Social Security: Get On The Phone Tuesday And Wednesday And Help Fight Cuts

So it’s been about three weeks since we last had this conversation, but once again we have to take action to try to keep Social Security from being the victim of “deficit fever”.

I know that doesn’t make a lot of sense, considering the disconnect between Social Security and the deficit—but once again it’s “Continuing Resolution” time on Capitol Hill, where some use the threat of an impending shutdown of the Federal Government to extract concessions from the other side…and some on the other side try to make points with the voters by out-conceding their opponents.

So Tuesday and Wednesday of next week, there’s a national push on to get voters to call their Senators and remind them to vote for an Amendment that is a big ol’ “I’m not willing to cut Social Security just because other people philosophically want to cut Government any way they can” kind of reassurance to the voters, and I’m here to encourage you, once again, to make a couple phone calls and do some pushing of your own.

I’ve also been storing up a couple somewhat facetious random thoughts which will be the “garnish” for today’s dish; you’ll see them pop up as we go along.

First, the I’m A Bit Confused Dept.: There’s an ad currently running on TV for a drug called Intuniv. The drug is for children who are suffering from ADHD, and the visual image features a mother coming out the doors of the school with her “now-perfectly-behaved” 11- or 12-year-old child.

What comes next is the warning that the drug might—well, I’ll just quote the Intuniv website…

“Patients should not drive or operate heavy equipment until understanding how INTUNIV affects them”

…and every time I see the ad I think that if my 11-year-old could drive and operate heavy machinery I might suggest giving the other kids ADHD so they, too, could grow up and have a valuable skill of their own one day.

As we discussed “above the fold”, the Strengthen Social Security folks are doing a nationwide Senate call-in Tuesday and Wednesday to drum up support for passage of S.AMDT.207, the Sanders-Reid Social Security Protection Amendment, and they’ve created a process to painlessly put you directly in touch with both of your Senators, even if you have no idea who they might be.

I tried it out myself, just to see what would happen, and here’s how it works:

You call the phone number (1-866-251-4044) and the friendly automated phone voice automatically determines your location and then informs you that you “are represented by Senators [insert names here]”—and all of this without your having to navigate a menu or push a button.

The friendly phone voice then tells you to choose a Senator (“...push one or two…”), and you’re then directly connected to that office. Before you go, you’re encouraged to call back and leave a message with your other Senator as well…and you’re also offered “the commercial”: a fairly precise (roughly) 10-second script for a message that you might choose to leave, suggesting that your Senator vote for that Sanders-Reid Amendment.

I have a plan to make nuclear reactors in this country safer, and to do it fast: every Member of the Nuclear Regulatory Commission, everyone who votes on granting or renewing plant licenses, every nuclear power plant inspector, and the top executives of any nuclear licensee…should all be required to move into on-site housing at the nuclear power plants they’re in charge of within one year.

(This idea might also be adapted to improve the lives of nursing home residents, and it’s the same kind of “enforced safety” thinking that led to the old rule that Army paratroopers had to pack their own parachutes.)

We’ve made other calls like this recently, and just like before, the goal here is to keep the pressure on, and to remind all 100 Senators that they all have voters who absolutely do not want cuts in Social Security, and that this is not the time to be trying to sneak something in under cover of “Continuing Resolution” darkness.

So there you go: on Tuesday and Wednesday call the handy number (1-866-251-4044), let the automated voice guide you to your Senators, tell them you want them to vote for the Sanders-Reid Amendment…and while you have them on the phone, don’t be afraid to suggest that nuclear power plant on-site housing idea either.

Fighting for want you want is a process, not something that happens all in one day, and you should expect more messages like this one as we go along, asking you to make your voice heard—but you should also keep in mind that we’ve been doing pretty well so far, and when we speak, we’re being heard.

So make those calls, apply that pressure…and let’s win this thing.

FULL DISCLOSURE: This post was written with the support of the CAF State Blogger's Network Project.

On Monday Morning Philosophy, Or, Founders Tell America: “You Figure It Out”

In our efforts to form a more perfect Union we look to the Constitution for guidance for how we might shape the form and function of Government; many who seek to interpret that document try to do so by following what they believe is The Original Intent Of The Founders.

Some among us have managed to turn their certainty into something that approaches a reverential calling, and you need look no further than the Supreme Court to find such notables as Cardinals Samuel Alito and Antonin Scalia providing “liturgical foundation” to the adherents of the point of view that the Constitution is like The Bible: that it’s somehow immutable, set in stone, and, if we would only listen to the right experts, easily interpreted.

But what if that absolutist point of view is absolutely wrong?

What if the Original Intent Of The Founders, that summer in Philadelphia…was simply to get something passed out of the Constitutional Convention, and the only way that could happen was to leave a lot of the really tough decisions to the future?

What if The Real Original Intent…was that we work it out for ourselves as we go along?

“…you see, all the majesty of worship that once adorned these fatal halls / was just a target for the angry as they blew up the Taj Mahal…”

--From the song “Gasoline”, by Sheryl Crow

The reason this is coming up today is because I’ve been writing a lot about Social Security lately, and I keep getting comments from folks who see no Constitutional foundation for such a program.

To sum up what I often hear, if there is nothing in the Constitution that specifically provides for Social Security, then, if it’s to be done at all, it’s something that should be left to the States. (The 10th Amendment is used to reinforce this point.)

A lot of these folks, from what I can see, hearken for a simpler time, a time when America had no “foreign entanglements” or National Banks…a time when men of the soil worked their farms with no fear of Debt or The Taxman….a time when government worked best by using local wisdom to deal with local problems.

