Just because Republicans relied on Russian interference to win the 2016 Presidential election doesn’t mean they’ve exhausted their means of winning elections. As of March 4, the federal government hadn’t spent a dime of the $120 million allotted to fight foreign election interference, according to The Hill. And according to The Nation, the Republican-majority Supreme Court has gutted the Voting Rights Act to provide 868 fewer places to vote, most in areas with strong minority populations. The United States Attorney General Jeff Sessions has even stifled voter registration efforts of minorities. But Republicans put all their eggs in winning the Presidency basket because it would allow them to use the 2020 census to their advantage.

Brookings Institution demographer William Frey projects that whites will become the minority in the under-18 age group in 2020 and that the white share of the population will fall under 60 percent for the first time. So if Republicans can’t convince minorities to support them, they have to do what they can to preserve the illusion that their base is not dwindling.

The census is more than just a means of determining America’s population and demographics. It determines the number of Congressional representatives and electoral votes states receive, how $675 billion in federal funding is allocated to states and cities annually for schools, public housing, roads and health care, and how states will redraw local and federal voting districts.

For instance, if the 2020 census is conducted fairly, Election Data Services expects Minnesota, Michigan, Illinois, Ohio, Pennsylvania, New York, New Jersey, Rhode Island, West Virginia and Alabama to lose one Congressional seat each. Those nine Congressional seats would most likely be redistributed to Texas, receiving three, Florida, receiving two, and Oregon, Colorado, Arizona and North Carolina all receiving one.

But minority populations tend to be undercounted and white populations overcounted during the census. According to Mother Jones, the 2010 census overcounted white residents by nearly one percent and failed to count 1.5 million people of color. This leads to minority populations being under-represented in Congress and under-served by federal funding. And the Trump Administration plans to rig the census like never before.

The citizenship question will scare immigrants from completing the census

The census is not a count of Americans, but a count of people residing in America. It is a count of American-born citizens and illegal immigrants alike. And while federal law prohibits the census bureau from sharing data with anyone, including Immigration and Customs Enforcement, most illegal immigrants don’t know that and are naturally afraid of completing the census. They are probably more aware that the Secret Service used census data to round up Japanese Americans and send them to internment camps during World War II, or that failure to answer a census question could result in a fine of up to $100. Immigrants should know that skipping the question won’t likely result in a fine, and your census response will be counted whether you answer the citizenship question or not. Instead, some immigrants actually up and move upon being interviewed, and Census Bureau data shows that undocumented immigrants are “hard to count.”

The state of California has the most to lose if a citizenship question is added to the census, which Commerce Department Secretary Wilbur Ross has already announced will be the case for the first time since 1950, citing the aforementioned Voting Rights Act as a reason for the addition. California and 13 other states are suing the federal government over the citizenship question in fear of losing federal funds and representation because of their large, foreign-born populations. According to Mother Jones, “California’s finance office estimates the state will lose $1,900 annually for each uncounted resident in 2020.”

Worst yet for California is that 20 percent of its residents live in hard-to-count areas, “where more than a quarter of all households failed to mail back their 2010 census forms, including a third of Latinos and African Americans.” California has 10 of the 50 counties in the country with the lowest census response rates -- home to 8.4 million people -- a population larger than that of 38 states, so you can see why the state is suing over the census citizenship question.

Republicans have cut funding for the 2020 census

Just like the Environmental Protection Agency, Republicans have cut funding for the Census Bureau to basically make it dysfunctional. Back in 2012, despite objections by the Obama Administration, Congress told the Census Bureau to spend less money on the 2020 census than it had in 2010. This is after the Census Bureau failed to count 1.5 million minority residents of the United States.

With Donald Trump taking office, Congress cut the bureau’s budget another 10 percent and gave it no additional funding for 2018 -- a time the bureau generally receives a major budget boost to prepare for the census. Now the Census Bureau has half as many regional centers and field offices as it did in 2010, and the 2020 census will be conducted with 300,000 enumerators -- 200,000 fewer than in 2010.

At the same time 10 years ago, there were 120 Census Bureau employees; there are currently 40. And the $340 million promotional ad campaign for the 2010 census will likely go towards working out the kinks of the new technology replacing the boots on the ground.

