The Daily Parker

Politics, Weather, Photography, and the Dog

We the people...

Of all the eye-rolling things the new House majority has done in the past day, Speaker Boehner's squawking about taking the government back for the people grated the most. Given the Republicans' 20-year reign as the country's least popular option—if we had a parliamentary system we'd have had Democratic governments since 1992 without interruption—I wonder which people he means.

But by far the oddest thing they've decided to do, the House will today read the U.S. Constitution on the House floor. I'm not so much concerned with the cost of the exercise (about $1.1m), and in fact I think many of our representatives could use a refresher course. But given this is a Republican initiative, it brings up several touchy points. First, do they plan to read the entire document? If so, who gets to read the bits about "three-fifths of other persons?" How will they bring the requisite drama and pomp to the twelfth amendment, most of which has been superseded anyway? What about the 18th and 21st, which cancel each other out?

I'm so sorry I'll be on an airplane and unable to watch. I really do like the document, even if I'm pretty sure not to like the GOP's interpretation of it.

Render unto Caesar, part 2

The Catholic Archdiocese of Milwaukee is bankrupt:

On the first anniversary of his installation, Milwaukee Archbishop Jerome Listecki announced Tuesday afternoon that the archdiocese will file for Chapter 11 bankruptcy protection.

Listecki said the move was necessary to fairly compensate victims and continue the "essential ministries" of the church, and urged the faithful not to blame the victims.

Yes, Archbishop, blaming the children that priests raped for the Church passing the criminals around instead of surrendering them to the secular authorities would be in poor taste.

The story continues:

The bankruptcy petition will not include parishes, schools and other Catholic entities that are separately incorporated, he said.

Just before the news conference, a group of advocates for the victims of clergy sex abuse said bankruptcy allows Listecki to avoid depositions and questions under oath in court about the abuse cases.

"This is about protecting church secrets, not church assets," said David Clohessy, national director of SNAP, the Survivor's Network of those Abused by Priests. "The goal here is to prevent top church managers from being questioned under oath about their complicity, not 'compensating victims fairly.' "

Do you suppose Ratzinger will pass the plate in the Vatican to help the archdiocese?

Health Care and the Commerce Clause

Constitution scholar and writer Garrett Epps lays out the case for the constitutionality of requiring Americans to "maintain a minimum level of health insurance." Well, for starters, it doesn't:

This snappy apothegm is the logical equivalent of saying that the Defense Appropriations Act "requires that every United States citizen, other than those who leave the country, engage in accepting a minimum level of protection by the United States military." The provisions of the Health Care Act provide a benefit. The majority of Americans, who already have health coverage (and seem, by and large, to regard this coverage as worth bargaining for) will simply see improvements in their existing health care benefits, such as an end to lifetime benefit limits and the right to include older adult children on their policies. A significant number of others who are currently uninsured will become eligible for government-funded health insurance.

There will remain a small but significant number of Americans who can afford health care insurance but choose not to buy it. But contrary to the sound bite above, even they are not required to "maintain a minimum level of health insurance." If they wish to keep their uninsured status, they may do so by paying an addition to their income tax bills--ranging from as little as $695 for an individual taxpayer to $2085 for a family of six or more. The claim that the government is "forcing individuals to buy a commercial product" is worse than spin; it is simply false.

He sums up:

The doctrine under which the Act is being assailed quite simply constitutes a threat to most of the significant advances in federal law of the past 100 years: federal pension programs, national wildernesses and parks, consumer protection, environmental regulation, and most particularly statutory guarantees of civil rights.

It's not coincidental that right now Ron Paul laments the Civil Rights Act and that Haley Barbour speaks fondly the segregated South, that anti-immigrant extremists target birthright citizenship, or that right-wingers seek to wreck the Constitution with an old-South style amendment letting states repeal federal laws. A decision to void the Act would furnish a powerful precedent for those who would "restore" a libertarian dreamland that never existed, and that for most of us would quickly become a nightmare.

The next year will be interesting. The U.S. might become a 21st-Century nation. Or we might remain the only developed country without this basic protection.

Wait! Keep jailin' em, just not for so long!

A spokesman for Pat Robertson has clarified the Rev's stance on pot:

Dr. Robertson did not call for the decriminalization of marijuana. He was advocating that our government revisit the severity of the existing laws because mandatory drug sentences do harm to many young people who go to prison and come out as hardened criminals. He was also pointing out that these mandatory sentences needlessly cost our government millions of dollars when there are better approaches available. Dr. Robertson's comments followed a CBN News story about a group of conservatives who have proven that faith-based rehabilitation for criminals has resulted in lower repeat offenders and saved the government millions of dollars. Dr. Robertson unequivocally stated that he is against the use of illegal drugs.

Yes, faith-based rehabilitation for the criminals who use the Demon Weed will surely result in less economic deadweight loss and fewer ruined lives than, say, accepting that prohibition failed. (Whoops! I mean marijuana prohibition, which is obviously and totally unlike the 18th Amendment's prohibition of alcohol. I mean, everyone knows that was a disaster. Alcohol, as everyone knows, is safer than pot and more culturally relevant, so of course drawing a general lesson about drug laws from the 1930s isn't appropriate.)

Obstructionist Republicans

Do you know why the Senate doesn't seem to get anything done? It might have something to do with the 63 filibusters they perpetrated in the current Congress. That's more filibusters than the Senate had from 1919 to 1982 combined, and two more than the previous record, which they set in the last Congress.