In other words, we’re basically having the same arguments over the shape of this Government that Thomas Jefferson and Alexander Hamilton were having in 1787—and for those who don’t recall, Hamilton won, which reflects the reality that we don’t all live on farms and hunt turkeys and Indians, and that State Governments are just as capable of ignorance and foolishness and greed and blind hate as any Federal Government.

To reinforce their arguments “fundamentalists” fall back on some version of the Original Intent theory, which basically assumes the Constitution was written by men who miraculously created a perfect document, and that all the answers to today’s problems would be found by simply allowing the Original Intent to shine through.

I’m here to tell you that couldn’t be more wrong—and to prove my point you need only consider the Civil War.

Despite what you might have heard in Virginia, the Civil War really was about slavery, and the reason we had that fight in the 1860s was because there was no way the question could be settled at the Constitutional Convention.

Those Founders who supported ending that “peculiar institution” were never going to convince slaveowning Founders to give up their property, and as a result of the desire to get a Constitution drafted that could be ratified by “the various States” there were compromises made, including the 3/5ths Compromise and Article Four’s requirement to deliver fugitive slaves to their owners upon demand, which resulted in the Fugitive Slave Acts of 1793 and 1850.

The Intent Of The Founders, on the question of slavery, was to let time work it out.

The same kind of “let time work it out” thinking led us to Article 1, Section 8, and the “general welfare” clause.

Congress is empowered to enact legislation that provides for the “common defense and general welfare of the United States”…but there is no specific interpretation of what the phrase means (in fact, there is no glossary at all for the Constitution, which means there are plenty of other examples of, shall we say, "unclear phrasing").

Since there is no specific reference as to how Article 1, Section 8 and the 10th Amendment are supposed to interact or what the Founders’ Intent might be, we are again forced to apply our own interpretations, over time, to figure out how to resolve the inevitable conflicts.

We had to do that because, even as there were proponents of a Federal system, there were plenty of Delegates at the Convention who wanted nothing to do with a strong central government. They wanted to keep a system in place that resembled what we had under the Articles of Confederation, where the Federal Government had no ability to compel the payment of taxes and States had the choice of whether to “accept” Federal laws…or not.

Over time, of course, we’ve come to realize that having one air traffic control system, and not 50, was a good idea, and that funding things like disaster response on a national level makes sense, even if Texas wants to go it alone or something, and we probably all agree today that if States are willing to allow 12-year-old factory workers to work 16-hour days, then Federal child labor laws are a reasonable thing to make that stop—and all of this progression of history is happening because the Original Intent was to let the future figure out where the 10th and Article 1, Section 8 would “find their center”.

The Original Intent Of The Founders, apparently, was that white men who did not own property, women, and those not pale and fair and of European descent had no reason to be involving themselves in the affairs of government, as that was the list of who was not allowed to vote at the time we began our experiment in democracy; over time we’ve seen fit to change that—and at every step along the way there have been Cardinals of Interpretation ready to tell us that with each change we were doing violence to the letter and the spirit of the Constitution as they knew the Founders would have intended it to be.

Am I entitled to create or possess any form of pornography because the First Amendment prevents Congress from abridging free speech, or is the general welfare furthered by allowing society to protect itself from the exploitative effects of pornography by limiting or banning completely the production or possession of certain materials that are considered unacceptable?

The Founders seem to have offered no obvious intent when they created this conflict, which makes sense, because the possession of child pornography didn’t really exist as an issue in 1789.

I’m guessing that today we are not anxious to have each of the 50 States adopt their own rules (after all, who knows what some crazy State might do?)—but they did put that “general welfare” clause in Article 1, Section 8, and over time, our view of Constitutional law has come to accept the compromise that the Founders could not have foreseen.

The fact that the Supreme Court resolves these kinds of conflicts at all was not laid out in the Constitution, nor was the fact that the Federal Government’s powers are superior to those of the States; it took the 1803 Marbury v Madison and 1819 McCulloch v Maryland rulings to figure out, when there are multiple claims of liberty, which were to be put ahead of the others.

Can you guess why?

That’s right, folks: it was because they had Delegates at the Constitutional Convention (and States who had to ratify the finished product) who did not want to give the Court or a Federal Government that kind of power, and the only way to get something passed was to sort of “leave things open” and let time work it out.

Here’s an example of how one of the Founders tried to tried to kill the “Original Intent” argument before it even got off the ground: James Madison, who kept the only known complete set of notes during the Constitutional Convention never released those notes during his lifetime (he’s also credited with being the principal author of the document, possibly because his were the best notes).

Why did he do that? It appears to be because that Founder’s Intent was to make the Constitution’s words stand on their own, without his notes to frame the debate—and in fact the document had been in force for almost 50 years before those notes saw the light of day.

The Cardinals of the Supreme Court, some of whom claim they can divine Original Intent for any and all situation, are hoping that you’ll forget that they really serve to resolve disputes where the intent of the Founders seems to collide with the intent of the Founders—and all of that brings us right back to Social Security.

It is true that the Constitution, as it was written in 1789, does not contain the words “you may establish Social Security”—but it is also true that there were no words that would allow anyone who is not a white male to vote, or to prohibit the ownership of slaves.

Congress, acting with the authority to provide for the general welfare, took Roosevelt’s proposal and enacted it into law. The Supreme Court, in 1937, took up the question of whether the 10th Amendment prevented Congress from enacting Social Security with a series of three rulings, and here’s part of what they had to say:

Counsel for respondent has recalled to us the virtues of self-reliance and frugality. There is a possibility, he says, that aid from a paternal government may sap those sturdy virtues and breed a race of weaklings. If Massachusetts so believes and shapes her laws in that conviction, must her breed of sons be changed, he asks, because some other philosophy of government finds favor in the halls of Congress? But the answer is not doubtful. One might ask with equal reason whether the system of protective tariffs is to be set aside at will in one state or another whenever local policy prefers the rule of laissez faire. The issue is a closed one. It was fought out long ago. When money is spent to promote the general welfare, the concept of welfare or the opposite is shaped by Congress, not the states. So the concept be not arbitrary, the locality must yield. Constitution, Art. VI, Par. 2.

