Independent Thoughts on the Last Republican Debate

Primary debates are very interesting for someone who doesn't care what party someone is, because they're specifically geared to pull at the emotions of those who are already in one regions of the political landscape. The recent Presidential debate had a lot of expected moments, but some unexpected ones, and some which I think can be used as springboards for more genuinely understanding the politics behind this little experiment we call America.

Note: I'm pulling any quotes below from this CNN transcript of the event, and I've read the debate fact-checking on both Politifact and FactCheck.org, as well as from the ever-entertaining and very-right-leaning conversation taking place on Facebook's General Election 2012 group. Also, I've only found one place that contains the whole CNN/Tea Party Express debate, although it's broken up into a lot of smaller videos.

There'll be another debate tonight - Thursday, September 22, at 9:00 pm ET - run by FoxNews/Google. You can view it streaming online live at this link at 9:00 pm ET. This one will feature the libertarian Gary Johnson, governor of New Mexico, who is a social liberal, fiscal conservative, and seems far saner than Ron Paul. We'll see.

Now, on to my thoughts and commentary on the last debate:

1. The HPV Issue

One issue that's gotten a lot of press was the fact that Rick Perry, as governor of Texas, signed an executive order requiring that girls in the state get a vaccine against the Human Paploma Virus (HPV), which is a sexually-transmitted virus that has been linked to certain forms of cervical cancer. There is voluminous scientific evidence that HPV is very wide-spread, occurring as often as in 50% of sexually-active adults. In other words, if you have sex, there's a very good chance that you'll be exposed to HPV.

Now, I have always considered the debate over HPV to be fairly silly, the ramblings of anti-government puritans who fear that children will become sexually active if told their risk of getting cervical cancer in 30 years is diminished ... but Rick Santorum (of all people) framed it in a way that I think actually has some legal, constitutional, and even logical merit:

Why do we inoculate people with vaccines in public schools? Because we're afraid of those diseases being communicable between people at school. And therefore, to protect the rest of the people at school, we have vaccinations to protect those children.  

Unless Texas has a very progressive way of communicating diseases in their school by way of their curriculum, then there is no government purpose served for having little girls inoculated at the force and compulsion of the government. This is big government run amok. It is bad policy, and it should not have been done. 

The legal justification for mandating innoculation is not to protect that one person, but to protect all of the other people who will get sick if they're exposed to that person's illness. As such, a State does not have the right to implement it. Michelle Bachmann echoed this idea:

... to have innocent little 12-year-old girls be forced to have a government injection through an executive order is just flat out wrong. That should never be done. It's a violation of a liberty interest.

Now, the overall trend of these attacks is on the idea that Perry implemented this as an executive order, which means it never came up for debate in the legislature, and was more of a decree than an actual law... however, as the next point point brings up, even legislation can be dictatorial.

2. When States Attack 

In attacking Romney's "Romneycare" plan (the Massachusetts plan which provided the framework for much of Obamacare, implemented when Romney was a governor of Massachusetts), Michelle Bachmann took a hard line against the government's right to mandate that citizens buy health insurance:

... no state has the constitutional right to force a person as a condition of citizenship to buy a product or service against their will. It's unconstitutional...  (APPLAUSE) ... whether it's the state government or whether it's the federal government

So, here we have two things that the state can mandate which Michelle Bachmann seems to believe are fundamentally against individual liberty. Both Romney and Perry have suggested that they are states' rights issues, and were good for their states, but that similar plans on a national level are unconstitutional, because the Tenth Amendment leaves all rights not expressly granted in the Constitution with the states.

Here is my question:

Based on a strict reading, does the Constitution allow the federal government to strike down an unjust state law?

Obviously, the Supreme Court of the United States (SCOTUS) has done this many times - especially in the last century and a half - but this is always a fundamental dividing line between Republicans and Democrats. Democrats feel SCOTUS should have this power, Republicans typically do not. When the court legislates in this manner, the justices are dismissively called "activist judges."

But what if a state implemented an unjust law, then would those who vote it down still be "activist judges?" If SCOTUS overturned Massachusetts' health insurance mandate, would they be violating their Constitutional limitations or defending the liberty of a people who are being oppressed by their state government?

Of course, this question could also be asked about slavery, executions, Jim Crow laws, treatment of women, homosexuals, the mentally handicapped, and other legislation that some states have considered fine and others consider oppressive in some way.

I'd love a Constitutional purist/states' rights advocate to explain what I'm missing on this one and what, if any, role the federal government has to play in such a scenario.

3. Romney & Capital Gains

This was the one aspect of the debate which I found swayed me toward a candidate instead of away from them. Here is Romney's response to a question about a flat tax rate:

The idea of a national sales tax or a consumption tax has a lot to go for it. One, it would make us more competitive globally, as we send products around the world, because under the provisions of the World Trade Organization, you can reimburse that to an exporter. We can't reimburse our taxes right now. It also would level the playing field in the country, making sure everybody is paying some part of their fair share. But the way the fair tax has been structured, it has a real problem and that is it lowers the burden on the very highest income folks and the very lowest and raises it on middle income people. And the people who have been hurt most by the Obama-economy are the middle class.

