Gustavus Adolphus College Collections
Not a member yet
92910 research outputs found
Sort by
The Foul and Pestilent Congregation of Vapours: Air Pollution in Society
No full textEarth is an amazingly fragile home to diverse life forms that thrive in deep oceans, vast mountains, and stunning valleys. In Earth's 4.6 billion years of existence, humans have survived on the planet's resources for a comparatively small amount of time. Although the human species has lived for a tiny fraction of Earth's life, the results of our actions have considerably altered the environment. Air is a shared resource that affects every breathing organism on our planet, yet it is threatened. Humans jeopardize the future of life on Earth by irresponsibly releasing pollutants into the atmosphere, specifically by contributing to global warming. Earth maintains an atmosphere able to nurture life, made possible by the greenhouse effect. The planet's air consists of mostly nitrogen and oxygen with trace amounts of carbon dioxide, methane, and other gases. These gases capture the heat emitted from the sun and trap it, thus warming the Earth and creating a delicate balance. The problem arises when humans throw off the balance by releasing pollutants into the atmosphere as a result of various activities, and thus raise the temperature of our planet. The natural cycles of the Earth are explored as the pollutants harm the delicate stability. Alternative ways to deal with the pollution problem exists with serious implications to every aspect of life. Thus, air pollution is a complex concern that has strong economic, political, and environmental implications for contemporary society.THE FOUL AND PESTILENT CONGREGATION OF VAPOURS: AIR
POLLUTION IN SOCIETY
Andrea LaNasa
Professor Chris Gilbert
Contemporary American Politics Thesis
December 18, 2001
Gustavus Student Repository
Table of Contents
Introduction 1
CHAPTER 1: EARTH'S AIR SYSTEMS 2
Greenhouse Effect 2
Ozone Layer 4
Human Health 7
CHAPTER 2: CAUSES OF AIR POLLUTION 11
Transportation 11
Industrial Emissions 16
Energy Generation 17
CHAPTER 3: VIABLE SOLUTIONS 22
Transportation Remedies 22
Alternative Energy Sources 23
Economic Considerations 28
CHAPTER4: COMPARATIVE ANALYSIS 31
CHAPTERS: GOVERNMENT ENVIRONMENTAL REGULATIONS 36
Formation of Air Pollution Public Policy in the Past 36
Formation of Air Pollution Public Policy in the Present 46
Conclusions 49
Works Cited 50
Gustavus Student Repository
This most excellent canopy, the air, look you, this brave o 'erhanging .firmament,
this majestical roof fretted with golden fire, why, it appears no other thing to me than a
foul and pestilent congregation of vapours.
William Shakespeare (Hamlet, Act 2)
INTRODUCTION
Earth is an amazingly fragile home to diverse life forms that thrive in deep
oceans, vast mountains, and stunning valleys. In Earth's 4.6 billion years of existence,
humans have survived on the planet's resources for a comparatively small amount of
time. Although the human species has lived for a tiny fraction of Earth's life, the results
of our actions have considerably altered the environment. Air is a shared resource that
affects every breathing organism on our planet, yet it is threatened. Humans jeopardize
the future of life on Earth by irresponsibly releasing pollutants into the atmosphere,
specifically by contributing to global warming. Earth maintains an atmosphere able to
nurture life, made possible by the greenhouse effect. The planet's air consists of mostly
nitrogen and oxygen with trace amounts of carbon dioxide, methane, and other gases.
These gases capture the heat emitted from the sun and trap it, thus warming the Earth and
creating a delicate balance. The problem arises when humans throw off the balance by
releasing pollutants into the atmosphere as a result of various activities, and thus raise the
temperature of our planet. The natural cycles of the Earth are explored as the pollutants
harm the delicate stability. Alternative ways to deal with the pollution problem exists
with serious implications to every aspect of life. Thus, air pollution is a complex concern
that has strong economic, political, and environmental implications for contemporary
society.
1 Gustavus Student Repository
CHAPTER 1: EARTH'S AIR SYSTEMS
Air quality affects a variety of aspects related to the planet and human life.
Specifically, the state of the greenhouse effect, the ozone layer, and human health have
the power to alter both the balance of the planet and society.
Greenhouse Effect
The greenhouse effect has enabled Earth to maintain life for billions of years.
Without the natural heating system, the surface temperature of the planet would be so
cold that life would not be sustained. As previously mentioned, the atmosphere is
composed of a variety of gases: water vapor, carbon dioxide, methane, nitrous oxide,
ozone, and chlorofluorocarbons. Similar to a greenhouse, the gases are partially
transparent to the sunlight that infiltrates the atmosphere (Somerville 31). According to
Richard C. J. Somerville:
As the sunlight comes through, some ultraviolet radiation gets absorbed by the
ozone, and some sunlight gets absorbed by other constituents of the atmosphere,
but the sunlight reaches the Earth's surface largely unimpeded by these gases in
the atmosphere. This sunlight, or solar radiation, is largely absorbed at the
surface of the Earth and re-emitted as infrared radiation, or heat. But these same
gases are not transparent to the infrared radiation, or heat, that the Earth emits.
