Howard Zinn On The Bill Of Rights

The Bill of Rights

by Howard Zinn, 1991

from the Zinn Reader, Seven Stories Press

A few years back, a man high up in the CIA named Ray Cline was asked if the CIA, by its surveillance of protest organizations in the United States, was violating the free speech provision of the First Amendment. He smiled and said: "It's only an Amendment."

And when it was disclosed that the FBI was violating citizens' rights repeatedly, a high official of the FBI was asked if anybody in the FBI questioned the legality of what they were doing. He replied: "No, we never gave it a thought."

We clearly cannot expect the Bill of Rights to be defended by government officials. So it will have to be defended by the people.

If you do a bit of research into the origins of the Bill of Rights- and I had to do some because it is a job requirement of the historical profession-you will find that when the new government of the United States adopted the Bill of Rights in 1791, it did not do so with enthusiasm. The Bill of Rights was a political tool to quiet down critics of the Constitution. A Bill of Rights on paper comforts people. You don't have to take it seriously. Like that CIA man, you can smile, and say, they're only Amendments.

Well, in 1791, the first ten Amendments-the Bill of Rights- were added to the Constitution, and the First Amendment says, among other things: "Congress shall make no law...abridging the freedom of speech, or of the press..." Seven years later, in 1798, Congress passed a law abridging the freedom of speech and the press. It was the Sedition Act of 1798, and it provided jail sentences for people who criticized the government. A number of writers and speakers were imprisoned. They appealed to the court. Now we all learned in junior high school about checks and balances and how if Congress passes a law violating the Constitution, we are very lucky to have the Supreme Court to check that and declare the law null and void. (I was always proud to know such a fancy phrase, "null and void.")

Well, the members of the Supreme Court, apparently having skipped junior high school, or perhaps understanding that the phrase "checks and balances" is just intended to satisfy schoolchildren-did not declare the Sedition Act null and void. Not at all. They said it was constitutional. You may ask: by what legal philosophy can Supreme Court justices explain how Congress can pass a law abridging the freedom of speech when the Constitution says Congress shall make no law abridging the freedom of speech? I could tell you how they did that; but it would take a while and cause indigestion. Let us just say that legal training is a wonderful thing, it enables you to explain the unexplainable, defend the indefensible, and rationalize the irrational.

It seems that especially in time of war or near-war (and in 1798 it was such a time), the First Amendment is ignored. You may have noticed that the year 1991 did not start with a celebration of the Bill of Rights, but with a war. And that the government established control over information and the mass media became tongue-tied with patriotic fervor, and the First Amendment was bombed into oblivion. It is a truism of our political culture: if you are at war for freedom and democracy, you can't have freedom and democracy. So, exactly when free speech is most needed, that is, when it is a matter of life and death for the young people about to be sent to the battlefield-exactly at such a moment the government declares it can be suspended.

In 1917, as armies of young men in Europe were slaughtering one another in the first World War, and the United States decided to send its own young men into the butchery, Congress passed the Espionage Act, and the Sedition Act, providing heavy sentences for those criticizing the war. The Supreme Court again put our junior high school lesson to shame: checks and balances? Not in wartime. Not when you need them. The great liberal Oliver Wendell Holmes himself wrote the opinions affirming the constitutionality of the Espionage Act, sending a man named Schenck to jail for distributing a leaflet criticizing the war and the draft. Two thousand people were prosecuted for speaking or writing against the war, including Eugene Debs, the great labor leader and Socialist.

There were ludicrous episodes in all that. A filmmaker who made a movie about the American Revolution was sent to prison for ten years because the movie portrayed the British as the enemy in the American Revolution, and now the British were our allies in the war. The name of the movie was The Spirit of '76 and the title of the court case against the filmmaker was U.S. v. Spirit of '76. And that case sums up the relationship of the government to the Bill of Rights: U.S. v. Spirit of '76. It was the President of the United States, Harry Truman, who instituted loyalty oaths even before Joseph McCarthy waved his lists of Communists in the State Department. It was the Congress of the United States, Democrats as well as Republicans, that set up the House Un-American Activities Committee, and voted con tempt citations against people who refused to bow down to that Committee. It was the Supreme Court that affirmed the convictions of the Hollywood Ten for invoking the First Amendment. It was Republicans and Democrats, it was all three branches of government, all of them swearing to uphold the Constitution of the United States, and all of them violating that oath.

A word about the Supreme Court. We now have nine conservative justices, including one conservative woman and one conservative black man. It's called American pluralism. Many people have been depressed over this. Frankly, I tried to get depressed, but didn't succeed. Sure, it's better to have a liberal Supreme Court. But the Supreme Court at its most liberal has never been a dependable protector of people's rights. One year it will say you have a constitutional right to distribute leaflets in front of a supermarket. Another year it will say you can go to jail for that. One year it will say: high school students have a right to wear black arm bands to protest a war. Another year it will say: high school students don't have the right to put out their own newspapers without censorship by the school authorities. The Supreme Court, when it was liberal, affirmed that Japanese-Americans could be put in concentration camps because we were at war. The Supreme Court, liberal or conservative, sworn to defend the Constitution, has never been a bulwark against unconstitutional wars.

If it were left to the institutions of government, the Bill of Rights would be left for dead. But someone breathed life into the Bill of Rights. Ordinary people did it, by doing extraordinary things. The editors and speakers who, in spite of the Sedition Act of 1798, continued to criticize the government. The black and white abolitionists who defied the Fugitive Slave Law, defied the Supreme Court's Dred Scott decision, who insisted that black people were human beings, not property, and who broke into courtrooms and police stations to rescue them, to prevent their return to slavery.

Women, who were arrested again and again as they spoke out for their right to control their own bodies, or the right to vote. Members of the Industrial Workers of the World, anarchists, radicals, who filled the jails in California and Idaho and Montana until they were finally allowed to speak to working people. Socialists and pacifists and anarchists like Helen Keller and Rose Pastor Stokes, and Kate O'Hare and Emma Goldman, who defied the government and denounced war in 1917 and 1918. The artists and writers and labor organizers and Communists- Dalton Trumbo and Pete Seeger, and W.E.B. Du Bois and Paul Robeson, who challenged the congressional committees of the 1950s, challenged the FBI, at the risk of their freedom and their careers.

In the 1960s, the students of Kent State and Jackson State and hundreds of other campuses, the draft resisters and deserters, the priests and nuns and lay people, all the marchers and demonstrators and trespassers who demanded that the killing in Vietnam stop, the GIs in the Mekong Delta who refused to go out on patrol, the B52 pilots who refused to fly in the Christmas bombing of 1972, the Vietnam veterans who gathered in Washington and threw their Purple Hearts and other medals over a fence in protest against the war.

And after the war, in the '70s and '80s, those courageous few who carried on, the Berrigans and all like them who continued to demonstrate against the war machine, the Seabrook fence climbers, the signers of the Pledge of Resistance against U.S. military action in Central America, the gays and lesbians who marched in the streets for the first time, challenging the country to recognize their humanity, the disabled people who spoke up, after a long silence, demanding their rights. The Indians, sup posed to be annihilated and gone from the scene, emerging ghostlike, to occupy a tiny portion of the land that was taken from them, Wounded Knee, South Dakota. Saying: we're not gone, we're here, and we want you to listen to us.

These are the people, men, women, children, of all colors and national origins, who gave life to the Bill of Rights.