So there you go: the next time someone tells you that a program like Social Security is unconstitutional because of Original Intent, be very, very, suspicious, and keep in mind that the Constitution was written, intentionally, with the idea that a lot of problems were simply going to be kicked down the road to future generations of Americans.

Constitutional Delegates, after all, were politicians, and if there is one thing that politicians love to do it’s to kick a problem down the road so that something can get done today.

The history of the last 225 or so years has been a long journey down a long road that took us past slavery and Reconstruction and suffrage and Jim Crow, and to assert, as the Cardinals of the Court do, that all those questions were answered that summer in Independence Hall is to be either amazingly blind or deliberately untruthful—and the fact that they get to dress in robes and sit behind something that looks quite a bit like an altar doesn’t change that even one little bit.

FULL DISCLOSURE: This post was written with the support of the CAF State Blogger's Network Project.

On Petals And Metal, Or, Today And Tomorrow, Street Actions Are Afoot

For the past couple months I have been talking a lot about “taking it back”, and I have two great chances for you to do just that over the next two days.

One of them involves actions that are taking place all over the USA—but the other is a very special and particular event which will be taking place in Vancouver, British Columbia on Wednesday.

This’ll be a short story…but by the time we’re done, you’ll have stuff to do this week.

A young lady visitor on the set of “Never Give a Sucker an Even Break” asked W.C.Fields if he liked flowers. Fields replied he was very fond of Four Roses.

--Ronald J. Fields, from the book “W.C.Fields By Himself”

So here’s what’s up:

Tomorrow, MoveOn.org and a ton of others are planning “Defend the American Dream” rallies around the country…in fact, as of the time this was written there are 277 events planned, all on the same day.

A few weeks ago Social Security workers held “informational picketing” events at Social Security offices around the country to make Americans aware that proposed Republican budget cuts would create huge “bumps in the road” for those who want their Social Security checks to go out on time, or who might like to speak to an employee on the same day they call the office.

That’s part of tomorrow’s program as well, with Washington DC’s office a sort of starting point from which our anger with what’s been going on can spread.

So if you’re in DC tomorrow, right after office hours, the event will take place at 5:30 PM at the Social Security office at 2100 M Street NW, and there is a handy “meetup page” to give you more information if you need it.

But maybe you’re not going to be in DC.

We still got you covered: this page right here will let you enter a zip code and find an event near you.

For example, there’s a Rally at the San Diego County Administration Center—which, as y’all know, is maybe eight blocks from the end of the runway at Lindbergh Field—and Jim Brown and Virginia Huschke, who are putting on the event, report that they had 1000 people show up last week at the same place for the same thing…so you gotta be there.

Maybe you’re in Michigan…and if you can get to the Veterans’ Memorial in Niles after work tomorrow, United Steel Workers Local 13729 and MoveOn Michiana want you. The Memorial, for those unaware, is located at Waterfront Park, right by the Main Street Bridge and across the street from Massimo’s Pizza—which means afterwards you can pick up a meatball sub or somethin’ and not even have to cook dinner. (Maybe it’s just me, but I am not down for the ranch pizza.)

If you’re in Mobile, Alabama, swing by the cannon at Mobile Memorial Park (on Government Street), where hundreds of protesters intend to use the cannon to take the city hostag—no, wait, I made that part up.

They are intending to have a lovely demonstration, however…and if you think Alabama is an unlikely place for this kind of rally, think again: folks who might have been big on the Tea Party a few months ago are starting to think again, and this is a great chance to help those with seeds of doubt do a bit of “germinating”, as it were.

So that’s tomorrow’s set of events…but what about that Vancouver thing we were talking about?

Well this is good.

“The Yes Men” are well-known pranksters, and some of their past efforts to “correct corporate identities” have been downright diabolical, including the time they pretended they were the Dow Chemical Corporation, and they held a press conference to announce that Dow was assuming all liability related to the industrial accident at Bhopal, India, which killed at least 3400 people…which, naturally, forced Dow to go on TV and immediately announce that the people of Bhopal could basically go suck an egg, because Dow wasn’t actually planning on forkin’ over a dime on their behalf.

Now on Wednesday, at noon, in beautiful downtown Vancouver BC, a prank is going down…and The Yes Men want you to help make it work…and they want you in costume.

Can you make yourself look like a reporter? They’re particularly looking for you to bring a camera—and if it’s on a tripod, that’s even better.

If you resemble a “businessperson at lunch”, they want you too.

Even random “crowd folks” are wanted in a “come as you are” kind of a look.

Now the only hitch we have on this is the meetup information, which they were supposed to send on Monday. For the moment, with no better information available, why not plan to hang out at the Downtown Vancouver Library around 11AM, and I will either update this story to add new information, or I’ll keep sending them messages to arrange for someone to come by the Library and find the group of “reporters” and “businesspeople at lunch” and “random crowd members”.

I told you this would be a short one, so that’s the deal: after work today, there are “Defend the American Dream” rallies all over the country for you to attend, which can be found right here, and on Wednesday, The Yes Men will be putting on one of their very special pranks in Downtown Vancouver—and they want you to come on down and join in the fun.

“Taking It Back” is important, but there’s no reason we can’t have a good time while we’re doing it, and that’s what these events are all about…so go have a good day at work—but on the way home, take some time to stand up for your country.

And if you can work it out, bring the kids.
After all, a really good education starts at home…and this, this thing we’re doing right here…this is education.