They absorb some of it, and part of what they absorb is radiated back toward the
surface of the Earth. (31)
Consequently, the gases created by air pollution increase the temperature of the Earth as
it traps more heat than the natural systems would ordinarily. Considering that the
greenhouse effect is a natural phenomenon, the relation to air pollution needs to be
clarified: "the problem is the enhancement of the greenhouse effect, the natural change
we're focusing on the planet by changing the chemical composition of the atmosphere"
2 Gustavus Student Repository
(Somerville 32). It is not the green house in general that is problematic, but rather the
effect of additional pollutants into the atmosphere.
Air pollution disrupts the delicate balance that is maintained between the radiation
entering and leaving the atmosphere. Carbon dioxide plays a large role in obstructing the
release of radiation as
its amount has changed substantially-by nearly 30 per cent-so far-since the
Industrial Revolution, due to human industry and also because of the removal of
forests. Future projections are that, in the absence of controlling factors, the rate
of increase in atmospheric carbon dioxide will accelerate and that its atmospheric
concentration will double from its pre-industrial value well within the next
hundred years. (Houghton 18)
As scientists project the increased amount of carbon dioxide in atmosphere, one would
naturally conclude that the temperature as a result would rise. However, there is dissent
among the scientific community over the existence of an enhanced greenhouse effect.
Complete! y accurate tools to measure the increase the temperature of the entire planet are
nonexistent, although a general estimate conveys
that temperatures in recent years are about a half a degree Celsius (about one
degree Fahrenheit) higher than the average temperatures of a century ago. But we
don't know why. We can't unambiguously claim, thereby convincing ourselves or
anyone else, that this observed warming of the surface of the Earth is due to the
enhanced greenhouse effect, either entirely or in part. Although the temperature
rise is consistent with the greenhouse theory, it's not convincing evidence in
suppon of it. (Somerville 44)
Thus, although one can make very strong claims that air pollution direct! y affects the
increase in temperature of the greenhouse effect, it is scientifically inconclusive. The
greenhouse effect serves a bittersweet purpose, as it allows life to be nurtured, but it may
be responsible for changes that endanger it as well.
3 Gustavus Student Repository
Ozone Layer
The ozone layer protects life from harmful radiation before it enters into the
stratosphere. Ozone stretches in multi-layers throughout the stratosphere and is
distributed unevenly. Concentrated at various elevations and over various positions of
the globe, ozone affects the temperature of the stratosphere and is shifted by the wind
(Somerville 7). Although a form of oxygen, ozone is actually rare yet serves an
important purpose:
Ozone has been present for billions of years. It appears to have been essential to
the formation and evolution of life on Earth, because of its role in shielding the
surface of the planet from harmful ultraviolet solar radiation. There apparently
was no life on the continents before there was an ozone layer. (Somerville 6)
Ozone is required for the ensured existence of life on the planet.
However, despite the importance of ozone to life, there is less ozone in the
stratosphere today than there was a few decades ago (Somerville 12). There are many
pollutants that are responsible for the destruction of ozone. Chlorofluorocarbons, or
CFCs, are used as solvents for cleaning parts in the electronics industry, cooling fluid in
most automobile air conditioners, and refrigerators (Somerville 13). According to
Somerville, there exist millions of tons of CFCs that have been produced (13). Although
tetraethyl lead and CFCs are being banned due to the destruction of ozone, the industry
has thrived for decades. CFCs threaten the few ozone molecules that exist: "Our
understanding of the ozone hole today is that it's caused mainly by the catalytic effect of
chlorine, which gets into the atmosphere in the form of CFCs" (Somerville 21). CFCs
become a threat when old refrigerators are discarded and leak the dangerous molecules
and when the refrigerant in automobile air conditioners escapes, among other processes
(Somerville 18). Numerous different compositions of CFC molecules are in existence,
4
Gustavus Student Repository
none of which occurs naturally (Somerville 17). CFC-11 is a refrigerant and was used in
aerosol cans. Those that include Freon are banned due to the destructive nature. CFC-12
is used in aerosols, refrigerants, and air conditioners (Somerville 17). CFC-13 is used as
a solvent for the electronics industry (Somerville 18). With a variety of CFCs that
similarly alter the molecules in ozone to create oxygen, albeit to differing degrees, the
ozone layer is consequently depleted.
As CFCs threaten to alter the chemical composition of the stratosphere, a similar
danger exists with the release of halons. Halons, as used in fire extinguishers, have
negative implications for the existence of ozone as it introduces bromine into the
stratosphere: "bromine has an even greater potential for the destruction of ozone than
does chlorine. In fact, molecule for molecule, halons are ten times more powerful ozone
destroyers than CFCs" (Somerville 25). The reduction of the ozone layer can be directly
attributed to the actions of humans.
Evidence of such ozone depletion in the stratosphere is found in Antarctica.
