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1. ObamaCare v. the Constitution

Author:
Paul J. Beard II
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
Matt Sissel is a young entrepreneur who is pursuing the American dream. After returning from military service in Iraq and paying his way through art school, he opened a studio in Iowa City, where he sells his fine art and offers art lessons. Until recently, Matt's entire focus had been on furthering his education and art business. So he made the considered judgment to forgo some luxuries-such as health insurance. In his twenties, Matt is healthy and has no preexisting medical conditions. He is self-insured-paying out of pocket any medical expenses that might arise-and wants to continue to self-insure because he believes the cost of health insurance premiums is excessive and that his money is better devoted to his business. But the federal government couldn't care less about Matt's priorities and choices. Beginning in 2014, it will force Matt, along with almost every other American, to buy a comprehensive, government-approved health-insurance plan from a private insurance company, on pain of stiff civil penalties. This "Individual Mandate" is at the heart of the Patient Protection and Affordable Care Act-also known as "ObamaCare"-which Congress enacted and the president signed into law in 2010. As a consequence of the Individual Mandate, Matt must act now to make financial plans: either purchase health insurance or pay a hefty annual penalty. Given the financial burden it will impose, he can no longer afford to hone his craft by furthering his education in art. Matt must focus exclusively on the creation and sale of his artwork in order to brace himself for the impending obligations the Individual Mandate imposes. Outraged that he is being forced to divert his hard-earned resources away from his education and career in order to buy a service he neither needs nor wants, Matt has decided to sue the federal government, asking the federal district court in Washington, D.C., to enjoin enforcement of the Individual Mandate on the grounds that it violates the United States Constitution. Other legal challenges to the Individual Mandate are pending in courts across the country, such as the well-known lawsuits brought by various state governments and officials whose purpose is to protect their sovereignty against federal encroachment. But few challenges take up the cause as championed by Matt, who is driven by the explicit desire to have the government recognize his right to life, liberty, and the pursuit of happiness, exercised in accordance with his own values and goals.1 Let us consider the prospects for Matt's constitutional challenge to the Individual Mandate. ObamaCare's Individual Mandate In brief, here is how the Individual Mandate will work: Beginning in 2014, with few exceptions, all individuals with legal residence in the United States will be forced to purchase a health-insurance plan with "minimum essential coverage," as defined by the government. Exempt individuals include Native Americans, religious objectors, Americans living abroad, and the poor (whose health care will be subsidized). And what the law defines as "minimum essential coverage" is far more than is necessary for young and healthy individuals such as Matt. Thus, a catastrophic health-insurance plan covering only expenses related to medical emergencies-which would make sense for many Americans-would not satisfy the mandate's requirements. Moreover, individuals subject to the Individual Mandate cannot satisfy the "minimum essential coverage" requirement by self-insuring: Under the act, they are prohibited from paying for their medical expenses out of pocket.2 Thus, if Matt fails to buy "minimum essential coverage" by January 1, 2014, the government will assess a financial penalty against him for every month he remains without such coverage. The penalty for failing to purchase approved health insurance is the greater of 2.5 percent of the taxpayer's annual income, or $695 for each uninsured family member per year, up to a maximum of $2,085 per family per year-not an insignificant sum.3 Does the federal government-specifically, Congress-really have the legal power to force Matt and other Americans to buy a product or service, such as health insurance, from a private company? . . .
Topic:
Education
Political Geography:
Iraq and America