The Bill of Rights was expanded after the Civil War, with the passage of the 13th, 14th, and 15th Amendments, to apply to the states, to prevent them from keeping slavery, to require that they give all people, regardless of race or color, the equal protection of the laws. But these amendments were soon ignored, as blacks were kept in semi-slavery in the South, segregated, humiliated, beaten, Iynched by mobs, unprotected by either the local police or the national government. For almost a hundred years after the 14th Amendment became law, every President, whether liberal or conservative, Republican or Democrat, violated his oath of office, his pledge to uphold the Constitution, by failing to enforce those Amendments. And the Supreme Court interpreted them so as to make them useless.

And so black people in the South, in the most dangerous towns and cities in the country, decided to give life to the 14th Amendment, at the risk of their own. They boycotted the buses in Montgomery, Alabama, they sat in at segregated lunch counters, they rode the buses as Freedom Riders, they marched through the streets of Albany, Georgia and Birmingham, demonstrated in Alabama, were arrested, set upon by dogs, knocked down by water hoses, beaten bloody by state troopers, and murdered. There were protests in 800 cities in the year 1963. And then the President acted, then Congress acted, then the Supreme Court acted. The 15th Amendment was now being enforced, only a hundred years late.

It is good to have a Bill of Rights, good to have a 14th and 15th Amendment. They are useful as standards. But it is disastrous to depend on them. Words have never been enough. Ask the authors of the Ten Commandments.

For many people there were not even words-not for working people, women, gays and lesbians, disabled people. The Bill of Rights says nothing about the right to work, to a decent wage, to housing, to health care, to the rights of women, to the right of privacy in sexual preference, to the rights of people with disabilities.

But we don't need permission from on high, words approved by the authorities, to tell us that certain truths are self-evident, as the Declaration of Independence put it. That we are all created equal, that we all have rights that cannot be taken from us, the rights to life, liberty, and the pursuit of happiness. And so working people went on strike thousands of times, were beaten and killed on the picket line, until they won an eight-hour day, and a bit of economic security. Women created a nation al movement that changed the consciousness of millions of people. Gays and lesbians, disabled people, organized, spoke up, declared: we exist, we must be paid attention to. And people began to pay attention.

We should look beyond the Bill of Rights to the UN's Universal Declaration of Human Rights, which says that all people, everywhere in the world, are entitled to work and decent wages, to holidays and vacations, to food and clothing and housing and medical care, to education, to child care and maternal care.

The guarantees of the Bill of Rights have little meaning so long as we have a class society with enormous differences of wealth and income. The rights of free speech and press depend on having the resources to use them. The right to legal counsel is different for rich and poor. The right to be free from unreasonable searches and seizures is different for a family living in a mansion and another living in a housing project, or out on the street.

In the real world, the fate of human beings is decided every day not by the courts, but out of court, in the streets, in the workplace, by whoever has the wealth and power. The redistribution of that wealth and power is necessary if the Bill of Rights, if any rights, are to have meaning.

The novelist Aldous Huxley once said: "Liberties are not given; they are taken." We are not given our liberties by the Bill of Rights, certainly not by the government which either violates or ignores those rights. We take our rights, as thinking, acting citizens.
And so we should celebrate today, not the words of the Bill of Rights, certainly not the political leaders who utter those words and violate them every day. We should celebrate, honor, all those people who risked their jobs, their freedom, sometimes their lives, to affirm the rights we all have, rights not limited to some document, but rights our common sense tells us we should all have as human beings. Who should, for example, we celebrate?

I think of Lillian Gobitis, from Lynn, Massachusetts, a seventh grade student who, back in 1935, because of her religious convictions, refused to salute the American flag even when she was suspended from school.

And Mary Beth Tinker, a thirteen-year-old girl in Des Moines, Iowa, who in 1965 went to school wearing a black armband in protest against the killing of people in Vietnam, and defied the school authorities even when they suspended her.

An unnamed black boy, nine years old, arrested in Albany, Georgia, in 1961 for marching in a parade against racial segregation after the police said this was unlawful. He stood in line to be booked by the police chief, who was startled to see this little boy and asked him: "What's your name?" And he replied: "Freedom, freedom."

I think of Gordon Hirabayashi, born in Seattle of Japanese parents, who, at the start of the war between Japan and the United States, refused to obey the curfew directed against all of Japanese ancestry, and refused to be evacuated to a detention camp, and insisted on his freedom, despite an executive order by the President and a decision of the Supreme Court.

Demetrio Rodriguez of San Antonio, who in 1968 spoke up and said his child, living in a poor county, had a right to a good education equal to that of a child living in a rich county.

All those alternative newspapers and alternative radio stations and struggling organizations that have tried to give meaning to free speech by giving information that the mass media will not give, revealing information that the government wants kept secret.

All those whistleblowers, who risked their jobs, risked prison, defying their employers, whether the government or corporations, to tell the truth about nuclear weapons, or chemical poisoning. Randy Kehler and Betsy Corner, who have refused to pay taxes to support the war machine, and all their neighbors who, when the government decided to seize and auction their house, refused to bid, and so they are still defending their right.

The 550 people who occupied the JFK Federal Building in Boston in protest when President Reagan declared a blockade of Nicaragua. I was in that group-I don't mind getting arrested when I have company-and the official charge against us used the language of the old trespass law: "failure to quit the premises." On the letter I got dropping the case (because there were too many of us to deal with), they shortened that charge to "failure to quit."

I think that sums up what it is that has kept the Bill of Rights alive. Not the President or Congress, or the Supreme Court, or the wealthy media. But all those people who have refused to quit, who have insisted on their rights and the rights of others, the rights of all human ~t, beings everywhere, whether Americans or Haitians or Chinese or Russians or Iraqis or Israelis or Palestinians, to equality, to life, liberty, and the pursuit of happiness. That is the spirit of the Bill of Rights, and beyond that, the spirit of the Declaration of Independence, yes, the spirit of '76: refusal to quit.

---

Howard Zinn on Vietnam

The Impossible Victory: Vietnam

excerpted from a

People's History of the United States

by Howard Zinn

*****

In the fall of 1945 Japan, defeated, was forced to leave Indochina, the former French colony it had occupied at the start of the war. In the meantime, a revolutionary movement had grown there, determined to end colonial control and to achieve a new life for the peasants of Indochina. Led by a Communist named Ho Chi Minh, the revolutionists fought against the Japanese, and when they were gone held a spectacular celebration in Hanoi in late 1945, with a million people in the streets, and issued a Declaration of Independence. It borrowed from the Declaration of the Rights of Man and the Citizen, in the French Revolution, and from the American Declaration of Independence, and began: "All men are created equal. They are endowed by their Creator with certain inalienable rights; among these are Life, Liberty, and the pursuit of Happiness." Just as the Americans in 1776 had listed their grievances against the English King, the Vietnamese listed their complaints against French rule:

They have enforced inhuman laws.... They have built more prisons than schools. They have mercilessly slain our patriots, they have drowned uprisings in rivers of blood. They have fettered public opinion.... They have robbed us of our rice fields, our mines, our forests, and our raw materials ...

They have invented numerous unjustifiable taxes and reduced our people, especially our peasantry, to a state of extreme poverty.... . . . from the end of last year, to the beginning of this year . . . more than two million of our fellow-citizens died of starvation....

The whole Vietnamese people, animated by a common purpose, are deter mined to fight to the bitter end against any attempt by the French colonialists to reconquer their country.