The 2020 census will rely on digital software for the first time

The result of less funding is an investment in technology instead of people. For the first time, the U.S. census survey will be made available online in 2020. Instead of carrying clipboards, census enumerators will carry tablets, and regardless of the vulnerability of the 2020 census data to foreign interference and hacking, people will be missed, even with the increased availability an online survey provides. That is, if the software works. If the online census rollout is anything like the Healthcare.gov rollout, the 2020 census could be a complete disaster.

Planning and testing for the 2020 census has also taken a big hit by budget limitations. Field tests in Puerto Rico and on Native American reservations in North Dakota, South Dakota and Washington were cancelled last year, and two of three rehearsals planned for this April were also cancelled.

While traditional paper surveys will be mailed to 20 percent of American households that have poor internet access, “36 percent of African Americans and 30 percent of Hispanics have neither a computer nor broadband internet at home, and a Pew Research Center survey published last year found that more than a third of Americans making less than $30,000 a year lack smartphones,” according to Mother Jones. So people will be missed by the Census Bureau, and the people most likely to be missed are minorities.

How you can help make sure the 2020 census is accurate

You can help make sure the 2020 census is accurate by, first, filling out the census form. Whether you’re a legal resident of the United States, a foreign visitor with a temporary work visa, or an illegal immigrant, you should complete the 2020 census survey.

You can also make sure your neighbors complete the census by making them aware of the importance of the census, and that your community’s Congressional representation and federal funding depends on it. You can assure your foreign-born neighbors that census data won’t be shared with ICE or any other agency, and that skipping the citizenship question won’t disqualify your census response. You can also organize a series of census survey days at your local library so those without internet access or a home address can complete the 2020 census.

You don’t have to be a hired enumerator for the Census Bureau to make sure the 2020 census is accurate, but if you’re interested in serving as a census enumerator, follow this link. If you speak a second language, that would make you an ideal candidate in states with high immigrant populations.


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With agents of United States Immigration and Customs Enforcement raiding 7-Elevens across the country intent on deporting illegal immigrants and punishing the companies that employ them, immigration reform is taking center stage this week in Washington, D.C. 

Democrats have long hoped to provide a path to citizenship for immigrants temporarily allowed in the country under the Deferred Action for Childhood Arrivals policy, which allows children brought to America by family members illegally to remain in the country temporarily and acquire work visas. As of this writing, a federal injunction has blocked the Trump Administration from rescinding the work permits of these undocumented immigrants. But that's not a permanent solution.

A bipartisan group of Senators has come to an agreement on an immigration deal, but Donald Trump has not offered his support of the bill. The bill reportedly includes a path for DACA recipients to become citizens and changes to the State Department's diversity visa lottery program and family-based immigration policies while also providing a border security funding package.

Whatever the bipartisan deal looks like now, it’s going change drastically as negotiations take place to please the President become passable in the Senate and the House of Representatives. So what can we expect from the immigration negotiations?

A Wall Will be Built

Trump was asked if he would support a DACA bill that did not include money for the border wall he has proposed in a news conference, Wednesday at the White House. “No, no, no,” was his answer.

Trump won’t approve immigration legislation if it doesn’t approve funding for a border wall. It was his biggest campaign promise -- and that Mexico would pay for it. Mexico isn’t paying for it, and Senate Democrats won’t likely allow tax dollars to be spent on a border wall. But there’s still Ted Cruz’s bill to make El Chapo (Joaquín El Chapo Guzmán Loera) and profits secured from other drug lords to pay for the wall.

The Department of Homeland Security estimated in February 2017 that Trump’s border wall would cost roughly $21.6 billion. U.S. authorities are seeking the forfeiture of roughly $14 billion in profits from illicit drug trafficking by El Chapo.

Marijuana Policy could Play a Part in Immigration Negotiations

U.S. attorney general Jeff Sessions gave Republicans leverage in negotiations by ending protections for states with legal marijuana, so Republicans could very well demand funding for a border wall in exchange for protections of medical and recreational marijuana providers and users.

That doesn’t mean Trump will be able to fund his border wall exclusively with taxpayer dollars, though. Congressional Democrats are already frustrated by a tax plan that the nonpartisan Congressional Budget Office says will add $1.4 trillion to the federal deficit over the next decade. Even if Trump’s tax plan will raise America’s gross-domestic product by .5 percent annually, it still increases the federal deficit by $1.252 trillion. And now Congressional Republicans have their sights set on cutting Medicare, Medicaid and Social Security benefits.

