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Thursday, January 6, 2011

Miscellany: 1/06/11

Quote of the Day

You don't get harmony when everybody sings the same note.
Doug Floyd

Dems, the Deficit, and the Health Care Law

I have written a number of posts on ObamaCare, and I generally prefer not to repeat myself (at least I won't copy and paste from prior posts).

First, more of a procedural point. The Democrats argue that an ObamaCare repeal act is destined for failure and imply it is dishonest to push the repeal next Wednesday (suggesting that the country bill the GOP for the costs in deliberating the fruitless measure). The palpable hypocrisy is unbearable; just a month ago, the lame-duck House Democrats pushed a class-warfare tax cut extension, despited repeated warnings from the 42 Senate Republicans it would go nowhere. And what about the House's earlier versions of health care and climate change which were both dead on arrival?

But with roughly 40% of Senate Democrats up for election next year, including the red/purple states of Montana, Virginia (both which were nail-biters in a big Democratic year), Missouri, North Dakota, West Virginia, Ohio, Michigan, Florida, and Nebraska, at least some senators may reconsider their 2009 vote. The 47 Senate Republicans will almost certainly vote for repeal. I like chances for repeal if it gets to the floor, but will enough Senate Democrats vote for filibuster the measure (and let some of these senators off the hook)? Probably.

There are also a couple of other annoying talking points. First, you have Democrats still pedaling phony CBO numbers, arguing Republicans are being hypocritical and arbitrary in picking and choosing nonpartisan CBO numbers. The Democrats and/or CBO are using the $100-200 billion "surplus" of the 10-year ObamaCare and even $1T over the following decade, but in essence the CBO can only work with the assumptions they have to work with and make no gap analysis; the Democrats simply shifted numbers and assumptions until they got the result they wanted. In fact, according to Paul Ryan (R-WI), it's more like a $700B deficit when you consider: (1) the "doc fix", i.e., the rollback of automatic doctor payment cuts, which is estimated alone at roughly $208B; (2) double-counting of social security/Medicaid cuts and/or revenue increases for two drastically unfunded liabilities; (3) program overhead; and (4) unbalanced comparisons of costs and benefits (e.g., people paying into disability for some period before drawing from it, not to mention 6 years of benefits versus 10 years of revenue).

Second, Schumer (D-NY) is reprising the tired class-warfare rhetoric of the costs associated with continuing the top two income tax bracket rate; the extra 4.6 cents a dollar amounts to $70B a year (which may not factor into account the economic benefits of increased spending or investing by high income taxpayers). Now when the 111th Congress piled up a $3.3T debt and the middle-class tax cut extension costs 3 times more than the figure for top income earners, Schumer cannot speak with integrity on this issue.

Birthright Citizenship (Thumbs UP!): Where I Depart From Other Conservatives

I am not indifferent on this issue; a number of Republicans and conservatives (including almost all the media conservatives) note that only Canada and the US, among developed economies, allow birthright citizenship. They claim that foreigners are trying to exploit the birthright provision in order to obtain a back door immigration opportunity, to take advantage of social welfare programs, etc.

The 14th Amendment is quite clear:
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
The big question, the anti-birthright folks venture, is the meaning of the terms "subject to the jurisdiction thereof". What exceptions are made? In short, the quasi-sovereign American Indian/Native American children or the children of foreign diplomats whom enjoy immunity status from American laws.

The following relevant excerpt comes from the Congressional Research Service:
Although the primary aim was to secure citizenship for African-Americans, the debates on the citizenship provisions of the Civil Rights Act of 1866 and the Fourteenth Amendment indicate that they were intended to extend U.S. citizenship to all persons born in the United States and subject to its jurisdiction regardless of race, ethnicity or alienage of the parents.

In particular, the SCOTUS case U.S. v. Wong Kim Ark (1898) ruled that the American-born child of Chinese aliens, at the time ineligible for naturalization, was a US citizen.

Furthermore, Senate deliberations in 1866 clearly show that legislators understood the context went beyond the consideration of African Americans. Senator Jacob Howard (R-MI), author of the Citizenship Clause (quoted above), explains what he meant by "subject to the jurisdiction":
This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers accredited to the Government of the United States, but will include every other class of persons.
It's clear from context that he was dividing foreigners in two classes: those serving a diplomatic function and other foreigners (whom do not enjoy diplomatic privileges/immunity).

I really don't like the implicit xenophobic attitude, the scapegoating of babies and children by misguided Republicans and conservatives; as a matter of conscience, I cannot support the anti-birthright movement and in fact must actively oppose them.

Political Humor

"Over the weekend, thousands of dead birds fell out of the sky in Arkansas. Apparently this is Arkansas' version of the New Year’s Eve ball drop." - Jay Leno

[Not sure, but I think one of President Obama's New Year resolutions for his golf game is to shoot more birdies. He may also be aiming at the NRA endorsement for his reelection...]

"President Obama plans to sign a $1.4 billion food safety bill. The most dangerous thing about American food? The portions." - Jay Leno

[A reminder: don't toss that banana peel on the ground. It could get you 5 to 10 years at a federal penitentiary.]

Musical Interlude: One-Hit Wonders/Instrumentals

The Tornados, "Telstar"