The U.S. Defense Department study of the Vietnam war, intended to be "top secret" but released to the public by Daniel Ellsberg and Anthony Russo in the famous Pentagon Papers case, described Ho Chi Minh's work:

"... Ho had built the Viet Minh into the only Vietnam-wide political organization capable of effective resistance to either the Japanese or the French. He was the only Vietnamese wartime leader with a national following, and he assured himself wider fealty among the Vietnamese people when in August September, 1945, he overthrew the Japanese . . . established the Democratic Republic of Vietnam, and staged receptions for in-coming allied occupation forces.... For a few weeks in September, 1945, Vietnam was-for the first and only time in its modern history-free of foreign domination, and united from north to south under Ho Chi Minh...."

The Western powers were already at work to change this. England occupied the southern part of Indochina and then turned it back to the French. Nationalist China (this was under Chiang Kai-shek, before the Communist revolution) occupied the northern part of Indochina, and the United States persuaded it to turn that back to the French. As Ho Chi Minh told an American journalist: "We apparently stand quite alone.... We shall have to depend on ourselves."

Between October 1945 and February 1946, Ho Chi Minh wrote eight letters to President Truman, reminding him of the self-determination promises of the Atlantic Charter. One of the letters was sent both to Truman and to the United Nations:

I wish to invite attention of your Excellency for strictly humanitarian reasons to following matter. Two million Vietnamese died of starvation during winter of 1944 and spring 1945 because of starvation policy of French who seized and stored until it rotted all available rice.... Three-fourths of cultivated land was flooded in summer 1945, which was followed by a severe drought; of normal harvest five-sixths was lost.... Many people are starving.... Unless great world powers and international relief organizations bring us immediate assistance we face imminent catastrophe....

Truman never replied.

In October of 1946, the French bombarded Haiphong, a port in northern Vietnam, and there began the eight-year war between the Vietminh movement and the French over who would rule Vietnam. After the Communist victory in China in 1949 and the Korean war the following year, the United States began giving large amounts of military aid to the French. By 1954, the United States had given 300,000 small arms and machine guns, enough to equip the entire French army in Indochina, and $1 billion; all together, the U.S. was financing 80 percent of the French war effort. Why was the United States doing this? To the public, the word was that the United States was helping to stop Communism in Asia, but there was not much public discussion. In the secret memoranda of the National Security Council (which advised the President on foreign policy) there was talk in 1950 of what came to be known as the "domino theory"-that, like a row of dominoes, if one country fell to Communism, the next one would do the same and so on. It was important therefore to keep the first one from falling.

A secret memo of the National Security Council in June 1952 also pointed to the chain of U.S. military bases along the coast of China, the Philippines, Taiwan, Japan, South Korea:

Communist control of all of Southeast Asia would render the U.S. position in the Pacific offshore island chain precarious and would seriously jeopardize fundamental U.S. security interests in the Far East.

Southeast Asia, especially Malaya and Indonesia, is the principal world source of natural rubber and tin, and a producer of petroleum and other strategically important commodities....

It was also noted that Japan depended on the rice of Southeast Asia, and Communist victory there would "make it extremely difficult to prevent Japan's eventual accommodation to communism." In 1953, a congressional study mission reported: "The area of Indochina is immensely wealthy in rice, rubber, coal and iron ore. Its position makes it a strategic key to the rest of Southeast Asia." That year, a State Department memorandum said that the French were losing the war in Indochina, had failed "to win a sufficient native support," feared that a negotiated settlement "would mean the eventual loss to Communism not only of Indochina but of the whole of Southeast Asia, and concluded: "If the French actually decided to withdraw, the U.S. would have to consider most seriously whether to take over in this area."

In 1954, the French, having been unable to win Vietnamese popular support, which was overwhelmingly behind Ho Chi Minh and the revolutionary movement, had to withdraw.
An international assemblage at Geneva presided over the peace agreement between the French and the Vietminh. It was agreed that the French would temporarily withdraw into the southern part of Vietnam, that the Vietminh would remain in the north, and that an election would take place in two years in a unified Vietnam to enable the Vietnamese to choose their own government.

The United States moved quickly to prevent the unification and to establish South Vietnam as an American sphere. It set up in Saigon as head of the government a former Vietnamese official named Ngo Dinh Diem, who had recently been living in New Jersey, and encouraged him not to hold the scheduled elections for unification. A memo in early 1954 of the Joint Chiefs of Staff said that intelligence estimates showed "a settlement based on free elections would be attended by almost certain loss of the Associated States [Laos, Cambodia, and Vietnam-the three parts of Indochina created by the Geneva Conference] to Communist control." Diem again and again blocked the elections requested by the Vietminh, and with American money and arms his government became more and more firmly established. As the Pentagon Papers put it: "South Viet Nam was essentially the creation of the United States."

*****

During 1965, over 200,000 American soldiers were sent to South Vietnam, and in 1966, 200,000 more. By early 1968, there were more than 500,000 American troops there, and the U.S. Air Force was dropping bombs at a rate unequaled in history. Tiny glimmerings of the massive human suffering under this bombardment came to the outside world. On June 5, 1965, the New York Times carried a dispatch from Saigon:

As the Communists withdrew from Quangngai last Monday, United States jet bombers pounded the hills into which they were headed. Many Vietnamese one estimate is as high as 500 were killed by the strikes. The American contention is that they were Vietcong soldiers. But three out of four patients seeking treatment in a Vietnamese hospital afterward for burns from napalm, or jellied gasoline, were village women.

On September 6, another press dispatch from Saigon:

"In Bien Hoa province south of Saigon on August 15 United States aircraft accidentally bombed a Buddhist pagoda and a Catholic church . . . it was the third time their pagoda had been bombed in 1965. A temple of the Cao Dai religious sect in the same area had been bombed twice this year. In another delta province there is a woman who has both arms burned off by napalm and her eyelids so badly burned that she cannot close them. When it is time for her to sleep her family puts a blanket over her head. The woman had two of her children killed in the air strike that maimed her."

Few Americans appreciate what their nation is doing to South Vietnam with airpower ... innocent civilians are dying every day in South Vietnam.

Large areas of South Vietnam were declared "free fire zones," which meant that all persons remaining within them-civilians, old people, children-were considered an enemy, and bombs were dropped at will. Villages suspected of harboring Viet Cong were subject to "search and destroy" missions-men of military age in the villages were killed, the homes were burned, the women, children, and old people were sent off to refugee camps. Jonathan Schell, in his book The Village of Ben Suc, describes such an operation: a village surrounded, attacked, a man riding on a bicycle shot down, three people picnicking by the river shot to death, the houses destroyed, the women, children, old people herded together, taken away from their ancestral homes.

The CIA in Vietnam, in a program called "Operation Phoenix," secretly, without trial, executed at least twenty thousand civilians in South Vietnam who were suspected of being members of the Communist underground. A pro-administration analyst wrote in the journal Foreign Affairs in January 1975: "Although the Phoenix program did undoubtedly kill or incarcerate many innocent civilians, it did also eliminate many members of the Communist infrastructure."

After the war, the release of records of the International Red Cross showed that in South Vietnamese prison camps, where at the height of the war 65,000 to 70,000 people were held and often beaten and tortured, American advisers observed and sometimes participated. The Red Cross observers found continuing, systematic brutality at the two principal Vietnamese POW camps-at Phu Quoc and Qui Nhon, where American advisers were stationed.