Deportations Will Increase

Congressional Democrats will have to find some solace in fulfilling the dreams of Dreamers currently residing in America under DACA, because immigrants residing in the country under the State Department's diversity visa lottery program and family-based immigration policies will be deported en masse.

The ICE raids of 7-Elevens throughout the country are just the beginning. Refugees residing in America with Temporary Protected Status will likely have their statuses terminated and be forced to return to their home countries, which aren’t likely ready to receive them. Most of these refugees escaped natural disasters or war. It was announced Monday that nearly 200,000 TPS migrants from El Salvador must leave the country, and there are another 125,000 TPS migrants residing in American who could be next.

To give you a sense of who these TPS migrants are, 81 to 88 percent of them are employed, which is a considerably higher rate than the 63 percent of American-born citizens who are employed. They do work many Americans wouldn’t do if the jobs were available to them -- 51,700 work construction, 32,400 in food service, 15,800 are landscapers, 10,000 more take care of your kids in daycares and 9,200 work in grocery stores. Almost a third of all TPS migrants are paying mortgages, too.

The Economy won’t Benefit from Deportations

Trump will chalk these deportations up as jobs created for Americans, but it won’t necessarily result in a strengthened U.S. economy. The Center for American Progress estimates "a policy of mass deportation would immediately reduce the nation's GDP by 1.4 percent, and ultimately by 2.6 percent, and reduce cumulative GDP over 10 years by $4.7 trillion."

Agriculture and construction industries are expected to be the industries hardest hit by mass deportations, so housing shortages will worsen as will agriculture exports due to a lack of a sufficient labor force. Americans aren’t suddenly going to flock to farms and ranches in search of jobs vacated by immigrants.

It’s also estimated that illegal immigrants and their employers pay between $7 and $12 billion into Social Security, which would further devastate the program if Congressional Republicans indeed cut funding for it.

So what we can expect from the immigration reform negotiations is: 1) some sort of border wall being built on the U.S.-Mexico border, 2) possible marijuana protections for states with legal and medical marijuana legislation in effect, 3) more deportations, and 4) a worse U.S. economy.


 

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At some point Congressional Democrats have to start wondering if things could have turned out any better for them had they won the 2016 Presidential Election. I’ve already said once that it couldn’t be worse for Republicans, and except for the hundreds of judges Donald Trump is appointing all over the country, things are really going Democrats’ way. Congressional Democrats will reap the benefits of Trump’s record low approval rating and compulsive terrorizing of his own party members come the 2018 midterm elections.

When Trump said he would “drain the swamp,” I didn’t think he was talking about members of his own party. If that was his goal, it’s the only thing he’s done really well. Senate Majority Leader Mitch McConnell’s approval rating in Kentucky is 18 percent. He won’t be back, but a Democrat won’t take his seat either. That’s okay as long as Democrats preserve their seats most likely to switch parties (there are eight) and pick up at least three seats. The seats most likely to be within reach are in Nevada, Arizona or Texas.

The Democrats are going to gain seats in the House. Congressional minorities pick up seats when their opposition occupies the White House. 270ToWin has 14 seats as tossups, and every tossup Democrats win after the first will be a House seat gained.

While Democrats winning the 24 seats to take a House majority is a longshot, FiveThirtyEight says House Democrats have a “historically strong position.” Despite Republicans holding the incumbency advantage by holding more House seats, FiveThirtyEight pits Democrats’ chance at taking back the House majority at 50/50.

The prediction is based on the House generic ballot, where voters are asked for which party they’d vote in a House election. Democrats lead that generic ballot by seven percentage points. In 2008, when they led the generic ballot by nine points, Democrats picked up 23 House seats. When they led by 11.5 points in 2006, Democrats picked up 30 House seats.

So House Democrats have to hope Trump’s approval rating keeps decreasing, which would result in an increased margin on the generic ballot and more Democratic Representatives elected in 2018. And it’s not crazy to think Trump’s approval rating could reach the record low of 22 percent set by Harry Truman before the 2018 midterm elections.

Only George W. Bush managed to raise his net approval rating going into his first midterm election, and it took 9/11 for that to happen. The other eight newly elected Presidents of the Presidential approval rating era lost at least 17 points before their first midterm elections. So barring a terrorist attack unifying the country behind a war, Trump’s approval rating will likely continue it’s downward trend.