On Taking It Back, Or, Wisconsin Recalls, Explained

News is suddenly moving so fast that it’s becoming hard for me to keep up; that’s why we’re not finishing the story today that we just began Tuesday. You know, the one about Titan Cement suing two North Carolina residents who appear to be doing nothing more than speaking the truth.

Unfortunately, other important news has forced itself to the front of the line, and it’s going to demand that we break schedule, whether we like it or not.

That’s why today we’re going to be talking about Wisconsin, and how workers there are fighting back against the State’s Republican legislators and Governor, who seem to have gone out of their way this past three weeks to govern without the consent of the governed.

It’s kind of chilly today in Wisconsin…but I can assure you, things are heating up fast—and it ain’t because of spring.

"I will tell you this: Any business where two partners don't trust each other, any business where one party says, 'You need to do X, Y and Z because I told you,' is a business that is not only not run well, it is a business that can never be as successful as it can be,"

--Former National Football League Players’ Association executive director DeMaurice Smith

As so often happens, we need a bit of background:

In Wisconsin, a recall involves first, the collection of signatures, then, if you get enough, a recall election.

Once the proper papers have been filed, those who want to recall an elected official have 60 days to gather signatures for a recall petition that equals 25% of the number of votes cast in the prior gubernatorial election in that “political subdivision”.

What that means in English is that if you’re looking to recall a State Senator and the last time a Governor ran, 50,000 votes were cast in that Senator’s District, you need to gather 12,500 signatures in 60 days to force a recall election in that District.

The election is not to ask the question: “Should this officeholder be recalled?”

Instead, the incumbent will run against other candidates, and whoever has the most votes either keeps or takes over the office.

It is possible that multiple candidates will emerge from within the same Party; if that happens a “recall primary” election is held.

A primary would take place four weeks after the signatures are turned in, the recall election itself would be six weeks after that, and both elections would be held on a Tuesday; all of this according to Article XIII, Section 12 of the Wisconsin Constitution.

You can’t recall someone until after they’ve been in office for a year, so the Governor can’t be recalled…today…but because the Senate elects half of its Members every two years there are a group of State Senators who can be recalled; they were elected in 2008.

If three Republicans were to be recalled and replaced by Democrats, the State Senate would change from majority Republican to majority Democratic.

If you’ve ever been to Embarrass, Wisconsin (home of The Chair That Grew), you’ve visited Robert Cowles’ 2nd District. (For the record, it’s more or less 100 miles due north of Milwaukee, and there’s some football team that plays in Green Bay that’s also in his District.) He’s been a Senator since 1987, and in ’08 he ran unopposed. His District voted 52-46 for Obama over McCain in ‘08, and chose Bush over Kerry by almost exactly the same margin in ‘04.

I do not have a feel for who might run against him, but I have some calls out to try to get an answer; if I learn more, we’ll add it to the story.

One Senator who might be in trouble is Alberta Darling (so far as I know, she’s unrelated to cricket great Joe Darling), who represents District 8, which is basically Milwaukee’s northern suburbs.

In ‘08 she only won by 1007 votes (of about 100,000 cast).

It’s worth noting, however, that her District cast the most votes for Governor in 2010; as a result her opponents will be required to gather more valid signatures than in any other District (20,343, by one reckoning).

Her opponent last time was Sheldon Wasserman; he’s a former State Representative, an OB/GYN from Milwaukee, and a member of the State’s Medical Examining Board.

(On a side note, it looks as though the Governor might be messing with the Board as well; he refused to allow two recent physician nominees selected by the Board to be seated, and he’s apparently looking to nominate his own people.)

Just as in District 2, this District voted for Obama in ’08, and Bush in ’04.

Sheila Harsdorf, who currently chairs the Senate Committee on State and Federal Relations and Information Technology, was sent to Madison to look after the interests of the State’s westernmost District, “The Fightin’ 10th”, as Sir Rev. Dr. Stephen T. Colbert, DFA, would say.

Even though she thinks State workers are taking too much from the public Treasury…her relationships with the Federal Government are so good that she had no problem taking in $195,000 in Federal farm subsidies over a ten-year period for Beldenville’s Trim-Bel Valley Farms, of which she just happened to be a 50% owner as recently as 2008 (for all I know, she may still be an owner, more current information was unavailable).

This is another one of those Districts that went for Obama in ’08 by just about the same margin as it went for Bush in ’04.

Luther Olsen of the 14th (located about 40 miles or so due north of Madison) is another farm owner; he owns 20% of Waushara’s Riverview Farm; they also happily accepted at least $58,502 of your money and mine, because Olsen, like Sheila Harsdorf, apparently believes that’s a better use of our money than, you know, paying a public school teacher or something.

(Fun Fact: did you know Golda Meir, the former Prime Minister of Israel, used to be a Milwaukee public school teacher?)

Olsen did not face an opponent in ’08…and once again, this District went Obama in ’08, Bush in ’04—although it went about 4 points farther for Bush than for Obama.

And that brings us to Randy Hopper.

This District (the 18th, which most notably includes Oshkosh and Fond Du Lac) is another one of those Republican seats that are considered among the most “gettable”; that’s because just 163 votes separated Hopper and his ’08 opponent, Jessica King.

There’s also this:

“I have a lot of correctional facilities, a couple universities, and a couple of tech schools [in my district]. I have the second largest population of state employees in the state.”

Hopper also chairs the Senate Education Committee…and there’s also a story going around that his wife is telling people that he’s been providing some “private lessons” to his 25-year-old mistress down in Madison; this according to the “MAL Contends…” blog—and that’s not going to help a family-values candidate.