By the end of the war, 7 million tons of bombs had been dropped on Vietnam, Laos, and Cambodia-more than twice the amount of bombs dropped on Europe and Asia in World War II. In addition, poisonous sprays were dropped by planes to destroy trees and any kind of growth- an area the size of the state of Massachusetts was covered with such poi son. Vietnamese mothers reported birth defects in their children. Yale biologists, using the same poison (2,4,5,T) on mice, reported defective mice born and said they had no reason to believe the effect on humans was different.

On March 16, 1968, a company of American soldiers went into the hamlet of My Lai 4, in Quang Ngai province. They rounded up the inhabitants, including old people and women with infants in their arms. These people were ordered into a ditch, where they were methodically shot to death by American soldiers. The testimony of James Dursi, a rifleman, at the later trial of Lieutenant William Calley, was reported in the New York Times:

Lieutenant Calley and a weeping rifleman named Paul D. Meadlo the same soldier who had fed candy to the children before shooting them-pushed the prisoners into the ditch...
"There was an order to shoot by Lieutenant Calley, I can't remember the exact words-it was something like 'Start firing.' "Meadlo turned to me and said: 'Shoot, why don't you shoot?'

"He was crying. "I said, 'I can't. I won't.'

"Then Lieutenant Calley and Meadlo pointed their rifles into the ditch and fired.

"People were diving on top of each other; mothers were trying to protect their children...."

Journalist Seymour Hersh, in his book My Lai 4, writes:

"When Army investigators reached the barren area in November, 1969, in connection with the My Lai probe in the United States, they found mass graves at three sites, as well as a ditch full of bodies. It was estimated that between 450 and 500 people-most of them women, children and old men- had been slain and buried there."

The army tried to cover up what happened. But a letter began circulating from a GI named Ron Ridenhour, who had heard about the massacre. There were photos taken of the killing by an army photographer, Ronald Haeberle. Seymour Hersh, then working for an antiwar news agency in Southeast Asia called Dispatch News Service, wrote about it. The story of the massacre had appeared in May 1968 in two French publications, one called Sud Vietnam en Lutte, and another published by the North Vietnamese delegation to the peace talks in Paris-but the American press did not pay any attention.

Several of the officers in the My Lai massacre were put on trial, but only Lieutenant William Calley was found guilty. He was sentenced to life imprisonment, but his sentence was reduced twice; he served three years-Nixon ordered that he be under house arrest rather than a regular prison-and then was paroled. Thousands of Americans came to his defense. Part of it was in patriotic justification of his action as necessary against the "Communists." Part of it seems to have been a feeling that he was unjustly singled out in a war with many similar atrocities. Colonel Oran Henderson, who had been charged with covering up the My Lai killings, told reporters in early 1971: "Every unit of brigade size has its My Lai hidden someplace."

Indeed, My Lai was unique only in its details. Hersh reported a letter sent by a GI to his family, and published in a local newspaper:

"Dear Mom and Dad:

Today we went on a mission and I am not very proud of myself, my friends, or my country. We burned every hut in sight!

It was a small rural network of villages and the people were incredibly poor. My unit burned and plundered their meager possessions. Let me try to explain the situation to you.

The huts here are thatched palm leaves. Each one has a dried mud bunker inside. These bunkers are to protect the families. Kind of like air raid shelters.

My unit commanders, however, chose to think that these bunkers are offensive. So every hut we find that has a bunker we are ordered to burn to the ground.

When the ten helicopters landed this morning, in the midst of these huts, and six men jumped out of each "chopper", we were firing the moment we hit the ground. We fired into all the huts we could....

It is then that we burned these huts.... Everyone is crying, begging and praying that we don't separate them and take their husbands and fathers, sons and grandfathers. The women wail and moan.

Then they watch in terror as we burn their homes, personal possessions and food. Yes, we burn all rice and shoot all livestock."

*****

The massacre at My Lai by a company of ordinary soldiers was a small event compared with the plans of high-level military and civilian leaders to visit massive destruction on the civilian population of Vietnam. Assistant Secretary of Defense John McNaughton in early 1966, seeing that large-scale bombing of North Vietnam villages was not producing the desired result, suggested a different strategy. The air strikes on villages, he said, would "create a counterproductive wave of revulsion abroad and at home." He suggested instead:

Destruction of locks and dams, however-if handled right-might . . . offer promise. It should be studied. Such destruction doesn't kill or drown people. By shallow-flooding the rice, it leads after a time to widespread starvation (more than a million?) unless food is provided-which we could offer to do "at the conference table." . . .

The heavy bombings were intended to destroy the will of ordinary Vietnamese to resist, as in the bombings of German and Japanese population centers in World War II-despite President Johnson's public insistence that only "military targets" were being bombed. The government was using language like "one more turn of the screw" to describe bombing. The CIA at one point in 1966 recommended a "bombing program of greater intensity," according to the Pentagon Papers, directed against, in the ClA's words, "the will of the regime as a target system."

Meanwhile, just across the border of Vietnam, in a neighboring country, Laos, where a right-wing government installed by the CIA faced a rebellion, one of the most beautiful areas in the world, the Plain of Jars, was being destroyed by bombing. This was not reported by the government or the press, but an American who lived in Laos, Fred Branfman, told the story in his book Voices from the Plain of Jars:

Over 25,000 attack sorties were flown against the Plain of Jars from May, 1964, through September, 1969; over 75,000 tons of bombs were dropped on it; on the ground, thousands were killed and wounded, tens of thousands driven underground, and the entire aboveground society leveled.

*****

In September 1973, a former government official in Laos, Jerome Doolittle, wrote in the New York Times:

"The Pentagon's most recent lies about bombing Cambodia bring back a question that often occurred to me when I was press attaché at the American Embassy in Vientiane, Laos.

Why did we bother to lie?

When I first arrived in Laos, I was instructed to answer all press questions about our massive and merciless bombing campaign in that tiny country with: "At the request of the Royal Laotian Government, the United States is conducting unarmed reconnaissance flights accompanied by armed escorts who have the right to return if fired upon."

This was a lie. Every reporter to whom I told it knew it was a lie. Hanoi knew it was a lie. The International Control Commission knew it was a lie. Every interested Congressman and newspaper reader knew it was a lie....

After all, the lies did serve to keep something from somebody, and the somebody was us."

By early 1968, the cruelty of the war began touching the conscience of many Americans. For many others, the problem was that the United States was unable to win the war, while 40,000 American soldiers were dead by this time, 250,000 wounded, with no end in sight. (The Vietnam casualties were many times this number.)

Lyndon Johnson had escalated a brutal war and failed to win it. His popularity was at an all-time low; he could not appear publicly without a demonstration against him and the war. The chant "LBJ, LBJ, how many kids did you kill today?" was heard in demonstrations throughout the country. In the spring of 1968 Johnson announced he would not run again for President, and that negotiations for peace would begin with the Vietnamese in Paris.

In the fall of 1968, Richard Nixon, pledging that he would get the United States out of Vietnam, was elected President. He began to withdraw troops; by February 1972, less than 150,000 were left. But the bombing continued. Nixon's policy was "Vietnamization"-the Saigon government, with Vietnamese ground troops, using American money and air power, would carry on the war. Nixon was not ending the war; he was ending the most unpopular aspect of it, the involvement of American soldiers on the soil of a faraway country.

