Roode History

Wednesday, March 30, 2005

judges

FEDERALIST society – SCREEN bush Judges instead of American Bar Assn for over 100 years – property rights absolutists

The differences are suggested by the decisions in the Federal First Circuit which reviews all environmental regs. 2 Repubs and 1 Dem on a 3 judge panel find 80% to 85% of rules unconstitutional. 2 Dems and 1 Repub on a panel find 15% to 20% unconstitutional. The difference is because of different views of the primacy of property versus community interest

Bush41 selected David Suter – considered fine moderate justice. Bush43 – representing religious right – was part of the group that saw to firing John Sununu who had vouched for Suter.

When Bill Clinton had a Supreme Court nomination to make he went to the Republican head of the Judiciary committee -Orin Hatch- and asked for suggestions. “Richard Bryer?” “Cool”.

Republicans blocked 40 of Clintons judges. Many were blacks for the 4th circuit which has the highest % Afr-Am in USA. Jessee Helms blocked all. Frist helped filibuster according to senate record and Repub senator Smith of NH. Now Frist claims blocking judges with majority support is “UNPRECEDENTED.”

Another Bush43 favorite is Elizabeth Owens – who has said there are no due-process (14th amendment) issues if a death penalty case lawyer sleeps a lot. In Illinois – with an entirely different judicial culture than Texas – ½ of the death row cases were bogus when investigated by law students from my Alma Mater – Northwestern. Most defendants can’t hire energetic college students to investigate their cases. Guess what chance over-exuberant politically ambitious prosecutors have with Edith Jones looking over their shoulders. Even attorney general Alberto Gonzales (“torture is OK if Bush43 sez so”) sez Jones is out of the mainstream (he reviewed her appeals)

Most Bush43 judge-nominees are way over average in overturned decisions.

The Senate is scheduled tomorrow to hold a hearing on the nomination of "anti-environmental activist" William G. Myers III to a seat on the 9th Circuit of the federal judiciary. Conservatives are calling efforts to block this nomination "obstructionist." In reality, Myers is an unqualified choice with a long record of hostility toward environmental protections. Myers has drawn opposition from nearly every corner; last year his nomination was blocked after 180 different groups – civil rights, labor, Native American and virtually every environmental organization across the board – came out against his appointment. Here's a look at the Myers activist record:

THE HOSTILE ACTIVIST: Myers has made numerous public statements regarding his philosophy on the federal government's role in protecting the environment. He also attacked the 1994 California Desert Protection Act, which set aside land for two national parks and protected millions of acres of wilderness, as "an example of legislative hubris." In 1996, he also charged that federal management of public lands was comparable with "'the tyrannical actions of King George in levying taxes' on American colonists." He has said there's "no constitutional basis" to protect wetlands. He also railed that "environmentalists are mountain biking to the courthouse as never before, bent on stopping human activity whenever it may promote health, safety and welfare." The cases he was talking about "involved logging on national forests, racial discrimination in the placement of waste treatment plants and protection of irrigation canals from toxic chemicals." For much, much more on Myers's anti-environmental activism, read this report from People for the American Way.

A GOLD MINE FOR CORPORATE INTERESTS: While at the Department of the Interior, Myers drafted a ruling in an attempt to change regulations to allow a foreign-owned gold mine to be established on Indian land in California. The proposed Glamis Imperial Mine Project would be a "1,600-acre open-pit gold mine located in the environmentally sensitive and culturally significant California Desert Conservation Area (CDCA) and infringing on parts of the Quechan Indian Nation's sacred ancestral lands." The devastation to the land would be enormous, but according to estimates, "the mine would produce only one ounce of gold for every 280 tons of rock disturbed." Also, federal regulations prohibit any activity on the protected CDCA which could cause "undue impairment." Myers twisted that, arguing that the term "undue impairment" was meaningless, too vague to enforce; thus, he said, the mine was allowed. His opinion was later shot down by a federal judge who ruled it twisted the "clear mandate" of federal law to prevent the degradation of land.

LAND GIVEAWAYS: In June 2003, as the chief lawyer for the Interior Department, Myers prodded two congressmen from Northern California to introduce a bill "that would have given away $1 million worth of public land near this city north of Sacramento to a private firm." In 2000, Yuba River Properties was caught mining public land. The company claimed it owned the land; Myers eagerly championed the company's claim. Without bothering to consult officials in the Department of the Interior, he sent two California congressmen a memo saying the Interior Department would support legislation to officially give the land to the company for free. The deal finally fell apart when it came to light that Yuba River had never paid taxes on the land it claimed to own and, in fact, Interior agents in the California office were able to produce "readily available documents" proving the land was indeed owned by the government. As Timothy Carroll, an official in the California office, said in an e-mail to a coworker, "Turns out Solicitor William G. Myers III suggested this solution to [the congressmen]. Would have been nice if he had asked us first."

THE ROBBINS CASE: Myers has also been the subject of a two-year investigation for turning a blind eye to the actions of a well-connected Wyoming rancher named Frank Robbins. While Myers was solicitor at the Department of the Interior, Robbins enjoyed "virtually carte blanche authority to violate federal grazing laws." A federal report found the deputy director of the Bureau of Land Management, Myers's associate solicitor and another unnamed lawyer in his solicitor's office "failed to act impartially and gave preferential treatment to Mr. Robbins in negotiating and crafting" a settlement in grazing rights violations on federal land.

QUESTIONABLE LEGAL QUALIFICATIONS: Myers is a strange choice for a top federal judgeship position. He's never been on the bench, and the American Bar Association's judicial screening committee wasn't bowled over by his legal record. Not a single person on the 15-member panel rated him "well qualified." More than a third actually rated him as "not qualified," the lowest possible rating. As California's San Jose Mercury put it, "Myers's record on the environment is weak; his other legal experience is not broad enough to compensate. Environmentally conscious Republicans should join Democrats in opposing him."

FOREVER LOBBYIST: Before his position in President Bush's Department of the Interior, Myers was a long-time lobbyist for "ranching, mining and timber interests." He spent years fighting to "impede Clinton administration efforts to preserve endangered species, safeguard wilderness and protect public lands from overgrazing." While in the administration, his ties to the industry remained strong. According to analysis, Myers repeatedly met with industry lobbyists while at the Interior Department. He sat down with representatives from grazing, mining and other industries at least 32 times while solicitor. In that same time, he met with one single environmentalist.

Terrence Boyle, who has been nominated to the United States Court of Appeals for the Fourth Circuit, based in Richmond, is also a troubling choice. He has an extraordinarily high reversal rate for a district court judge. Many of the decisions that have been criticized by higher courts wrongly rejected claims involving civil rights, sex discrimination and disability rights. Mr. Boyle's record is particularly troubling because the court reversing him, the Fourth Circuit, is perhaps the most hostile to civil rights in the federal appellate system, and even it has regularly found his rulings objectionable.

Thomas Griffith, who has been nominated to the powerful Court of Appeals for the District of Columbia Circuit, has the unfortunate distinction of having practiced law in two jurisdictions without the required licenses. While practicing law in Washington, D.C., he failed to renew his license for three years. Mr. Griffith blamed his law firm's staff for that omission, but the responsibility was his. When he later practiced law in Utah as general counsel at Brigham Young University, he never bothered to get a Utah license.


Friday, March 25, 2005

"err on the side of life"

Would it cost money to always “err on the side of life”? Cut medicaid?

Would it require making defense lawyers in capital cases stay awake – contra one of Bush43’s favorite judges. Patricia Owens – to “err on the side of life”?

Would appointing someone who is stridently against humanitarian intervention (3 million dead in Congo) to the UN ambassadorship be "erring on the side of life"?

How about writing memos on death-penalty cases?

http://writ.news.findlaw.com/dean/20030620.html

Berlow's Assessment of the Memos: No Consideration of Crucial Issues

"During Bush's six years as governor 150 men and two women were executed in Texas," Berlow reports in the Atlantic, "a record unmatched by any other governor in modern American history."

From 1995 to 1997, Gonzales acted as his legal counsel when the then-Governor decided whether to grant clemency, or to allow the executions to go forward. What kind of counsel did Gonzales provide? According to Berlow, he "repeatedly failed to apprise the governor of crucial issues in the cases at hand: ineffective counsel, conflict of interest, mitigating evidence, even actual evidence of innocence."

Berlow writes that the memos reflect "an extraordinarily narrow notion of clemency." They appear to have excluded, for instance, factors such as "mental illness or incompetence, childhood physical or sexual abuse, remorse, rehabilitation, racial discrimination in jury selection, the competence of the legal defense, or disparities in sentences between co-defendants or among defendants convicted of similar crimes."