He owns two radio stations, one an AM-talk Ag Report and Hannity broadcaster, the other an FM station that caters to the “music at work” market; this may allow him to mitigate some of the potentially-about-to-occur bad publicity, and certainly can’t hurt at election time.

Perhaps the most unrepentant Republican during this process has been Glen Grothman of the 20th (which actually, literally, includes Fredonia, and that has to have some deeper meaning…), and he can afford to take a strong stand.

This guy might well be a mortal lock in this District: the Sheboygan area is one of the most reliably Republican-voting regions of the State over the past 30 years, and of all the Senate candidates who faced opposition in ’08, he won with a larger margin of victory than any of ‘em. (He didn’t get 61% of the vote in ‘08…he won by 61% of the vote.)

(Fun Fact #2: Our friends at the Milwaukee Journal Sentinel created these two most excellent voting trend maps for your dining and dancing pleasure; they illustrates how Wisconsin can swing wildly back and forth between Republican and Democratic “electoral domination”.)

Moving on: Mary Lazich, of the 28th, occupies another seat that is going to be tough to get—her District encompasses Milwaukee’s western suburbs (a reliably Republican voting region; in both ’04 and ’08 Republican Presidential candidates won with over 60% of the vote), she did not face an opponent in ’08, and this is another District that will require more than 20,000 signatures to force an election.

“…Fate has been hounding me like a Mormon missionary with an Amway franchise…”

--A. Whitney Brown, appearing on the television show “Almost Live!”

We’re going to complete today’s “Recall Roundup” with one of the most vulnerable of all the Senators: Dan Kapanke, the Senate Majority Caucus Chair (and a pretty good ”get” if you’re running a recall campaign). He’s from the 32nd, which is all the way across the State from Milwaukee, on the Minnesota border, pretty much in Wisconsin’s southwest corner.

He won by less than 3 points in ’08, his District voted 61%-38% for Obama over McCain…and 53%-46% for Kerry over Bush in ’04, which is the largest margin of any of the 8 Republican Senators currently under recall threat. (Go back and have another look at those voting trend maps, and look at what’s happened to this corner of the State.)

He’s hard right on social issues, but the Farm Bureau loves him.

He is quoted as saying that he expects the signature gathering effort in his District to be successful (only about 15,400 signatures are needed) …and he’s also quoted as having the belief that there is such a thing as a Wisconsin State Senate arrest, despite the presence of an “immunity from arrest” clause in the Wisconsin Constitution.

As of March 8th, 57% of voters in the 32nd would rather have “generic” than Kapanke in a recall election, and they had to close the road outside his house on Friday to keep the hundreds of peaceful protesters gathered there safe.

Now before we close today…we need to offer “big ups” to DavidNYC, who posted a fantastic interactive results spreadsheet at the Swing State Project site; we’ve been referring to it a bunch in this story and you should have a look at it yourself.

And with all that said, that’s today’s “scorecard”, folks, and you can keep track of all the races—or volunteer to help—from one handy location: WisconsinRecall.net…so bookmark the spot, help out any way you can, and let’s start with Wisconsin…and then move on to Ohio and Indiana and Michigan next.

On Being A Titan, Part One, Or, See It, Say It, Sue It

Got a simple little story for you today of a multinational corporation that wants to build a great big cement plant in North Carolina really, really, bad, and the local opposition to what appears to be a corrupt and distorted decision process.

Two local activists in particular have drawn the ire of Titan Cement, the Grecian corporation who seeks to build the plant—and because the Company doesn’t like what the activists have been saying about what the impact of that plant will likely be or how the deal’s going down…they’re suing Kayne Darrell and Dr. David Hill, residents of North Carolina’s New Hanover County, and the two folks who are doing the complaining the Company dislike the most.

The Company further claims that they were slandered and defamed by the damaging statements that were uttered by the two at a county commissioners’ meeting and that they have lost goodwill and the chance to do business with certain parties as a result of these statements.

But what if everything the Defendants said was not only true…but provably so—and the Company was, maybe…just looking to shut people up by sending teams of lawyers after them?

As I said, it’s a simple story today—but it’s a good one.

We have tomorrow
Bright before us
Like a flame.

Yesterday, a night-gone thing
A sun-down name.

And dawn today
Broad arch above the road we came.
We march!

--From “The New Negro”, by Alain Locke

So here’s the deal, as it sits today: for a number of years now Titan Cement has been looking to build this great big cement plant near the environmentally sensitive North Carolina coast (part of the site includes 600 acres of “pristine wetlands”), and part of running a cement plant is running cement kilns.

Ya gotta cook limestone, sand, and clay, along with some other ingredients, at very high temperatures (above 2700o F), which sort of fuses everything together; that makes “clinker”, which eventually becomes cement, and that’s why you need giant kilns and, often, pre-heater towers.

You need fuel for those really hot kilns and towers, and our friends at the Army Corps of Engineers advise that, in the kiln fuel game, you can actually kill two birds with one limestone by burning hazardous waste as a substitute for anywhere from 20% to 50% of your original “fuel of choice” (which is often coal).

According to the Corps, you can burn 12 tons of fuel an hour in one kiln, and that means up to six tons of…

byproducts of pharmaceutical, cosmetic, and electronics manufacturers;
solvents and inks used to print newspaper and other publications;
solvents used to recycle paper;
dry-cleaning solvents;
paint thinners and paint residues;
sludge from the petroleum industry;
used motor oil;
agricultural wastes;
and scrap tires.

…might be going into the mix every hour—and as it turns out, that stuff might contain:

…arsenic, cadmium, chromium, lead, nickel, thallium, and zinc.

