The web page about Gun Control and Gun Rights Issues has been updated to include links to the upcoming Supreme Court case regarding what exactly the Second Amendment to the U.S. Constitution really means.
Go to: http://www.historyguy.com/issues_guns.html and also see http://www.historyguy.com/supremecourt/
From http://www.historyguy.com/politics/2010_political_news.htm
The Presidential Straw Poll taken at the Conservative Political Action Committee (CPAC) conference in February, 2010, ended up with a somewhat surprising winner: Texas Republican Congressman Ron Paul, who in many respects is the philosophical godfather of the Tea Party Movement. In a sense, his win should not be a total surprise given the very high anti-tax, and anti-Big Government feeling in Conservative circles these days. The Social Conservaties like Rick Santorum and Mike Huckabee are now in the backseat. Economic conservatism has often been the bedrock philosophy that the conservative movement goes back to when faced with a liberal, big-government president and (in this case), an even more liberal and left-leaning Democratic majority in Congress. The full poll results are:
Texas Rep. Ron Paul – 31 %
Former Massachusetts Gov. Mitt Romney — 22 %
Former Alaska Gov. Sarah Palin — 7 %
Minnesota Gov. Tim Pawlenty – 6 %
Former House Speaker Newt Gingrich – 4 %
Former Arkansas Gov. Mike Huckabee — 4 %
Indiana Rep. Mike Pence – 5 %
South Dakota Sen. John Thune — 2 %
Indiana Gov. Mitch Daniels — 2 %
Former Pennsylvania Sen. Rick Santorum — 2 %
Mississippi Gov. Hailey Barbour – 1 %
Other – 5 %
Undecided – 6 %
The blazing assault by Joe Stack on the Austin IRS offices comes at a scary time in American politics. The euphoria felt in some corners of America after the election of Barack Obama has now given way to fear. Fear by many, especially those drawn to the populist Tea Party demonstrations and events, of an all-powerful government seen as out of control. Fear also, by those who see government as a useful tool to correct social injustice and to aid those who need assistance. That fear is in the form that Obama’s promise is being wasted by political theater and partisan divisiveness in Congress and throughout our nation. One needs only look at Senator Evan Bayh’s acid comments on the political gridlock in Washington City, and the upset win by a Republican as Ted Kennedy’s replacement, to see the political tempest we are now in.
Joe Stack saw the government as an enemy out to get him with tax laws designed to enrich the powerful and already-rich (his manifesto cited Enron, General Motors, and the Wall Street scandals) and not designed to help average Americans. These opinions are nothing new. Many activists on both sides of the political spectrum have said similar things for decades, if not centuries, while trying to advance their own agendas. The scary thing about Joe Stack is that he not only openly called for Americans to revolt and use violence to fix these problems; he acted on his own call to violence. And then he went from being just another taxpayer with a grudge against the IRS to a domestic terrorist when he plunged his plane into a downtown Austin office building full of innocent people. Government workers and bureaucrats who are often the butt of anti-government jokes and insults, yes, but still people innocent of anything deserving of death.
While reading Joe Stack’s manifesto, some parts of his diatribe sounded quite similar to commentary made by the Tea Party activists and many economic conservatives critical of the government in general and President Obama in particular. While calls for violence are thankfully few and far between, the fact that many Americans who suffered losses in the Great Recession; lost jobs, lost homes, lost hope, may read Stack’s manifesto and see themselves in his list of travails and critiques of government and Wall Street. While clearly no fan of President George W. Bush, Stack in that regard mirrors many who today are frustrated with the system. Analysts have noted that many ordinary citizens drawn to the Tea Party are not necessarily friends of the Republican Party, despite their opposition to the Obama Administration. The fear mentioned earlier is also felt in the GOP, as party leaders see a new movement arise that they may not be able to control and which may turn on them as part of the partisan problem.