Take the case of Terry Washington, a thirty-three-year-old mentally retarded man with the communications skills of a seven-year-old executed in 1997. Gonzales's clemency memo, according to Berlow, did not even mention his mental retardation, or his lawyer's failure to call, at trial, for the testimony of a mental health expert on this issue. Nor did it mention that the jury never heard about Washington's history of child abuse; he was one of ten children, all of whom "were regularly beaten with whips, water hoses, extension cords, wire hangers, and fan belts."

Execution of the mentally retarded was already under a shadow at that point - a shadow has only deepened over the ensuing years. In 2002, in Atkins v. Virginia, a majority of the Supreme Court held - too late for Washington - that executing the mentally retarded is "cruel and unusual" punishment prohibited by the Eighth Amendment.

And plainly, Washington's counsel had been ineffective: his strongest argument was never pressed. (Similarly, with respect to death row inmate Carl Johnson, "Gonzales failed to mention that Johnson's trial lawyer had literally slept through major portions of the jury selection.")

For these reasons, Gonzales' silence about Terry Washington's retardation is both inexplicable and stunning.

But according to Berlow, Gonzales went even further: "I have found no evidence that Gonzales ever sent Bush a clemency petition - or any document," Berlow writes, "that summarized in a concise and coherent fashion a condemned defendant's best argument against execution in a case involving serious questions of innocence...." This suggest that even the crucial issue of guilt versus innocence was frequently ignored.

What did Gonzales's memos include, then? They focused heavily on repeating the purported gruesome details of the crime. By doing so, they no doubt made it easier for the governor to feel he was doing the right thing by denying clemency.

Gonzales claimed to Berlow that his execution briefings had always provided Bush a "detailed factual background of what happened," along with "other outstanding facts or unusual issues." Berlow's review of the memos themselves, however, belied that claim.

A Possible Conflict with Bush's Own Account of His Clemency Review Procedures

In his 2000 campaign autobiography, A Charge To Keep, Bush refers to these "numerous" death penalty cases and says: "Each case [was] major, because each case [was] life or death."

Bush claims that he "review[ed] every death penalty case thoroughly," meeting with his legal counsel on the morning of every execution. And according to Bush, "In every case, I would ask: Is there any doubt about this individual's guilt or innocence? And have the courts had ample opportunity to review all the legal issues in this case?"

These two fundamental questions were apparently the only ones on which Bush focused. His record indicates, for instance, that he did not see his role as one of mercy, the traditional reason for clemency. Accordingly, he refused to grant clemency to born-again Christian Karla Faye Tucker, despite the pleas of death penalty supporters Pat Robertson and Jerry Falwell.)

Troublingly, the two fundamental questions upon which Bush says he exclusively focused, were also the very questions that, according to Berlow, Gonzales routinely declined to address in his memos to Bush.

How can this discrepancy be explained? It seems unlikely that Gonzales advised Bush only orally, and not on paper, as to these factors. The level of factual detail in each case, and the sheer number of cases considered, would have made a tradition of purely oral briefings impracticable.

It also seems unlikely that Gonzales failed in his duty to address Bush's questions - if so, why didn't Bush advise him that his memos were subpar and ask for more detail next time?

It's hard to reach any conclusion, after reading Berlow's account of the memos, except the obvious one: Bush considered only the narrow factors included in the memos, and not the two more expansive questions he claims in his autobiography to have raised. And in fact, the Texas clemency proceedings under Bush were even worse than previously believed.

Long before Berlow's article, Amnesty International had concluded that the "jurisdiction that executes more people than any other in the Western world, Texas has turned the final safeguard of executive clemency into nothing more than an empty gesture."

Indeed, by 1999, Amnesty judged that "the Texas clemency process violates minimum human rights safeguards, by failing to ... comply with reasonable concepts of fairness and provide [] protection against arbitrary decision-making by the court." The Gonzales clemency memos establish that, in fact, it was even worse than Amnesty knew.

Gonzales's Views Won't Trouble Bush, But Their Exposure May

Gonzales's apparent death penalty views are unlikely to stop Bush from nominating him to the U.S. Supreme Court. After all, Bush is already well aware of them, from his years in Texas. And he has said that Justices Antonin Scalia and Clarence Thomas are his High Court role models, and they hold similar views to those Gonzales expressed in his memos about what factors should, and should not, impede an execution.

Scalia wrote a stinging dissent in Atkins, and Thomas joined him. Both believe the Constitution allows executions of the mentally retarded.

And neither Justice is particularly concerned about ineffective assistance of counsel. For instance, in a 2000 ruling, both joined Chief Justice Rehnquist's dissent in Williams v. Taylor - in which the Chief Justice said, in essence, that the defendant looked like a bad guy to him, so regardless of whether he had good or bad legal representation, Virginia should go ahead and execute him.

However, the public exposure of Gonzales's views may play a role in convincing Bush to choose another nominee. George H.W. Bush seemed to prefer nominees without a paper trail, such as David Souter, and his son has already offered up one paper-free nominee, Miguel Estrada. for the U.S. Court of Appeals for the D.C. Circuit.

On the other hand, such a strongly pro-death penalty nominee might only bring Bush accolades from the public.

In May 2003, the Gallup organization reported that in all the years it has been polling the nation on the issues - since the 1930s - never has there been more support for the death penalty. Today a staggering seventy-seven percent of the nation is in favor.

Most shockingly, Americans still support the death penalty in large numbers despite an awareness that innocent people are executed. Gallup's most recent polls also find that seventy-three percent of Americans "believe an innocent person has been executed under the death penalty in the last five years."

Though "Liberals (84%) and Democrats (79%) are more likely than conservatives (64%) and Republicans (63%) to believe innocent people have been executed in the last five years," across the board this belief is strong. Yet support for the death penalty prevails.

In another country, Gonzales's paper trail might haunt him. (112 of the world's 195 countries have abolished the death penalty, either as a matter of law or of practice.) In this country, it may well put him on the Supreme Court.

A Thin View of 'Life'

By E. J. Dionne Jr.

Friday, March 25, 2005; Page A19

FORT MYERS, Fla. -- What does it mean to be pro-life?

The label is thrown around in American politics so blithely that you'd imagine it refers to some workaday issue such as a tax bill or a trade agreement. Might the one good thing to come out of the rancid politics surrounding the Terri Schiavo case be a serious discussion of the meaning of that term?

To begin with, why did Congress feel an obligation to turn Schiavo's tragedy into a federal case? President Bush's answer was compelling: "In a case such as this, the legislative branch, the executive branch ought to err on the side of life."

You don't have to be a religious conservative to agree with that or to worry about prematurely allowing someone to die. But what, exactly, does "a case such as this" mean? Does it refer to one that received widespread publicity and became a major national cause for the right-to-life movement? Does it refer to one in which the parents and the spouse disagree?

There are countless decisions made every week when a family member removes someone they love from life support. Just over a week ago, a 5 1/2-month-old baby named Sun Hudson died after doctors at Texas Children's Hospital removed the breathing tube that had kept him alive. It was removed over his mother's opposition under the provisions of the 1999 Texas Advance Directives Act signed by then-Gov. George W. Bush.

Democrats such as Rep. Debbie Wasserman Schultz of Florida have been arguing that Bush's decision to sign the bill aimed at protecting Schiavo's life is inconsistent with his earlier decision to sign a law designed to rationalize the way end-of-life decisions are made.

But leave that aside and just ask why Schiavo's case was a national cause and Sun Hudson's wasn't. I am sure there are medical and moral distinctions to be made, but honestly: How many bills would Congress have to pass to ensure that in every close medical call around the country, we "err on the side of life"? How many courts would have to be involved? That's why it's not surprising the Supreme Court decided yesterday to stay out of this controversy.

Whether or not signing that Texas bill puts the 1999 Bush at odds with the 2005 Bush, the act of approving it was an acknowledgment that end-of-life issues in an age of advanced medical technology must be confronted, however wrenching they are. Facing up to those questions and drawing distinctions is especially important for those -- and I'm one of them -- who oppose doctor-assisted suicide.

How has Terri Schiavo's care been financed? The available information suggests that some of the money came from one of those much-derided medical malpractice lawsuits and that the drugs she needs have been paid for by Medicaid.

The irony has not been lost on Democrats. Just a few days after most Republicans in both houses of Congress had supported cuts in federal funding of Medicaid, here they were erring "on the side of life" in a single case. The same issue has come up here in Florida, where Gov. Jeb Bush, a strong supporter of keeping Schiavo alive, has been proposing cuts in Medicaid spending.

Republicans cry foul when any link is made between the Schiavo question and the Medicaid question. "The fact that they're tying a life issue to the budget process shows just how disconnected Democrats are to reality," harrumphed Dan Allen, a spokesman for House Majority Leader Tom DeLay.

Forgive me, Mr. Allen, I know you're just doing your job, but what's disconnected from reality is refusing to accept the idea that health care is about life issues and money issues.