In the spring of 1970, Nixon and Secretary of State Henry Kissinger launched an invasion of Cambodia, after a long bombardment that the government never disclosed to the public. The invasion not only led to an outcry of protest in the United States, it was a military failure, and Congress resolved that Nixon could not use American troops in extending the war without congressional approval. The following year, without American troops, the United States supported a South Vietnamese invasion of Laos. This too failed. In 1971, 800,000 tons of bombs were dropped by the United States on Laos, Cambodia, Vietnam.

*****

... In August of 1965, 61 percent of the population thought the American involvement in Vietnam was not wrong. By May 1971 it was exactly reversed; 61 percent thought our involvement was wrong. Bruce Andrews, a Harvard student of public opinion, found that the people most opposed to the war were people over fifty, blacks, and women. He also noted that a study in the spring of 1964, when Vietnam was a minor issue in the newspapers, showed that 53 percent of college educated people were willing to send troops to Vietnam, but only 33 percent of grade school-educated people were so willing.
It seems that the media, themselves controlled by higher-education, higher-income people who were more aggressive in foreign policy, tended to give the erroneous impression that working-class people were superpatriots for the war. Lewis Lipsitz, in a mid-1968 survey of poor blacks and whites in the South, paraphrased an attitude he found typical: "The only way to help the poor man is to get out of that war in Vietnam . . . These taxes-high taxes-it's going over yonder to kill people with and I don't see no cause in it."

The capacity for independent judgment among ordinary Americans is probably best shown by the swift development of antiwar feeling among American GIs-volunteers and draftees who came mostly from lower-income groups. There had been, earlier in American history, in stances of soldiers' disaffection from the war: isolated mutinies in the Revolutionary War, refusal of reenlistment in the midst of hostilities in the Mexican war, desertion and conscientious objection in World War I and World War II. But Vietnam produced opposition by soldiers and veterans on a scale, and with a fervor, never seen before.

It began with isolated protests. As early as June 1965, Richard Steinke, a West Point graduate in Vietnam, refused to board an aircraft taking him to a remote Vietnamese village. "The Vietnamese war," he said, "is not worth a single American life." Steinke was court-martialed and dismissed from the service. The following year, three army privates, one black, one Puerto Rican, one Lithuanian-Italian-all poor-refused to embark for Vietnam, denouncing the war as "immoral, illegal, and unjust." They were court-martialed and imprisoned.

In early 1967, Captain Howard Levy, an army doctor at Fort Jackson, South Carolina, refused to teach Green Berets, a Special Forces elite in the military. He said they were "murderers of women and children" and "killers of peasants." He was court-martialed on the ground that he was trying to promote disaffection among enlisted men by his statements. The colonel who presided at the trial said: "The truth of the statements is not an issue in this case." Levy was convicted and sentenced to prison.

The individual acts multiplied: A black private in Oakland refused to board a troop plane to Vietnam, although he faced eleven years at hard labor. A navy nurse, Lieutenant Susan Schnall, was court-martialed for marching in a peace demonstration while in uniform, and for drop ping antiwar leaflets from a plane on navy installations. In Norfolk, Virginia, a sailor refused to train fighter pilots because he said the war was immoral. An army lieutenant was arrested in Washington, D.C., in early 1968 for picketing the White House with a sign that said: " 120,000 American Casualties-Why?" Two black marines, George Daniels and William Harvey, were given long prison sentences (Daniels, six years, Harvey, ten years, both later reduced) for talking to other black marines against the war.

As the war went on, desertions from the armed forces mounted. Thousands went to Western Europe-France, Sweden, Holland. Most deserters crossed into Canada; some estimates were 50,000, others 100,000. Some stayed in the United States. A few openly defied the military authorities by taking "sanctuary" in churches, where, surrounded by antiwar friends and sympathizers, they waited for capture and court-martial. At Boston University, a thousand students kept vigil for five days and nights in the chapel, supporting an eighteen-year old deserter, Ray Kroll.

Kroll's story was a common one. He had been inveigled into joining the army; he came from a poor family, was brought into court, charged with drunkenness, and given the choice of prison or enlistment. He enlisted. And then he began to think about the nature of the war.

On a Sunday morning, federal agents showed up at the Boston University chapel, stomped their way through aisles clogged with students, smashed down doors, and took Kroll away. From the stockade, he wrote back to friends: "I ain't gonna kill; it's against my will...." A friend he had made at the chapel brought him books, and he noted a saying he had found in one of them: "What we have done will not be lost to all Eternity. Everything ripens at its time and becomes fruit at its hour."

The GI antiwar movement became more organized. Near Fort Jackson, South Carolina, the first "GI coffeehouse" was set up, a place where soldiers could get coffee and doughnuts, find antiwar literature, and talk freely with others. It was called the UFO, and lasted for several years before it was declared a "public nuisance" and closed by court action. But other GI coffeehouses sprang up in half a dozen other places across the country. An antiwar "bookstore" was opened near Fort Devens, Massachusetts, and another one at the Newport, Rhode Island, naval base.

Underground newspapers sprang up at military bases across the country; by 1970 more than fifty were circulating. Among them: About Face in Los Angeles; Fed Up! in Tacoma, Washington; Short Times at Fort Jackson; Vietnam Gl in Chicago; Graffiti in Heidelberg, Germany; Bragg Briefs in North Carolina; Last Harass at Fort Gordon, Georgia; Helping Hand at Mountain Home Air Base, Idaho. These newspapers printed antiwar articles, gave news about the harassment of GIs and practical advice on the legal rights of servicemen, told how to resist military domination.

Mixed with feeling against the war was resentment at the cruelty, the dehumanization, of military life. In the army prisons, the stockades, this was especially true. In 1968, at the Presidio stockade in California, a guard shot to death an emotionally disturbed prisoner for walking away from a work detail. Twenty-seven prisoners then sat down and refused to work, singing "We Shall Overcome." They were court-martialed, found guilty of mutiny, and sentenced to terms of up to fourteen years, later reduced after much public attention and protest.

The dissidence spread to the war front itself. When the great Moratorium Day demonstrations were taking place in October 1969 in the United States, some GIs in Vietnam wore black armbands to show their support. A news photographer reported that in a platoon on patrol near Da Nang, about half of the men were wearing black armbands. One soldier stationed at Cu Chi wrote to a friend on October 26, 1970, that separate companies had been set up for men refusing to go into the field to fight. "It's no big thing here anymore to refuse to go." The French newspaper Le Monde reported that in four months, 109 soldiers of the first air cavalry division were charged with refusal to fight. "A common sight," the correspondent for Le Monde wrote, "is the black soldier, with his left fist clenched in defiance of a war he has never considered his own."

Wallace Terry, a black American reporter for Time magazine, taped conversations with hundreds of black soldiers; he found bitterness against army racism, disgust with the war, generally low morale. More and more cases of "fragging" were reported in Vietnam-incidents where servicemen rolled fragmentation bombs under the tents of officers who were ordering them into combat, or against whom they had other grievances. The Pentagon reported 209 fraggings in Vietnam in 1970 alone.

Veterans back from Vietnam formed a group called Vietnam Veterans Against the War. In December 1970, hundreds of them went to Detroit to what was called the "Winter Soldier" investigations, to testify publicly about atrocities they had participated in or seen in Vietnam, committed by Americans against Vietnamese. In April 1971 more than a thousand of them went to Washington, D.C., to demonstrate against the war. One by one, they went up to a wire fence around the Capitol, threw over the fence the medals they had won in Vietnam, and made brief statements about the war, sometimes emotionally, sometimes in icy, bitter calm.