Many incumbent politicians fear the rising anti-incumbent fever gripping the electorate; as well they should. But that fear should be only of losing their jobs, not of losing their lives. America is one of the world’s most successful, rich, and powerful nations not because we can beat anyone on the battlefield or because our citizenry is any smarter than the rest of the world. No, America’s promise, and America’s success, rests in the relative stability ensured by our imperfect, yet functioning Constitution, and by the tradition of political stability Americans have cultivated over the centuries. We are no banana republic with a history of coups, revolutions, and constant civil war. We know that when President Obama’s time in office ends, either through the ballot box or through constitutionally-mandated term limits, he will leave office, just as all of his predecessors have done. When Americans “throw the Bums out,” to use an old-time phrase, we do so with the ballot box, not a box of bullets. Joe Stack (and before him, Timothy McVeigh, Lee Harvey Oswald, John Wilkes Booth, and all of our other domestic terrorists and assassins) got it all wrong. Some misguided fools may see Stack as a populist hero, but in reality, he misused his anger and rage, and took a step (or flight, as the case may be) onto the Dark Side of American history.
http://www.historyguy.com/biofiles/andrew_joseph_stack.htm
http://www.historyguy.com/biofiles/domestic_terrorists_and_assassins.html
Vice-President-Elect Joe Biden gave up his long-time position as Delaware’s senior Senator, and the Governor of Delaware, Ruth Ann Minner (D), picked an old political crony and senior adviser of Biden’s to replace the new Vice-President. Ted Kaufman has worked with Joe Biden for decades in Washington D.C. as Biden’s Chief of Staff, and Kaufman had already declared that he will not run for re-election.
This actually caused a bit of controversy as it was widely assumed that Kaufman was serving as a “place-holder” for Joe Biden’s son, Delaware Attorney General Beau Biden, who was considered very likely to run for the seat in the 2010 Senate election. At the time of the appointment of Kaufman, the younger Biden was preparing to be deployed to Iraq with his National Guard unit, and took himself out of the running as an appointed replacement for his father’s Senate seat.
Joe Biden has a reputation for speaking his mind, and for being fairly honest with his opinions (for a politician), and had this to say on the speculation surrounding his son and his Senate seat:
“It is no secret that I believe my son, Attorney General Beau Biden would make a great United States Senator—just as I believe he has been a great Attorney General. But Beau has made it clear from the moment he entered public life, that any office he sought, he would earn on his own. If he chooses to run for the Senate in the future, he will have to run and win on his own. He wouldn’t have it any other way.”
With Kaufman taking himself out of the 2010 election, the early betting had a Democratic primary contest between Attorney General Beau Biden and Delaware’s outgoing Lieutenant Governor John Carney. Carney lost the 2008 Governor’s primary by 1,700 votes to Governor-Elect Jack Markell. Carney had been considered as a potential Senate candidate for whenever Biden would have moved on or retired, prior to the ascendency of a potential Biden Dynasty.
In October, 2009, Rep. Mike Castle, who is a former two-term Republican Delaware governor, announced his candidacy for Joe Biden’s old Senate Seat.
In late January, 2010, Beau Biden sent shockwaves through Delaware politics, and struck another body blow to the Democratic Party’s attempts to retain control of the Senate in the 2010 Congressional Elections when he announced that he would not run for his father’s old Senate Seat.
From http://www.historyguy.com/politics/filling_biden_senate_seat.htm
Senator Joe Lieberman and Senator John McCain are very close political allies, but Lieberman is still an economic liberal, and, well, McCain is not. Their differences popped up recently as Lieberman criticized a new McCain radio ad blasting President Obama’s economic policies.
From CNN:
“In a new radio ad released Thursday, McCain takes on the record deficit spending by the Obama administration, which has defended it as an effort to pull the country out of the most severe economic crisis since the Great Depression.
“President Obama is leading an extreme, left-wing crusade to bankrupt America,” McCain says in the new ad, I stand in his way every day.”
Asked about McCain’s new ad Sunday on CNN’s State of the Union, Sen. Joe Lieberman said “You know, every now and then, John McCain and I disagree.”
The recent attack by al-Qaida on an American airliner seemingly caught the Obama Adminstration with it’s proverbial pants down in the public relations sense. Images of Obama enjoying his Hawaiian vacation as his cabinet secretaries and political aides responded (tardily, in my view) to logical Republican comments and concerns regarding national security and the global war against al-Qaida.
Will the U.S. respond militarily to this al-Qaida attack? Despite his recent award of the Nobel Peace Prize, President Obama will most likely decide he MUST respond with some sort of overt move on al-Qaida in Yemen. Covert action will not placate the Republicans who have seized the public debate on this issue, and, after sending General Petreaus to visit with the Yemeni president, the world is also expecting some type of overt U.S. action on Yemen.