People who lack access to health care because they can't afford insurance often die earlier than they have to -- with absolutely no national publicity and with no members of Congress rising up at midnight to pass bills on their behalf. What is the point of standing up for life in an individual case but not confronting the cost of choosing life for all who are threatened within the health care system or by their lack of access to it?

What does it mean to be pro-life? As far as I can tell, most of those who would keep Schiavo alive favor the death penalty. Most favored allowing the assault weapons ban to expire and oppose other forms of gun control. The president makes an excellent point when he says we "ought to err on the side of life." It's a shame how rarely that principle is put into practice.

Thursday, March 24, 2005

Reagan Legacy - Juan Cole

Ronald Reagan, De-Mythologized
By Juan Cole
Mr. Cole is Professor of Modern Middle Eastern and South Asian History at the University of Michigan. His website is http://www.juancole.com/.

I did not say anything about Ronald Reagan's death on Saturday. The day a person dies he has a right to be left alone.

But yesterday is now history, and Reagan's legacy should not pass without comment.

Reagan had an ability to project a kindly image, and was well liked personally by virtually everyone who knew him, apparently. But it always struck me that he was a mean man. I remember learning, in the late 1960s, of the impact Michael Harrington's The Other America had had on Johnson's War on Poverty. Harrington demonstrated that in the early 1960s there was still hunger in places like Appalachia, deriving from poverty. It was hard for middle class Americans to believe, and Lyndon Johnson, who represented many poor people himself, was galvanized to take action.

I remember seeing a tape of Reagan speaking in California from that era. He said that he had heard that some asserted there was hunger in America. He said it sarcastically. He said, "Sure there is; they're dieting!" or words to that effect. This handsome Hollywood millionnaire making fun of people so poor they sometimes went to bed hungry seemed to me monstrous. I remember his wealthy audience of suburbanites going wild with laughter and applause. I am still not entirely sure what was going on there. Did they think Harrington's and similar studies were lies? Did they blame the poor for being poor, and resent demands on them in the form of a few tax dollars, to address their hunger?

Then when he was president, at one point Reagan tried to cut federal funding for school lunches for the poor. He tried to have ketchup reclassified as a vegetable to save money. Senator Heinz gave a speech against this move. He said that ketchup is a condiment, not a vegetable, and that he should know.

The meanness was reflected, as many readers have noted, in Reagan's "blame the victim" approach to the AIDS crisis. His inability to come to terms with the horrible human tragedy here, or with the emerging science on it, made his health policies ineffective and even destructive.

Reagan's mania to abolish social security was of a piece with this kind of sentiment. In the early twentieth century, the old were the poorest sector of the American population. The horrors of old age--increasing sickness, loss of faculties, marginalization and ultimately death--were in that era accompanied by fear of severe poverty. Social security turned that around. The elderly are no longer generally poverty-stricken. The government can do something significant to improve people's lives. Reagan, philosophically speaking, hated the idea of state-directed redistribution of societal wealth. (His practical policies often resulted in such redistribution de facto, usually that of tossing money to the already wealthy). So he wanted to abolish social security and throw us all back into poverty in old age.

Reagan hated any social arrangement that empowered the poor and the weak. He was a hired gun for big corporations in the late 1950s, when he went around arguing against unionization. Among his achievements in office was to break the air traffic controllers' union. It was not important in and of itself, but it was a symbol of his determination that the powerless would not be allowed to organize to get a better deal. He ruined a lot of lives. I doubt he made us safer in the air.

Reagan hated environmentalism. His administration was not so mendacious as to deny the problems of increased ultraviolet radition (from a depleted ozone layer) and global warming. His government suggested people wear sunglasses and hats in response. At one point Reagan suggested that trees cause pollution. He was not completely wrong (natural processes can cause pollution), but his purpose in making the statement seems to have been that we should therefore just accept lung cancer from bad city air, which was caused by automobiles and industry, not by trees.

In foreign policy, Reagan abandoned containment of the Soviet Union as a goal and adopted a policy of active roll-back. Since the Soviet Union was already on its last legs and was not a system that could have survived long, Reagan's global aggressiveness was simply unnecessary. The argument that Reagan's increases in military funding bankrupted the Soviets by forcing them to try to keep up is simply wrong. Soviet defense spending was flat in the 1980s.

Reagan's aggression led him to shape our world in most unfortunate ways. Although it would be an exaggeration to say that Ronald Reagan created al-Qaeda, it would not be a vast exaggeration. The Carter administration began the policy of supporting the radical Muslim holy warriors in Afghanistan who were waging an insurgency against the Soviets after their invasion of that country. But Carter only threw a few tens of millions of dollars at them. By the mid-1980s, Reagan was giving the holy warriors half a billion dollars a year. His officials strong-armed the Saudis into matching the U.S. contribution, so that Saudi Intelligence chief Faisal al-Turki turned to Usamah Bin Laden to funnel the money to the Afghans. This sort of thing was certainly done in coordination with the Reagan administration. Even the Pakistanis thought that Reagan was a wild man, and balked at giving the holy warriors ever more powerful weapons. Reagan sent Orrin Hatch to Beijing to try to talk the Chinese into pressuring the Pakistanis to allow the holy warriors to receive stingers and other sophisticated ordnance. The Pakistanis ultimately relented, even though they knew there was a severe danger that the holy warriors would eventually morph into a security threat in their own right.

Reagan's officials so hated the Sandinista populists in Nicaragua that they shredded the Constitution. Congress cut off money for the rightwing death squads fighting the Sandinistas. Reagan's people therefore needed funds to continue to run the rightwing insurgency. They came up with a complicated plan of stealing Pentagon equipment, shipping it to Khomeini in Iran, illegally taking payment from Iran for the weaponry, and then giving the money to the rightwing guerrillas in Central America. At the same time, they pressured Khomeini to get US hostages in Lebanon, taken by radical Shiites there, released. It was a criminal cartel inside the US government, and Reagan allowed it, either through collusion or inattention. It is not a shining legacy, to have helped Khomeini and then used the money he gave them to support highly unsavory forces in Central America. (Some of those forces were involved after all in killing leftwing nuns.)

Although Reagan's people were willing to shore up Iranian defenses during the Iran-Iraq War, so as to prevent a total Iraqi victory, they also wanted to stop Iran from taking over Iraq. They therefore winked at Saddam's use of chemical weapons. Reagan's secretary of state, George Schultz, sent Donald Rumsfeld to Baghdad twice, the second time with an explicit secret message that the U.S. did not really mind if Saddam gassed the Iranian troops, whatever it said publicly.

I only saw Reagan once in person. I was invited to a State Department conference on religious freedom, I think in 1986. It was presided over by Elliot Abrams, whom I met then for the first time. We were taken to hear Reagan speak on religious freedom. It was a cause I could support, but I came away strangely dissatisfied. I had a sense that "religious freedom" was being used as a stick to beat those regimes the Reagan administration did not like. It wasn't as though the plight of the Moro Muslims in the Philippines was foremost on the agenda (come to think of it, perhaps no Muslims or Muslim groups were involved in the conference).

Reagan's policies thus bequeathed to us the major problems we now have in the world, including a militant Islamist International whose skills were honed in Afghanistan with Reagan's blessing and monetary support; and a proliferation of weapons of mass destruction, which the Reagan administration in some cases actually encouraged behind the scenes for short-term policy reasons. His aggressive foreign policy orientation has been revived and expanded, making the U.S. into a neocolonial power in the Middle East. Reagan's gutting of the unions and attempt to remove social supports for the poor and the middle class contributed to the creation of an America where most people barely get by while government programs that could help create wealth are destroyed.

Reagan's later life was debilitated by Alzheimer's. I suppose he may already have had some symptoms while president, which might explain some of his memory lapses and odd statements, and occasional public lapses into woolly-mindedness. Ironically, Alzheimer's could be cured potentially by stem cell research. In the United States, where superstition reigns over reason, the religious Right that Reagan cultivated has put severe limits on such research. His best legacy may be Nancy Reagan's argument that those limitations should be removed in his memory. There are 4 million Alzheimers sufferers in the U.S., and 50 percent of persons living beyond the age of 85 develop it. There are going to be a lot of such persons among the Baby Boomers. By reversing Reaganism, we may be able to avoid his fate.

Tuesday, March 22, 2005

culture of life

Culture of Life

30% US health care spending last 3 months of life for people with tubes and limited quality of life –

last election Kerry: tax cuts over $200,000 yearly income roll back to get universal child

health care

Why $80,000 / annual for impaired life and against a few hundred annul for kids where long term 8:1 payback in savings later?

Bush43 – cut by 1/3 value of human life when calculating how much it is worth to protect people from industrial chemicals etc.

Stripped environmental protection from 1/10 of US land area;

Shift burden of cleaning up toxic waste from polluters to general population

Proposed plan to allow more than 4 times as much mercury in America’s air compared to current law.