2. Interview with Historian John David Lewis about U.S. Foreign Policy and the Middle East

Author:
Craig Biddle
Publication Date:
06-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
I recently spoke with Dr. John David Lewis about American foreign policy, the uprisings in the Muslim world, the killing of Osama bin Laden, and the light that history can shed on such matters. Dr. Lewis is visiting associate professor in the philosophy, politics, and economics program at Duke University and he's the author, most recently, of Nothing Less Than Victory: Decisive Wars and the Lessons of History. —Craig Biddle Craig Biddle: Thank you for joining me, John. John David Lewis: I'm glad to be here. Thank you for having me. CB: Before we dive into some questions about U.S. foreign policy and the situation in the Middle East, would you say a few words about your work at Duke? What courses do you teach and how do they relate to foreign policy and the history of war? JL: The courses I teach all bring the thought of the ancients into the modern day and always dive to the moral level. For example, I teach freshman seminars on ancient political thought. I also teach a course on the justice of market exchange in which I draw upon the thought of Plato, Aristotle, Cicero, etcetera, and approach the question from a moral perspective. In regard to foreign policy and the history of war, I just finished a graduate course at Duke University on Thucydides and the Realist tradition in international relations. International relations studies have been dominated by a school of thought called Realism. This course explores the ideas of Thucydides and how they've translated through history into modern international relations studies and ultimately into the formulation of foreign policy in the modern day. I also teach courses at the University of North Carolina on the moral foundations of capitalism, which use Ayn Rand's Atlas Shrugged as its core text. I've been involved in speaking to Duke University medical students on health care where, again, I approach the issue from a moral perspective, namely, from the principle of individual rights. CB: That's quite an array of courses, and I know you speak at various conferences and events across the country as well, not to mention your book projects. Your productivity is inspiring. Let's turn your historical lights to some recent events. On the second of May, U.S. SEALs killed Osama bin Laden in Pakistan. This is certainly worthy of celebration, but it's also almost ten years after he and his Islamist cohorts murdered nearly three thousand Americans on American soil. In the meantime, America has gone to war in Afghanistan and Iraq, where more than five thousand additional American soldiers have been killed, and now we're at war in Libya as well. In all of this, neither the Bush administration nor the Obama administration has so much as touched the regimes that everyone knows are the main sponsors of terrorism, those in Iran and Saudi Arabia. What's more, neither administration has identified the enemy as Islamists and the states that sponsor them. Bush called the enemy “terror” and “evildoers,” and Obama, uncomfortable with such “clarity,” speaks instead of “man-caused disasters” and calls for “overseas contingency operations.” Are there historical precedents for such massive evasions, and whether there are or aren't, what has led America to this level of lunacy? JL: That's a very interesting question, with many levels of answers. . . .
Topic:
Foreign Policy and War
Political Geography:
Pakistan, Afghanistan, Iraq, America, and Middle East

3. Terrorist Hunter: The Extraordinary Story of a Woman Who Went Undercover to Infiltrate the Radical Islamic Groups Operating in America

Author:
Daniel Wahl
Publication Date:
03-2011
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
In 2003, HarperCollins published Terrorist Hunter: The Extraordinary Story of a Woman Who Went Undercover to Infiltrate the Radical Islamic Groups Operating in America. The book is as relevant today, if not more. At the beginning of Terrorist Hunter the anonymous author, since outed as Rita Katz, has infiltrated a conference for radical Muslims. She asks herself why she is in a place where she (and her unborn baby) will probably die if anyone finds her recording equipment. Recalling her past, she goes on to answer that question. Katz was born into a wealthy family of Jews living in the then-prosperous Iraqi city of al-Basrah. Her happy childhood changed dramatically after Israel soundly defeated the Arab nations that attacked it in the Six-Day War of 1967. Unable to match Israel\'s military power, many Arabs began to take revenge on the Jews within their own borders. After the Ba\'ath Party of Saddam Hussein and his cousin Ahmad Hassan al-Bakr seized power the year following the war, they came for Katz\'s father, falsely accused him of being a traitor and a spy for Israel, and began torturing him to extract a confession. Meanwhile, Katz\'s family was moved into a small, guard-surrounded stone hut from which her mother would leave each day to beg for her father\'s release—and to which she would return with fresh bruises bestowed by her husband\'s captors. Sadly, her valiant effort was in vain. Katz\'s father was well known, and his trial was scheduled to be shown on television. The Iraqi tyrants were determined to quench their Arab citizens\' thirst for vengeance by reaching a guilty verdict. Because no amount of torture had hitherto pushed Katz\'s father to confess to the crimes he had not committed, Ba\'ath party agents invited his pregnant wife into a room he knew well—one in which, just the day before, another prisoner\'s wife was beaten and gang-raped by many guards. The agents told Katz\'s father that, if he refused to confess, they would immediately walk into that room, cut open her belly, and bring his unborn child to him on a tray. Later that evening he walked to the stand and “in a clear, unwavering voice, confessed his crimes as an Israeli spy and a traitor to the Iraqi nation” (p. 25). He was hanged soon thereafter in Baghdad\'s central square—to the cheers of a half million Iraqis. Katz goes on to tell the story of her family\'s daring escape from Iraq, which required her mother to drug the guards with Valium bought surreptitiously and then pretend to be the wife of a general in order to get a car ride to a town where they could be smuggled to safety. The remainder of their trek to safety involved hiding in the secret compartment of a chicken truck and walking across mountains with duct tape on their mouths to ensure that nobody made a sound. All this is told with the drama of a good novel. In fact, when Katz and her family are on the plane to Israel, and her little brother musters the courage to ask if it is finally OK to tell people they are Jews, you are likely to cry—just as everyone on that plane did. . . .
Topic:
Islam
Political Geography:
Iraq, America, and Arabia

