Democrats Say 'Go' - Republicans Say 'Wait'
While members expected the Senate Finance Committee to begin its Wednesday markup by returning to the contentious amendment related to a White House deal with pharmaceutical companies, Democrat Bill Nelson - who had introduced that amendment - was not present. (* In my original post, I mistakenly identified the senator as Ben Nelson. The post has been corrected.) So Baucus moved on to an amendment from Republican Jim Bunning, which turned out to be a catalyst for 2 hours of debate. The debate made clear both the partisan divide on the committee at this point and how important it is to key Republican Senator Olympia Snowe to know exactly how much the Finance Committee bill will cost.
Bunning's amendment would have forced the committee to wait for its bill to be translated from "conceptual language" to "legislative language." (The former is basic plain English that's easily understandable; Finance Committee legislation is typically presented in this form. The latter is legalese that's difficult for lay people to interpret, but is the language that actually becomes law.) Bunning's amendment further called for the Congressional Budget Office to formally assess that legislative language and post it online for three days before a vote. In practice, this would delay the Finance Committee vote for two to three weeks.
As debate ensued, Republicans on the committee were lined up behind Bunning, while Democrats were opposed. Democrat John Kerry called the amendment, “fundamentally a delay tactic,” saying the legislative language is “arcane, legalistic.” He's right – it's nearly impossible for a non-lawyer or policy wonk to read legislative language from the Finance Committee and come away with any real understanding of what it means. (Democrat Kent Conrad later read a section of legislative language to demonstrate this. Republican Pat Roberts then verbally interpreted what Conrad had read to prove that it was understandable to some people, including the special interests and government agencies affected by it.)
Throughout the debate, some of the most consequential statements came from Snowe, who was visibly annoyed that Democrats were opposing Bunning's amendment. (Snowe is likely the only hope Democrats have for getting bipartisan support for the bill they ultimately will vote on.) Unlike other Republicans who tried to paint Democrat opposition to Bunning as a lack of transparency – Snowe's argument was based on the fact that the CBO said in an earlier letter it needed full legislative language to come up with a formal assessment of how much the committee's bill would cost. “Words matter and so do the numbers…if full [legislative language] matters to the Congressional Budget Office, it should matter to us.” As Baucus argued that the delay forced by the Bunning amendment would take too long, Snowe got even more animated, waving her arms, banging a pointed finger on the table and raising her voice. “I don't understand the resistance…This is about doing our job…What is the rush?…Is there something happening in two weeks that we cannot wait?…I want to do my job.”
(The deadline for Democrats to pass some health care legislation via reconciliation is mid-October, but Baucus is also under pressure from the Congressional leadership and White House to pass legislation quickly before public opposition grows further.)
In the end, Baucus introduced his own amendment that said the committee would wait to vote until the bill was ready in “conceptual language” with a “complete cost analysis” from CBO. Essentially, this means Baucus considers CBO's assessment of the bill in plain English good enough. The vote on Bunning's amendment was split directly along party lines, except for Democrat Blanche Lincoln, meaning it failed to pass. The Baucus amendment passed directly along party lines.
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1
Sausage, made sloooowly....
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2
"...Democrat Ben Nelson - who had introduced that amendment - was not present...."
What was his excuse?
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2.1
He's from Florida.
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2.2
I believe that should be Bill Nelson, not Ben.
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2.3
Ben, Bill, Maj. Tony, what's the diff? If they serve on the committee the only excuse for not being there is family death and/or swine flu.
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3
"(The deadline for Democrats to pass some health care legislation via reconciliation is mid-October, but Baucus is also under pressure from the Congressional leadership and White House to pass legislation quickly before public opposition grows further.)
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Is this further evidence that they will yet again pass legislation that they will not read, Kate?
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Will we again see a hurried process to get "something" passed that we will regret later? Simply to pass something of such importance to everyone that will affect them for the rest of their lives so that Democrats can chalk up a "victory"?
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I am all for legislation that is written in a form of English that is completly understandable to all Americans who want to read it and understand. Perhaps what we need are laws passed that will no longer be interpreted by lawyers in "lawyerese" and written in basic, plain English.
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Will you be asking the Senators who are attempting to rush this through if they do not care about what this will cost us? That they will forego the process of accounting that the CBO does to ensure we are getting a plan that is financially in the best interest of ALL Americans, and not just a specified few?
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Will you be asking that Kate?-
3.1
Good point, Rusty. I would hate for lawmakers to unintentionally write a bill that had far broader consequences than what they intended. At least we know Republicans will be sure to insist that such a leap to rush through legislation never happens.