Death penalty in Texas – errors – “no thought” - memos from Alberto “torture is OK if Bush43 sez so” Gonzales LEAVING OUT reasons for appeal

supporting "culture of life" 2/3 liquid brain Florida emergency congressional session, John Bolton - ambassador to U.N. manifest contempt human life consistently argued murder of innocents in strategically unimportant places like Bosnia, Kosova, and Africa, is not a concern of the United States, and should not be a concern of the U.N., either.

Bolton flatly opposes the use of U.N. peacekeepers in civil conflicts, because he does not deem these "threats to international peace and security . Bolton has testified against U.N. involvement in Congo, an inter-state conflict that has cost 3 million lives. He blasted the United Nations' concept of operations for its Ethiopia-Eritrea operation and rejected the U.N. civil administration missions in Kosovo and East Timor. Bolton criticized any " 'right of humanitarian intervention' to justify military operations to prevent ethnic cleansing or potential genocide." Genoocide in Darfur? Never mind.

Bush on human embryo research - Many thousands of human embryos are created each year in fertility clinics; it's only when it is proposed that these certain-to-be-discarded embryos be used for life-saving research that the Hammer comes down and Congress is asked to take a stand for life. Wouldn't want to inconvenience or embarass possible Republican voters utlilizing those fertility clinics, right?

ABORTION rates?

Unwanted children? 17 years after an individual liberalizes abortion (preRoeVWade)

big drop crime ?

17 years after Roe V Wade big drop crime nationwide (Donohue and Levitt

Big drop abortion Clinton – his Tax policy à Jobs available – minority unemployment record low - strongly rising income working poor

Welfare reform (drops child abuse in Illinois 50%) allows poor to keep health care, makes child care available

Abortion – raises in Reagan and Bush43 – their story – poor are undisciplined or immoral from “if it feels good do it culture” of 1960’s (book “Dream and nightmare”)– if so: Why are poor more immoral in Bush43?

Bush43, when governor of Texas, approved a measure to switch off life support where people didn’t have the money to pay any more

Thursday, March 17, 2005

3-16-2005 Economic turnaround since New Deal - cynicism - nastiness - Vietnam

Before the Reagan-Bush43 tax revolution US had smallest gap between rich and poor of any developed nation. Today we have the largest gap. The poorest 40% have 3% of the wealth and falling fast. The richest 1% are living large.

This year we’re cutting health care, education, science – and giving a $140,000 additional yearly raise to those making over $million annually.

Bush43’s “Era of ownership” does not mention that the young “own” the huge debt being generated. Federal tax revenues are lowest % GDP in 50 years 17%. Reagan-Bush43 tax revolution is shifting distribution of rewards of increased productivity – to rich - away from working class. Tax “cuts” are really a “shift” of tax load to future members of working class. The gap should keep increasing.

The 1983 Social Security adjustment asked workers – thru regressive payroll taxes - to contribute increased $ which the government would set aside. Reagan and Bush43 have instead spent “TRUST” fund from workers on tax cuts for the rich, defense spending and disguise the size of his real deficits.. Clinton raised taxes in upper brackets slightly and was setting Trust fund aside and paying down deficits as promised Bush43/Greenspan say we don’t have enuf $ for Ssecy benefits for workers - and the rich cannot be asked to return their much larger tax shifts – the $10 trillion deficit turnaround in 10 year projections Bush43 vs Clinton

Bush43 tax cuts- in capital bubble (too much capacity – not enuf demand) huge cuts of progressivity and prog taxes – inflating bubble further – cut labor market participation 10%. “stimulus” package should give quick short-term boost. Only 8% B43 cuts into economy quickly – only items added by Democrats. 92% of the cuts anti-progressive à long term structural deficits after recovery while we should be running a surplus.

Cuts in Bush43 budget – veterans healthcare (1% increase with many amputees etc coming in – 1/3 on waiting lists. Center for Disease control – when bird flu is seen as possible pandemic – medicare – Medicaid – cut health care for more of the poor

In 1950 à 2004

Total fed tax load 20% à 17% extra 3% because most progressive taxes cut

Corporate taxes were 26.5% à 9.1% make states pay - where top1% pay 5.2%

Estates, cap gains, interest ~40% à abolish? bottom 20% pay 11.4% rate

payroll – regressive 6.9%. à 35.5%

in the future Bush43 plan - all taxes on consumption = “reform”

Most recoveries labor gets 9% growth – Bush43 recovery .3% wage increase (mostly top)

Most recov Corp profits 12.3% growth - B43 – corp profits 39% increase =40.4% of all growth

Clinton helped the ratios (corporate share up 10% - payroll share down 12.4% W&Dp149

Bush43 economics - Census Bureau - 2001 through 2004, poverty increased, income stagnated and the ranks of the uninsured grew, while the United States spent $trillions on tax cuts, which mainly benefited wealthy families. Since Bush43 came to power, 4.3 million people have fallen below the poverty line, bringing the total number in poverty in 2003 to 35.9 million, or 12.5 percent of the American population.

Bush43 2001 tax cuts- in a capital bubble (too much capacity – not enuf demand) were really huge cuts of progressivity in the income tax and all the most progressive taxes. It cut labor market participation 10%. A stimulus package should give quick short term boost. Only 8% of his “stimulus” went into economy quickly – only items added by Democrats. 92% of the cuts anti-progressive à long term structural deficits while we should be running a surplus.

Cuts in Bush43 budget – veterans healthcare -1% increase well below inflation with many amputees etc coming in – 1/3 on waiting lists.) Center for Disease control – when bird flu is seen as possible pandemic. Medicare and Medicaid – cut health care for more of the poor. Vocational education gone completely – first education cuts in many years.

the Bush43 SSECY commission – along with borrowing from the bond market to bet on the stock market - recommended a change in indexing - from “standard of living” to “inflation.” The current plan Boomers (who vote) will get about 36% of earlier earnings in benefits. People now in their 20’s would get 27% of earlier earnings after this “small” adjustment has 40 years to compound. Babies born now will get about 20% of earlier earnings – the next generation 12% and so forth – a slow phase-out of Social Security - fulfilling a long term goal of the anti-new-dealers.

Current events – In 1973 in Chile Kissinger and CIA “approved” BLOODY military coup – General Pinochet – overthrow democracy. . Pinochet’s agents even blew up a diplomat from the elected government in Washington DC because he was stirring upb trouble. We’re just finding hundreds of hidden bank accounts. Conservative economists overhauled Chile’s economy including privatizing Chile’s Soc Security system – without the huge debt Bush43’s plan incurs.

“private” pension (with soaring stock market) finances a 20-year annuity $315 a month.

Same earnings in old system pension more than double - almost $700 a month - good until they die.

HOW DID US go from least unequal to most unequal – Social Darwinist heaven?

The mantra “GOVERNMENT IS THE PROBLEM” is fundamental.

“TAXES ARE EVIL” “I WANT MINE – HELL WITH THE FUTURE” are easy steps from there.

The contradictions between Cold War reality and American principles – fake dominoes etc - made much of the left cynical and angry. The cultural backlash from war protests, Civil rights, women’s rights , school prayer, etc became a “culture war.” Cultural wedge issues were used with great facility by the old anti-New-Deal coalition.

It starts with cynicism about government. Assassinations, riots,

Vietnam – right after WWII French try to regain their colony from Ho who had fought Japanese. Ho quotes Declaration of Independence wants us as ally agst Chinese (rather eat 20 years of amer or French s**t rather than 1000 years of Chinese s**t).

Our Army guys on the ground tell us “go with Ho – he will win” politicians ignore – simplistic categories “communist” - need French in Europe for NATO – all communists are alike as “dominoes’ – Chinese, Russians, Viets

Civil rights – non-violence – television - King preaches Ghandian passive resistance – Christian and middle class values – Bull Connor – dogs, water hoses - hate-filled faces in Little Rock

LBJ – passion for power to live up to FDR legacy (Pope and statue) filling shoes martyred war hero (who could have withdrawn) but Cuba Blowback– JFK dead - Let Vietnam blow up and go down the tubes just after pretty-boy leaves? Argggh!