Trump has been shedding .038 percentage points per day since starting his Presidency with a record low 45 percent approval rating. As of this writing, there are 437 days until the 2018 midterm elections. At Trump’s current rate, his approval rating would be at least 16 points lower than his current 37 percent approval rating, setting a new record low at 21 percent.

Even with his current approval rating, Trump would hold the record low for a net approval rating of nearly -20 percent (37.1 approval rating minus 56.9 disapproval rating). The three Presidents who went into their first midterm elections with disapproval ratings at least as high as their approval ratings ended up losing the most House seats, but none of them even touch the travesty that is Trump’s net approval rating.

Barack Obama’s House Democrats lost 63 seats when his net approval rating was just -2 percent. Bill Clinton’s House Democrats lost 54 seats when Bill Clinton’s net approval rating was zero. Ronald Reagan’s House Republicans lost 27 seats when his net approval rating was -4 percent.

So while there isn’t a direct correlation between negative net approval ratings of the President and the number of House seats lost, negative net approval ratings certainly result in House seats lost. And with 60 to 80 Republican-held House seats that could be competitive in 2018, and 209 Democratic challengers for House seats raising at least $5,000 by June 30 this year compared to the 28 Republicans who did so, Democrats are in position to surprise us like Trump did in 2016. The only thing that might stop them, according to history, is a terrorist attack.

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You might be wondering how Republicans could be better off than owning a majority in both houses of Congress and occupying the White House. Well, they could do it longer. If Georgia’s 6th Congressional district, and even more surprisingly, South Carolina's fifth, are any indication, the Republicans are in for rude awakening in 2018 and 2020.

 

While Republican Karen Handel won the election, Democrat Jon Ossoff made us all pay attention to a district that’s been nothing but red since Apocalypse Now and Alien were in theaters.

 

While it’s highly unlikely the Democrats win three of the eight Republican Senate seats up for reelection in 2018 to win a majority, the House is a different story. It doesn’t matter whether Congress repeals and replaces Obamacare. House Republicans are under fire whether they do or don’t. Midterm elections have been historically bad for the party occupying the White House, as was epically the case for Barack Obama in 2014. The average loss of House seats by the party with a newly elected President is 23. There are already 23 House seats held by Republicans in districts Hillary Clinton won, while just 12 that have Democratic representatives and voted Trump.

 

FiveThirtyEight’s Harry Enten compared a President’s approval rating to the results in the midterm elections, and despite a large margin for error, (+/- 33 Congressional seats) there was a correlation. And Trump’s residency of the White House has only just begun. After 149 days, Trump’s approval rating, as measured by Gallup, has dropped to 38 percent, and Trump started with the lowest approval rating for any first-term President ever rated (45 percent). Trump has that record by six points. Barack Obama and George W. Bush had approval ratings of 61 and 55 percent, respectively, over roughly the same number of days. At the time of their first midterms, they were at 45 percent and 63 percent, respectively.

 

Bush’s 63 percent approval rating is the reason why he’s one of the exceptions to the rule that the party residing in the White House loses Congressional seats in the midterms. It’s the highest approval rating ever during a midterm election. An unpopular war brought Bush and Republican Congressional candidates back down to Earth the second time around.

 

The only President who’s experienced a similar decline to Trump over a similar period is Gerald Ford. Over 157 days in office, Ford saw his approval rating fall from a very respectable 71 percent to 37 percent, He pardoned Nixon and still only had nearly the same approval rating as Trump does now! So what I’m saying is there’s plenty of time for Trump to hit rock bottom.

 

Going back to that FiveThirtyEight analysis, if Trump’s approval rating were to fall to say 31 percent, “Democrats would be projected to gain 53 seats” (again, +/- 33 margin of error). I’m not betting on Trump’s approval rating to be that high. He’s already got the record for the lowest approval rating to start a Presidency by six points. I’m betting he has the lowest approval rating of a first-term President going into a midterm election by the same margin.

 

That record also belongs to George W. Bush. He entered the 2008 midterms with an approval rating of 31 percent. The Republicans lost 36 Congressional seats in that election. Now consider if Trump were six points worse than that. He’d be hovering around 25 percent, and House Democrats would stand to gain considerably.