In the summer of 1970, twenty-eight commissioned officers of the military, including some veterans of Vietnam, saying they represented about 250 other officers, announced formation of the Concerned Officers Movement against the war. During the fierce bombings of Hanoi and Haiphong, around Christmas 1972, came the first defiance of B-52 pilots who refused to fly those missions.

On June 3, 1973, the New York Times reported dropouts among West Point cadets. Officials there, the reporter wrote, "linked the rate to an affluent, less disciplined, skeptical, and questioning generation and to the anti-military mood that a small radical minority and the Vietnam war had created."

But most of the antiwar action came from ordinary GIs, and most of these came from lower-income groups-white, black, Native American, Chinese.

A twenty-year-old New York City Chinese-American named Sam Choy enlisted at seventeen in the army, was sent to Vietnam, was made a cook, and found himself the target of abuse by fellow GIs, who called him "Chink" and "gook" (the term for the Vietnamese) and said he looked like the enemy. One day he took a rifle and fired warning shots at his tormentors. "By this time I was near the perimeter of the base and was thinking of joining the Viet Cong; at least they would trust me. " Choy was taken by military police, beaten, court-martialed, sentenced to eighteen months of hard labor at Fort Leavenworth. "They beat me up every day, like a time clock." He ended his interview with a New York Chinatown newspaper saying: "One thing: I want to tell all the Chinese kids that the army made me sick. They made me so sick that I can't stand it."

A dispatch from Phu Bai in April 1972 said that fifty GIs out of 142 men in the company refused to go on patrol, crying: "This isn't our war!" The New York Times on July 14,1973, reported that American prisoners of war in Vietnam, ordered by officers in the POW camp to stop cooperating with the enemy, shouted back: "Who's the enemy?" They formed a peace committee in the camp, and a sergeant on the committee later recalled his march from capture to the POW camp:

Until we got to the first camp, we didn't see a village intact; they were all destroyed. I sat down and put myself in the middle and asked myself: Is this right or wrong? Is it right to destroy villages? Is it right to kill people en masse? After a while it just got to me.

Pentagon officials in Washington and navy spokesmen in San Diego announced, after the United States withdrew its troops from Vietnam in 1973, that the navy was going to purge itself of "undesirables"- and that these included as many as six thousand men in the Pacific fleet, "a substantial proportion of them black." All together, about 563,000 GIs had received less than honorable discharges. In the year 1973, one of every five discharges was "less than honorable." indicating something less than dutiful obedience to the military. By 1971, 177 of every 1,000 American soldiers were listed as "absent without leave," some of them three or four times. Deserters doubled from 47,000 in 1967 to 89,000 in 1971.

One of those who stayed, fought, but then turned against the war was Ron Kovic. His father worked in a supermarket on Long Island. In 1963, at the age of seventeen, he enlisted in the marines. Two years later, in Vietnam, at the age of nineteen, his spine was shattered by shellfire. Paralyzed from the waist down, he was put in a wheelchair. Back in the States, he observed the brutal treatment of wounded veterans in the veterans' hospitals, thought more and more about the war, and joined the Vietnam Veterans Against the War. He went to demonstrations to speak against the war. One evening he heard actor Donald Sutherland read from the post-World War I novel by Dalton Trumbo, Johnny Got His Gun, about a soldier whose limbs and face were shot away by gunfire, a thinking torso who invented a way of communicating with the outside world and then beat out a message so powerful it could not be heard without trembling.

Sutherland began to read the passage and something I will never forget swept over me. It was as if someone was speaking for everything I ever went through in the hospital.... I began to shake and I remember there were tears in my eyes.

Kovic demonstrated against the war, and was arrested. He tells his story in Born on the Fourth of July:

They help me back into the chair and take me to another part of the prison building to be booked. "What's your name?" the officer behind the desk says.

"Ron Kovic," I say. "Occupation, Vietnam veteran against the war."

"What?" he says sarcastically, looking down at me.

"I'm a Vietnam veteran against the war," I almost shout back.

"You should have died over there," he says. He turns to his assistant "I'd like to take this guy and throw him off the roof."

They fingerprint me and take my picture and put me in a cell. I have begun to wet my pants like a little baby. The tube has slipped out during my examination by the doctor. I try to fall asleep but even though I am exhausted, the anger is alive in me like a huge hot stone in my chest. I lean my head up against the wall and listen to the toilets flush again and again.

Kovic and the other veterans drove to Miami to the Republican National Convention in 1972, went into the Convention Hall, wheeled themselves down the aisles, and as Nixon began his acceptance speech shouted, "Stop the bombing! Stop the war!" Delegates cursed them: "Traitor!" and Secret Service men hustled them out of the hall.

In the fall of 1973, with no victory in sight and North Vietnamese troops entrenched in various parts of the South, the United States agreed to accept a settlement that would withdraw American troops and leave the revolutionary troops where they were, until a new elected government would be set up including Communist and non-Communist elements. But the Saigon government refused to agree, and the United States decided to make one final attempt to bludgeon the North Vietnamese into submission. It sent waves of B-52s over Hanoi and Haiphong, destroying homes and hospitals, killing unknown numbers of civilians. The attack did not work. Many of the B-52s were shot down, there was angry protest all over the world-and Kissinger went back to Paris and signed very much the same peace agreement that had been agreed on before.

The United States withdrew its forces, continuing to give aid to the Saigon government, but when the North Vietnamese launched at tacks in early 1975 against the major cities in South Vietnam, the government collapsed. In late April 1975, North Vietnamese troops entered Saigon. The American embassy staff fled, along with many Vietnamese who feared Communist rule, and the long war in Vietnam was over. Saigon was renamed Ho Chi Minh City, and both parts of Vietnam were unified as the Democratic Republic of Vietnam.

Traditional history portrays the end of wars as coming from the initiatives of leaders-negotiations in Paris or Brussels or Geneva or Versailles-just as it often finds the coming of war a response to the demand of "the people." The Vietnam war gave clear evidence that at least for that war (making one wonder about the others) the political leaders were the last to take steps to end the war-"the people" were far ahead. The President was always far behind. The Supreme Court silently turned away from cases challenging the Constitutionality of the war. Congress was years behind public opinion.
In the spring of 1971, syndicated columnists Rowland Evans and Robert Novak, two firm supporters of the war, wrote regretfully of a "sudden outbreak of anti-war emotionalism" in the House of Representatives, and said: "The anti-war animosities now suddenly so pervasive among House Democrats are viewed by Administration backers as less anti-Nixon than as a response to constituent pressures."

It was only after the intervention in Cambodia ended, and only after the nationwide campus uproar over that invasion, that Congress passed a resolution declaring that American troops should not be sent into Cambodia without its approval. And it was not until late 1973, when American troops had finally been removed from Vietnam, that Congress passed a bill limiting the power of the President to make war without congressional consent; even there, in that "War Powers Resolution," the President could make war for sixty days on his own without a congressional declaration.

The administration tried to persuade the American people that the war was ending because of its decision to negotiate a peace-not because it was losing the war, not because of the powerful antiwar movement in the United States. But the government's own secret memoranda all through the war testify to its sensitivity at each stage about "public opinion" in the United States and abroad. The data is in the Pentagon Papers.

In June of 1964, top American military and State Department officials, including Ambassador Henry Cabot Lodge, met in Honolulu. "Rusk stated that public opinion on our SEA policy was badly divided and that, therefore, the President needed an affirmation of support."

