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Why George Washington would disagree with the right wing about health care’s constitutionality.

Yesterday, Virginia Attorney General Ken Cuccinelli announced that he would join a growing list of right-wing attorneys general who are suing to have health reform declared unconstitutional. According to Cuccinelli, the new law’s provisions that require individuals to carry health insurance violate the Constitution because “at no time in our history has the government mandated its citizens buy a good or service.” The truth, however, is that the Second Militia Act of 1792, required a significant percentage of the U.S. civilian population to purchase a long list of military equipment:

gilberts[E]very citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

This Act became law only a few years after the Constitution was ratified, in President George Washington’s first term. Many of the Members of Congress who voted for the Act also were members of the Philadelphia Convention that wrote the Constitution. In other words, they probably knew a little bit more about the Constitution than Ken Cuccinelli.

Update

This afternoon, TP’s Ian Millhiser discussed the conservatives’ legal attacks. “If Congress can’t pass laws regulating health care, Medicare is unconstitutional. Medicaid is unconstitutional. SCHIP is unconstitutional,” he said. Watch it:

Justice

REPORT: How To Implement A Repeal Of Don’t Ask, Don’t Tell

DadtReportToday, the Center for American Progress released a new report urging President Obama and his national security team to “begin working directly with Congress to enact legislation decisively overturning” the military’s Don’t Ask, Don’t Tell policy. Emphasizing that the Pentagon’s ongoing review is designed to study how rather than whether the policy should be overturned, the report argues that Congress should act swift and decisively to repeal the policy.

To that end, it reviews the experiences of Great Britain, Canada and Israel and concludes that any repeal “of Don’t Ask, Don’t Tell [must] not be perceived as a complicated puzzle requiring complex solutions to minor problems.” The report notes eight areas “where we believe the military must change rules and regulations in order to effectively implement the new policy”:

1. Training: Mandate that the Department of Defense make sexual orientation part of existing servicewide nondiscrimination training programs.

2. Legal issues arising from repeal: After “Don’t Ask, Don’t Tell” is repealed, there will be no federal law prohibiting service members’ same-sex partners from receiving certain benefits afforded to the same-sex partners of civilian DoD employees and employees of other federal agencies, including the State Department. Certain benefits can be provided if the president revises and reissues his June 2009 White House memo on same-sex domestic partners to include the military services.

3. Housing and common-use facilities: Signal clearly that the military will not segregate housing, showering, and other common-use facilities based on sexual orientation.

4. Benefits: “There is no federal law (beyond “Don’t Ask, Don’t Tell”) that prohibits the president from applying the June 2009 White House memo that establishes a procedure for extending certain benefits to the same-sex partners of federal civil service employees to same-sex partners of service members.

5. Code of Conduct issues: Congress should repeal the ban on sodomy in the Uniform Code of Military Justice, which is rarely enforced on heterosexuals, and replace it with a ban on all sexual acts that undermine good order and discipline.

6. Discipline and promotion: The military’s equal opportunity program should be amended to include issues of sexual orientation, as discussed in the training section.

7. Retroactive compensation and reinstatement: DoD should allow previously discharged service members the opportunity to re-enlist provided that they meet all other age, fitness, moral, and educational standards as all other prior service members must.

8. Health concerns: Existing health regulations are adequate and do not need to be revised, including pre-entry HIV testing and regular testing for active duty service members and troops about to deploy.

Defense Secretary Robert Gates “will lay out elements of the department’s strategy to repeal the prohibition on openly gay and lesbian servicemembers later this week.” Whether he’ll consider implementing any of the above recommendations before completing the year-long review is unclear.