Now if you’re burning that stuff, it’s either going up the smokestack or out the door as a component of the clinker you just made, and if you live anywhere near this plant, you’re going to be at least a little concerned…and if you have the impression that the people who are trying to get the permits are running a big ol’ hustle to get those permits, you’re going to be even more concerned…and it looks like that’s what’s been going on…and if you put all this together, and you lived in the neighborhood, you might show up at a local County Commissioners’ meeting and say something like this…

“From lawsuits for price fixing and court-ordered mine closures of Titan’s Florida plant, to allegations of corruption coming from Raleigh, to emails raising suspicion whether Titan was ever even considering any other location, which would make incentives completely unnecessary, the clouds of corruption grow dark as new controversies emerge almost daily.”

…or this…

“The bottom line is we know from numerous studies that if we build this thing, more children will get sick, a handful of them will die. We also know from the adult studies that more adults will get sick and quite a few more of them are going to die as well. Which ones? Can’t tell you. That makes it difficult, but there will be some.”

...which are the two utterances which are today at legal issue. (Ms Darrell is being sued for the first statement, Dr. Hill, the second.)

The reason we are all gathered here today is to figure out whether either of those statements are truthful or not…because if the statements are truthful, they cannot be either slanderous or defamatory.

So let’s break it all down, one clause at a time:

Ms. Darrell talked about lawsuits for price fixing, and sure enough, CemWeek (“Global Cement Industry. Knowledge”) ran a story in October of ’09 entitled “Nine US cement companies accused of price fixing”, describing a lawsuit filed for price fixing in which Titan was one of the Defendants.

Court-ordered mine closures? Coffey Burlington, attorneys at law, recount their success with a certain case on their website (Sierra Club v. Army Corps of Engineers, Rinker Group, Tarmac America, Florida Rock Industries, APAC-Florida and Miami-Dade Limestone Products Association), which did in fact result in a court-ordered mine closure of Florida facilities operated by Tarmac America, which is a Titan subsidiary.

Allegations of corruption? How about this, reported in January of 2010 by the Wilmington, NC, StarNews:

A corporation that shares an address and president with a Titan America subsidiary bought a Wilmington office building for more than twice its tax value from Democratic fund-raisers under scrutiny by state and federal prosecutors.

To add to this element of the story, the current Governor, Bev Perdue, has asked the State Bureau of Investigation (SBI) to look into Titan's permitting process, which is something that usually follows allegations, if I recall correctly.

Let’s move on: the folks in the Wilmington, NC, area have a private economic development committee that has negotiated secretly with Titan for some time; the result of that effort was the decision to provide $4.2 million in local government incentives to Titan.

But here’s the thing: if Titan never meant to build anywhere but on that one site, and they still hustled the community for the incentives by using the threat of building somewhere else…well, that’s why Ms. Darrell was talking about:

“…emails raising suspicion whether Titan was ever even considering any other location, which would make incentives completely unnecessary…”

In 2008, Keith Barber, he of Wrightsville Beach Magazine, documented Titan’s multi-decade interest in this particular location:

Titan has made very little effort to conceal the fact it plans to move forward with construction of a cement plant and limestone mining operation on the banks of the Northeast Cape Fear River. In a 2005 interview with Titan CEO Aris Papadopoulos in Cement Americas magazine, Papadopoulos confirmed the Greece-based company had been considering building a plant in Castle Hayne for nearly two decades…

… In addition, even though the permitting process is 18 months to 2 years out, the North Carolina Department of Transportation (NCDOT) Web site reveals that CSX Railroad is already constructing a new spur track at the site of the proposed Carolinas Cement Company.

The Charlotte News & Observer documents the existence of those pesky emails in a January 2010 editorial:

…[Titan lobbyist John] Merritt said he would talk to then-Commerce Secretary Jim Fain. Earlier, he had advised a company spokeswoman on how to respond to questions without raising suspicions that Titan might not qualify for a state grant.

"It is very important that the company not do anything that suggests that this is the only site you are looking at," Merritt e-mailed. And sure enough, in its application for incentives Titan asserted that it was considering sites elsewhere.

Let’s jump in for just a second and take a look at where we are:

Ms. Darrell made this statement…

“From lawsuits for price fixing and court-ordered mine closures of Titan’s Florida plant, to allegations of corruption coming from Raleigh, to emails raising suspicion whether Titan was ever even considering any other location, which would make incentives completely unnecessary, the clouds of corruption grow dark as new controversies emerge almost daily.”

…and based on what we’ve seen so far, every single word of that statement turns out to be absolutely, provably true:

--There was a price-fixing lawsuit.
--There was a court-ordered mine closure of Titan’s Florida plant.
--It’s alleged that something funny was going on with that office building, and North Carolina’s SBI is investigating.
--We did in fact discover that emails exist raising suspicions as to whether Titan was considering any other location.
--And here we are, talking about one of the new controversies that emerge almost daily.

Today’s tale of legal bullying is running pretty long already, and we still have half of the story to go…so let’s take a break for today, and we’ll pick this up by looking at the statement made by Dr. Hill when we get together next time.

In the meantime, if you’re keeping score…I’m thinking that after Round One, it’s Defendants, 1, Titan, 0.

On “La Dolce Vita”, Or, The Real Life Of A State Worker

What with all the attacks on Labor in states like Indiana, Ohio, New Jersey, and Wisconsin, there has been just so much misunderstanding out there these past couple weeks about what things are actually like for State workers.

Are the conditions decent?
Is there excessive pay?
Is there even a need for State workers?

Well, I can’t answer every question, but I can sure tell you what it’s like in our house…and the reason my words carry the “voice of authority” is because The Girlfriend has been working for the State of Washington for the past 15 years.