Diem had been replaced by a general named Khanh. The Pentagon historians write: "Upon his return to Saigon on June 5 Ambassador Lodge went straight from the airport to call on General Khanh . . . the main thrust of his talk with Khanh was to hint that the United States Government would in the immediate future be preparing U.S. public opinion for actions against North Vietnam." Two months later came the Gulf of Tonkin affair.

On April 2, 1965, a memo from CIA director John McCone suggested that the bombing of North Vietnam be increased because it was "not sufficiently severe" to change North Vietnam's policy. "On the other hand . . . we can expect increasing pressure to stop the bombing . . . from various elements of the American public, from the press, the United Nations and world opinion." The U.S. should try for a fast knockout before this opinion could build up, McCone said.

Assistant Secretary of Defense John McNaughton's memo of early 1966 suggested destruction of locks and dams to create mass starvation, because "strikes at population targets" would "create a counterproductive wave of revulsion abroad and at home." In May 1967, the Pentagon historians write: "McNaughton was also very deeply concerned about the breadth and intensity of public unrest and dissatisfaction with the war . . . especially with young people, the underprivileged, the intelligentsia and the women." McNaughton worried: "Will the move to call up 20,000 Reserves . . . polarize opinion to the extent that the 'doves' in the United States will get out of hand-massive refusals to serve, or to fight, or to cooperate, or worse?" He warned:

There may be a limit beyond which many Americans and much of the world will not permit the United States to go. The picture of the world's greatest superpower killing or seriously injuring 1000 non-combatants a week, while trying to pound a tiny backward nation into submission, on an issue whose merits are hotly disputed, is not a pretty one. It could conceivably produce a costly distortion in the American national consciousness.

*****

One sign that the ideas of the antiwar movement had taken hold in the American public was that juries became more reluctant to convict antiwar protesters, and local judges too were treating them differently. In Washington, by 1971, judges were dismissing charges against demonstrators in cases where two years before they almost certainly would have been sent to jail. The antiwar groups who had raided draft boards- the Baltimore Four, the Catonsville Nine, the Milwaukee Fourteen, the Boston Five, and more-were receiving lighter sentences for the same crimes.

The last group of draft board raiders, the "Camden 28," were priests, nuns, and laypeople who raided a draft board in Camden, New Jersey, in August 1971. It was essentially what the Baltimore Four had done four years earlier, when all were convicted and Phil Berrigan got six years in prison. But in this instance, the Camden defendants were acquitted by the jury on all counts. When the verdict was in, one of the jurors, a fifty-three-year-old black taxi driver from Atlantic

City named Samuel Braithwaite, who had spent eleven years in the army, left a letter for the defendants:

To you, the clerical physicians with your God-given talents, I say, well done. Well done for trying to heal the sick irresponsible men, men who were chosen by the people to govern and lead them. These men, who failed the people, by raining death and destruction on a hapless country.... You went out to do your part while your brothers remained in their ivory towers watching . . . and hopefully some day in the near future, peace and harmony may reign to people of all nations.

This Is The Kennedy Who Should Have Been President

As I've said before, I am an RFK fan.

You've Waited Long Enough, Senator Feinstein

I just saw Sen. Dianne Feinstein on television opining that she wishes that AG Holder would have waited to begin his investigation of CIA interrogation practices.

Well Senator, the waiting has gone on long enough.

You had your shot.

You and your spineless cronies sat by for 8 years while George Bush and Dick Cheney destroyed Constitutional liberty.

You did nothing.

It's too late for you and your colleagues to do anything meaningful.

Go back to your Senate chamber and be ineffective.

You've already proven how good you are at that.

We'll Never See His Kind Again

RIP Senator Kennedy.

Edward Moore Kennedy

Sad loss for America. A true progressive lion has passed from the scene.

