Jerrod Ankenman ([info]hgfalling) wrote,
@ 2008-02-27 10:58:00
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One for each of them...
http://www.politico.com/blogs/bensmith/0208/A_broad_reading.html

Basically, Hillary Clinton said that insurance companies discriminating on the basis of preexisting medical conditions is "unconstitutional." In the same way, it seems that if lenders discriminate against borrowers based on their ability to pay back their loans, this too would be unconstitutional? Ah, well, it seems they didn't do this "unconstitutional" thing, so now we should dissolve freely entered into contracts.

http://volokh.com/posts/1203389334.shtml

Barack Obama (while in the Illinois State Senate and running for a seat in the US House) proposed a gun control law with the following provisions:

--Proposed to make it a felony to have your gun stolen from your residence and later used to harm another person if that gun was not "securely stored" in your house.
--Restricting gun purchases to one a month.
--Banning the sale of guns at gun shows except for "antiques."
--Banning police departments from reselling used guns, even if the funds from such sales are used to buy guns that are more modern, better, etc.
--Banned gun dealers from operating except from a storefront and banned stores from operating five miles from a park or school.

This last one is awesome. First of all, I can kind of understand the reasoning behind the "selling drugs near schools" thing, but guns? Do people really think that having a gun store three miles away from a park puts the kids at the park in danger? Of course it doesn't. However, if you look at these maps:

http://ryjones.wordpress.com/2008/02/23/obama-exclusion-zone-king-county/
http://ryjones.wordpress.com/2008/02/27/barak-obama-rights-exclusion-zones/

The intention to "circumvent the Second Amendment" seems clear to me.

http://campaignfreedom.org/blog/id.514/blog_detail.asp

John McCain's campaign might be in violation of campaign finance laws; at least the DNC has filed a complaint. Basically, it seems that last year when McCain's campaign was on the rocks, he applied for federal funds to run his campaign. Later he got a $3 million loan from somebody else, which he kinda-sorta-but-not-really secured with the federal money. Additionally, he kinda-sorta used his federal funding qualification to get on the Ohio ballot, which is apparently some big, hard, expensive process. Now he's winning and has plenty of money thanks to the New York Times, and wants to withdraw from the federal system, because remaining in it will limit him to spending $4 million between now and the party convention.

The point here is that in the general election, Obama is going to try and paint McCain as part of the corrupt establishment, despite his words. This kind of stuff just creates the appearance of lawyer-sanctioned-impropriety that even if McCain isn't in violation of the law, you just don't want floating around you.

Also, McCain has been pandering to social conservatives, which makes me mad.


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[info]awesomescampi
2008-02-27 04:56 pm UTC (link)
I wouldn't have minded an Obama presidency before I read these.

http://money.cnn.com/2007/06/04/magazines/fortune/muphy_payact.fortune/index.htm
http://www.pay-equity.org/info-Q&A-Act.html

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[info]michaelsullivan
2008-02-27 10:18 pm UTC (link)
While I agree that the straight pay comparisons often touted are misleading, so is one of the claims leveled by opponents, which is the implicit claim that choice of work has nothing to do with discrimination. It's not clear from any studies I've seen to what extent women's preferences not to go into various high-paying fields in science and engineering are due to pure preference, innate skill, or the misogyny that is commonly encountered from professors and colleagues in those fields.

If women are basically bullied out of studying for various fields that, oddly, just happen to be among the highest-paying, I think that should count as discrimination, even though it would show up as "choice" according to one of the critics of this act.

While I'm sure it is not responsible for all of the difference in those work choices, I'm also sure it's responsible for some, as I've heard too many atrocious stories.

(Reply to this)(Parent)


[info]jpmassar
2008-02-27 05:31 pm UTC (link)
http://www.ontheissues.org/2008/Barack_Obama_Gun_Control.htm

For his recent statements on the issue. His answers in other
forums during the campaign have been pretty much along the
lines of his answer given in the first Q/A.

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[info]jpmassar
2008-02-27 05:47 pm UTC (link)
"'I actually think that it's unconstitutional, what the insurance companies are doing,' she said."

So in all fairness it's not clear what exactly she was referring to.
It's not at all certain she was referring to discrimination on the
basis of pre-existing conditions (although likely).

Also, as the article noted, she may have flubbed the line. She might
have actually meant "unconscionable" not "unconstitutional".

I don't know how it would play constitutionally, but I would argue
that discrimination wrt health insurance on the basis of a person's
genetic code should be illegal, and one might be able to make an
argument along those lines based on the 14th amendment (warning --
not a lawyer, and certain not a constitutional lawyer!)

Articles in the press lately have stated how people have refrained
from getting genetic tests done for fear of insurance companies
and future employers. I would definitely like to see legislation
by Congress preventing discrimination based on the results of
genetic tests (which, I suppose, is a 'precondition', or perhas
a pre-pre-condition)







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[info]jnala
2008-02-27 08:48 pm UTC (link)
Have you found an original source for this "unconstitutional" quote? All I can find is the Huffington Post, and blog articles copying it.

(Reply to this)(Parent)(Thread)


[info]prock
2008-02-28 01:29 am UTC (link)
She said it when she was poopin'

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[info]ronsrants
2008-02-28 03:33 am UTC (link)
Can you guess what I was doing when I read that and wrote this comment?

-R

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[info]hgfalling
2008-02-28 04:29 am UTC (link)
Nope, although there are plenty of original sources for Hillary advocating a "constitutional right to health care," so it's not particularly surprising that she would say such a thing.

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