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(The deadline for Democrats to pass some health care legislation via reconciliation is mid-October, but Baucus is also under pressure from the Congressional leadership and White House to pass legislation quickly before public opposition grows further.)
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is the "reconciliation" deadline written into law?
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This does explain why Dems would want to "rush" things through this committee -- but a much smarter approach would be to just tell Baucus that he waited too long, and use the HELP committee bill as the basis for Senate consideration of health care reform.
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Trying to force something through this committee, then through the "melding" process wherein some mystical group will "combine" the HELP and Finance bills for consideration of the entire Senate, and get it passed by the Senate by mid-October is guaranteed to do two things ---
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1) produce a bad bill
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2) give the GOP an excellent political issue for the 2010 campaign.-
4.1
Won't matter, Pluk - Repubs won't vote for it anyhoo. Dean Smith would be proud of their four-corners offense...with no shot clock.
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4.2
nfl...
I'd suggest that it very much matters, because the GOP's prospects in 2010 (and 2012) rests in large part on whether they are perceived as "obstructing" a good health care reform bill, or whether they are seen an "standing up for Americans" by trying to stop a bad health care reform bill.
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And if anything like the Baucus bill -- something with an "individual mandate" that forces people to subsidize insurance companies profits -- passes, its going to be seen as a bad bill. -
4.3
Let's say that something passes (and likely will). If, like the stimulus, positive signs result, you can bet the 'Pubs are screwed for years, if not decades. As of now they have no alternative to the status quo so their only hope is for the law to fail so they can -- once again -- campaign from the standpoint that the Dems are worse than they are. The game is played both ways, I know, but why can't we change the rules for gosh sakes?
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4.4
Yeah great plan except for the fact that only the finance committee has jurisdiction over the money that will be needed to pay for it. When the GOP was in power and they wanted to abolish the filibuster to totally neuter opposition and Democrats screamed to high heaven so now that we will live with the rules because without them, when the and if the nuts ever get back in charge they won't be able to just implement even more of their craziest schemes.
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5
Max Baucus is a political and legislative genius.
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I'm so relieved that he's in charge of the health care reform process.
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Senate Democrats inspire such confidence in the public! -
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Stuart, you are on this blog all day.
You are sufficiently informed and we read you.
So put out your proposal. What should we do to reform health care?
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6.1
I'd like to read stuart's ideas too. Also, he tends to create debates from his thoughts, so maybe he's the only one here who can contribute original ideas and get discussion. I've tried and only get crickets. I'm sick of this crap.
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6.2
dollared:
you are on this blog all day
It's amazing that I can do this and at the same time am on the verge of completing a major software/database project. I need to spend more fun time with my incredibly lovely and brilliant wife (http://img14.yfrog.com/i/q45.jpg/ , http://twitpic.com/axkbi , http://twitpic.com/bagnv), don't you think?
You are sufficiently informed and we read you.
I am insufficiently informed, which is why I'm constantly here asking the pro journalists for help in that enterprise, but my sincere thanks for taking the trouble to read what I put up here .
What should we do to reform health care?
I don't know, but I what I do know is that the fundamental premises of reform should be:
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A) the reduction of US health care costs from $7290 per person to at or below the OECD average of $2964 ( http://www.correntewire.com/national_health_expenditures_oecd_countries_2007_pictures )
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B) the provision of quality, affordable health care to every American as part of their citizenship contract with the state, much the same way that every citizen expects their nation to act to prevent attacks by terrorists
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C) the rejection of a "politics first" & "art of the possible" approach to health care reform, and the acceptance of whatever political risks come with reform, the assumption being that, if we could pass Social Security without guaranteeing the destruction of the Democratic Party or liberalism, we can pass health care reform that puts us both a long way toward solving our problems, and firmly in the role of partners of middle class families
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I have some ideas, but I don't know where to go to have them checked by people who can credibly correct my information and understanding of the current system.
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Many of my reform ideas are horrifyingly mundane, and so would be very difficult to rally support around, and very easy to demagogue in today's political media.
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For example, one of those ideas would be to do away with or drastically restructure Medicaid rebates to drug manufacturers.
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Look at this piece here http://tinyurl.com/mrsf8r :Democratic Senators Propose Medicare Drug Rebates
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Source: The Wall Street Journal
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By Alicia Mundy July 24, 2009
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WASHINGTON -- Freshman Sen. Jeff Merkley of Oregon and 21 other Democrats have asked Finance Committee Chairman Max Baucus to require pharmaceutical companies to pay the government rebates on certain drugs provided under Medicare, as a way of helping fund a health-care overhaul.