How Health Care Reform Will Help Texas

	HOW HEALTH INSURANCE REFORM WILL BENEFIT TEXAS Topics on this page: The Health Care Status Quo: Why Texas Needs Health Reform Stable and Secure Health Care for Texas Stable and Secure Health Care for Texas How Health Insurance Reform will Benefit Texas LOWER COSTS FOR RESIDENTS OF TEXAS Ending the Hidden Tax – Saving You Money: Right now, providers in Texas lose over $5.4 billion in bad debt which often gets passed along to families in the form of a hidden premium “tax”.1 Health insurance reform will tackle this financial burden by improving our health care system and covering the uninsured, allowing the 409 hospitals2 and the 59,797 physicians3 in Texas to better care for their patients. Health Insurance Premium Relief: Premiums for residents of Texas have risen 104% since 2000.4 Through health insurance reform, 4,876,100 to 5,456,700 middle class Texas residents will be eligible for premium credits to ease the burden of these high costs.5 Strengthening Small Businesses: 273,011 employers in Texas are small businesses.6 With tax credits and a health insurance exchange where they can shop for health plans, insurance coverage will become more affordable for them. Reforms that Reduce Your Costs: Under health insurance reform, insurance companies will be prevented from placing annual or lifetime caps on the coverage you receive. Insurance companies will also have to abide by yearly limits on how much they can charge for out-of-pocket expenses, helping 132,900 households in Texas struggling under the burden of high health care expenses.7 INCREASE YOUR CHOICES: PROTECTING WHAT WORKS AND FIXING WHAT'S BROKEN Insurance Stability and Security: Health insurance reform will strengthen our system of employer-based health insurance, with an additional 202,000 people in Texas potentially getting insurance through their work.8 Health insurance reform will also ensure that you will always have guaranteed choices of quality, affordable health insurance if you lose your job, switch jobs, move or get sick. Eliminating Discrimination for Pre-Existing Conditions, Health Status or Gender: 10% of people in Texas have diabetes9, and 28% have high blood pressure10 – two conditions that insurance companies could use as a reason to deny you health insurance. Health insurance reform will prevent insurance companies from denying coverage based on your health, and it will end discrimination that charges you more if you’re sick or a woman. One-Stop Shopping – Putting Families in Charge: With the new health insurance exchange, you can easily and simply compare insurance prices and health plans and decide which quality affordable option is right for you and your family. These proposals will help the 5,832,900 residents of Texas who currently do not have health insurance to obtain needed coverage, and it will also help the 1,043,300 Texas residents who currently purchase insurance in the individual insurance market.11 Guaranteeing Choices: The largest health insurer in Texas holds 44% of the market, which limits the choices that you have for finding coverage.12 With a competitive public insurance option, you will have more choices and increased competition that holds insurance companies accountable. ASSURE QUALITY, AFFORDABLE HEALTH CARE FOR AMERICANS Preventive Care for Better Health: 44% of Texas residents have not had a colorectal cancer screening, and 25% of women have not had a mammogram in the past 2 years.13 By requiring health plans to cover preventive services for everyone, investing in prevention and wellness, and promoting primary care, health insurance reform will work to create a system that prevents illness and disease instead of just treating it when it’s too late and costs more. Improving Care for Children and Seniors: 26% of children in Texas have not visited a dentist in the past year,14and 34% of seniors did not receive a flu vaccine15. Health reform will ensure coverage for kids’ dental, vision, and hearing needs, and will promote quality coverage for America’s seniors, including recommended immunizations. 1 Hospital uncompensated care cost is estimated using a GAO model and the Hospital Cost Reports. Total uncompensated care is computed as hospital uncompensated care divided by 63% (Hadley and Holahan’s study on “The Cost of Care for the Uninsured” for Kaiser in 2004 found that hospitals account for 63% of total uncompensated care). Data expressed in 2009 dollars using Centers for Medicare and Medicaid Services, “National Health Expenditure Data.” 2 2007 AHA Annual Survey Copyright 2009 by Health Forum LLC, an affiliate of the American Hospital Association, special data request, March 2009. Available at http://www.ahaonlinestore.com. 3 American Medical Association, Physicians Professional Data, year of data 2008, copyright 2008: Special Data Request. 4 Center for Financing, Access and Cost Trends, AHRQ, Medical Expenditure Panel Survey - Insurance Component, 2000, Table II.D.1. Center for Financing, Access and Cost Trends, AHRQ, Medical Expenditure Panel Survey - Insurance Component, 2006, Table X.D. Projected 2009 premiums based on Centers for Medicare and Medicaid Services, “National Health Expenditure Data.” 5 U.S. Census Bureau, Current Population Survey. Annual Social and Economic Supplements, March 2007 and 2008. 6 Center for Financing, Access and Cost Trends, AHRQ, Medical Expenditure Panel Survey - Insurance Component, 2006, Table II.A.1a. 7 Center for Financing, Access and Cost Trends, Agency for Healthcare Research and Quality, Medical Expenditure Panel Survey, 2006. 8 U.S. Census Bureau, Current Population Survey. HIA-4 Health Insurance Coverage Status and Type of Coverage by State--All Persons: 1999 to 2007, 2007. Calculations based on Congressional Budget Office. Letter to the Hon Charles Rangel on America’s Affordable Health Choices Act, July 14, 2009. 9 Behavioral Risk Factor Surveillance System Survey Data. Atlanta, Georgia: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 2008. 10 Behavioral Risk Factor Surveillance System Survey Data. Atlanta, Georgia: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 2007. 11 U.S. Census Bureau, Current Population Survey. Annual Social and Economic Supplements, March 2007 and 2008. 12 American Medical Association. (2008,2009). "Competition in health insurance: A comprehensive study of U.S. Markets: 2008 Update," American Medical Association. 13 Behavioral Risk Factor Surveillance System Survey Data. Atlanta, Georgia: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 2007. 14 Child and Adolescent Health Measurement Initiative. 2007 National Survey of Children's Health, Data Resource Center for Child and Adolescent Health. 15 Behavioral Risk Factor Surveillance System Survey Data. Atlanta, Georgia: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 2007. The Health Care Status Quo: Why Texas Needs Health Reform Congress and the President are working to enact health care reform legislation that protects what works about health care and fixes what is broken. Texans know that inaction is not an option. Sky-rocketing health care costs are hurting families, forcing businesses to cut or drop health benefits, and straining state budgets. Millions are paying more for less. Families and businesses in Texas deserve better. TEXANS CAN’T AFFORD THE STATUS QUO Roughly 12 million people in Texas get health insurance on the job1, where family premiums average $13,525, about the annual earning of a full-time minimum wage job.2 Since 2000 alone, average family premiums have increased by 104 percent in Texas.3 Household budgets are strained by high costs: 17 percent of middle-income Texas families spend more than 10 percent of their income on health care.4 High costs block access to care: 20 percent of people in Texas report not visiting a doctor due to high costs.5 Texas businesses and families shoulder a hidden health tax of roughly $1,800 per year on premiums as a direct result of subsidizing the costs of the uninsured.6 AFFORDABLE HEALTH COVERAGE IS INCREASINGLY OUT OF REACH IN TEXAS 25 percent of people in Texas are uninsured, and 75 percent of them are in families with at least one full-time worker.7 The percent of Texans with employer coverage is declining: from 57 to 50 percent between 2000 and 2007.8 Much of the decline is among workers in small businesses. While small businesses make up 70 percent of Texas businesses,9 only 32 percent of them offered health coverage benefits in 2006 -- down 5 percent since 2000.10 Choice of health insurance is limited in Texas. HCSC (Blue Cross Blue Shield ) alone constitutes 39 percent of the health insurance market share in Texas, with the top two insurance providers accounting for 59 percent.11 Choice is even more limited for people with pre-existing conditions. In Texas, premiums can vary based on demographic factors and health status, and coverage can exclude pre-existing conditions or even be denied completely. TEXANS NEED HIGHER QUALITY, GREATER VALUE, AND MORE PREVENTATIVE CARE The overall quality of care in Texas is rated as “Weak.”12 Preventative measures that could keep Texans healthier and out of the hospital are deficient, leading to problems across the age spectrum: 20 percent of children in Texas are obese.13 25 percent of women over the age of 50 in Texas have not received a mammogram in the past two years. 44 percent of men over the age of 50 in Texas have never had a colorectal cancer screening. 66 percent of adults over the age of 65 in Texas have received a flu vaccine in the past year. 14 The need for reform in Texas and across the country is clear. Texas families simply can’t afford the status quo and deserve better. President Obama is committed to working with Congress to pass health reform this year that reduces costs for families, businesses and government; protects people’s choice of doctors, hospitals and health plans; and assures affordable, quality health care for all Americans. 1 U.S. Census Bureau, Current Population Survey. HIA-4 Health Insurance Coverage Status and Type of Coverage by State--All Persons: 1999 to 2007, 2007. 2 Center for Financing, Access and Cost Trends, AHRQ, Medical Expenditure Panel Survey - Insurance Component, 2006, Table X.D. Projected 2009 premiums based on Centers for Medicare and Medicaid Services, "National Health Expenditure Data," available at http://www.cms.hhs.gov/nationalhealthexpenddata/. 3 Center for Financing, Access and Cost Trends, AHRQ, Medical Expenditure Panel Survey - Insurance Component, 2000, Table II.D.1. Center for Financing, Access and Cost Trends, AHRQ, Medical Expenditure Panel Survey - Insurance Component, 2006, Table X.D. Projected 2009 premiums based on Centers for Medicare and Medicaid Services, "National Health Expenditure Data," available at http://www.cms.hhs.gov/nationalhealthexpenddata/. 4 Center for Financing, Access and Cost Trends, Agency for Healthcare Research and Quality, Medical Expenditure Panel Survey, 2006. 5 Behavioral Risk Factor Surveillance System Survey Data. Atlanta, Georgia: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 2007. 6 Furnas, B., Harbage, P. (2009). "The Cost Shift from the Uninsured." Center for American Progress. 7 U.S. Census Bureau, Current Population Survey. Annual Social and Economic Supplements, March 2007 and 2008. 8 U.S. Census Bureau, Current Population Survey. HIA-4 Health Insurance Coverage Status and Type of Coverage by State--All Persons: 1999 to 2007, 2007. 9 Center for Financing, Access and Cost Trends, AHRQ, Medical Expenditure Panel Survey - Insurance Component, 2006, Table II.A.1a. 10 Center for Financing, Access and Cost Trends, AHRQ, Medical Expenditure Panel Survey - Insurance Component, 2001, 2006, Table II.A.2. 11 Health Care for America Now. (2009). "Premiums Soaring in Consolidated Health Insurance Market." Health Care for America Now. 12 Agency for Health Care Research and Quality. 2007 State Snapshots. Available http://statesnapshots.ahrq.gov/snaps07/index.jsp. 13 Child and Adolescent Health Measurement Initiative. 2007 National Survey of Children's Health, Data Resource Center for Child and Adolescent Health. 14 Behavioral Risk Factor Surveillance System Survey Data. Atlanta, Georgia: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, 2007.