For more information on Yemen’s recent history and the wars being fought there, see http://www.historyguy.com/yemen_history_wars_politics.htm
Thank a cop for the service they provide to our society. Losing 5 officers to these murderers in less than a month is a heavy price. I am very relieved that the killer of the Lakewood officers got his just reward. He is answering to a higher authority now.
The information that ex-Governor Huckabee gave Maurice Clemmons clemency, along with over a thousand other felons just goes to show that Huckabee lacks basic common sense, (and a lack of respect for law enforcement and veteran prosecutors) and should NEVER hold elective office again!
Kennedy Denied Communion: Is the Catholic Church Sending Message on Health Care Debate and Abortion?
The Catholic Bishop Thomas Tobin has denied Communion to Representative Patrick Kennedy of Rhode Island due to the Liberal Democrat’s stand on health care and on abortion. The Catholic Church is opposed to abortion, and is worried about the status of abortion in the recent health care debate.
With the health care debate heating up on Capital Hill, is this very public rebuke of a scion of the nation’s leading political family a not-to-subtle message to other Catholic lawmakers not to vote for a health care bill that includes government funding for abortions? Patrick Kennedy is a leading advocate for major health care reform, as well as a leading voice in favor of abortion rights.
It should also be noted that the news of this dispute between Bishop Tobin and Patrick Kennedy comes on the Nov. 22 anniversary of the assassination of President John F. Kennedy, who was the uncle of Patrick Kennedy.
Sources and links:
http://www.historyguy.com/biofiles/kennedy_family_dynasty.htm#kennedyfamilydynastypatrickkennedy
President Obama Signs Emergency Declaration for H1N1 Flu
In keeping with the administration’s proactive approach to H1N1 Flu, President Obama last night signed a proclamation declaring 2009-H1N1 Influenza a national emergency. The proclamation enhances the ability of our Nation’s medical treatment facilities to handle a surge in H1N1 patients by allowing, as needed, the waiver of certain standard federal requirements on a case-by-case basis. A copy of the proclamation and the accompanying message to Congress are attached.
The foundation of our national approach to the H1N1 flu has been preparedness at all levels –- personal, business, and government –- and this proclamation helps that effort by advancing our overall response capability.
Please check Flu.gov for the most up-to-date news on H1N1, preparedness, and vaccine distribution.
Sources: http://www.flu.gov/professional/federal/h1n1emergency10242009.html and http://www.historyguy.com/obamapresidency/obama_h1n1_swine_flu_emergency_declaration.htm
October 24, 2009 – President Obama Signs Emergency Declaration for H1N1 Flu
Authority
Section 1135 of the Social Security Act [42 USC §1320b–5] permits the Secretary of Health and Human Services to waive certain regulatory requirements for healthcare facilities in response to emergencies. Two conditions must be met for the Secretary to be able to issue such “1135 waivers”: first, the Secretary must have declared a Public Health Emergency; second, the President must have declared a National Emergency either through a Stafford Act Declaration or National Emergencies act Declaration. If these conditions are met, then healthcare facilities may petition for 1135 waivers in response to particular needs, and only within the geographic and temporal limits of the emergency declarations.
Under Section 1135:
The Secretary may tailor authorities granted under Section 1135 waivers to match the specific situational needs, but the requirements that may be waived include those related to Medicare, Medicaid or the Children’s Health Insurance Program (CHIP), the Emergency Medical Treatment and Active Labor Act (EMTALA), and the Health Insurance Portability and Accountability Act (HIPAA). These requirements provide important protections for patients during normal day-to-day operations, but they may impede the ability of healthcare facilities to fully implement disaster operations plans that enable appropriate care during emergencies. For example, requirements under the Emergency Medical Treatment and Active Labor Act (EMTALA) would prohibit hospitals from certain rapid triage or sorting activities and prevent the establishment of off-site, alternate care facilities that could off-load emergency department demand.
- Waivers are permitted only to the extent they ensure that sufficient health care items and services are available to meet the needs of Medicare, Medicaid, and CHIP beneficiaries in the emergency area during the emergency period. The “emergency area” and the “emergency period” are the geographic area, in which, and the time period, during which, the dual declarations exist.
- Permitted actions include the waiver or modification of conditions of participation, other certification requirements, program participation requirements, pre-approval requirements for health care providers; waiver of sanctions for certain directions or relocations and transfers that otherwise would violate the Emergency Medical Treatment and Labor Act (EMTALA); waiver of sanctions related to Stark self-referral prohibitions; modifications to deadlines and timetables for the performance of required activities; and waiver of sanctions and penalties arising from noncompliance with certain Health Insurance Portability and Accountability Act (HIPAA) privacy regulations.
