the Year Award.

(edited for clarity)


Happy T-1 Peoples Day

October 11, 2009

Controversies surrounding the celebration of Columbus Day raise a number of interesting questions.  Unfortunately, many of the new answers offered are at least as simplistic and historically false as the established answers they are meant to replace. 

It is true that Europeans confiscated land on which other people lived, sometimes intentionally killed those people through war or disease, and more often unintentionally killed those people with disease (this was, afterall, before the development of the germ theory of disease or any practical means to control its spread).

While there is no doubt that Europeans confiscated land in the Americas from other people, we almost always fail to ask how those people came to possess that land.  We regularly refer to the people from whom Europeans confiscated lands as Indigenous Peoples or First Nations, but those terms are clearly inaccurate. 

Indigenous means “having originated in and being produced, growing, living, or occurring naturally in a particular region or environment” and first is defined as “preceding all others in time, order, or importance.”  Neither term correctly describes the connection between the people whom the Europeans displaced and the land from which they were displaced.  Those peoples neither “originated” from nor preceded “all others in time” on that land.  Instead, those peoples confiscated that land from other groups of people who preceded them, often through war and disease.  And those displaced people confiscated the land from people before them, and so on.

It would be more accurate to describe the people from whom the Europeans confiscated land as the “T-1” Peoples because they were the people in possession of the land in the prior time period.  And those T-1 Peoples confiscated the land from T-2 Peoples, who in turn took it from T-3 Peoples, etc….

This all raises some very messy and complicated questions about how a People can have a legitimate claim to a land.  You can’t just declare that history starts whenever it suits you.  Being a T-1 People does not make them the “first” or “indigenous.”  There was a history before that with its own prior claims of ownership.

Just to illustrate this messiness — much of the land around the Dakotas was in the possession of a group of Sioux known as the Lakota when large number of European descendants arrived in the area.  The struggle between these European-Americans and Lakota culminated in the massacre of Lakota at Wounded Knee and their confinement to reservations.  This chain of events was filled with suffering and cruelty inflicted on the Lakota and has been cited by activists to justify claims of expanded control over land in that area by the Lakota descendants. 

But how did the Lakota come into possession of that land before large numbers of Europeans arrived?  The Lakota can be traced to the Great Lakes area (and almost certainly came from somewhere else before that).  They were pushed west by the Ojibwe as the Ojibwe were pressured by the westward expansion of the fur trade.  The Mandan and Hidatsa blocked the Lakota from crossing the Missouri river, but eventually their resistance was weakened by disease and the Lakota were able to conquer the grassland in the Dakotas.  In doing so they also pushed west the Shoshone, who were struggling for that same valuable grassland.

So, who has the rightful claim to that land?  Is it the Lakota, because they were in possession of it before large-scale arrival of Europeans?  What if descendants of the Shoshone, Mandan, or Hidatsa showed up, could they legitimately claim the land as their own?  What about the descendants of the various peoples who preceded all of these groups?

Only simple-minded college students and slogan-shouting activists could say that Europeans stole that land from the indigenous people, massacred its people, and ought to give it back.  The problem is that all land has been stolen countless times, with round after round of massacres, and an endless string of confusing claims to rightful ownership.  Being the T-1 People is hardly a sufficient justification for the legitimate possession of land. 

If college students want to think seriously about these issues, they should discuss multiple, practical criteria for legitimate ownership of land, which might make them appreciate some of the messy compromises that explain status quo arrangements.


More Humanitarian of the Year Awards

October 9, 2009

 
At first I thought it was a joke, but no… the Nobel Peace Prize was awarded to Barack Obama.  He can now join unrepentant terrorist, Yassir Arafat, and fictional autobiography writer, Rigoberta Menchu,  in having received that honor.
 
Regardless of what one thinks about President Obama’s strategy for producing greater world peace, I think all can agree that it is a strategy that has yet to produce meaningful results.  It seems quite strange that the Nobel Peace Prize has gone to someone who hopes to produce peace without having achieved much of anything in the way of actual peace. 
 
There’s been no change in the situation with regard to Israel and the Palestinians.  There’s been no (positive) change with respect to Iran’s nuclear ambitions (and there have been some considerable negative developments). The situations in Iraq and Afghanistan have deteriorated significantly over the last year.  Other than a bunch of speeches, what good has actually been accomplished?
 
I just have to repeat that Al Copeland, the founder of Popeye’s Chicken, is more worthy of this kind of prize.  At least he actually did something to improve the human condition — like give us spicy chicken.

Showdown to go nuclear

October 6, 2009

(Guest Post by Matthew Ladner)

Fascinating analysis from Stratfor.com (you can sign up for free content) makes the case that it is almost showtime on the issue of Iranian nuclear weapons

The Israelis have presented evidence to the Russians of Russian scientists being deeply involved in the Iranian bomb development program. It looks like what is being set up here is a red pill/blue pill scenario where the Russians will either have to support crippling sanctions or Israel and/or USA will take action on their own. You take the red pill, and we try sanctions. You take the blue pill, and we’ll see how much bombing the Iranians can take.

Given that much of the Iranian people already hate their regime with a well-deserved purple passion, why not try an intermediate approach? The U.S. Navy could blockade the Persian Gulf for Iranian oil shipments, and announce that the Iranian people have a set amount of time to accept U.N. weapons inspectors before a catastrophic bombing campaign begins aimed at not only destroying any nuclear capacity but also the Iranian military.

The President could tap the Strategic Oil Reserve here in the United States to ease the pain. The Iranian economy and body politic would be thrown into chaos, and there would be a chance that the Iranian military would make a rational decision regarding self-preservation.

If we had to bomb anyway, no one could say that President Obama failed to go the extra mile to avoid war.

For those of you who are instinctive multilateralists, don’t forget that Iran signed the Nuclear Nonproliferation Treaty. If such treaties are to have any meaning, they must be enforced.