4. Winning the Unwinnable War: America's Self-Crippled Response to Islamic Totalitarianism

Author:
Grant W. Jones
Publication Date:
04-2010
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
In Winning the Unwinnable War, editor Elan Journo and fellow contributors Yaron Brook and Alex Epstein consider the ideas and events that led to 9/11 and analyze America's response. Arguing that our nation has been made progressively less secure by policies based on "subordinating military victory to perverse, allegedly moral constraints" (p. ix), they offer an alternative: grounding American foreign policy on "the moral ideal of rational self-interest" (p. 188). This they accomplish in the space of seven chapters, divided into three sections: "Part One. The Enemy," "Part Two. America's Self-Crippled Response to 9/11," and "Part Three. From Here, Where Do We Go?" In Part One, in a chapter titled "What Motivates the Jihad on America," Journo considers the nature of the enemy that attacked America on 9/11. With refreshing honesty, Journo dispenses with the whitewashing that often accompanies discussions of Islam and Jihad, pointing out that the meaning of "Islam" is "submission to Allah" and that its nature "demands the sacrifice of not only the mind, but also of self" (p. 33). Says Journo, the Jihadists seek to impose Allah's will-Islamic Law-just as Islamic teaching would have it: by means of the sword. "Islamic totalitarians consciously try to model themselves on the religion's founder and the figure who is held to exemplify its virtues, Muhammad. He waged wars to impose, and expand, the dominion of Islam" (p. 35). In "The Road to 9/11," Journo summarizes thirty years of unanswered Jihadist aggression, beginning with the Iranian takeover of the American embassy in Tehran in 1979. Throughout, Journo criticizes the idea that influenced the actions of America's leaders during this time-"realism"-which he describes as eschewing "[m]oral ideals and other broad principles" in favor of achieving narrow, short-range goals by sheer expediency (p. 20). Because of the nature of their own ideas, says Journo, realists are incapable of understanding the Jihadists and thus incapable of understanding how to act with respect to them. "The operating assumption for realist policymakers is that (like them) no one would put an abstract, far off ideal ahead of collecting some concrete, immediate advantage (money, honor, influence). So for realists, an enemy that is dedicated to a long-term goal-and thus cannot be bought off with bribes-is an enemy that must remain incomprehensible" (p. 21). Journo indicates how realism was applied to the Islamist threat in the years leading up to 9/11: Facing the Islamist onslaught, our policymakers aimed, at most, to manage crises with range-of-the-moment remedies-heedless of the genesis of a given crisis and the future consequences of today's solution. Running through the varying policy responses of Jimmy Carter, Ronald Reagan, George H.W. Bush, and Bill Clinton there is an unvarying motif. . . . Our leaders failed to recognize that war had been launched against us and that the enemy is Islamic totalitarianism. This cognitive failure rendered Washington impotent to defeat the enemy. Owing to myopic policy responses, our leaders managed only to appease and encourage the enemy's aggression (p. 6). After 9/11, President George W. Bush shied away from the realist policy of passively reacting to the ever-escalating Islamist threat-and instead adopted the foreign policy favored by neoconservatives. "In place of 'realism,' neoconservatives advocated a policy often called 'interventionism,' one component of which calls for America to work assertively to overthrow threatening regimes and to replace them with peaceful 'democracies'" (p. 118). Two chapters of Winning the Unwinnable War are devoted to dissecting this policy, "The 'Forward Strategy' of Failure" by Brook and Journo (first published in TOS, Spring 2007) and "Neoconservative Foreign Policy: An Autopsy" by Brook and Epstein (first published in TOS, Summer 2007). In the first of these chapters, Brook and Journo consider Bush's interventionist plan, the "forward strategy of freedom." On the premise that democracies do not wage wars of aggression, Bush launched two campaigns of democratic state building in the Middle East-in Afghanistan and Iraq. In 2003, Bush exclaimed, "Iraqi democracy will succeed-and that success will send forth the news, from Damascus to Tehran-that freedom can be the future of every nation" (p. 54). But neither Iraqi freedom nor American security was achieved by Bush's "forward strategy" of enabling Iraqis and Afghanis to vote. Because of democratic elections, Iraq "is [now] dominated by a Shiite alliance led by the Islamic Dawa Party and the Supreme Council for Islamic Revolution in Iraq (SCIRI)" (p. 54), and a "further effect of the elections in the region has been the invigoration of Islamists in Afghanistan" (p. 57). . . .
Topic:
War
Political Geography:
Afghanistan, Africa, Iraq, and America

