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In Its Party Platform, Montana GOP Swears To Uphold Constitution And Then Directly Undermines It

MontanaGOPAs the Wonk Room reported in June, the Montana GOP adopted an anti-gay platform that referenced the Constitution at least 10 times to herald the preeminence of it as the sole source of law. While much of the media has discussed the Montana GOP’s anti-gay platform, few have noted the inherent contradiction within the document itself on its beliefs about the Constitution.

In their platform, Montana Republicans declared that the Constitution “be upheld in all of its entirety” and that all state and federal policies be “Constitutional in their effects, laws and practices.” But while they “adamantly oppose any attempts, whether direct or indirect, to destroy and/or undermine the Constitution,” the Montana Republicans criminalize homosexuality and call for more drastic “policies” and “practices” that directly conflict with the Constitution:

– We support the clear will of the people of Montana expressed by legislation to keep homosexual acts illegal.

– We support the repeal of the 16th amendment of the U.S. Constitution which authorizes a national income tax.

– We agree with Thomas Jefferson and James Madison, who stated that the U.S. Supreme Court does not have the sole authority to judge the constitutionality of federal laws. We hold with these men that the States not only have the right, but also the duty to nullify unconstitutional laws in order to protect their citizens.

As the Wonk Room’s Igor Volsky noted, both the Montana Supreme Court and the U.S. Supreme Court found such a law unconstitutional as it violates the State’s constitutional right to privacy and the Constitution’s Due Process clause. But in calling to repeal the 16th amendment, the GOP flouts Article VI of the Constitution stating that Acts of Congress “shall be the supreme law of the land…anything in the Constitution or laws of any State to the contrary notwithstanding,” thus expressly establishing that states do not have a veto power over federal laws. Article III and the Marbury v. Madison decision of 1803 established that the independent judiciary has “the last word on the law and the Constitution.”

The Montana GOP is not alone in its constitutional hypocrisy. As the GOP shifts further to the right, many state GOP platforms are redefining Constitutional authority to validate more extreme agendas. While the Texas GOP similarly sought to outlaw homosexuality, the Iowa GOP platform sought to reintroduce and ratify the “original 13th Amendment” to strip President Obama’s citizenship because he won the Nobel Peace Prize. In May, the Maine GOP adopted a “Tea Party” platform asserting “10th amendment sovereignty rights over unconstitutional government intrusions” like health care reform. And in Washington, GOP candidates who view the platform, which calls to reject health care reform and the United Nations, as “incredibly intrusive” and hostile to “moderate stances” risk losing the GOP’s endorsement.

Health

Baucus & Rockefeller: Insurer ‘Mistaken’ If It ‘Thinks It Can Blame’ Health Reform ‘For Rising Premiums’

Just days after HHS Secretary Kathleen Sebelius warned insurers against using the early benefits in the health care law to justify unreasonable premiums increases, Sens. Max Baucus (D-MT) and Jay Rockefeller (D-WV) have written to the CEOs of WellPoint, UnitedHealth Group, Aetna, Health Care Services Corp., and CIGNA, saying insurers are “mistaken” if they believe they can continue to blame double digit premium increases on reform.” “This level of misinformation is not acceptable,” the two write, pointing out that the early benefits should not increase costs by more than 2 percent on average:

And if an insurer thinks it can continue to impose double-digit premium increases, while providing fewer health benefits and enjoying record surpluses, it is again mistaken. There have been too many reports of insurance companies imposing insurance premiums increases at will with little oversight or public accountability. We are committed to ensuring that premium increases are fair and justified. [...]

We have and will continue to strongly encourage states and HHS to use their existing authority as well as the authority created under the Affordable Care Act to its fullest to ensure that premium increases across the country are justified and communications are honest. We will continue to work toward ensuring that the federal and state governments have the necessary resources and authority to review potentially unjustified premium increases and to hold insurance companies accountable.

Baucus and Rockefeller pledge that they “are committed to ensuring that consumers are treated fairly and will closely examine any potentially misleading communications to consumers,” but there is actually little the federal government can do — outside of publicly shaming insurers or passing a federal rate review law — to hold insurers accountable.

As Sebelius explained today, “it’s a real catch-22. The law assumes that states will regulate rates, that that’s the best marketplace. This is really a state-based bill…only if they abdicate that responsibility or say that they don’t want to participate do we have kind of the back-up responsibility.”

For ways the federal government can pressure states to hold down unreasonable rates, click here.