Johnson has run against “war-monger” Goldwater – Daisy atomic countdown commercial – with plans to escalate ready for right after election – he must guard his political capital – afraid of the “Who Lost China” crowd –

LBJ - Texas constituency – not war hero - must be tough

McCarthy’s slimy aura still overhung politics – esp for those who had designs on grand historical achievements like eliminating

Phone calls to Richard Russell – this horrible impossible Viet war will be the death of me – hopeless – how can I escape – and simultaneously hypersensitive to criticism

McNamara forced to resign when he decided the war was unwinnable

What Johnson wanted to with his presidency – poverty and civil rights

1964 24th amendment – outlaw poll tax – Civil rights act

1965 – Voting rights act

Poverty rate – 22% 1959 drops to 11% 1973 –

Great society biggest effect elderly 30% to 15% Whites 19% to 9%

Blacks only (approx) 45% to 30%

5 days after Voting rights Watts Riots – Black Nationalism – Malcom X

Showing the war on TV is critical – reporters with troops – blood and guts – summary executions – napalm – villages being burned while women and children huddle

Very nasty polarizing arguments - war is evil vs pacifists are traitors

Cynicism nastiness public life - Assassination RFK – middle east blowback - MLK killed – more big riots –

NIXON – very nasty political fighter - before 1968 election - secret negotiations with Vietnamese leaders – stop peace talks – I’ll get you a better deal – peace would be inconvenient for election

Claims “Secret Plan” for ending war

Monday, March 14, 2005

social security "crisis" - debt - medical care

The image “http://www.nybooks.com/images/tables/20050310img1.gif” cannot be displayed, because it contains errors.

George Akerlof, 2001 Nobel Prize laureate in economics:

I think this is the worst government the US has ever had in its more than 200 years of history. It has engaged in extraordinarily irresponsible policies not only in foreign and economic but also in social and environmental policy. This is not normal government policy. Now is the time for people to engage in civil disobedience.

Laffer Curve –( SUPPLY SIDERS – TRICKLE DOWN) In the late 1970’s Republicans make key political “discovery” – Laffer (crank economist) claims you can cut tax rates and get more money! 15% of your income will produce more revenue than 30%!!

If Tax receipts will rise if there are lower rates – we can keep on spending and give $ back to taxpayers - Carter had preached sacrifice and discipline – Reagan says “FREE LUNCH

This “discovery” makes politicians very happy – Especially Ronald Reagan whose mind is unique.

Reagan believed fervently in a “Star Wars” missile defense system – for which his only “evidence” of effectiveness was movies. Reagan in 1940 played a secret agent protecting the newly invented “super-weapon” “inertia projector” which will paralyze and destroy enemy planes which will “not only make the United States invincible in war, but, in doing so, promises to become the greatest force for world peace ever discovered.” In Alfred Hitchcock’s Torn Curtain (1966) Paul Newman played an agent who declares “We will produce a defensive weapon that will make all nuclear weapons obsolete, and thereby abolish the terror of nuclear warfare.” Reagan’s Star Wars speeches borrowed liberally from the movies. A weapons system costing many 10’s of $Billions had much more in common with movie marketing than weapons that are tested. Gorbachev told us we were welcome to waste our money – but the idea was too stirring politically-poetically to discard. Gorbachev also asked Reagan what we would when we lost our favorite enemy. It was unveiled with no serious consultation with anyone serious in the Pentagon. It has consumed billions of dollars altho all serious scientists believe countermeasures would be much simpler and cheaper. As a device for spending many times more than an enemy its efficiency is unparalleled. It’s so good politically that Republicans insist on deployment BEFORE successful tests.

The Laffer curve was just as politico-poetically useful. It meant Reagan could give huge tax cuts to the rich while spending huge amounts on elaborate weapons systems and claim no deficits would result. The appearance of huge deficits has had no effect on the true believers – including the editorial page editor of the Wall Street journal.

David Stockton – his budget director – described trying to explain why this was “VOODOO ECONOMICS” as Bush41 correctly claimed. Reagan’s mind proved absolutely impervious or impermiable to logic or evidence. Stockman talked about a boy so sure he will get a horse for Christmas that when he instead finds a pile of manure in the stall he starts digging to uncover the horse. Reagan never bothered to dig – his faith in the horse was total.

Republicans become PRO_TAX_CUT! Two-free-lunch politics! We can keep spending and you can have lots of your money back if you’re rich. “It’s your money” and the kids will handle the debt – and they don’t vote or pay attention.

Laffer was always used to cut progressive taxes – never those that hit the poor. The abused upper classes were rescued.

SOCIAL SECURITY CRISIS? If the basic rate of growth of our economy for the next 50 years is the same as that for the last 50 years –about 3% - Social security has no long term problem paying benefits (abbreviate this as guess “OK ”. If, as in the Social Security trustees “pessimistic” guess “DRAT” rate of growth is about 1.9%, Social Security has about $4Trillion (“4T”) deficit over 50 years. Demographics – the increase in the ratio of old people to workers - is a minor manageable problem. We could get rid of the huge tax cuts for the rich which are much bigger than SSECY (DRAT” scenario) deficit. Or a 1% annual wealth tax on wealth over $10 million.

The BUSH43 propaganda relies on growth prediction “DRAT” to claim CRISIS crisis – THEN SWITCHES to growth prediction OK to claim STOCK MARKET SOARS

Medicaid and medicare are much bigger problems – 250% bigger short term – 760% bigger ($28T) over 75years no matter what the economic growth. Republicans love our health care system – Cadillac care at the top – 45 million uncovered at the bottom.

But the mainly private U.S. health care system spends far more (15% of GDP and heading for 20%) than the mainly public health care systems of other advanced countries (9 or 10%), but gets worse results. In 2001, we spent $4,887 on health care per capita, compared with $2,792 in Canada and $2,561 in France. Yet the U.S. does worse than either country by any measure of health care success you care to name - life expectancy, infant mortality, whatever. (At its best, U.S. health care is the best in the world. But the ranks of Americans who can't afford the best, and may have no insurance at all, are large and growing.)

The “privatization” option of Social Security or “Private accounts” will BORROW money from the BOND market (another $5 trillion debt for the first 20 years of private accounts according to Concord Coalition- for young to pay interest on for the rest of your life) and invest it in stocks and hope that the Stock market outperforms the bond market by a huge margin. Enough to pay transaction costs AND outperform the Bond market by over 3%.

HOWEVER: When debt levels get very high – whether an individual’s credit cards or a nation’s debts – interest rates go up. The bond market goes up with high interest rates, the stock market goes down. The stock market is already over-priced historically at a 24:1 Price:earnings ratio compared to a 14:1 historical norm. The bet is already made at 24:14 odds against – not even considering our huge and rapidly rising debt.

The Medicare Drug benefit passed last year added another $8 trillion to our long term obligations (30 years). The original projections were grossly underestimated. Canadians pay about 1/3 as much for drugs as we do but the Republicans forbid using market leverage forces to get lower prices.

Bush43 economics - Census Bureau - 2001 through 2004, poverty increased, income stagnated and the ranks of the uninsured grew, while the United States spent some $400 billion on tax cuts, which mainly benefited wealthy families. Since Bush43 came to power, 4.3 million people have fallen below the poverty line, set at $18,660 for a family of four in 2003, bringing the total number of people living in poverty in 2003 to 35.9 million, or 12.5 percent of the American population.

The poor will always suffer most from recession and job losses. But one sure way to stem the slide into poverty is by bolstering state programs that directly benefit the poor, like job training, health care and child care. The administration devoted only 3 percent of its stimulus spending to aid for state governments. Congress and the administration have also done nothing to enhance the Temporary Assistance for Needy Families program. As a result, while the number of children living in poverty increased by 11 percent over the past three years, the number of children receiving welfare declined by 10 percent over the same period. Adding to the gloom, median family income - $44,853 in 2000 - fell by $1,535 during the administration's first three years, while the number of Americans without health insurance, according to the Census Bureau, grew by 5.2 million, to 45 million in 2003. The president and Congress have largely ignored this problem, while leaving little room to address it later by ballooning the deficit with tax cuts.

When Clinton left office projections were for a surplus over $5 trillion over the next decade.

Bush Tax cuts (if extended as promised by Bush and the Republican Congress) are projected to create a deficit of $4.5 trillion (not including war spending. $5.7T Concord Coalition estimate counts all the stuff Bush leaves out – wars, probable tax cuts etc) over next decade. This $10T reversal means Bush43 has added about $100,000 to the debt of every American household (100 million households)

In the face of a capital bubble (too much capacity – not enuf demand) Bush gave huge tax cuts to the capital formation classes (rich) – inflating the bubble further – cutting labor market participation about 10%. His “stimulus package which should have given quick short term boost. Instead it put only 8 cents of each dollar into the economy – only items added by Democrats. 92% of the cuts added to long term structural deficits – no immediate impact with no immediate bang – which we see now while we should be running a surplus.

The “Era of ownership” does not mention that the young own huge debt.

US is soaking up 80%of the world’s savings to finance our debt – which kids will pay

Former Fed Chairman Paul Volker sees a 75% chance of a serious problem with our debt levels in the next 5 years. It could be slow decline – or a very messy stampeed like Argentina – serious pain. There has been no rise in interest rates yet – because of low demand for private investment. (would you invest in a country whose educ sys is declining, infrastructure gets “D-“ with a future with almost nothing left for investment in research and educ compared to China India?)