Politics

Neugebauer Won’t Apologize To House For Outburst That His GOP Colleague Calls ‘More Wrong’ Than Joe Wilson’s

On Sunday night, as Rep. Bart Stupak (D-MI) was in the midst of a speech advocating for the passage of health care reform, a Republican lawmaker yelled “baby killer” at the pro-life Democrat. The heckler was initially unknown, but yesterday Rep. Randy Neugebauer (R-TX) issued a statement admitting that he yelled at Stupak and apologized for his behavior. Neugebauer claimed, however, that his outburst was not personally directed at Stupak:

Last night was the climax of weeks and months of debate on a health care bill that my constituents fear and do not support. In the heat and emotion of the debate, I exclaimed the phrase ‘it’s a baby killer’ in reference to the agreement reached by the Democratic leadership. While I remain heartbroken over the passage of this bill and the tragic consequences it will have for the unborn, I deeply regret that my actions were mistakenly interpreted as a direct reference to Congressman Stupak himself.

“I have apologized to Mr. Stupak and also apologize to my colleagues for the manner in which I expressed my disappointment about the bill. The House Chamber is a place of decorum and respect. The timing and tone of my comment last night was inappropriate.”

Rep. Michele Bachmann (R-MN) downplayed Neugebauer’s outburst in an interview with Politico, saying that she doesn’t “think it’s going to be as big a deal as” Rep. Joe Wilson’s shouting “you lie” at President Obama while he was addressing Congress. Rep. Darrell Issa (R-CA), however, told Don Imus today that the “baby killer” incident was “more wrong” than Wilson’s because he thinks it was a “personal attack” on Stupak’s motives. Watch it:

In an interview with CBS News today, Stupak said that Neugebauer “did call and apologize and he said it wasn’t directed towards” him personally. He added that if that is true, then Neugebauer should apologize to the entire House on the House floor:

But, because Neugebauer said the remark wasn’t directed personally at Stupak, the Michigan congressman said his colleague should apologize to the whole House.

“If that’s the case then it must have been directed toward the rest of the members of the House, and I would hope that Randy would just clear it up and take to the House of the floor [sic] and say ‘look I didn’t mean to offend anyone and if i did I apologize.’” Stupak said. “That’s what he should do and that’s what I would expect him to do.”

Neugebauer, however, has no intention of making such a public apology. On a conference call with reporters today, he said he wouldn’t apologize on the floor, adding, “If I don’t apologize they may bring some kind of action against me on the floor. But you know what, they’ll just have to do that because I am not backing down.” Neugebauer, who is following in Wilson’s footsteps by raising money off of his embarrassing outburst, said that “Americans all across the country are speaking out in favor of what” he said and “they are so appreciative that” he “stood up and called a spade a spade.”

Transcript: Read more

Yglesias

Endgame

I knew there was something that we never had:

— Academia in Italy seems pretty messed up.

— Rooftop cooking oil.

— These idiot stunts wouldn’t work if reporters refused to play along.

Manifesta revisited.

— New East Jerusalem settlements approved hours before Bibi-Obama meeting.

— Washington Post is buying up bloggers fast, so count on me to say Tom Shales is being absurd.

What better way to honor socialism’s arrival in the United States than with Swedish pop sensation The Sounds’ “Living in America”

Climate Progress

Activists Sing Out Against Coal Mining’s Destruction Of Our Heritage And Future

On Sunday, activists sang the gospel of stewardship to Chase Bank, which finances 80 percent of mountain-top removal mining in Appalachia. Reverend Billy and the Church of Life After Shopping (formerly the Church of Stop Shopping) brought the “murdered mud” of West Virginia’s Coal River Mountain to a Manhattan branch of Chase, asking Chase CEO Jamie Dimon to stop funding Massey Energy’s “obscene” removal of mountains from this planet:

On March 21st we built a mountain in the lobby of a Chase branch on 2nd Avenue & 10th Street in Manhattan made from the murdered mud of Coal River Mountain in West Virginia. Perched on top we left a letter for the CEO of Chase Jamie Dimon. His bank currently finances 80% of the Mountain-top Removal mining that is killing Appalachia.