Politics

O’Donnell Argued Gays Suffer From An ‘Identity Disorder’

USA/ Despite having a lesbian sister, Delaware GOP Senate nominee Christine O’Donnell has long history of taking hateful and ignorant positions against gay people, as ThinkProgress has noted in our report on the former anti-sex activist. For example, O’Donnell has said she “cannot understand” why gay people are offended by homosexuality being called a “deviant sexual orientation,” and has claimed that gay people are “attacking the very center of what is America — freedom to have different views.” But in a 2006 quote uncovered by the Washington Post’s Greg Sargent, O’Donnell took an even harsher stance, calling homosexuality an “identity disorder:”

“People are created in God’s image. Homosexuality is an identity adopted through societal factors. It’s an identity disorder.”

As Sargent writes, “O’Donnell’s suggestion that gays suffer from a psychological disorder is far worse than other comments about gays that have already gotten media attention.” Indeed, until 1973 the American Psychiatric Association considered homosexuality to be a disease, causing tremendous problems for gay men and women who were labeled mentally ill. Now, the APA states firmly that “homosexuality is not an illness, a mental disorder, or an emotional problem,” and that “human beings cannot choose to be either gay or straight.” O’Donnell has claimed that her views have “matured” since she was in her 20s, but the recency of this homophobic remark raises serious questions about how much her extremist beliefs have actually evolved.

LGBT

New Poll: Majority Of Americans Support Same-Sex Marriage

A new AP-National Constitution Center Poll finds that individuals who oppose marriage equality — including President Obama — are quickly falling outside of the political mainstream, as a growing number of individuals are now embracing the idea. Support for marriage has exceeded the 50 percent mark in at least 17 states, but now, for the first time, a national poll has found that 52% of Americans believe that the federal government should “give legal recognition to marriages between couples of the same sex”:

Marriage2

This poll comes on the heels of another survey which found that a majority of Americans are also saying that “their definition of family includes same-sex couples with children, as well as married gay and lesbian couples.” The increasing visibility of LGBT issues, positive media representations, and the coming out of family members and friends have all contributed to the increase in support. Significantly, the nation crossed the 50 percent mark on marriage after Judge Walker’s Prop 8 decision, suggesting that his ruling (and the GOP’s quiet response) may have also played some role in changing hearts and minds.

Still, popular support does not necessarily translate into political action or repeal the many state prohibitions against extending marriage benefits to gays and lesbians. Backers of marriage are much more likely to live in large cities on the coast, giving senators from middle America almost no political reason to support the policy. But as the younger younger new voters come of age, and as their older counterparts exit the voting pool, it’s likely that support will only increase — as will the political will to actually do something about it.

The poll also found that 58 percent of Americans believe that “couples of the same sex (should) be entitled to the same government benefits as married couples of the opposite sex.” Fifty-six percent also agree that “Judges should interpret laws broadly, taking into account the broader interests of the nation.”

Yglesias

Endgame

They just think it’s stupid:

— Should we blame squirrels for scattering chicken bones?

— Voting for the Affordable Care Act appears to be a significant drag on a House member’s chances of re-election.

— Among other things drinking straight liquor will always be more low-calorie than any kind of diet cocktail.

— James Suroweicki sayswe need more inflation.

— Neil Irwin says we need more inflation.

— Nuggets now open to offers for the overrated Carmelo Anthony.

Cool maps chart racial divides in different U.S. cities.

Elastica, “Connection”.

Politics

Despite Attacking Stimulus, WI GOP Senate Nominee Johnson Requested Stimulus Dollars For Opera House

ron Wisconsin GOP Senate candidate Ron Johnson has made opposition to the American Recovery and Reinvestment Act, commonly referred to as the stimulus, a cornerstone of his campaign. On his campaign website, the candidate brags that he “opposed…the $862 billion stimulus bill. Ron does not believe the federal government is capable of picking ‘winners and losers’ and should not remove capital from the private sector to create more government programs and jobs, which are unsustainable.” He even complained to Politico that “we spent $1 trillion dollars and we got nothing for it.”

Now, the Northwestern has discovered that, in March 2009, Johnson himself sought stimulus dollars for an opera house. While serving as president of the board of the Grand Opera House, Johnson sent an e-mail to Oshkosh Area Community Foundation CEO Eileen Connolly-Keesler to “ask about the availability of stimulus dollars to help fund the $1.8 million repair project“:

Ron Johnson, the Republican Senate candidate who has been harshly critical of the Democrat-backed stimulus bill, sought stimulus funds for renovations to the Grand Opera House when he was president of the Grand’s board in March 2009.