Back in 2008, I spoke fairly highly of the Fair Tax, which was a flat tax bill that had some enthusiastic support among conservative commentators such as Sean Hannity and Glenn Beck. I liked that the Fair Tax removed all tax burden from the poor, and the notion of taxing consumption rather than income seems just philosophically like a more egalitarian approach.

Until, as Romney points out, you actually run the numbers. What you find really happens is that the tax burden on the poor and the wealthy tend to drop heavily, but the middle class is saddled with a huge tax burden. (I also personally question the validity of many of the economic assumptions behind the Fair Tax, especially in light of the bang-up job economists have done managing the economy over the last decade.)

Romney continues with a proposal that intrigues me:

And so my plan is to take the middle class individuals and dramatically reduce their taxes by the following measure. And that is for middle income Americans, no tax on interest, dividends or capital gains.

If this was handled right, I think this might be a really good tax reform proposal. It depends on how you are dividing "middle income Americans." The benefit is obviously that it will allow low and middle income Americans to keep more money, and this seems like a good way to give a tax break.

However, if Romney extends this exemption too high, then it becomes yet another tax break for the wealthy, and one which they don't need. Capital gains tax rates are not huge. As Warren Buffett said in an interview last month, current capital gains taxes are great for the wealthy.

Well, I think -- what really gives the low rates to the very rich like me is the -- is the low tax on dividends and capital gains.  If you take these rich people what the IRS singles out, from 1992, they’ve almost had a tenfold increase in capital gains.  They’ve had a tenfold increase almost in dividends.  And those -- those are taxed at 15 percent and there’s no payroll tax on it.  Now, the payroll tax accounts for almost as much revenue to the government as the income tax.  It’s close -- $800 billion plus on payroll taxes last year; about $900 billion on income taxes.  That’s where the money comes from in Washington.

The argument in favor of reducing these rates, even among the wealthy, is often that they'll encourage investment, but Buffett sort of refutes that argument based on his experience:

I’ve worked with capital gains rates of 39.9 percent and 36 percent and 25 percent, I have yet to hear one person say to me, "If I call you in the middle of the night Charlie and I say Charlie I’ve got this hot investment idea."  Your reaction is not to say "No matter what the tax rate, forget it, I’m going back to sleep because the capital gains rates are too high."  No, what you’re going to do is you’re going to say, "Tell me the name, quick, Warren, before you change your mind."  And you know, I have never had one person decline to invest with me. 

Okay, I do question that last sentence as perhaps a bit of hyperbole, or maybe he meant "decline to invest with me [because of the capital gains tax]". Still, overall I think this is probably very true. My guess would be that during Mitt Romney's years in the private sector, the capital gains tax was never a cause for someone to avoid investing in one of his businesses, either.

Buffet does a great job of laying out the distinction in how these tax rates get distributed, based on the way your money comes to you:

If you make money with money, you get taxed ... at very low rates; 15 percent dividends in capital gains.  No payroll tax.  If you make money with muscle or hard work or sweat of your brow, you get taxed at rates that move on up.  And most of the people, the middle-class gets taxed at rates of either 15 percent or 25 percent on their income tax, but then they get really hit hard on the payroll tax and that’s what brings the rates in our office up to an average of 36 percent if you leave me out.

Middle income earners, of course, can still "make money with money," in which case they'd get hit with both the payroll tax AND the capital gains tax. If you're talking about someone making a low 3-figure salary, perhaps married, with kids and a mortgage, that could be crippling. So I think reducing the capital gains - in a way that's either got a cap on the amount excluded or has an exemption tied to income - has a lot to go for it.

And, honestly, it strikes me as a common sense plan that could be consistent with both liberal and conservative values, depending on how it were implemented. It's a shame that the government's not going to do anything useful until after the election, or maybe we could get this passed.

4. Herman Cain's Regulatory Reform

I really like Herman Cain. He's a businessman and so says what he thinks. He's the idea guy. And his ideas usually are interesting and make some sense ... until you think about them for 10 seconds.

In the last debate, he said, when responding to how he would handle energy exploration:

I would put together a regulatory reduction commission for every agency starting with the EPA. This regulatory reduction commission -- one of my guiding principles is if you want to solve a problem go to the source closest to the problem. So the people that I would appoint to that commission will be people who have been abused by the EPA. That would be the commission that would straighten out the regulatory burden.

On the surface, this sounds rather sane ... again, until you think about it for five seconds. His "guiding principle" is "if you want to solve a problem go to the source closest to the problem." So, who does he go to in order to solve EPA regulation problems? "People who have been abused by the EPA."

In other words, the group in charge of re-defining EPA regulations would be the people that the EPA has designated as having had the worst track-record of following EPA regulation.

It seems like Cain basically believes that the EPA just shouldn't do it's job, which is fine ... but he's going to use this strategy to "put together a regulatory reduction commission for every agency."

Who is going to be on the regulatory reduction commission for the Pentagon? The people who have been abused by the Pentagon? Does this mean terrorists will be on the commission?

Will criminals be reviewing Justice Department regulations?