5. Mugged by Reality: The Liberation of Iraq and the Failure of Good Intentions

Author:
Elan Journo
Publication Date:
09-2008
Content Type:
Journal Article
Journal:
The Objective Standard
Institution:
The Objective Standard
Abstract:
The measure of success in the Iraq war has undergone a curious progression. Early on, the Bush administration held up the vision of a peaceful, prosperous, pro-Western Iraq as its benchmark. But the torture chambers of Saddam Hussein were replaced by the horrors of a sadistic sectarian war and a fierce insurgency that consumed thousands of American lives. And the post-invasion Iraqi regime, it turns out, is led by Islamist parties allied with religious militias and intimately tied to the belligerent Iranian regime. The benchmark, if we can call it that, then shrank to the somewhat lesser vision of an Iraqi government that can stand up on its own, so that America can stand down. But that did not materialize, either. So we heard that if only the fractious Sunni and Shiite factions in the Iraqi government could have breathing space to reconcile their differences, and if only we could do more to blunt the force of the insurgency, that would be progress. To that end, in early 2007, the administration ordered a "surge" of tens of thousands more American forces to rein in the chaos in Iraq. Today, we hear John McCain and legions of conservatives braying that we are, in fact, winning (some go so far as to say we have already won). Why? Because the "surge" has reduced the number of attacks on U.S. troops to the levels seen a few years ago (when the insurgency was raging wildly) and the number of Iraqis slaughtering their fellow countrymen has taken a momentary dip. Victory, apparently, requires only clearing out insurgents (for a while) from their perches in some neighborhoods, even though Teheran's influence in the country grows and Islamists carve out Taliban-like fiefdoms in Iraq. The goals in Iraq "have visibly been getting smaller," observes John Agresto, a once keen but now disillusioned supporter of the campaign (p. 172). Iraq, he argues contra his fellow conservatives, has been a fiasco. "If we call it 'success,' it's only because we've lowered the benchmark to near zero" (p. 191). . . .
Topic:
War
Political Geography:
Iraq and America

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