 

The job Trump is doing (or not doing considering all the rounds of golf he’s getting in) is already rubbing off on incumbent Congressional candidates, and the stink is legendary. Georgia’s 6th Congressional district has been a Republican stalwart since 1979. The fact that race was even close shouldn’t be taken lightly. We’ve never had a President this disapproved of at the start of a Presidency, and we’ve never seen a White House like this, so I expect the worst.

 

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Only in America could a man assault a journalist and end up winning an election. Guardian reporter Ben Jacobs was reportedly “grabbed...by the neck with both hands and slammed...into the ground,” by newly elected Representative Greg Gianforte in Bozeman a day before Montana’s special election for the lone, at-large House seat. Gianforte started punching Jacobs while on the ground, according to a Fox News crew that witnessed the attack and cooperated with authorities.

Gallatin County Sheriff Brian Gootkin donated $250 to Gianforte's campaign and announced he was charging Montana’s newest representative with misdemeanor assault. Gianforte must appear in court by June 7. If convicted, he faces a maximum jail sentence of six months and a fine of up to $500.

Gallatin County Attorney Marty Lambert said he would have to review the case before commenting on whether the misdemeanor assault charge was appropriate, but he can alter the charge if he feels it’s necessary.

“I understand this young man went to the hospital...I only know about the case from watching the media and reading the newspaper,” he informed.

Lambert is in his 34th year as the Gallatin County Attorney and said he has “no reason to take issue with” Gootkin’s decision.

“The sheriff and the deputies that work for him have a lot of integrity...to my knowledge the investigation was thorough,” Lambert said.

Of the roughly 377,500 votes cast in the Montana special election for the at-large House seat, nearly 70 percent were submitted prior to the alleged assault occurring. So Montanans now realize how early voting can be bad. There is no recourse for the Montana Democratic Party, either, which comes through loud and clear in the statement they released, Friday. You cannot recall a federal official thanks to the U.S. Constitution, and a Constitutional Amendment would be highly unlikely. Montanans who want to take back their vote for Gianforte must wait until 2020 to do so.

The incident in Montana is certainly indicative of the state of American politics and the American people. Americans seem to be embracing the arrogance that is perceived by citizens at home and abroad.

The biggest problem I have with this Montana special election fiasco isn’t that I’m a journalist and fear this will happen to me or more of my fellow journalists. It will. It’s not that Gianforte won the election. I expected that. Had he lost having received more than five times in outside contributions ($5.6 million) than his opponent, Rob Quist, it would have been national news even if the alleged assault had not occurred. It’s not that there’s no recourse for the Democratic Party or those who would have changed their early vote given the incident. But had anyone of us done what Gianforte did in a professional setting we’d be fired on the spot, and Congressmen and women don’t get fired. Whether it’s assault or murder, an elected, federal official will remain an official until the end of his or her term, barring a resignation.

Gianforte was on the clock, so to speak, when prepping for a Fox News interview on Wednesday. Ben Jacobs was simply doing his job and asked a simple question with no audible malice in his voice. Ben Jacobs acted professionally, and Gianforte responded like a bully. The saddest thing that has come from this is the number of people openly supporting the bully and demonizing the bullied. It’s not a good look for Montana or America.

The questions won’t get easier for Gianforte, so he’ll have to do something about that temper, or the D.C. press will chew him up and spit him out. I don’t foresee a long political career in Gianforte’s future, though, and when he’s up for reelection three years from now, I hope Montanans and the media don’t forget his unprofessionalism and irresponsibility. I don’t think I’ve been more ashamed to call Montana home or more happy to live and work in Minnesota.

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It’s no secret that Americans pay more for healthcare than anyone in the world, and it’s increasingly less of a secret that a better system would result in fewer infant deaths, fewer preventable deaths, fewer uninsured people, and less expense for Americans. What does that system look like, though? Well, it’s not privatized health insurance.

The problem with privatized health insurance is that it allows or forces people to go uninsured due to cost, which is why President Barack Obama’s Affordable Care Act is so important. It lowered the number of uninsured to an all-time low of 8.6 percent by forcing affordable coverage options upon them (if you live in a state that expanded Medicaid) or forcing them to pay a fine so the insured wouldn’t have to flip so much of the uninsured’s bill. And while healthcare costs are still increasing (they always will), they are increasing at a slower rate than they were prior to the ACA.

