Sunday, February 21, 2010

Quick And Cogent Observations


Observation the first: the governors of the fifty states have been meeting this weekend. Liberal or conservative, Democrat or Republican, they all seem to oppose the "intrusion" of the federal government into their lives and statehouses. I am not unsympathetic; I don't have a great deal of love or respect for unfunded federal mandates, myself.

However, I must take issue with the governors' assertion that the states are 50 laboratories which can each do experiments and find solutions for their own pressing problems. (What works best for West Virginia may not work best for Utah, as it were.) True enough, and tailored clothes always fit better than off-the-rack ones. But when it comes to issues like the problems with our current healthcare system, implementing 50 solutions is like shooting 50 BBs at a rampaging grizzly bear. Ain't gonna stop him--only gonna make him madder.

National problems require national solutions. In the case of healthcare reform, BBs won't work. Only high-powered rifle bullets will have any lasting effect. Besides, just because one is buying one's clothes off the rack, it doesn't mean that they don't fit or suit [pun intended--Ed.] their intended purpose. It just means one is wearing a brand-name and not a designer original.

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Observation the second: two weeks ago, an associate professor of politics at the University of Virginia, one Gerard Alexander, wrote an op-ed piece for the Washington Post wherein he decried the condescending attitude of liberals toward conservatives. As a female who follows certain sports diligently, I have been on the receiving end of condescension, and I agree, it's no way to behave. However, Prof. Alexander failed mightily to prove his point. He kept saying that conservatives have good ideas, but he didn't spell out any of them. Thus one must look to what other conservatives are saying to determine whether Alexander's point is well-taken, and in light of the healthcare reform debate alone, the paucity of Alexander's complaint becomes glaringly clear.

So far, the conservatives' "good ideas" consist of "death panels" (a/k/a "killing Grandma"), "socialized medicine," and "higher costs to you, the consumer." The size of the cost is a legitimate concern, but what the conservatives spouting that bit of "wisdom" fail to address is just how much higher the costs of doing nothing will be than will be the costs of doing something. "Death panels" and "socialized medicine" repeatedly have been shown to be outright lies. "Death panels" are what we have NOW, when corporations whose profits depend on denying coverage decide what level of care policyholders will get; "socialized medicine" is impossible under the current plan being debated, seeing as how it is a public "option." Nor does providing the public option put us inevitably on the road to socialized medicine. One would think that our over 40 years' experience with Medicare adequately demonstrates that.

One of the first things that law students learn is this hierarchy of argument: when you have the facts on your side, argue the facts. After all, facts are the strongest possible support for your case. When you don't have the facts, argue the law. Laws already on the books frequently bolster an argument that is unsupported by the facts, so it's the second-best line of attack. Only as a last resort should you make blatant emotional appeals, because resorting to the same demonstrates that you have neither the facts NOR the law on your side . . . and thus is an indication that you have no case.

Yet the conservatives in this country present their "ideas" in terms of distortions and even outright lies, as the second paragraph of this essay-in-miniature demonstrates. Their tactic of first--not last, but first--resort is to incite fear and anger. That's a blatant emotional appeal, which by its very existence proves that conservatives have no case (except their own greedy self-interest). It is hard not to be condescending toward that.

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Observation the third: I am beyond being sick unto death of conservatives claiming that only they love and revere the US Constitution, as the editor of The National Review [whose name escapes me at the moment. My apologies.--Ed.] claimed during the NPR broadcast of All Things Considered which aired locally last night (starting at 4 p.m. CST). I love and revere the Constitution just as much if not more than any of them. I daresay I know it better, too, having taught college-level courses on the history of same and having studied it as one of my fields of particular interest all my adult life.

What conservatives revere is their own interpretation of the Constitution, which is designed to protect and defend their own advantages, too often at the expense of the vast majority (by sheer numbers) of us in this country. Anyone who wants to pooh-pooh that idea must first consider this: if there were only one way to interpret the Constitution, we wouldn't NEED the Supreme Court at all, because there'd never be any disagreements about what the Constitution means and thus how it applies in any given situation.

And don't even get me started on "original intent." I've covered that ground before in this blog, in great depth and detail, so I will not bore you by repeating myself--at least not beyond saying that just because Shakespeare didn't know of, use, or even invent the term "psychological drama," it doesn't mean that he didn't write any.

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