The ever growing elephant in the room


What is $474.15 Billion dollars?

The fiscal cliff looms in the distance like a funnel cloud on the hard-packed plains of Texas.  The key difference is we can avoid that wicked looking mess coming our way.  Functionally, this is a historic opportunity, wrapped in gilt and handed to the parties with the same bows and trappings of the holiday preceding the impending fluster cluck that is about to go down.  That gift; a moment to finally stop bullshitting and come together to get this nation on a path to a balanced budget, an aim at reducing the national debt, and reigning in the last decade and change of madcap spending that has gone on.

Those hoping for this know better.  The only thing we, the American public, will get out of this deal is coal in our stockings which will be summarily taken away because it is neither green nor ours to use as an energy resource.

The New York Times has a fantastic Infographic available to the public where you can see firsthand what grew, what shrank, and what is owed to who and where.  I will be frank, if the President or Congress is serious about cutting the deficit and balancing the budget then all the programs they swore to protect must share in some of the bloodletting.

Medicare and Medicaid account for nearly one-third of the budget by itself.  Toss Social Security into the mix and over half the budget is consumed by these two programs alone.  Defense spending.  It rings in, for the first time, lower than the cost of Social Security, and is quickly being outpaced by the interest on the national debt.

This brings me to my beginning question; what is $474.15 billion dollars?  That number is what is owed in interest on the national debt.

It is staggering to look at, and,  mind you, that is the interest.  Not some credit card minimum where part of what you pay hits the principle and we will ever so slowly knock it down.  Nay good reader, this is pure interest without a dime set to the principle.  I’ll be honest, that would be the first number I would be set to tackle for that number will be what kills us.

If the President’s moratorium on discretionary spending (which would freeze the large majority of defense spending but leave social security and Medicare/Medicaid alone) goes through then we’ve only slowed the train down, but it will chug along.  Mayhaps you can knock out some of that principle.  Hold back the rising tides, but the moratorium cannot last forever, and if it is not adapted to, the glut of costs that will come cascading down and crush any gains made.

So, while our elected officials piddle away the hours playing games of imaginary chicken and peek-a-boo with the press, handing out reports of  “nothing to see here” we are getting buried.  The interest grows, and will eclipse the costs of social security and Medicare/Medicaid if left untouched, all the while pledges are being made to not raise taxes on anyone and no programs will be cut.  Looking at the reality on paper/webpage and listening to the news brings two conclusions to mind.  Either those in power want this world to burn for the sake of petty feuds and broken ideologies, or they are, much to our chagrin, monumentally clueless as to what they have brought down upon all of us.  It will come to a day when that cost, just to cover the interest being made on the debt, will choke us out, and we will be forced to cut to maintain or default.  Best to do them now, with flexibility and foresight on our side than a later time when we must cut because there is no other option.  When a monthly social security check is short $21 a month for living expenses versus hundreds of dollars short because there isn’t any money left to paid those who are owed.  Petty promises and pledges won’t mean a damn thing then, and, to be frank, shouldn’t mean a damn thing now.

Stop frothing at the mouth for a moment and realize the long game moments


My stomach fell out when the decision on Thursday rolled down.  I was a staunch believer that any variation of the individual mandate was a legal faux pa and had to be struck down.  Then I read the Roberts decision and was illuminated to an entirely new way of operating in the government.  I was seeing, for the first time, not a decision based on party politics or personal interest.  No, I saw a straight out of myth ruling based on pure constitutional reasoning. Okay, there may have been some political wranglings in there, and I am thrilled that other pundits and writers like Michael Medved and Paul Begala were quick to point out the true victory for Republicans in the bill.

At the root of the Roberts decisions, aside from defining the mandate as a tax and throwing the life of the bill back into the hands of Congress which may very well fall into Republican hands in November, there was this little gem:

2. CHIEF JUSTICE ROBERTS concluded in Part III–A that the individual mandate is not a valid exercise of Congress’s power under the
Commerce Clause and the Necessary and Proper Clause. Pp. 16–30.
(a) The Constitution grants Congress the power to “regulate Commerce.” Art. I, §8, cl. 3 (emphasis added). The power to regulate commerce presupposes the existence of commercial activity to be regulated. This Court’s precedent reflects this understanding: As expansive as this Court’s cases construing the scope of the commerce power have been, they uniformly describe the power as reaching “activity.” E.g., United States v. Lopez, 514 U. S. 549, 560. The individual mandate, however, does not regulate existing commercial activity. It instead compels individuals to become active in commerce by
purchasing a product, on the ground that their failure to do so affects interstate commerce. (link)

Roberts effectively stopped the government from mandating that a lack of participation in a specific filed of commerce amounted to having a direct impact on interstate commerce.  In writing the decision this way he took the congressional, and largely Democratic, insistence to tell Americans what to do with their money, even when they are not spending it, and locked it away in that nasty little box known as ‘unconstitutional’.

Labeling the mandate as a tax was something the President was specific about avoiding during the creation and vote on the bill.  Even after it was enacted they President and Democratic members of congress were adamant that it was not a tax, but when they went to the line the only legal way to argue it, and to save any resemblance of the mandate, was to label it just that. However, in doing so it lost that shiny aspect of a social program that could be administered by an Executive Branch organization, and was put back in the hands of Congress.

Lastly, there is the matter of the tax itself.  I’ve seen the posts on social websites and heard my conservative friends gnash their teeth and scream to the heavens about how individual liberty is dead, how freedom is no longer found in the United States, and I chuckle.  The issue will be revised. CNN pointed out, not 30 minutes after the decision was made, that the tax can only be challenged, by law, after it has gone into effect.  That means in January of 2014, the first year the penalties, excuse me, Taxes are in place, there will be another lawsuit, another challenge, and another Supreme Court decision,

Chief Justice Roberts looked to the future on this decision, and he ruled, not as a conservative or a liberal, but as any judge should.  He put the balls back in their respective courts, taking the power to create taxes away from the executive and giving it back to the legislative, and told the nation that the President would not be playing with that ball anymore.  At least, not in that capacity.

UPDATE: A site I frequently visit (www.neveryetmelted.com) has a fantastic article on this and links to several other articles.  I’d strongly recommend bookmarking it if you get a chance.