The biggest reason socialized healthcare is difficult for Republicans to stomach is because they don’t trust the federal government to handle healthcare. You hear them say that over and over, and that the states can do it better. I don’t disagree, but if India can provide free healthcare to roughly 276 million Indians living under the poverty line, the American government can certainly do it for 43.1 million impoverished Americans. States should not be allowed to opt out of this coverage. It should be mandatory because those with private insurance would be paying for fewer uninsured visits to the hospital, meaning hospitals wouldn’t have to increase costs for everyone because of the $900 each uninsured visitor costs them annually.

But socialized healthcare is not going to be passed by this Congress or any other unless the Democrats manage a supermajority at some point, and even then it’s no certainty given the bad, yet unwarranted, reputation the word “socialism” has in this country. (Hint: it’s not fascism.)

The House Republicans’ American Health Care Act won’t be passed by this Congress, either. At least not how it currently stands. But minimum wage legislation should appeal to constituents and politicians of both parties.

The biggest problem for Americans isn’t increasing health insurance premiums. The biggest problem is stagnant wages, which is why passing minimum wage legislation is so important. Back in February, the U.S. inflation rate was at its highest since 2012. An item that cost $20 back in 1997 would cost $30.38 today. That’s a cumulative rate of inflation of almost 52 percent in 20 years. Middle- and low-wage workers’ incomes grew just over five percent during the same period. When the value of the U.S. dollar decreases 10 times faster than incomes increase, people struggle to pay for everything. My father and an entire district of a machinists’ union didn’t get a raise for the eight years Ronald Reagan was President. Imagine working for the same wage for nearly a decade while the cumulative rate of inflation increased 36.4 percent over that time. By the end of the eight years your 1981 U.S. dollar was worth just 63.6 cents in 1989. The lack of union membership in America has a lot to do with the increased income for the top 10 percent of earners, too.

While the globalization of the economy makes executives more valuable, a lack of union membership and lack of collective bargaining allows executive salaries to inflate. And while the affordability of commonly used items like refrigerators, ovens, etc. has increased according to the CATO Institute, that doesn’t necessarily offset the ever-increasing cost of energy. Between 2005 and 2015, residential energy costs increased 34 percent despite prices of natural gas delivered to electric utilities declining nearly 60 percent and coal prices remaining essentially flat, according to the Institute for Energy Research. And we all know that gasoline is more expensive. Today’s average price for gasoline is 54 percent more than the inflation-adjusted price of 1998, when oil prices reached an all-time low of $18.13 per barrel.

Secondary education continues to be an increasing expense, which increased on average at a rate of nine percent at four-year colleges, 11 percent at two-year colleges and 13 percent at private colleges since 2011-12, according to CollegeBoard. “But you don’t need a college education,” you might say. Sure, you might not need it, but the value of of a secondary education was double that of an equal investment in the stock market back in 2011, according to the Brookings Institute, and USA Today reported that a New York Fed study determined the net present value of a college degree to be at an all-time high of $300,000 back in 2014.

Education isn’t the only thing that’s steadily increased in cost, either. The median cost of rent has increased 64 percent since 1960 and 12 percent from 2000 to 2010 despite median wages falling seven percent during that time, according to ApartmentList. The Consumer Price Index for food is also 2.4 percent higher than it was just a year ago, according to the United States Department of Agriculture.

While Republican politicians have no interest in socialized healthcare legislation or minimum wage legislation, they should if their goals entail more American jobs and a flourishing American economy. Socialized healthcare legislation, like Rep. John Conyer’s Expanded and Improved Medicare for All Act, and minimum wage legislation, like Rep. Al Green’s Original Living Wage Act, would allow Republicans to create more jobs and allow Americans to further stimulate the economy with expendable income.

No Conservative who is struggling to pay for necessities can successfully argue that they don’t deserve a raise, and no Republican politician can successfully argue that his or her struggling constituents don’t deserve a raise and keep his or her job. This is something Congress can pass and something Donald Trump should be proud to sign. It would be quite the blow to his predecessor if Trump managed to increase wages for all American workers making minimum wage. It would certainly make the numbers look better if Trump and the Republicans are successful in passing their healthcare bill, as more Americans would be able to afford health insurance.