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Under the proposed rebates, drug makers would pay back to the government some of the difference between higher prices charged for medicine under Medicare and the lower prices that are charged under Medicaid. In 2006, low-income seniors covered by Medicaid were moved into Medicare, which provides health care for the elderly.
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"We say we're trying to reduce costs, and this has been scored at $63 billion even if the companies only do rebates on low-income seniors," said Mr. Merkley in an interview Friday, referring to Congressional Budget Office estimates of how much the government might save over a decade through such rebates.
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Early this year, brand-name drug makers and their lobby, the Pharmaceutical Research and Manufacturers of America, or PhRMA, began a campaign on Capitol Hill and at the White House to prevent rebates, which they call "price controls," from resurfacing in the health-care debate.
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In a statement, PhRMA's senior vice president, Ken Johnson, said: "The inclusion of mandatory rebates in [Medicare] Part D would undermine the benefit's market-based approach that has led to unprecedented savings for seniors on their prescription medicines." He said the steps could stifle pharmaceutical companies' innovation.
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Mr. Merkley said Medicare drug costs are artificially high because the government isn't allowed to negotiate prices directly with companies.
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His letter says that if negotiation isn't permitted, the government should demand the return of Medicare D rebates, and that should be part of the Senate's health-care legislation. The letter's signatories include Sen. Barbara Mikulski of Maryland; Dianne Feinstein of California, and Chuck Schumer of New York.I'm starting to think that the prices that Americans pay for drugs are wildly, artificially high, just like the cost of money is wildly, artificially low thanks to the Federal Reserve.
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What may be necessary is that the US government
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1) simply says to PhRMA "We're not going to pay a dime more than Japan does for drugs, period."
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2) stops rebating drug companies for the excess prices of what the government buys
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In case that didn't make sense, dollared, bear with me while I analogize for a minute:
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Imagine that drugs were computers, and that Dell sold computers to the US government in massive quantities every year.
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Let's say that the Feds used the bargaining power of such volume purchasing to demand lower prices for those computers, like governments do around the industrialized world.
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Now imagine what the effect on computer prices would be. In a transparent market, there would be a price floor created on what the cost of computers were, because every buyer in every market would rationally expect to pay a bit more than what the government paid, and they would know what that price was. The government's price would be the lowest price in the market, and every buyer and seller of computers would adjust their expectations accordingly.
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(As I mentioned earlier, this happens now with the price of money. When the Federal Reserve lowers or raises interest rates --the price of borrowing money from the central banks-- the private markets follow suit, and everybody knows what the price of money is, since the news is made public.)
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But what if a different scheme were in effect?
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What if Dell could somehow convince the government that it would be better to overpay above that negotiated minimum price, and then make it up to the Feds by paying the government back a rebate?
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What if Dell told the Feds that it would be just like when their computer buyers bought a PC online for $999, and then got a $100 rebate check from Dell in the mail six weeks later (like in this mail in rebate form here http://tinyurl.com/lg2dcv)?
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What if those rebates were less than transparent, too?
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What would happen to the price-floor on computers?
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It would rise from what it was before the rebate scheme, wouldn't it? It would sit at the higher pre-rebate price, no?
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In fact, if the rebates on computer prices were significant enough --a computer could cost the government $1000 initially, but have a $500 rebate-- Dell could keep the price of computers in the entire market up above the $1000 range, couldn't it?
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And since the government had moved from negotiating real computer prices with Dell to negotiating rebate amounts and rebate details, negotiations would have less of a chance of stopping Dell from raising initial prices to the government, too, since the market's price was so high...see how that might work?
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I think that this scenario --or something very much like it, only worse-- is what's going on with the drug market, dollared.
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I want to fundamentally change that system as a part of reform, so that prices are set transparently and as simply as possible.
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Unfortunately, that kind of reform requires the premise C) be adopted by reformers. It requires that the political process have enough integrity to withstand a massive ad campaign to sway the public against "socialism" and "price controls". It requires the patriotic will to rise to the defense of our nation and its citizens. It requires the skill and desire necessary to explain to Americans how their system works, and how it doesn't work for them.
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Anyway, you asked, so I hope that this helps explain a little bit of what I think may be necessary to lift our country out of the health care grave it has dug for itself.
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Thanks for reading and considering this, dollared.
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(Back to the database now!)
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Amazing that folks who can't even stay awake for legislative decisions that are quite literally life and death hold the future of reform in their hands…
Funny how the GOP criticizes Democrats for not reading thousand-page bills but is perfectly OK with lawmakers literally sleeping on the job. If it delays health care, it's fine with them.