The 1983 Social Security adjustment asked workers – thru regressive payroll taxes - to put in an increased chunk which the government would set aside. Reagan instead spent “TRUST” fund from workers on tax cuts for the rich and defense spending. Clinton raised taxes slightly and was setting Trust fund aside as promised. Bush43 is using it to disguise the size of his real deficits. Bush43/Greenspan say we don’t have enuf $ for benefits for the poor and the rich cannot be asked to give their much larger tax cuts back. Bush43’s Christ sez “as you do for the rich you do for me- and if there is not enuf left for the poor – tough beans.”

If America has approx 100 million households each has lost approx $100,000 net worth. Young wage earning families (like yours’) will be paying interest on $100 grand for the rest of their lives.

If the USA held these deficits in 1950 Corporate taxes would have paid 26.5% of the load. Estate and capital gains and interest taxes another big chunk – ?40%?ballpark?. - payroll taxes (regressive) would pay 6.9%.

After the Reagan-Bush43 tax revolution Corporate taxes would have paid a third as much - 9.1% of the deficit - payroll taxes (poor labor) 5 times as much 35.5%.

Clinton helped the ratios (corporate share up 10% - payroll share down 12.4% (Wealth &Democracy pg149).

the Bush43 SSECY commission recommended change in indexing - from “standard of living” to “inflation.” The current plan Boomers (who vote) will get about 36% of earlier earnings in benefits. People in their 20’s would get 27% of earlier earnings after this “small” adjustment has 40 years to compound. Babies born now will get about 20% of earlier earnings – fulfilling a long term goal of the anti-new-dealers.

The dollar has fallen 43% compared to the EURO under Bush43 (Nov 2001 vs Nov 2004) while consumer confidence for the top 1% is the highest on record.

In 1950 Corporate taxes would have paid 26.5% of the total taxt load. Estate, capital gains, interest taxes would have paid big chunk – 40% ballpark - payroll taxes (regressive) would pay 6.9%.

After the Reagan-Bush43 tax base revolution Corporate taxes would have paid a third as much - 9.1% of the load - payroll taxes (labor) have 5 times the share of the load - 35.5%. All these debts will soak workers from now on because republicans can block return to pro-middle-class tax policy. It took the perfect political storm to create the greatest generation – WWII and the Depression - to make America worker-friendly and world-friendly. We’re back to our individualist – nationalist Social-Darwinist norm.

Clinton moved the ratios in the right direction (corporate share up 10% - payroll share down 12.4% (WD149).

Clinton was collecting 20% GDP and spending just under 20%. Bush43 has relieved the most progressive 3% of total load – the progressive parts like the “DEATH-HOLOCAUST” or is it the “ESTATE-UNEARNED” tax? Bush43 spends 20% of GDP every year, and collects 17% in taxes. Benefits for the rich are balanced by debts for young workers on the other side of the ledger.

The Muslim-Christian idea of the obligations of the rich to the community is overturned – it’s “Facist” in Norquist-Bush43 rhetoric. But if Bush43 runs a few businesses into the ground family friend (Saudis and other favor-seekers) bail him out – and Arlington Texas taxpayers pay to build a stadium to make his tiny baseball investment blossom into 10’s of millions. If the rich get their Social Darwinist “due” that’s cool. The morally deficient poor would be corrupted by even a tiny fraction of the help a Bush gets.

Bush43 has reversed the Clinton adjustments and changed fundamental tax structures beyond Reagan’s – or even Gilded Age - dreams. Now the effective average rate on corporate dividends and capital gains is down to 10% - the rate on wages and salaries is about 23% (Institute Taxation and Econ Policy). Bush 43 promises try to get capital taxes to zero - to continually move more of the tax load from progressive to regressive.

Bush43 tax commission “revenue neutral” – keep running deficits –

Since Reagan the US has the hugest gap between rich and poor in the industrialized world. Ratio CEO 1000 worker 1 – Japan 40:1. Bush43 in increasing the ratios - wage earners will be radically more in hock – responsible for higher and higher proportion of debt.

The share of the economy (GDP) going to wages and salaries has fallen 8% under Bush43, the share to corporate profits has gone up 29% (CenterBudgetPolicyPriorities).

Bush took office following a cyclical economic peak – but in all other 3 year periods following cyclical peaks, wages averaged 8.7% growth – Bush43 saw 3/10% wage growth (1/29 normal ratio). Corporate profits usually see about 12.3% growth in other similar periods. Bush43 saw Corporate profits get more than three times the normal share - 40.4% of our economic growth has gone to corporate profits (CBPP).

Wages and Salaries have climbed rapidly for those with high salaries – fallen rapidly for those in bottom quintiles. Child poverty is up millions, infant mortality up first time in 40 or 50 years, etc.

The dollar was worth 43% more compared to the EURO when Bush started (Nov 2001 vs Nov 2004). The World knows how well our economy looks – altho consumer confidence for the top 1% is the highest on record.

Cuts in Bush43 budget – veterans healthcare (1% increase with many amputees etc coming in – 1/3 on waiting lists. Center for Disease control – when bird flu is seen as possible pandemic – medicare – Medicaid – cut health care for more of the poor What you do for the least of these you do for me”?

BUSH43 cannot take open questions – “town meetings” have loyalty oath required

Bush Marketing Beats His Plan

By Allan Sloan Tuesday, February 8, 2005

You've got to give President Bush an A-plus for the way he marketed the Social Security proposals in his State of the Union address last week.

"If you've got children in their twenties, as some of us do, the idea of Social Security collapsing before they retire does not seem like a small matter," he said -- a sentiment with which even a skeptic like me, who has twenty- and thirty-something kids, totally agrees. You can't argue with Bush's stated goals of making Social Security financially sound to allow Americans a secure retirement. But the centerpiece of his proposals -- allowing workers the option to divert up to 4 percent of payroll taxes into private accounts -- doesn't do anything to fix Social Security's financial woes. Instead, it's a fiendishly clever device that serves the political goal of remaking the nation's most popular social program so that it's "a better deal" for younger workers. There was a twinkle in Bush's eye when he said that, a clever allusion to the New Deal of Franklin Delano Roosevelt, father of Social Security. You could almost hear the Democrats gnashing their teeth.

In their current incarnation, you'd almost certainly want to sign up for these accounts if you were younger than 55. Yes, you'd have to accept a smaller guaranteed benefit. But you'd come out ahead if your account produced an annual return -- cash income and price gains -- of more than 3 percent above inflation. That's not a slam-dunk, but it ought to be attainable because you would have a choice among a handful of high-grade, very-low-cost, very diversified mutual funds. But there's a catch. You would own the account, sort of, but you wouldn't control it. And you'd have to fork over the aforementioned 3 percent return -- by taking a smaller benefit -- when you cash in your account.

Bush, brilliantly, is marketing these accounts as empowering people who'd have no other assets. But I don't think things would work out well for these folks. There would be strict limitations on the accounts -- you couldn't take money out of them before you retire or even borrow against them. And the odds of low-income people being able to leave a significant account to their heirs -- one of Bush's major selling points -- strike me as remote.

Here's why. When it's retirement time, low-income people would probably have to convert most or all of their private accounts into annuities to have enough money to live on or to meet requirements that their guaranteed benefits plus annuity income would exceed certain levels. If you had to convert your entire account into an annuity, there would be nothing left for your heirs when you died. Higher-paid people, by definition, would have bigger private Social Security accounts and less need for annuity income than lower-income people would. This gives them a far greater chance of having something left to hand down to their heirs and gives lower-paid people less chance. Not to be snotty, but we higher-income types hardly need additional breaks. We've already got plenty.

Staying power matters big-time, too -- and higher-income people have more of it than lower-income people do. Although stocks tend to rise over the long term, you'd have to cash in some or all of your retirement account to buy an annuity when you retire. That puts you at the mercy of events. Consider the following, produced at my request by the Center on Budget and Policy Priorities. Say you retired in March 2000, with a private account that held $100,000 of stock in a Standard & Poor's 500-stock index fund. (Index funds match the performance of a benchmark; they don't try to beat the market.) Your inflation-adjusted annuity would have been $7,558 a year -- about $630 a month -- by the center's calculation. But if you had had the same number of shares in your account and instead retired in October 2002, your account would have had less than $60,000 in it. Your annuity: $3,352 a year, or $279 a month. The combination of lower values and lower interest rates is a double whammy. You see the problem? You can get much less -- or much more -- than someone who has saved at the same rate as you but retired a little earlier or later.

If you've got financial staying power, you could wait for better days or buy the smallest annuity the government will permit. If you don't have staying power, you have to take what the market gives you. Higher-paid people thus have a big advantage. The guaranteed Social Security benefit, by contrast, is tilted toward lower-income people, with a benefit of about 56 percent of Social Security-covered wages for a minimum-wage earner, 30 percent for folks like me who have reached the Social Security maximum every year. You're swapping benefits skewed toward lower-income people for investment opportunities skewed toward higher-income people.

