3 ways court ruling strengthens U.S.
A compromise addressed a big issue and the nation's highest court treated the actions of elected officials respectfully. What's not to like?
Three things strike me about the surprising U.S. Supreme Court decision on the Affordable Care Act. I’d call them, “minding our boundaries,” “compromise,” and “decision-making.” All three are key aspects of a functional governance system, which have been more notable in their absence than by their presence in recent years.
Like most everyone else, I was surprised to find Chief Justice John Roberts siding with and articulating the majority’s decision to sustain the ACA. His comments indicated his respect for the separation of powers and a reluctance to overturn a major act of Congress, unless it had clearly violated the Constitution.
I would call this “minding our boundaries.” Constitutionality is “our” turf and responsibility, said Roberts, legislation is yours. We’ll do our job and you do yours. And within reason, let’s stay off each other’s turf.
Working with different not-for-profit organizations one of the marks of organizational dysfunction I notice is a failure to mind boundaries. The various sub-groups and individuals making up an organization trample on the turf of others or fail to respect the role and authority of other groups. In such organizations the governing board gets into areas that belong to the staff, or the executive director disables the board by turning it into a rubber stamp. Or everyone in the organization has to have their oar in the water on most every decision.
Often this kind of thing is sanctioned and validated by appeals to “full participation,” “working together,” “inviting input,” and “everyone having a say.” Sometimes that is important. Sometimes it's a recipe for disaster.
The result of such failure to mind our boundaries is what I call “bunch-ball,” a technical term drawn from my stint as a soccer coach. Watch 6-year-olds play soccer. Everyone runs to the ball. The result? Sore shins but not much movement. As a coach, your goal is to try to get kids to play their position, so you have someone to pass to and make progress in the direction of the goal.
It’s not that different in organizations, including governments. Play your position. Mind your boundaries. Do your job, not everyone else’s. The chief justice seemed content to do that, thus striking a blow for a governance system that works.
The second thing that strikes me about the Affordable Care Act is less about the Court’s decision and more about the act itself and the public discussion of it. One hears a lot of split opinions. “I don’t,” someone may say, “like the mandate ... but I do like that my daughter can stay on our plan until she’s 26.” Few, if any, seem to like everything about this legislation. Many like something. There’s a name for that, “compromise.” What a concept!
As our politics have become more ideological and polarized, compromise has joined the endangered species list. When you’re of an ideological frame of mind, every issue and every detail of every issue becomes inviolate. This makes for good, or at least, hot talk radio. But it makes for bad governance.
Compromise is, arguably, what politics is all about. Take it further — in some measure compromise is what life is about. Try approaching marriage or family without compromise and see how that works for you.
A third aspect of the health care debate is simply that the governance system took on, however fitfully, a tough and complex issue — health care — and reached a decision, one that the Supreme Court has now sustained. Functional governance systems, whether national or local, in specific institutions or organizations do this. They figure out what their challenges are, look at them as clearly as they can manage, and come to a decision.
Dysfunctional organizations either don’t look clearly at their real issues and challenges or they never manage to actually reach a resolution, that is, make a decision. The same issues fester week after week, year after year. Such indecisiveness depletes the energy and spirit of groups and organizations.
It is true that we’re certainly not done with health care or even with the Affordable Care Act. The act will be debated in Congress and it will be an election issue. And there’s still a lot to do on health care to get to a really workable system that is both more just and more affordable. But a decision was made and it has now been sustained. Working systems do that. Paralyzed ones don’t.
The court’s decision on the ACA is not only a victory for the president and for the act’s supporters, it is also a victory for our governance system. That’s worth noting and savoring because there haven’t been too many such victories in quite some time.
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Comments:
Posted Sun, Jul 1, 6:34 a.m. Inappropriate
Perhaps Mr. Robinson would like to discuss the actual costs that have yet to be applied to the taxpayers to pay for this legislation? Would Mr. Robinson be in favor had the Democrats decided to remove all tax exemptions for religious organziations?
Posted Sun, Jul 1, 10:58 a.m. Inappropriate
Crosscut is my first click in the morning and articles like this one are my reward.
Posted Sun, Jul 1, 11:17 a.m. Inappropriate
The Constitution is all about minding boundaries. The federal government, thanks to the Constitution (supposedly at least) has limited enumerated powers which it is not supposed to exceed. Although the Supreme Court decision protected the commerce clause, it gave the federal government a broad new power to levy taxes as punishment. It will be interesting, in the next decade or so, so see what kind of boundaries will exist on that power.
Posted Mon, Jul 2, 12:16 p.m. Inappropriate
The ObamaTax Non-Affordable Health Insurance Mandate fails on many levels. The legalese is laughable; Roberts and Obama together repeat the spectacle of the botched double swearing-in ceremony of January 20, 2009; SCOTUS remains a deeply misguided set of political animals; tens of millions will still remain without insurance because 50% do not even pay income taxes; and there is no single payer and no universal coverage and no public option which were the initial wishes of the left-wing. Good luck forcing the uninsured to pay a health insurance tax when some of them do not file IRS returns. Employer and taxpayer subsidized health insurance continues to distort market forces and prices. The liberal gloating is the most hollow of victories I have seen in decades.
Posted Mon, Jul 2, 3:46 p.m. Inappropriate
Pastor Robinson's screed is such a hay wagon load of sweet nonsense it gives me little pleasure to waken him to what went down at the court these past few months.
"The centerpiece of the law, the so-called individual mandate, which was upheld by the 5-4 Supreme Court ruling, will require all but the very poorest individuals to obtain health insurance from private companies or pay a penalty. This will funnel tens of millions of new cash-paying customers to the private insurance companies.
Other features of the law include:
• $500 billion in cuts to the Medicare program for the elderly
• An Independent Payment Advisory Board to ration health care under Medicare
• Accountable Care Organizations tying payments for Medicare to cost-cutting
• A tax on so-called “Cadillac” health insurance plans held by unionized and other employees.
While individuals can be fined by up to 2 percent of their income if they do not have coverage, the fines for employers who fail to offer insurance to their employees are so low as to create an incentive for companies to drop their insurance programs. That will force workers to buy individual policies offering reduced coverage. One recent study showed that as many as 9 percent of businesses plan to drop coverage for their employees by 2014. http://wsws.org/articles/2012/jun2012/pers-j30.shtml
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