Wednesday, April 9, 2014

A "supreme" extension of money's influence on elections

The Supreme Court has had its share of major cases and decisions in the last few years. From the Affordable Care Act to two same sex marriage decisions to the Voting Rights Act. There have also been two cases related campaign finances and what limits individuals can spend to ultimately help influence elections. First came Citizens United now there is McCutcheon. Both cases essentially allow those with a lot of money to spend more of it. These two decisions have turned back reform efforts passed in 1973 and 2004 to prevent money from having a major influence on elections especially in the wake of what transpired involving Watergate.

This week the Washington Post's E.J. Dionne weighed in on the impact of these two campaign finance decisions by the Supreme Court:

"Supreme oligarchy"

An oligarchy, Webster’s dictionary tells us, is “a form of government in which the ruling power belongs to a few persons.” It’s a shame that the Republican majority on the Supreme Court doesn’t know the difference between an oligarchy and a democratic republic.

Yes, I said “the Republican majority,” violating a nicety based on the pretense that when people reach the high court, they forget their party allegiance. We need to stop peddling this fiction.

On cases involving the right of Americans to vote and the ability of a very small number of very rich people to exercise unlimited influence on the political process, Chief Justice John G. Roberts Jr. and his four allies always side with the wealthy, the powerful and the forces that would advance the political party that put them on the court. The ideological overreach that is wrecking our politics is now also wrecking our jurisprudence.

The court’s latest ruling in McCutcheon et al. v. Federal Election Commission should not be seen in isolation. (The “et al.,” by the way, refers to the Republican National Committee.) It is yet another act of judicial usurpation by five justices who treat the elected branches of our government with contempt and precedent as meaningless. If Congress tries to contain the power of the rich, the Roberts Court will slap it in the face. And if Congress tries to guarantee the voting rights of minorities, the Roberts Court will slap it in the face again.

Notice how these actions work in tandem to make the wealthy more powerful and those who have suffered oppression and discrimination less powerful. You don’t need much imagination to see who benefits from what the court is doing.

Roberts’s McCutcheon ruling obliterates long-standing rules that limit the aggregate amounts of money the super-rich can contribute to various political candidates and committees in any one election cycle. In 2012, individuals could give no more than a total of $70,800 to all political committees and no more than $46,200 to all federal candidates.

The rule is based on a political reality Roberts sweeps aside with faux naivete: Access and power come not just from relationships with individual members of Congress but from strong links to party leaders and party structures. Someone who helps a party keep its majority by contributing to 200 or 300 candidates and Lord knows how many political committees will have a lot more power than you will if you make a $25 contribution in a congressional race.

Roberts writes as if he is defending the First Amendment rights of all of us. But how many people are really empowered by this decision? According to the Center for Responsive Politics, 1,715 donors gave the maximum amount to party committees in 2012, and 591 gave the maximum amount to federal candidates. The current estimate of the population of the United States stands at more than 317 million.

Those using the word “oligarchy” to describe the political regime the Supreme Court is creating are not doing so lightly. Combine McCutcheon with the decision in the Citizens United case and you can see that the court is systematically transferring more power to a tiny, privileged sliver of our people.

I keep emphasizing the word “power” because the Roberts decision pretends that the concept is as distant from this issue as Pluto is from Earth. The philosopher Michael Walzer, in his book “Spheres of Justice,” made the essential distinction: “Freedom of speech, press, religion, assembly: none of these require money payments; none of them are available at auction; they are simply guaranteed to every citizen. . . . Quick access to large audiences is expensive, but that is another matter, not of freedom itself but of influence and power.”

In his McCutcheon opinion, Roberts piously declares: “There is no right more basic in our democracy than the right to participate in electing our political leaders.” This lovely commitment escaped him entirely last summer when he and his allies threw out Section 4 of the Voting Rights Act. Suddenly, efforts to protect the right of minorities “to participate in electing our political leaders” took second place behind all manner of worries about how Congress had constructed the law. The decision unleashed a frenzy in Republican-controlled states to pass laws that make it harder for African Americans, Latinos and poor people to vote.

Thus has this court conferred on wealthy people the right to give vast sums of money to politicians while undercutting the rights of millions of citizens to cast a ballot.