In an e-mail obtained by the Northwestern, Johnson called Oshkosh Area Community Foundation CEO Eileen Connolly-Keesler to ask about the availability of stimulus dollars to help fund the $1.8 million repair project. Connolly-Keesler sent an e-mail to state Rep. Gordon Hintz, D-Oshkosh, to see what funds might be available for the project.

“I just got a call from Ron Johnson about the Grand and stimulus money,” Connolly-Keesler wrote in a March 25, 2009, e-mail. “I can’t imagine it will pay for non-profit buildings but I am willing to make some calls if you think it would work.”

It now appears that Johnson does believe that the “government is capable of picking ‘winners and losers’” — so long as the opera house he was in charge of was got to be a winner. Unfortunately, he did not end up recieving any stimulus funding for his project. As ThinkProgress has previously noted, Johnson’s hypocrisy on government spending runs deep. Despite railing against government subsidies, the candidate received a “$2.5 million industrial revenue bond” that helped him build his company in the 1980′s.

Update

Daily Kos’s Joan McCarter notes that Johnson reaffirms his belief that “Washington treats Social Security like a Ponzi scheme” in his new campaign ad. Watch it:

Security

Carl Levin Points Out McCain Introduced A ‘Non-Relevant’ Amendment To Defense Reauthorization Bill In 2000

Since Senate Majority Leader Harry Reid announced that he would be introducing a defense authorization bill next week that includes the Development, Relief and Education for Alien Minors (DREAM) Act, Sen. John McCain (R-AZ) has been desperately trying to justify his opposition to a bill he co-sponsored in 2005, 2006, and 2007. One of McCain’s main arguments is that for “many many years we never put any extraneous items on the bill” and that, starting last year, “Carl Levin and Harry Reid put hate crimes on it which had nothing to do with it.”

However, today, Sen. Carl Levin (D-MI) noted that not only was hate crimes legislation considered as an amendment to the defense authorization bill in 2001, 2005, and 2008, each time the hate crimes amendment was approved. The only difference last year, Levin points out, is that the provision was not dropped in conference and was included in the enacted in legislation.

Levin also noted that “over the last dozen years” the Senate has debated “non-relevant amendments” to the defense authorization bill “on a number of issues.” One of those amendments was introduced by McCain himself.

In 2000, McCain offered an amendment to the defense authorization bill that required public disclosure of donors and expenditures. McCain faced similar criticism from his opponents who argued that his amendment had nothing to do with defense. Even one of his critics conceded that McCain was “acting under the rules.”

Levin explains why he supported McCain’s amendment at the time:

I supported the McCain amendment at that time and I also supported the right of the Senator from Arizona to offer it — not because it was relevant to the defense authorization bill, it was not. But because it was the only opportunity apparently to consider that bill and it was the right thing to do.

Watch it:

The DREAM Act has a lot more to do with defense than a campaign finance amendment. Back in 2006 when the Senate was about to debate comprehensive immigration reform that would legalize millions of undocumented immigrants, McCain explicitly made the connection himself, stating “[r]ight now, at this very moment, there are fighting for us in Iraq and Afghanistan soldiers who are not yet American citizens but who have dreamed that dream, and have risked their lives to defend it. They should make us proud, not selfish to be Americans.”

Republicans, meanwhile, have shown zero interest in taking up either the DREAM Act or comprehensive immigration reform on its own. And, in the past, McCain has clearly agreed that passing the DREAM Act is in fact the “right” thing to do through his repeated sponsorship of the bill. In his 2006 speech, McCain concluded, “They came to grasp the lowest rung of the ladder, and they intend to rise. Let them rise. Let them rise.”

Yglesias

Conservatives Don’t Care About the Deficit, Affordable Care Act Edition

180px-stethoscope-2

Neil King and Janet Adamy offer us the Republican plan of attack on the Affordable Care Act:

Republican congressional aides and advisers say their focus would including blocking funding to hire new Internal Revenue Service agents, who are needed to enforce the law’s tax increases. They also would consider barring spending for a new board that approves Medicare payment cuts as well as on research that compares the effectiveness of medical procedures.

Other potential targets include funds to pay for a long-term care insurance program and money to help states set up insurance exchanges where consumers will be able to use tax credits beginning in 2014.

There are a bunch of different ideas here. And since they’re all framed as reductions in spending, it’s easy to overlook the fact that virtually all of these measures would increase the budget deficit. Failure to hire new IRS agents would increase the deficit by reducing revenue. Failure to finance IMAC would increase the deficit by increasing overall spending. Failing to take in CLASS Act revenue would increase the deficit by reducing revenue.

And there’s more!