Like I said ... his plans sound good, until you take a few seconds to think them through.

This September 11, Reject the Enemy Meme

A year ago, I posted the following message on Facebook and my 40 Days of Giving blog:

I have no enemies. There are people out there who want me, or those I love, dead for some abstract reason, but such a person is not my enemy. I wish them no ill. I have no deeper desire than that they find something in their life that brings them pure love, joy, and peace. I wish for them - as I wish for my sons, dearest friends, and myself - nothing but the best that the world has to offer.

That was how I commemorated the ninth anniversary of September 11, and I think it well sums up the sentiments I'm feeling come this anniversary.

The world makes more sense if we can draw lines between ourselves and others, and declare the people on the other side of that line the enemy. They are bad and we are good. We are heroes and they are villains.

I call this the "enemy meme" - the idea that these lines have real meaning, and that this "enemy" designation has some sort of real value, that it somehow helps make the world a better or safer place. (In fairness, after September 11, even I fell victim to embracing the "enemy meme" for several years.)

In the realm of politics, the "enemy meme" is especially prevalent, and we're such a politically charged society that it's hard to avoid it. Consider the recent case with union leader Jimmy Hoffa Jr. calling Republicans "Sons of Bitches" and invoking militant terminology, about becoming an army in support of the Democrats. In this vivid scenario, the Republicans are the enemy, and the union forces are the heroic army.

Does such talk really help anybody, including the people making them?

I don't think so. These attempts to dehumanize others, to build a wall, never lead to any sort of reconciliation or healing. When they are invoked, though, I don't think that reconciliation or healing is the goal. I suspect that Jimmy Hoffa Jr., when he spoke those lines, cared little about healing the economic problems of the country. I suspect that when militant terminology was invoked by Republican candidates in the 2010 midterms, those candidates were more concerned with winning than with reconciliation or healing.

I think such efforts are fundamentally misguided, and here's why:

Life isn't a zero-sum game. You don't win by making the other guys lose. You win by figuring out a way to make even more people come out ahead.

Back to September 11 and the War on Terror. Consider that the fighting has resulted in the death of 30,000 Pakistani civilians, upward of 4,000 Afghanistan civilians, upward of 98,000 Iraqi civilians, as well as the death of nearly 6,000 American soldiers (in both Afghanistan and Iraq). That's over 138,000 deaths of people who were in no way connected to the 9/11 attacks, and the overall impact, when taking into account the wounded, is far above that. Even if you question the methodology used (perhaps "civilian" includes non-uniformed enemy combatants or something), even scaled back to just 25% of that count, you'd still get 34,500 deaths!

Think about it again:

It would have taken nearly 12 to 46 successful September-11-scale attacks to equal the total innocent death toll of the response to September 11.

Now, I am not arguing that we shouldn't have taken out the Taliban or Osama bin Laden, and certainly that we shouldn't act in our nation's security interests. I'm just pointing out that, by the numbers, the war following September 11 has been much more devastating than the event itself.

While the attacks on September 11 were tragic, the response - the loss of life, and also the growth of hatred and animosity - has been just as tragic, if not more so. When we think of 9/11, it's our obligation to those who died to think of all of the victims, not just the ones who died that day.

The most profound stories of healing and overcoming the tragedy, I find, are the ones about the people who refuse to accept the "enemy meme" that so many of us are so ready to embrace:


Consider the two 9/11 widows - both pregnant at the time of the 2001 attacks - who began a charity, Beyond the 11th, to help Afghanistan widows, as chronicled in the documentary Beyond Belief (also available for streaming through Netflix or purchase through Amazon and other retailers). They have recognized that their healing lies in serving the victims on the other side of the tragedy.

Or the mother of a 9/11 victim who has established a friendship with the mother of one of the convicted 9/11 co-conspirators. They describe their friendship - an active symbol of the most profound forgiveness imaginable - in the TED video embedded below.



And, finally, consider another TED video, this one by the Muslim Naif Al-Mutawa, creator of the Islamic-based comic book The 99, which features 99 heroes from around the world, each of whom has a different power based on 99 virtues that the Koran states are inherent in the nature of Allah. (At least that's my understanding of the religious connection to the series, based on Al-Mutawa's 2010 TED talk.) From within the Muslim community, he is attempting to speak out against the view of "us" against "them" to propose a profound message of unity and peace, of cooperation, toward a brighter future. He refuses to acknowledge the "enemy" role with which the militant fanatics in the Muslim world attempt to brand the non-Muslim world.

The enemy isn't a religion, or even men who want to kill us for whatever reason. The true enemy is the hatred that makes them want to kill us. Yes, of course, we must defend ourselves against those who would act on that hatred, but it is the hatred that we must figure out how to abolish.

I believe that the only true enemy is the ideology of hatred, no matter what tradition it is rooted in.

This September 11, I hope you agree.

And, if you don't, you still aren't my enemy (though I suspect that your ideology may be), and I still wish you nothing but the most profound happiness in life. I believe it can only be found in loving others - all others - as much as you possibly can ... and then doing it a little bit more.

Give it a try for a time and I am certain you'll be surprised with how good it feels.