Drill down into the lists of individual cloture actions in each Congress, and you get a sense of just how obstructionist the Republicans have become.

Like Nixon in China

Even Pat Robertson—yes, that Pat Robertson—can no longer pretend that U.S. drug policy has in any way succeeded:

The salient part:

We're locking up people that take a couple of puffs of marijuana and the next thing you know they've got ten years—they've got mandatory sentences and these judges, they throw up their hand and say, "Nothing we can do, it's mandatory sentences." We've got to take a look at what we're considering crimes, and that's one of them. I mean, I’m not exactly for the use of drugs, don't get me wrong, but I just believe criminalizing marijuana, criminalizing the possession of a few ounces of pot, and that kind of thing, I mean it's just, it's costing us a fortune, and it's ruining young people. Young people go into prisons, they go in as youths, and they come out as hardened criminals.

Wow. Decriminilization has forded the mainstream all the way to the other side.

Counting Americans

The first official 2010 Census results are out today. As of April 1st there were 308,745,538 residents of the United States. California, the most populous, had 37,253,956; Wyoming, the least, had 563,626.

We have a decennial census in the U.S. because our Constitution mandates it. Every 10 years, we reapportion representation. This time, very much like the last time, Illinois, Missouri, Michigan, Pennsylvania, New Jersey, and Massachusetts are losing a seat; New York and Ohio are losing two; Washington, Nevada, Utah, Arizona, Georgia, and South Carolina gain one; Florida gains two; and in a sign of the Apocalypse, Texas gains four. Louisiana also lost a seat, most likely as a result of people fleeing after Katrina in 2005 (though the state did have a net gain of around 70,000 people). With these results, each member of the House represents about 711,000 people.

Oddly, only Michigan and Puerto Rico lost population since 2000. Nevada had the biggest proportional gain, its population increasing 35%. Texas had the largest numeric gain, of about 4.5 million. Other big gains include North Carolina (about 1½ m), Arizona (25%), Utah (23%), and Idaho (21%).

The Census has an interactive tool that has data back to 1910 for more information.

Why we have juries

The good citizens of Missoula, Montana, exercised their 6th Amemendment rights to tell the state they believe minor marijuana possession is not a crime:

No way would they convict somebody for having a 16th of an ounce.

In fact, one juror wondered why the county was wasting time and money prosecuting the case at all, said a flummoxed Deputy Missoula County Attorney Andrew Paul.

District Judge Dusty Deschamps took a quick poll as to who might agree. Of the 27 potential jurors before him, maybe five raised their hands. A couple of others had already been excused because of their philosophical objections.

In the U.S., the right of every citizen to have a jury trial in criminal cases means American juries have the power of nullification. This means juries can refuse to convict someone for a crime on principle, regardless of the law. In this case the Missoula jury pool thought 1.7 g of marijuana shouldn't be criminal.

Excellent. Maybe a few dozen more juries like this will encourage Congress to end the destructive and wasteful war on drugs and allocate resources instead to treatment and prevention.

And maybe the Cubs will win the World Series.

Someday.

I oppose it even though I benefit

The mortgage-interest tax deduction may go away early next year:

Scholars have long argued that the mortgage deduction and other tax subsidies supporting housing, including a deduction for property taxes and tax exemptions for profits on home sales, are neither equitable nor economically efficient. Some say they've helped skew the economy's reliance on an industry that has little export potential and often encourages over-consumption.

More important, despite the deduction's grip on the public and politicians, changing it as part of a package of other revisions offers Washington a chance to do something meaningful about the surging federal deficit: generate billions of dollars more in federal revenue that could be used to cut the deficit while inflicting surprisingly little pain on most middle-class homeowners.

About half of all homeowners in the U.S. — and just a quarter of all taxpayers — benefit from the mortgage interest deduction at all. That's because most people don't have home loans or don't pay enough in mortgage interest to take advantage of the benefit.

Also left out are many homeowners in cheaper housing markets, though people with pricier homes and larger mortgages — many of them affluent younger Americans in coastal cities in California and on the East Coast — reap a disproportionately large share of the tax savings.

I do enjoy deducting my mortgage interest, but like the article said, I won't miss it all that much.

Ask if you want, tell if you want: it's none of the Army's business anymore

President Obama this afternoon:

Today, the Senate has taken an historic step toward ending a policy that undermines our national security while violating the very ideals that our brave men and women in uniform risk their lives to defend. By ending “Don’t Ask, Don’t Tell,” no longer will our nation be denied the service of thousands of patriotic Americans forced to leave the military, despite years of exemplary performance, because they happen to be gay. And no longer will many thousands more be asked to live a lie in order to serve the country they love.

As Commander-in-Chief, I am also absolutely convinced that making this change will only underscore the professionalism of our troops as the best led and best trained fighting force the world has ever known. And I join the Secretary of Defense and the Chairman of the Joint Chiefs of Staff, as well as the overwhelming majority of service members asked by the Pentagon, in knowing that we can responsibly transition to a new policy while ensuring our military strength and readiness.

I want to thank Majority Leader Reid, Senators Lieberman and Collins and the countless others who have worked so hard to get this done. It is time to close this chapter in our history. It is time to recognize that sacrifice, valor and integrity are no more defined by sexual orientation than they are by race or gender, religion or creed. It is time to allow gay and lesbian Americans to serve their country openly. I urge the Senate to send this bill to my desk so that I can sign it into law.

Good work, Senators.

The President may sign the repeal as early as tomorrow.