I'm in favor of private accounts constructed along the lines that Bush suggested. But the accounts ought to be in addition to the basic benefit, not a replacement for about half of it. Democrats are crazy to oppose private accounts. They really do empower you. The current generation is used to investing and is understandably skeptical about government promises. This isn't the 1930s, when only a handful of people bought stocks and many of them came to regret it. It's the aughts, guys, get with it. FDR's been dead for 60 years. The world has changed.

If the president really wants to fix Social Security rather than pick a political fight -- and the Democrats feel the same -- it wouldn't be difficult. They'd compromise by putting more money into the system by raising wage taxes a tad, taking less out by increasing the retirement age and trimming benefit formulas and setting up private accounts funded by wage earners, not by government borrowings. Put a few willing negotiators in a room and a deal's done in a month. I won't hold my breath, though.

Bush has marketed the pants off the Democrats by setting the terms of debate. Do you want to pay higher taxes or lower taxes? Clearly, lower. Do you want to pay estate tax or not? Do you want private accounts, or don't you? He has done a fabulous job of showing the goodies -- and of hiding the costs. People, naturally, have opted for the goodies. The Bushies are in full sales mode, including sticking recordings on Social Security's phone lines preaching that the system has to change. In the name of empowering my kids, he's asking them to pay full freight for my retirement and for trillions in new borrowings, while forking over the same wage taxes for lower benefits. If he can sell this one, the Marketing Hall of Fame should start planning his induction ceremony.

Sloan is Newsweek's Wall Street editor. His e-mail address is sloan@panix.com.

Graham Says GOP Erred By Focusing on Accounts

By Mike Allen

Washington Post Staff Writer
Wednesday, March 9, 2005; Page A08

Sen. Lindsey O. Graham (R-S.C.), who has spent weeks attempting to recruit Democratic support for a plan to restructure Social Security, said yesterday that Republicans "made a strategic mistake" by initially focusing on a proposal to create individual investment accounts.

The accounts, the centerpiece of President Bush's proposal, would benefit young and poorer workers by letting them use compound interest to help make up for any benefit reductions, Graham said. But he said the accounts, by themselves, will not fix the solvency problem Social Security faces as baby boomers begin to retire.

"We've now got this huge fight over a sideshow," Graham said during a meeting with Washington Post reporters and editors. "It's always been a sideshow, but we sold it as the main event. [Critics are] attacking it as the undoing of Social Security. That's what frustrates me -- that we're off in a ditch over a sideshow, and there's plenty of blame to go around."

The House will take its first formal step toward a Social Security bill today when Ways and Means Committee Chairman Bill Thomas (R-Calif.) holds a hearing about the future of the benefits system. The session will feature testimony from Comptroller General David M. Walker, who heads the Government Accountability Office, and two trustees of the Social Security system, Thomas R. Saving and John L. Palmer.

Graham's comments echoed those of Senate Finance Committee Chairman Charles E. Grassley (R-Iowa), who said last week that he wants to encourage Democrats to participate in the debate by first focusing on solvency questions and later taking up the issue of individual accounts.

Graham, who is advancing an alternative to Bush's plan, suggested the same tack. "Let's have a conversation along these lines: Let's make a commitment to permanently find solvency, and see where we go," he said. "Set the accounts aside for a moment. Let's see if we can find solvency."

The senator said that various proposals for creating investment accounts could be structured to "blunt the blow" of changes to scheduled benefits. Graham said one way to turn around opposition to Bush's proposal would be to shield lower-income people against market downturns so that they will continue to receive a guaranteed benefit.

Graham acknowledged an "anxiety level" among people 55 and older, even though Bush has said repeatedly that his proposal for restructuring Social Security would not affect them.

"They're very skeptical of any politician who says anything about this deal," Graham said. "We take the money out of the system. We run the government with it. They don't understand the details. There are a lot of people out there near retirement that are nervous as they can be."

Treasury Secretary John W. Snow, speaking later at a Capitol Hill news conference to promote administration-backed proposals to encourage savings, suggested that the White House would rather not have personal accounts on the back burner.

"We have to deal with solvency -- the solvency issue is critical," Snow said. "But the administration is saying that the solvency issue, if it's going to be dealt with in a way that's fair to younger people, has to make available to them this opportunity to build a nest egg through the personal accounts."

Snow said he expects momentum to build as Bush and administration officials continue to campaign for the approach over the next two months. Asked if the legislation can get done this year, Snow replied, "Oh, absolutely. Social Security legislation will move through the Congress this year." As to additional specifics out of the White House, Snow said, "We've offered a lot. The president's put a lot on the table."

Snow met at lunchtime with Rep. Mike Pence (Ind.), chairman of the Republican Study Committee. The committee, a coalition of House conservatives, is pushing for larger personal accounts than the White House has discussed, and is insisting that a Social Security package include no tax increase, no increase in the retirement age and no new entitlement spending.

At the White House, Bush met with a small group of senior Republican senators for about 40 minutes and talked about the importance of completing work on Social Security this year.

couching the Social Security debate largely as a matter of personal rather than collective interest, Bush is redefining the program's very essence. The president's drive to divert a portion of payroll taxes from traditional Social Security benefits to personal accounts for every worker is a departure from the origins of the program and the way people talked about it then.

Listen to the way President Franklin D. Roosevelt talked about Social Security when he signed it into law in 1935, during the Great Depression: "We have tried to frame a law which will give some measure of protection to the average citizen and to his family against the loss of a job and against poverty-ridden old age," he said. Roosevelt's target was the rate of poverty, not a rate of return.

Measured by that standard, it's been a smashing success. Poverty among the elderly started dropping as soon as the first monthly Social Security benefits began, and declined even faster after benefits improved in the 1960s. Between 1960 and 1995, the official poverty rate of those 65 and older fell from 35 percent to 10 percent, according to a study published in May 2004 by the National Bureau of Economic Research, a steeper decline than for any other age group. "While poverty was once far more prevalent among the elderly than among other age groups, today's elderly have a poverty rate similar to that of working-age adults and much lower than that of children," the NBER study said.

The study's authors, economics professors Gary Engelhardt and Jonathan Gruber, said the decline could be attributed entirely to increases in Social Security payments.

In taking on poverty, Roosevelt's rhetoric also changed our notion of the government's role and individual responsibility. The Social Security Act of 1935 "reversed historic assumptions about the nature of social responsibility," historian William E. Leuchtenburg wrote in his book, "Franklin D. Roosevelt and the New Deal."

As the counsel for the National Association of Manufacturers put it at that time, perhaps not approvingly, "The concept that the function of government was to prevent exploitation by virtue of superior power has been replaced by the concept that it is the duty of government to provide security against all the major hazards of life -- against unemployment, accident, illness, old age, and death."

But Social Security was never generous enough to protect people from every hazard or hardship. And Roosevelt never intended it that way. "The Act does not offer anyone, either individually or collectively, an easy life -- nor was it ever intended so to do," he said on the third anniversary of signing the legislation. "None of the sums of money paid out to individuals in assistance or in insurance will spell anything approaching abundance. But they will furnish that minimum necessity to keep a foothold; and that is the kind of protection Americans want."

To a surprising degree, that's still the protection that Social Security provides. By some estimates, without Social Security benefits an additional 11 million senior citizens would fall below the poverty line.

"If you think of it as the floor, you think of it very differently than if you think of it as a second tier or frosting to your retirement savings," says Robert Reischauer, president of the Urban Institute and former director of the Congressional Budget Office. Reischauer argues that if Social Security benefits were more generous, then diverting some of the money into more risky stock market investments might be a good idea. But if people are relying on it as their sole or principle means of support, then it might be more prudent to keep all their savings in the Social Security trust fund, which invests only in rock-solid government bonds and notes.

Bush, of course, is not proposing to tear up Social Security. He would trim, not eliminate, the traditional program while carving out revenues for individual accounts. Bush justifies the multi-trillion-dollar cost of using Social Security funds to create personal accounts by saying that over the long-run, the government would save trillions more because it would shed some of the obligations it pays under Social Security now.

But would the government really be relieved of its basic obligation?

Chile's Retirees Find Shortfall in Private Plan

By LARRY ROHTER

Published: January 27, 2005

SANTIAGO, Chile - Nearly 25 years ago, Chile embarked on a sweeping experiment that has since been emulated, in one way or another, in a score of other countries. Rather than finance pensions through a system to which workers, employers and the government all contributed, millions of people began to pay 10 percent of their salaries to private investment accounts that they controlled.

Under the Chilean program - which President Bush has cited as a model for his plans to overhaul Social Security - the promise was that such investments, by helping to spur economic growth and generating higher returns, would deliver monthly pension benefits larger than what the traditional system could offer.