Watch the choir sing:

Back in Appalachia, the activists of Coal River Mountain Watch, United Mountain Defense, and Appalachian Voices keep fighting to save their heritage and convince Congress to pass the Clean Water Protection Act, H.R. 1310. Yesterday, Reverend Billy offered some more thoughts:

I forgot to say that here in our city Chase finances empty buildings at a time of such homelessness. I wanted to show that urban poverty and rural poverty should not be separated, not if the same bank “warehouses” our city buildings and also finances strip-mining over valleys of small towns of defenseless citizens. But none of this is on the market, and its invisibility attacks activists as much anyone else.

We remembered to ask people to boycott Chase, although we don’t have a good rhyming rhythmic chant for it yet. We forgot to honor the decades of victims and heroes who live in the valleys below the leveled mountains, although we remembered to tell passersby that the little mountain of dirt and rocks and roots that we built in the Chase lobby was from Coal River Mountain in West Virginia. Did we describe the majesty of those peaks, now pulverized by Massey Energy?

(H/T EarthFireCrossroads)

Update

It’s Getting Hot In Here reports that youth activists were arrested for staging a sit-in to block the sale of Otter Creek, Montana for coal strip mining:

Five activists with Northern Rockies Rising Tide (NRRT) shut down a meeting of the Montana State Land Board in Helena, MT last Thursday, temporarily halting the leasing of 572 million tons of state-owned coal reserves. Following over two hours of public comment regarding the leasing of the Otter Creek Coal Tracts and Secretary of State Linda McCulloch’s move to accept the bid, the five activists staged a sit-in, disrupting the meeting as they chanted “You’re not listening! Hands off Otter Creek!” Rushing the front of the Land Board meeting room and locked down to each, the activists refused to leave until the decision to accept the bid was tabled indefinitely (or they were arrested). After halting the bidding process for nearly an hour all five were finally arrested and taken to the Lewis and Clark County Jail with charges of disorderly conduct. All five posted bail and were released Thursday evening.

Unfortunately, after the sit-in was broken up, coal giant Arch Coal Inc. won the lease for just under $86 million, or 15 cents per ton of coal.

Climate Progress

New study of Greenland under “more realistic forcings” concludes “collapse of the ice-sheet was found to occur between 400 and 560 ppm” of CO2

A new study has lowered the carbon pollution threshold or “tipping point” for collapse of the Greenland ice sheet to 400 to 560 ppm.  We’re currently at about 390 parts per million atmospheric concentrations of CO2, rising about 2 ppm a year (and yes, total collapse would take a while).
Read more

Yglesias

Gallup Sees Speedy Public Opinion Turnaround After Affordable Care Act Is Signed

Throughout the winter of 2009-2010, folks like me were arguing that if members of congress just put their heads down and charged ahead with health care that this would improve the polling situation around their proposals. This was widely greeted on the right as a kind of fantastical wishful thinking, but check out Gallup’s latest numbers:

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And:

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It’s not like this thing is a political slam dunk. Plenty of Democrats, from Blanche Lincoln to Jim Matheson, represent constituencies that are way more conservative than the United States as a whole and those folks have every reason to be afraid of this bill. But over the next few months, we’ll see that this is a pretty generic partisan controversy on an issue where Democrats are generally more trusted. The idea that running around the country denouncing the Affordable Care Act as the second coming of Joseph Stalin and promising to repeal it at the soonest possible opportunity is going to be a big political winner is silly.

Politics

Protesting Health Reform, GOP Attempts To Bring Senate Hearings To A Standstill By Blocking All Proceedings

There is a little-known rule in the Senate stating that hearings can’t happen after 2:00 p.m. each day without unanimous consent. However, every day, at the start of business, the Senate generally agrees, by unanimous consent, to waive this rule and continue with the necessary business of holding hearings. Here is the rule:

5. (a) Notwithstanding any other provision of the rules, when the Senate is in session, no committee of the Senate or any subcommittee thereof may meet, without special leave, after the conclusion of the first two hours after the meeting of the Senate commenced and in no case after two o’clock postmeridian unless consent therefor has been obtained from the majority leader and the minority leader (or in the event of the absence of either of such leaders, from his designee). The prohibition contained in the preceding sentence shall not apply to the Committee on Appropriations or the Committee on the Budget. The majority leader or his designee shall announce to the Senate whenever consent has been given under this subparagraph and shall state the time and place of such meeting. The right to make such announcement of consent shall have the same priority as the filing of a cloture motion.