Send in the oligarchs.

Tuesday, April 1, 2014

The death of William Henry Harrison

In 1841, William Henry Harrison became the 9th U.S. President. A month later, he was dead and would become an infamous part of the history of the U.S. Presidency. Many can wonder what a Harrison presidency might have brought as well what it may have meant to the Whig Party. The most talked about element of Harrison's term in office is his death as he succumbed to pneumonia after getting sick from giving a two hour speech underdressed in the cold of Washington D.C. in early March 1841.

Over 170 years later, Jane McHugh from the New York Times is opening up the discussion on what may have ultimately did Harrison in and provides a new and different perspective on what might have ultimately killed Harrison.

Below is her commentary:

William Henry Harrison, the ninth president of the United States, holds a distinction that with luck will never be equaled: He was our shortest-serving president, dying on April 4, 1841, after just a month in office.

What killed him? Historians have long accepted the diagnosis of Harrison’s doctor, Thomas Miller: “pneumonia of the lower lobe of the right lung, complicated by congestion of the liver.”

The pneumonia was thought to be a direct result of a cold the 68-year-old Harrison caught while delivering a numbingly long Inaugural Address (at 8,445 words, the longest in history) in wet, freezing weather without a hat, overcoat or gloves.

But a new look at the evidence through the lens of modern epidemiology makes it far more likely that the real killer lurked elsewhere — in a fetid marsh not far from the White House.

The first clue that the pneumonia diagnosis was wrong lies in Miller’s own apparent uneasiness with it. “The disease,” he wrote, “was not viewed as a case of pure pneumonia; but as this was the most palpable affection, the term pneumonia afforded a succinct and intelligible answer to the innumerable questions as to the nature of the attack.”

Harrison — who had had some medical training as a young man — summoned Miller to the White House on March 26, complaining not of a lung ailment but of anxiety and fatigue. Miller did not bleed him, as was the standard treatment for pneumonia at the time. (More about what he did do in a moment.) But Miller may have overlooked a clue that was in front of his nose.

In those days the nation’s capital had no sewer system. Until 1850, some sewage simply flowed onto public grounds a short distance from the White House, where it stagnated and formed a marsh; the White House water supply was just seven blocks downstream of a depository for “night soil,” hauled there each day at government expense.

That field of human excrement would have been a breeding ground for two deadly bacteria, Salmonella typhi and S. paratyphi, the causes of typhoid and paratyphoid fever — also known as enteric fever, for their devastating effect on the gastrointestinal system.

Two other antebellum presidents, James K. Polk and Zachary Taylor, developed severe gastroenteritis while living in the White House. Taylor died, while Polk recovered, only to be killed by what is thought to have been cholera a mere three months after leaving office.

Harrison had a history of dyspepsia, or indigestion, which potentially heightened his risk of infection by gastrointestinal pathogens that might have found their way into the White House water supply.

Although we have no record of how he managed his dyspepsia, the standard treatment in the 1840s was carbonated alkali, which would have neutralized the gastric acid that otherwise kills harmful bacteria. In the absence of the gastric acid barrier, gastroenteritis can be caused by as few as one ten-thousandth the number of bacteria usually needed.

In 1841 there was no effective treatment for enteric fever. The most a doctor could do was adhere steadfastly to medicine’s most sacred tenet, primum non nocere — first do no harm.

At least Miller did not bleed the president. But he gave him a host of toxic medications that were then considered the standard of care — including opium, which retards the intestine’s ability to rid itself of microbial pathogens, facilitating their invasion into the bloodstream.

Enemas, which Miller repeatedly gave to Harrison, are also potentially dangerous in such patients. They can perforate ulcers produced by S. typhi and S. paratyphi in the ileum, the lower end of the small intestine, through which the bacteria would be able to escape from the intestine into the bloodstream, resulting in sepsis.

As he lay dying, Harrison had a sinking pulse and cold, blue extremities, two classic manifestations of septic shock. Given the character and course of his fatal illness, his untimely death is best explained by enteric fever. Pneumonia was a secondary diagnosis — as Harrison’s hapless doctor perhaps suspected all along.