But now that the first generation of workers to depend on the new system is beginning to retire, Chileans are finding that it is falling far short of what was originally advertised under the authoritarian government of Gen. Augusto Pinochet.

For all the program's success in economic terms, the government continues to direct billions of dollars to a safety net for those whose contributions were not large enough to ensure even a minimum pension approaching $140 a month. Many others - because they earned much of their income in the underground economy, are self-employed, or work only seasonally - remain outside the system altogether. Combined, those groups constitute roughly half the Chilean labor force. Only half of workers are captured by the system.

Even many middle-class workers who contributed regularly are finding that their private accounts - burdened with hidden fees that may have soaked up as much as a third of their original investment - are failing to deliver as much in benefits as they would have received if they had stayed in the old system.

Dagoberto Sáez, for example, is a 66-year-old laboratory technician here who plans, because of a recent heart attack, to retire in March. He earns just under $950 a month; his pension fund has told him that his nearly 24 years of contributions will finance a 20-year annuity paying only $315 a month.

"Colleagues and friends with the same pay grade who stayed in the old system, people who work right alongside me," he said, "are retiring with pensions of almost $700 a month - good until they die. I have a salary that allows me to live with dignity, and all of a sudden I am going to be plunged into poverty, all because I made the mistake of believing the promises they made to us back in 1981."

With many Chileans finding themselves in a situation much like that of Mr. Sáez, people are still looking to the government, not private pension funds, to ensure a secure retirement.

"It is evident the system requires reform," the minister of labor and social security, Ricardo Scolari, said in an interview here. Chile's current approach based on private pension funds has "important strengths," he said, but "it is absolutely impossible to think that a system of this nature is going to resolve the income needs of Chileans when they reach old age."

In formulating proposals in the United States for individual accounts, advocates of partial privatization of Social Security have sought to overcome some of the problems in Chile. They have suggested, for example, setting low limits on the fees that fund managers will be allowed to charge and continuing to provide a major part of retirement income through the traditional system of guaranteed payments.

The program in Chile differs from the voluntary model that President Bush is considering. Participation here has been not voluntary for people entering the labor force since 1981.

On the other hand, Chile was careful before it started its private system to accumulate several years of budget surpluses, in contrast to the recent large deficits in the United States.

The Chilean example also makes clear that introducing private accounts does not solve a lot of the problems faced in the United States, Europe and Japan, where pay-as-you-go systems remain the principal means of government retirement support.

Over all, Chile has spent more than $66 billion on benefits since privatization was introduced. Despite initial projections that the system would be self-sustaining by now, spending on pensions makes up more than a quarter of the national budget, nearly as much as the spending on education and health combined.

Faced with the likelihood of the gap remaining as it is or, as Mr. Scolari said, "perhaps even widening," the Chilean government is contemplating a new round of pension changes. Suggestions that have been floated include many also under consideration in the United States and Europe, like reducing benefits or setting a higher retirement age.

The problems have emerged despite what all here agree is the main strength of the privatized system: an average 10 percent annual return on investments. Those results have been achieved by the pension funds largely through the purchase of stocks and corporate and government bonds - investments that helped fuel an economic expansion giving Chile the highest growth rate in Latin America over the last 20 years.

"The great success of the system is its high profit rate, more than double what was initially projected," said Guillermo Arthur Errázuriz, executive director of the Association of Pension Fund Administrators. "In total, workers have set aside nearly $61 billion, which is invested in the sectors of the economy that show the most potential."

Among the admirers of the privatized system here is Mr. Bush, who on a visit in November called Chile "a great example" for other countries. On other occasions, he has suggested that the United States could "take some lessons from Chile, particularly when it comes to how to run our pension plans."

The main architect of the Chilean system is José Piñera, who was labor and social security minister from 1978 to 1980 during the Pinochet dictatorship. Mr. Piñera is now chairman of the International Center for Pension Reform, co-chairman of the Cato Institute's Project on Social Security Choice, and he has been a board member of several Chilean corporations.

Mr. Piñera declined repeated requests to be interviewed for this article. In an article on the Op-Ed page of The New York Times last month, though, he extolled the Chilean system as one based on ownership, choice and responsibility and one that is widely popular because it gives workers a stake in the economy.

Among other achievements emphasized here by advocates of the privatized funds are the creation of a modern capital market, cheaper credit for companies that formerly could turn only to banks when they wanted to expand, and a brake on deficit spending by the government.

Critics respond that the privatized system has been less successful in ensuring a dignified retirement for the elderly.

"What we have is a system that is good for Chile but bad for most Chileans," said a government official who specializes in pension issues and who spoke on condition of anonymity, fearing retaliation from corporate interests. "If people really had freedom of choice, 90 percent of them would opt to go back to the old system."

Among the complaints most often heard here is that contributors are forced to pay exorbitant commissions to the pension funds. Exactly how much goes to such fees is a subject of debate, but a recent World Bank study calculated that a quarter to a third of all contributions paid by a person retiring in 2000 would have gone to pay such charges.

But most Chileans are unaware of how much they are paying to the funds because the lengthy quarterly financial balance sheet they receive "is not comprehensible," according to Guillermo Larraín, director of the Superintendency of Pension Funds, a government agency. "It needs to be replaced by a simple and transparent financial statement," he said, so workers can determine which fund charges the lowest fees.

In recent years, the number of pension funds has been winnowed to 6 from a high of 22 in the early 1990's. They have enjoyed record earnings, so much so that foreign banks and insurance companies are investing in the industry. While the pension fund association puts the average annual return on assets just under 30 percent, government figures show profits of 50 percent in 2000, with some independent studies suggesting the funds did that well over the five-year period ended in 2003.

Proponents of the system justify the high returns as an appropriate reward for the risk they undertake. But a recent World Bank report, "Keeping the Promise of Social Security in Latin America," minimized that, noting that through the 1990's, only three large companies accounted for half of all shares traded on the Santiago stock exchange and that pension funds tend to follow a herd instinct and invest in the safest choices on the market.

Government officials like Mr. Larraín and Mr. Scolari acknowledge that "commissions are high and need to come down." They say that "more competition is needed" to foster lower fees. But existing regulations frustrate the creation of new funds - something that seems just fine to pension funds that have become a powerful political and economic force.

"The dynamic of the market," Mr. Larraín said, "is one of consolidation and concentration."

Some other problems of the Chilean system stem from factors that do not apply with the same force in the United States and other advanced economies. Nearly half of Chilean workers, for example, are employed off the books in the so-called informal sector, while many others are hired as independent contractors, who are not required to contribute to a pension account and do not do so regularly because they cannot afford it.

By the government's own calculations, only about half the work force contributes to a pension fund. "We are aware there is a big hole and that we need to take corrective measures," Mr. Larraín said.

Because many of the claims initially made on behalf of the privatized system proved exaggerated or inaccurate, the transition period has turned out to be longer and more expensive than anticipated. The annual cost to the government, still the guarantor of last resort, has remained steady at 5 to 6 percent of the nation's economic output. (By comparison, in 2003, Social Security outlays in the United States totaled 4.2 percent of the gross domestic product.)

Chile spends about $2 billion a year to pay retirees from its armed forces, according to Mr. Scolari. The military imposed privatization on the rest of the country, but was careful to preserve its own advantages and exclude fellow soldiers from the system. Despite calls that the military be forced to give up its exemption, no civilian government has been prepared to pursue that.

Proponents of the privatized system argue that those costs will diminish in coming years, as those still receiving benefits from the old system gradually die off. But critics disagree, pointing to the large numbers of younger Chileans in the work force who either do not participate or whose contributions will fall short of the amount required for a minimum pension.

For those remaining in the government's original pay-as-you-go system, the maximum retirement benefit is now about $1,250 a month. The National Center for Alternative Development Studies, a research institute here, calculates that to get that same amount from a private pension fund, workers would have to contribute more than $250,000 over their careers, a target that has been reached by fewer than 500 of the private system's 7 million past and present contributors.

This leaves many Chileans in a situation that has led to the coining of a phrase: "pension damage." There is now even an Association of People With Pension Damage, 157,000 members and growing, that consists of Chileans, mostly former government employees, who find that their pensions, based on contributions to the private system, are significantly less than if they had remained in the old system.

"They come to us in desperation," said Yasmir Fariña, the group's president, "because those who stayed in the government system are often retiring with monthly pensions twice as large as everyone else's."

Correction: February 9, 2005, Wednesday:


James Glassman? Back in 1998, 1999, and 2000--as the dot-com bubble approached, reached, and receded from its peak--James Glassman and Kevin Hassett were telling the investors of America to buy, buy, buy more, more, more stocks in their book Dow 36,000: The New Strategy for Profiting From the Coming Rise in the Stock Market: - now a big fan of Ssecy private accounts