Republicans would also bring to a vote measures that attack the law’s least popular parts, including the requirement that most Americans carry health insurance and cuts to payments for privately run Medicare plans.

Eliminating the individual mandate will increase the deficit by increasing outlays on exchange subsidies. Eliminating the “Medicare Advantage” cuts will increase the deficit by increasing spending on Medicare advantage.

The IMAC thing seems particularly noteworthy since one of the most common critiques I’ve heard made of the Affordable Care Act is the idea that many of its deficit-reducing provisions are likely to be repealed in the future. Whether history proves that true or not is something that only time will tell. But it doesn’t make much sense to simultaneously complain about ACA’s impact on the deficit while working to repeal its deficit-reducing elements.

Climate Progress

Climatopolis: How Our Cities Will Thrive in the Hotter Future [Not!]

Books you don’t have to read past the title, Part 2

UPDATE2:  This is not a full review, but a debunking of the primary thesis of the book on the basis of information anyone can access online.  I have now read the book and can say with full confidence that what is online is not entirely representative of the book:  It is even worse than I describe here, with, for instance, some egregious numerical errors and inconsistencies, as I’ll discuss in later posts. In the meantime, you can read this detailed review, “A Fantasy Future,” at the American Scientist by a leading expert on the impact of climate change on cities, who concludes the book “fails on the most important criterion: a good knowledge of the topic under discussion.”

UPDATE1:  The author comments here and I reply.  The author has yet more comments below, including a morbid bet that I reject.

So many bad climate books, so little time.  How thoughtful, then, of an author to save everybody time with a title that lets you know whether or not you should read it.

Of course, the champion of books you don’t have to read past the title is Fred Singer’s lame anti-science treatist, Unstoppable Global Warming: Every 1,500 Years.  As I noted in “Unstoppable disinformation every 15 minutes from Fred Singer,” the most absurd thing about the book is that the Earth wasn’t actually in a warm trend “” unstoppable or otherwise “” 1500 years ago!  Doh.  [Yes, during the Medieval Warm Period, parts of the earth were a bit warmer, but that peaked (below current temperatures) 1,000 years ago.]

And now we have another time-saving title, from UCLA environmental economist Matthew Kahn, Climatopolis: How Our Cities Will Thrive in the Hotter Future.  Uhh, no — see “Real adaptation is as politically tough as real mitigation, but much more expensive and not as effective in reducing future misery.”

A key “thesis” of this book is that people will just move to northern cities and be fine.  To see how poorly thought out this notion is just start searching the book on Amazon for northern cities.  Yes, the obvious first choice is Moscow, where you will learn on page 7 … wait for it …  “Moscow is unlikely to suffer from extreme heat waves.”  Talk about your badly timed books (see Media wakes up to Hell and High Water: Moscow’s 1000-year heat wave and “Pakistan’s Katrina”).

Read more

Politics

Jan Brewer Proclaims Her Love For Latinos: ‘I Love Them From The Bottom Of My Heart’

This Sunday, Gov. Jan Brewer (R-AZ) appeared on Univision’s Al Punto with Jorge Ramos to talk about immigration and Arizona’s new immigration law, SB-1070. In the interview, Brewer insisted she was not a racist and proclaimed that she loves Latinos. “I love them from the bottom of my heart,” Brewer told Ramos:

RAMOS: I remember having an interview with him [Arpaio] and he told me that some people call him racist. Are you concerned that some people might think the same thing of you?

BREWER: Not only am I concerned, it’s really disappointing to me. I’ve lived in the southwest my whole life. I’ve got many friends, of many cultures and certainly a great deal of them are Hispanics, and I love them from the bottom of my heart. I love everybody Jorge, from the bottom of my heart.

RAMOS: Do you feel rejected by the Hispanic community?

BREWER: I feel that I’m somewhat hurt that they would think that I would be a racist, you know. And I was… and a bigot and that I would stand by and allow any kind of racial profiling or anything like that to take place.

Watch it [in Spanish]:

However, Brewer stood by many of the comments that have most offended the Latino community, describing the controversy surrounding her erroneous claim that illegal immigration has led to beheadings in the Arizona desert as a simple “misunderstanding.” Brewer told Ramos she has “no idea” what to do about the 11 million undocumented immigrants in the U.S. and has “not a clue of what an undocumented, anybody looks like.” According to Brewer, racial profiling “is illegal in Arizona,” so therefore “Senate Bill 1070 didn’t have anything to do with that.” Wonk Room has more on Brewer’s defense of statements she’s made connecting illegal immigration to violence and criminality.

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