Bona fides established, let’s get to telling the story:

Good morrow to the day so fair;
Good morning, Sir, to you:
Good morrow to mine own torn hair
Bedabbled with the dew

--From “The Mad Maid’s Song”, a selection from “The Hesperides & Noble Numbers”, by Robert Herrick

So as to make this story more fully informative, I went to work with The Girlfriend the other night, and what you’ll be reading today is basically my eyewitness report of what conditions are like at her workplace.

To be completely fair, she tells me that conditions at her facility are not as nice as the other comparable locations the State operates, so we'll have to establish right up front that this might not be a complete picture of how things are everywhere.

She is a nurse, The Girlfriend is, and she’s been working for the past 16 years with clients who live in what’s called a Residential Habilitation Center, and, to quote the State, her job is to “is to provide specialized care and support to people with developmental disabilities who have challenging needs”.

At the moment, the State operates five of these facilities, although that number is expected to be lower after this year; this because the number of clients being served has declined over time.

So the first thing we better talk about is the pay.

Ever since the labor unions took over State Government in Washington, wages for State workers have somewhat improved. The Girlfriend is earning in the middle of her pay range, which means she’s making about $870,000 a year, even though other nurses at her location jack in a million two or more.

(Washington State’s AFSCME is proud that they finally got our last State worker above $100,000; this was accomplished by changing Legislative Intern positions to Legislative Intern Level 7 positions and making step-pay increases part of that change.)

Of course, that’s not the whole package.

We woke up last night to the ringing of the call. On the line was the Facility Concierge, Lester, cheerfully waking us up.

We’re dressed, and heading out the door, and of course now the question is whether it’s a good idea to take the Bentley to work, what with the wintry weather and all, or to go with our SUV. You see, thanks to her State salary, we were able to purchase one of the two 2009 Lamborghini lm 800 SUV prototypes that were produced before the idea were abandoned…and even though—well, let’s just say there’s a “deal”.

See, the thing is, the valets at her facility are a bit sketchy, ever since the State outsourced the work (hey, the unions can’t win ‘em all)…and the Bentley can be replaced…and losing the Lamborghini would be a really big “deal”, because one of the other nurses owns one of those crazy Russian SUVs (she bought the Dartz Monaco Red Diamond Edition, even after they decided not to go with the whale penis leather seats), and there’s a lot of “keeping up with the Joneses” at her place…but we went with the Lambo anyway.

Lucky for us, two of our favorite valets (Tendei Furlough and Jenna Talia) were working, and we know the Lambo would be in safe hands with them.

I was starving, and she was, too; luckily for us the omelette and crêpe bar was still open at the cafeteria, which provides meals for State workers at no charge.

The cooks, as usual, had an excellent selection of Washington State food and beverage products available. I had crêpes with Yakima pheasant, Walla Walla sweet onions, and local champignon morel, all bound up in a lovely sauce Béchamel with just that little hint of clove that really makes it work for me.

She went for the Puget Sound King Crab omelette with freshly-gathered oyster mushrooms and Cougar Gold Dill Garlic cheese straight from the Washington State University creamery—which, I must say, was also an excellent choice.

The cooks apologized for the absence of fresh spot prawns, venison, and line-caught salmon tonight, but what with the State having to economize these days…what can you do?

At the table, our sommelier had something very special: some of the last of the 1996 Leonetti Cellar Cabernet Sauvignon out there anywhere—and I have to tell you, many people would not have chosen it with pheasant, but it was so nice that in this case I did not mind breaking convention. For a white, we had the 2008 Cadaretta "SBS" Columbia Valley Sauvignon Blanc-Sémillon; I gave it a taste, and I had to agree that it was indeed a 91-point wine.

Dessert was a lovely apple tart with fresh local cream and a glass of local Port, and then it was off to fitness and uniform services.

To help prevent on-the-job injuries, workers attend a paid two-hour workout session before each workday begins, and our guest fitness instructors this week had been brought in from markanthony’s of London, who are working out a deal with the State to bring “fitness podcast” to all workers at home.

After a shower, it’s back to the cafeteria for a break: scones, blueberry preserves, and mint tea for her (gathered from the on-campus garden), and a lovely slice of Remlinger Farm marionberry pie and an espresso doppio for me from one of the three baristas that are on duty at all times to meet the coffee needs of the 200 or so workers at the facility.

Tonight there’s an important union meeting and updates from State officials on new initiatives to come, so the next two hours is spent at The Conference Center, a building located next to the Japanese Garden and Koi pond and decorated in an Asian motif, with silk-covered chairs and teak and ebony furniture and many ornamental “panel” units scattered about the rooms.

A simple lunch was prepared and served tableside at The Conference Center by the Center’s catering staff: in honor of Hispanic Heritage Week and the former Caesar’s Restaurant in Tijuana, Mexico, we had the salad that bears the name, along with freshly made cranberry and walnut rolls and local creamery butter.

After our hour lunch break, which we spent shopping at the artisan mall that operates on the facility grounds (she’s having a hat made, I hit the tailor shop and ordered a dozen black turtleneck shirts, half in black, half in darker black, in case any “adventures” come up), we hit the “five hour on the clock mark”…and in Washington State, all State workers work five hours and get paid for eight.

So we caught the Campus Shuttle (there are electric vehicles available, on call, that carry workers from building to building) back to the valet station, collected the Lambo, and called it a day.

So that’s a great story, ain’t it?

Well, the reality is that Tendei Furlough is a name I invented because State workers are, this year, getting an unpaid ten day furlough, which means you just lost two weeks’ of pay this year.

Nurses? The reality is that most everyone she works with, nurses and nursing assistants alike, have been injured at one time or another because the staff is short and the clients might assault you or you might have to bear their weight unexpectedly.

The money is now better in the private sector, and benefits are catching up fast. (The “defined benefit” retirement system went away long ago, and today’s State workers, including The Girlfriend, with more than 15 years on the job, are in a “defined contribution” plan.)