Examples of use of waivers:
- Hospitals request to set up an alternative screening location for patients away from the hospital’s main campus (requiring waiver of the Emergency Medical Treatment and Labor Act-EMTALA)
- Hospitals request to facilitate transfer of patients between ERs and inpatient wards between hospitals (requiring waiver of both EMTALA and HIPAA regulations)
- Critical Access Hospitals requesting waiver of 42 CFR 485.620, which requires a 25-bed limit and average patient stays less than 96 hours
- Skilled Nursing Facilities requesting a waiver of 42 CFR 483.5, which requires CMS approval prior to increasing the number of certified beds in a distinct part
Past instances where authority to grant Section 1135 waivers was enabled for recent disaster events include
- Hurricane Katrina (2005)
- 56th Presidential Inauguration (2009)
- Hurricanes Ike and Gustav (2008)
- North Dakota flooding (2009)
Q: Why do this now; why can’t we wait until a hospital or region needs these 1135 Waivers?
A: The H1N1 epidemic is moving rapidly. By the time regions or healthcare systems recognize they are becoming overburdened, they need to implement disaster plans quickly. 1135 Waivers still require specific requests be submitted to HHS and processed, and some State laws may need to be addressed as well. Adding a potential delay while waiting for a National Emergency Declaration is not in the best interest of the public, particularly if this step can be done proactively as the President has done today.
Q: Has the authority to grant 1135 waivers been granted before?
A: Yes, there are several instances where 1135 Waiver authority has been granted under the Stafford Disaster Relief and Emergency Assistance Act (vice National Emergencies Act) to help healthcare facilities cope with large patient burdens. Recent examples include Hurricane Katrina (2005), Hurricanes Ike and Gustav (2008), and the North Dakota flooding (2009). In addition, 1135 waiver authority has been granted previously as a precautionary measure, as in the case of the recent 56th Presidential Inauguration (2009).
Q: Specifically, what will this NEA Declaration enable and what will this allow hospitals to do, if a waiver is requested and granted?
A: An NEA Declaration fulfills the second of the two conditions required for the Secretary of HHS to be able to grant 1135 waivers. If requested, and HHS grants an 1135 waiver, healthcare facilities will be able to utilize alternate care sites, modified patient triage protocols, patient transfer procedures, and other actions that occur when they fully implement disaster operations plans.
Q: Is the HIPAA Privacy Rule suspended during a national or public health emergency?
A (from the HHS Office of Civil Rights website): No; however, the Secretary of HHS may waive certain provisions of the Rule under the Project Bioshield Act of 2004 (PL 108-276) and section 1135(b)(7) of the Social Security Act.
What provisions may be waived
If the President declares an emergency or disaster and the Secretary declares a public health emergency, the Secretary may waive sanctions and penalties against a covered hospital that does not comply with certain provisions of the HIPAA Privacy Rule:
- the requirements to obtain a patient’s agreement to speak with family members or friends involved in the patient’s care (45 CFR 164.510(b))
- the requirement to honor a request to opt out of the facility directory (45 CFR 164.510(a))
- the requirement to distribute a notice of privacy practices (45 CFR 164.520)
- the patient’s right to request privacy restrictions (45 CFR 164.522(a))
- the patient’s right to request confidential communications (45 CFR 164.522(b))
When and to what entities does the waiver apply
If the Secretary issues such a waiver, it only applies:
1. In the emergency area and for the emergency period identified in the public health emergency declaration.
2. To hospitals that have instituted a disaster protocol. The waiver would apply to all patients at such hospitals.
3. For up to 72 hours from the time the hospital implements its disaster protocol.
When the Presidential or Secretarial declaration terminates, a hospital must then comply with all the requirements of the Privacy Rule for any patient still under its care, even if 72 hours has not elapsed since implementation of its disaster protocol.
Regardless of the activation of an emergency waiver, the HIPAA Privacy Rule permits disclosures for treatment purposes and certain disclosures to disaster relief organizations. For instance, the Privacy Rule allows covered entities to share patient information with the American Red Cross so it can notify family members of the patient’s location. See 45 CFR 164.510(b)(4).
Learn More: * See http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/emergency/katrinanhipaa.pdf for information on sharing information in emergency situations.