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While Article I, Section 8 of the US Constitution grants only Congress the right to declare war, the United States has won and lost (or fought to a draw if it makes you feel better) many wars since Congress last declared war on Dec. 8, 1941. The Korean War, the Vietnam War, the Gulf War, the Iraq War, the war in Afghanistan, Libya, and now Syrian attacks have all taken place without Congress declaring war.

 

The War Powers Resolution of 1973 was a response to Lyndon Johnson and Richard Nixon’s advancement of the Vietnam War and was supposed to reinforce Article I, Section 8 of the US Constitution over Article II, Section 2, which makes the president commander-in-chief of the armed forces. It clearly hasn’t, as President Donald Trump proved the night of April 6 when he launched 59 Tomahawk cruise missiles on a Syrian air base after it was determined the Syrian government attacked a rebel ammunition cache holding chemical weapons that killed over 100 people -- none of which were American civilians or soldiers.

 

When Pearl Harbor was bombed on the morning of Dec. 7, 1941, war was declared by Congress the very next day. When the Twin Towers came down on 9/11, the war effectively began the very next day, but without a declaration of war from Congress. Those were attacks on US soil, though. This, however, was not in response to an attack on America, which has members of both major political parties throwing a fit, which is uncharacteristic. Most often the party not inhabiting the White House makes a fuss about the president’s overreach. Both Elizabeth Warren and Rand Paul think Trump’s military action in Syria violates the Constitution.

 

The War Powers Resolution only requires the commander-in-chief to notify Congress within 48 hours of committing a military attack, and Trump did indeed notify more than two dozen members of Congress of his plan to attack Syria the night of April 6. He did not seek their authorization to do so because it wasn’t required of him thanks to the leeway offered by previous presidents Bill Clinton, George W. Bush and Barack Obama, all of whom launched attacks without Congress. Hell, George Bush, Sr. won the Gulf War in less than 100 hours. How can Congress expect to take back its Constitutional right to declare war if they allow presidents to bomb for 90 days when it took less than five days to win a war in 1991?

 

The most interesting thing about the War Powers Resolution is that it’s likely unconstitutional, which would make it pretty difficult to replace it. John McCain and Tim Kaine attempted to do so in 2014. They proposed the president should consult Congress before launching a military operation that is expected to last more than a week. It never happened, and it wouldn’t have any teeth today anyways. Bush, Bush, Jr. and Obama have knocked them all out. Drones helped a bit, too.

 

The War Powers Resolution is useless when one person can blow up the entire world in a matter of minutes without deploying a single soldier. War has become a lot like a catch in the NFL. We don’t really know how to define it, but we know it when we see it. And Americans have gotten used to waging war without declaring war. The United States is in a perpetual war against terrorism, and Americans keep waking up everyday, going to work and mostly ignoring what’s happening on the other side of the world. It’s no different than if war isn’t being waged. Americans everyday can safely assume their country is bombing somebody, and ignorantly assume those people had it coming.

 

I’m a big believer in the order of things. That is, the order in which information is presented matters, and that’s how I perceive the US Constitution. Article I holds more weight than Article II, and Amendment I of the Bill of Rights is listed before the Second Amendment for a reason. I mean, the whole reason white folks even stumbled upon this country was in search of religious freedom. And I’m not even religious, but I value the right to a free press and free speech over the right to own a gun. In this case, I think Congress’s right to declare war holds more weight than a president’s right to command the armed forces, and I think the Constitution was written in that order for that reason. While a president can’t declare war, he can control military operations once war is declared. I'm sure the drafters of the Constitution didn't think war would be waged prior to a declaration of war, or that bombs would be built that can blow up countries.

 

I also understand the importance of the president being able to command the armed forces in order to avoid an attack on Americans, and in a nuclear age when one bomb can wipe out an entire country, stopping those attacks is more important than retaliating. That is not the case here. Bush, Jr. didn’t have a very good reason to bomb Iraq, but he really didn’t need one. Neither does Trump with regard to Syria. Allowing Congress to decide whether to declare war might have saved the United States from entering either conflict.

 

I like the idea of checks and balances, but what Congress really wants is to reign in the powers of the president they’ve already given away. And if Congress really wanted that, they should have passed unconstitutional legislation that had some teeth the first time around, because it won’t happen again. That’s why I think the War Powers Resolution should be repealed and Constitutional order given precedence.

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