There really haven’t been any raises, as any money they get on one end goes right back out the other in things like higher co-pays and—oh, yeah, that two weeks of pay they just sort of…lost.

There are fewer workers than before, but the workload is much higher than it was 15 years ago, which means even getting a break is now a “maybe, sometimes” kind of a deal.

Cafeteria? Valet? Please.

There is free parking, which is better than a lot of people have, but as far as amenities go, that’s about it.

Now the conversation is about how much more everyone’s pay can be cut…and I’m gonna tell ya, when you are on the way to becoming the lowest-paying job in town there is a point where things like providing client care and a decent education for your kids and keeping the prisoners inside the walls are going to be seriously impacted.

We just had a corrections worker killed on the job, and recent staff cutbacks might have been part of the reason why—and if you add declining pay to understaffing you end up with something like dollar store jail guards, which, as I mentioned above, is not gonna be good value for the taxpayer dollar.

By the way: does any of this sound like Governors are the stooges of labor leaders?

I hate to say it folks, and there are few politicians who will, but you cannot just cut taxes to zero and expect it to all work out.

Government costs money, people have to do the jobs, and hiring good people, just like in any other business, is a smart idea…and you don’t get good people if you just make the environment worse and worse and worse.

Governments have to decide how to spend money, and they have to spend wisely and well, and we all know that…but continually cutting, no matter what the cost, often leads to decisions that are neither wise nor well.

Often, over the negotiating table, government is forced to make better decisions about things like class sizes and buying bullet-resistant vests for cops, even if the elected leaders would rather do nothing but cut taxes, no matter what the cost, and when you strip away the voice of workers, you pretty much guarantee that the workplace won’t be a better place, either for the workers, or for the customers.

Those customers, of course, are you and me, and if you want the business of government that you’re paying those taxes to run to run well…then it’s time to support your State’s workers—and to get loud about it.

If we do we can make it plenty painful for the elected officials who, right now, are so busy trying to advance their careers by screwing over State workers that they might as well change all their last names to either Phillips, Slotted, or PoziDriv #4…and, as Martha Stewart would say, “that’s a good thing”.

Social Security: If You Can’t Kill The Program, Screw The People

There’s a lot of ways to be petty and cheap and stupid, and a lot of ways to stick it to a program you don’t like, and by extension, the clients of that program…and this week the House Republicans have embarked on an effort to combine the two into one petty, cheap, and stupid way to stick it to the clients of Social Security and the workers who administer the program.

They’re going to sell it to you, if they can, as a way to “lower the deficit”, or words similar…but what this is really about is making the actual Social Security program work less well—because, after all, if a program is popular today, the best way to make it less so is to apply a bit of “treat ‘em like their cars were impounded” to every interaction customers have with the system.

And what better way to make sure that happens…then to aggressively demoralize everyone who works down at the ol’ Social Security office?

The foot less prompt to seek the morning dew,
The heart less bounding at emotion new,
And hope, once crushed, less quick to spring again.

--From “Thyrsis”, by Matthew Arnold

So here’s the deal, short and sweet: Social Security is amazingly efficient at running an annuity and income support program, both at the same time; in fact, in 2009 the Social Security Administration Old-Age and Survivors’ Benefit Program took in not quite $700 billion and disbursed $564 billion, writing checks to and serving millions of customers at the same time…and they did this with administrative expenses of about $3.4 billion—and that’s just about .6% of the distributions, all of this according to the Report of the Social Security Trustees for 2009.

In the private sector, companies who provide annuities have administrative costs that range from 50% to 500% higher. (Of course, Social Security doesn’t have to pay sales commissions.)

The Social Security folks are similarly frugal with the Disability Insurance Program (expenses run 2.3% of distributions), and if you combine the two the total is .9%.

Nonetheless, the plan from the House Republicans, who want to return to balanced budgets right now, if they are to be believed, is to cut $1.7 billion of those administrative costs from a budget of just under $12 billion in the remaining 7 months of the fiscal year, and, according to the involved union, that means in those next 7 months workers will have to take three weeks worth of furlough days to make that work.

If my quick math is correct it means they hope to close the office about 10% of the time while expecting the same amount of work to be done, which is probably not going to happen.

The likely end result will be callers who can’t get through without more of a struggle, checks that may or may not get out on time, an angry workforce, and a general result that equals more and more people saying “Social Security sucks”—and if you ask me, that’s the real goal of this effort: to make Social Security unpopular, thus setting the stage for more cuts to come later.

And just to put all this in perspective, we today give subsidies totaling about $4 billion a year to oil companies, apparently because gold-plated caviar is really, really, expensive, and the same budget-conscious House Republicans…every single one of ‘em…voted to protect that subsidy just a couple of days ago.

Social Security workers were out yesterday handing out leaflets to describe what’s going on, although as far as I know the leaflets didn’t say that this is just one more part of a giant plan that’s already raising its ugly head in places like Wisconsin and Indiana and Ohio and New Jersey: start a war against one group of American workers by claiming they’re not “real” workers or that they’re “special, extra-privileged” workers…and try to drag down all workers in the process.

A cut like this is a shot at these workers, and, by extension, all workers who might, you know, like a raise some day—and it’s also a shot at you, or your parents, or your grandparents, who will eventually have to deal with the results of all the cutting.

But in the end, it’s important to look at the bright side: the gold-plated caviar market will still be protected, thanks to that $4 billion a year in cash we’re donating to oil companies—and if I had to guess, BP’s senior management will not be looking at longer wait times the next time they call Louie Gohmert or Joe Barton or any one of a few dozen other Members who evidently represent Big Oil first…and Americans last.

FULL DISCLOSURE: This post was written with the support of the CAF State Blogger's Network Project.