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8
Non-Sequitur Alert: KC's Today show-like "interview" with Blech likely shows why she's not being confused with Edward R. Murrow.
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"The deadline for Democrats to pass some health care legislation via reconciliation is mid-October, but Baucus is also under pressure from the Congressional leadership and White House to pass legislation quickly before public opposition grows further."
So from where and who did this factoid come? Anybody that would give a name or one of those "highly placed sources speaking under the condition of anonymity"?
You can be as cynical as you want but you better have proof that the deadlines are simply there to ramrod legislation past a clueless public. In any case, the Congress won't grow brass and the public won't grow brains on the subject no matter how much time for "considered and thoughtful debate" passes.
Stay the course until we hit the rocks. It's how America works.
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9.1
The reconciliation deadline of October 15 was in a budget resolution that passed earlier this year.
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10
They are trying to run out the reconciliation clock. Nothing else.
Snowe or Bunning have never cared what Iraq or Med D or No Child Left Behind costs, and have never demanded that the common language text be converted to the arcane legislative text before they a vote.-
10.1
But all of a sudden it's relative. See also "poll taxes".
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11
"Republican Senate Minority leader Mitch McConnell blasted the investigation of Humana on Wednesday, calling it a "federal gag order" that seeks to silence a health provider that disagrees with the administration. McConnell said he's called for a complete legal justification of the probe.
"This is so clearly an outrage," McConnell said on the Senate floor. "For explaining to seniors how legislation might affect them, the federal government has now issued a gag order on that company, and any other company that communicates with clients on the issue, telling them to shut up -- or else.
"This is precisely the kind of thing Americans are worried about with the administration's health care plan. They're worried that government agencies which were created to enforce violations even-handedly will instead be used against those who voice a different point of view," he said."
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Is this further proof of how the Democrats, in specific the President's way of curbing any discussion on the Healthcare debate?
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Are we seeing that the townhalls, which were packed with seniors now being shut down, and no longer allowed to be told the truth about their potential loss from the Baccus Plan / ObamaCare Plan?
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How is this transparency? How is that permitted under the 1st Admendment?
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When we do get your "Public Option", if there are changes to the program, does the government write a letter from CMS saying "you can't send that information out, it might look bad on the governments part". Is this the real cover-up that Obama and the rest of the Democrats do not want our seniors to know about? Not letting seniors know that they will be fore-going BILLIONS of dollars in coverage so that they can pass their precious Healthcare Reform?
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How disgusting.
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http://www.foxnews.com/politics/2009/09/23/mcconnell-blasts-government-gag-order-private-health-care-provider/ -
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Oh rusty; so very close to having an actual point of view. Then, you reference foxnews. Vile substanceless partisanship, thou showest thine face true.
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12.1
Truth is never a bad thing, nor does it become un-true simply because you do not feel the source is always telling the truth.
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We can only wish that our elected officials in Washington had only our best interests at heart. That they were always telling the turth, no matter what so help me God.
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We can only hope that when they take the oath to protect and defend the Constitution that they do so freely without any lobbyist twisting their arms.
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Unfortunately, our elected officials have their own interests at heart well before they have the average American. Why else would they have poll numbers that are the lowest of all time.
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[...] Republicans said, in the interest of "transparency," the committee should not vote on a bill until they have full "legislative language," the complicated legalese only decipherable by a tiny fraction of [...]
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[...] in Salon: Working on reform legislation Wednesday, the panel spent most of the morning debating an amendment by Republican Jim Bunning of Kentucky that would have delayed votes on any other amendments until [...]
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Hi Stuart,
Thanks very much for sharing your views. I am in agreement, only tempered by my weak-kneed thoughts about what's "politically possible."
I am shocked at the naked willingness of our legislators to say that we should subsidize Pharma by paying double what anyone else does for drugs, and what that implies about their patriotism and willingness to advocate for what's good for the majority of Americans. It's corruption, pure and simple.
So I would implement all of what you suggest, although I would settle for a target of OECD+40% - the cost of living is higher here, and I would save some powder for lowering defense spending and farm subsidies.
The tragedy is that our country is still rich enough to reform and return to prosperity. But the capture of our legislature by banks, medical, defense and farm industries, and the super-wealthy is complete, and our 10% unemployment and trillions in debt is directly attributable to the policies those groups advocate.
Campaign spending reform is our only hope.
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[...] John Kerry (D-Mass.) went as far to say the actual bills use arcane language that ordinary Americans wouldn't understand. Regardless, the public has a right to have time (at [...]
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