Republicans, however, are now refusing to give unanimous consent and are blocking the hearings. Today, during a Senate Homeland Security Subcommittee hearing on transparency, Sen. Tom Carper (D-DE) announced that he had to stop the proceedings because of Republican blocks:

I have just been advised by my staff that on the floor of the Senate there has been a move to stop all the proceedings in hearings that are going on in the Senate, and we are compelled to stop at this point in time. And I regret it, but there are rules here when we reach point in time and unless there’s unanimous consent to proceed for — as you may recall — unless there’s unanimous consent in the Senate to be able to proceed, we can only go on for so long and then we have to stop our hearings. And the whistle has blown. Unfortunately, we and all the other committees and subcommittees that are holding hearings have to, at this time, cease. I feel very badly about that. It’s not my doing.

Watch it:

ThinkProgress spoke to a Homeland Committee staffer who said that the committee’s work would be significantly disrupted if Republicans refuse to give unanimous consent throughout the week. The AP also reported today that Sen. Mark Udall (D-CO) had a hearing on the bark beetle canceled today “after Republicans angry over the passage of health insurance reform legislation blocked it by using an obscure Senate rule requiring a unanimous consent to hold hearings scheduled after 2 p.m.”

Dmeocratic staffers on the Hill told ThinkProgress that they anticipate Republicans will not only continue blocking hearings for the rest of the week, but also delay or block all sorts of minor, routine measures. Senate Minority Leader Mitch McConnell’s (R-KY) office did not reply to a request for comment.

Update

Senate Majority Leader Harry Reid’s (D-NV) office put out a statement this afternoon responding to the GOP blocks:

Senator McCain’s promised obstruction comes to reality just a day later. “The Party of No” wouldn’t even agree to let Senate committees meet today. Ironically, as they make false claims about transparency regarding health reform, they’re shutting down a committee hearing today on transparency in government.

The bottom line is that as millions of Americans are learning about the immediate benefits of health reform, Republicans are throwing a temper tantrum and grinding important Senate business to a halt.

Security

Dershowitz: Iran Is A ‘Suicide Nation’

alan-dershowitzLeaving aside his tiresome, and by now self-discrediting, reductio ad Chamberlinum argument, Alan Dershowitz’s op-ed in today’s Wall Street Journal is a useful reminder that his tendency toward dishonesty isn’t limited to the history of the Israeli-Palestinian conflict. He’s dishonest about Iran, too:

Regardless of his passage of health-care reform and regardless of whether he restores jobs and helps the economy recover, Mr. Obama will be remembered for allowing Iran to obtain nuclear weapons. History will not treat kindly any leader who allows so much power to be accumulated by the world’s first suicide nation — a nation whose leaders have not only expressed but, during the Iran-Iraq war, demonstrated a willingness to sacrifice millions of their own people to an apocalyptic mission of destruction.

Without downplaying the risks of a nuclear weapons-capable Iran, this is just nuts. Generally accepted estimates put war-related casualties for both sides in the Iran-Iraq war (a war initiated by Iraq, not an “apocalyptic mission of destruction” by Iran) at about one and a half million. I’m not sure where Dershowitz got the idea that Iran sacrificed “millions” of its own people. (Someone should probably check the footnotes of Joan Peters’ From Time Immemorial, just in case.)

While a million and a half casualties is certainly a tragedy, Global Security puts this in historical perspective:

Without diminishing the horror of either war, Iranian losses in the eight-year Iran-Iraq war appear modest compared with those of the European contestants in the four years of World War I, shedding some light on the limits of the Iranian tolerance for martyrdom. The war claimed at least 300,000 Iranian lives and injured more than 500,000, out of a total population which by the war’s end was nearly 60 million. During the Great War, German losses were over 1,700,000 killed and over 4,200,000 wounded [out of a total population of over 65 million]. Germany’s losses, relative to total national population, were at least five times higher than Iran. France suffered over 1,300,000 deaths and over 4,200,000 wounded. The percentages of pre-war population killed or wounded were 9% of Germany, 11% of France, and 8% of Great Britain.

And then, a few years later, Europe had another huge war, in which millions more people were killed. But the West is civilized, whereas in Iran they wear turbans.

As for Dershowitz’s repetition of the irretrievably stupid “Iran as suicide nation” talking point, this provides a good opportunity for me to cite my former colleague Andy Grotto’s recently published article, “Is Iran A Martyr State?.”

“The martyr state view rests on bold, even radical claims about Iran’s goals and behavior that defy conventional expectations of states’ actions,” Grotto writes, “but no government in recorded history has willfully pursued policies it knows will proximately cause its own destruction“:

Given the novelty of the martyr state argument, its major implications for policy, and how unequivocally its proponents present it, one would expect to encounter an avalanche of credible evidence.

Yet that is not the case. References are scarce in this line of writings, and certain references are cited with striking regularity.

Grotto determines that the “martyr state” view essentially rests upon a few neoconservative op-eds and a laughably shoddy report by a right-wing Israeli think tank, whose claims have been repeated again and again such that they now represent an article of faith for the “Bomb Iran” set.

The Iranian regime has demonstrated repeatedly that it’s primary goal is regime preservation. As Grotto writes, “there are vivid episodes in Iran’s history where it has confronted a clear choice between absolute fealty to religious ideals such as martyrdom and exporting the revolution, and regime survival,” such as its decision to accept a U.N.-brokered ceasefire in its “apocalyptic mission of destruction” war with Iraq.

“If and when Iran crosses the nuclear threshold,” Grotto concludes, “there is nothing inherent about the Islamic Republic to suggest that it cannot be deterred from using nuclear weapons or transferring them to its terrorist proxies.”

The main risk of a nuclear Iran is not religiously-motivated nuclear war, but the traditional-and very grave-problems posed by the spread of nuclear weapons, including regional arms races, crisis instability, miscalculation, and the fact that nuclear weapons would reduce the ability of Israel and the United States to project conventional military power over it.

In other words, the prospect of a nuclear weapons-capable Iran is troubling enough without bringing in hysterical claims about it being a “suicide nation.”

Politics

Vandals hit at least five Dem offices nationwide, threaten to ‘assassinate’ children of pro-reform lawmakers.

Yesterday, ThinkProgress reported that several Democratic offices around the nation had been vandalized in the days surrounding the House health care vote. Vandals have struck the Tuscon office of Rep. Gabrielle Giffords (D-AZ), the Monroe County Democratic Committee headquarters in upstate New York, Rep. Louise Slaughter’s (D-NY) Niagara Falls office, the Knox County Democratic headquarters in Ohio, and the Sedgwick County Democratic Party headquarters in Wichita, KS. The local Rochester ABC affiliate now has more information on the upstate NY vandalism, including an assassination threat against the children of lawmakers who voted for health reform:

No one was inside when the brick was hurled through the Democratic Patry Headquarters on University Avenue. Attached was a note quoting conservative Barry Goldwater: “Exremism [sic] in defense of liberty is no vice”. [...]

[Rep. Louise] Slaughter has been at the center of the push for reform. Last Thursday she received a chilling recorded message at her campaign office. “Assassinate is the word they used…toward the children of lawmakers who voted yes.”

The FBI is now investigating.

Pictures of the note attached to the brick thrown at the Monroe County Democratic Committee headquarters:

Mike Vanderboegh of Sipsey Street Irregulars is taking credit for inspiring the vandalism, saying that he’s urging people to break Democratic offices’ windows. He insists that he’s not advocating violence. (HT: BruinKid)

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