According to the estimations of a group lead by Joseph Farman of the British Antarctic
Survey in 1981, "Half of the ozone in the southern stratosphere over Antarctica simply
disappeared in the spring and then reappeared again" (Somerville 20). The percent of
ozone that decreases only to increase again in relation to the total amount in the
stratosphere is considerable. The findings of the Farman group are further supported by
those of the National Aeronautics and Space Association with the launch of Nimbus 7 in
1978. With the Total Ozone Mapping Spectrometer aboard the Nimbus 7, NASA is able
to substantiate the assertion that the ozone level is depleting. The depletion of ozone in
Antarctica exemplifies the harmful nature of CFCs:
5 Gustavus Student Repository
Our understanding of the ozone hole today is that it's caused mainly by the
catalytic effect of chlorine, which gets into the atmosphere in the form of CFCs.
The CFCs are gradually mixed globally in the atmosphere and may take decades
to reach the stratosphere. Once there, they're decomposed by ultraviolet sunlight,
releasing the chlorine that eventually begins attacking the ozone. Initially,
however, the released chlorine forms relatively stable compounds with hydrogen
and nitrogen. (Somerville 21)
The effects of CFCs do not materialize instantly. Rather, the influence of CFCs in the
stratosphere is manifested over an inconsistent period. Antarctica provides the ideal
environment for the reduction of ozone. The polar stratospheric cloud (PSC) is
instrumental in the process of chlorine breaking down ozone. The frigid temperature of
the Antarctic region facilitates the PSC process. The temperature of water vapor present
in the lower stratosphere is reduced and induces the PSC:
. . . PSCs can form from nitrogen compounds and water. The tiny ice crystals in
these PSCs provide the sites on which chlorine is liberated from its less reactive
forms. The resulting molecular chlorine (CL2) is itself quickly decomposed by
ultraviolet sunlight, freeing up atomic chlorine (CL), which is the catalytic culprit
in destroying ozone. (Somerville 21)
The cold temperatures present in the Antarctic foster the breakdown of ozone in direct
relation to CFCs through the PSC process (Somerville 20-22).
Another distinguishing attribute leaves Antarctica particularly susceptible to the
decrease of ozone levels: a vortex of winds that circulate every winter. The vortex
isolates a large body of air, providing the right situation for the destructive chemical
elements to alter ozone. The end of winter ushers in the discontinuation of the isolating
affect of the vortex. However, the long-term effects are as of yet inconclusive as each
year differs from the previous:
We don't know whether the depletion process will become more intense, because
so many things are changing. But as the CFC concentrations continue to increase,
the abundance of chlorine in the atmosphere will also increase. And if sufficient
chlorine accumulates in the stratosphere, the winter depletions of Antarctic ozone
6 Gustavus Student Repository
could become so severe that ozone levels might not recover in spring.
(Somerville 22)
Potential future consequences of the depletion of ozone in the stratosphere, particularly
that observed over Antarctica is considerable. It is speculated that the increase of CFCs
over Antarctica will lead to further degradation of ozone levels.
However persuasive the data that attributes the decrease of ozone to the increase
of CFCs in the stratosphere may be, there exist rationales to contest such assertions. The
contention that the Earth exists in a state of constant change challenges the notion that air
pollution is attributable to the decline of ozone. Science has yet to evolve to a level to
fully comprehend the sporadic cycles of the planet. Such cycles, however, maintain a
balance:
And it's true that on balance-at least in recent years-there are at any given time
about 3 billion tons of ozone in the atmosphere. In a given year, about a third of it
cycles through the processes of creation and destruction; that is, about 1 billion
tons are created and 1 billion tons are destroyed, yielding an approximate
equilibrium. (Somerville 29)
According to such a balance, the majority of scientists that attribute the reduction of
ozone to air pollution are prematurely and incorrectly assigning blame to the producers of
CFCs and other chemicals that alter the components of the stratosphere.
Human Health
Air pollution negatively affects the health of contemporary society. The health of
humans is directly related to the release of air pollution. According to Dade Moeller,
estimates "suggest that up to 8 percent of Americans suffer from chronic bronchitis,
emphysema, or asthma either caused or aggravated by air pollution" (78). The health of a
number of people reflects the air quality in society. The level of air pollution has
7
Gustavus Student Repository
implication for society as a whole: "The costs to society are enormous: a lower quality of
life for the affected individuals, shorter life spans, and less productivity and time at work"
(Moeller 78). The relation of air pollution to human health is significant.
Air pollution in relation to the effect on human health is dependent upon the
amount consumed by the body. Moeller expands: ''The intake of pollutants into the lungs
and retention at potential sites of injury depend upon the physical and chemical properties
of the pollutant as well as the extent of activity of the subject exposed" (78). Air
pollution can have a wide variety of implications for human health. Among the defining
factors: "The ease of entry and the sites for deposition of particulates are heavily
influenced by their aerodynamic size and the anatomy of the space through which they
are moving" (Moeller 78). Not all air pollution affects human health in the same way.
Air pollution can be categorized according to the impact on human health.
Moeller depicts the influence of various elements commonly found in air pollution:
Carbon Monoxide enters the bloodstream and reduces oxygen delivery to the
body's organs and tissues. The health threat is most serious for those who suffer
from cardiovascular disease, particularly people with angina or peripheral
vascular disease. Exposures to elevated carbon monoxide concentrations are
associated with impairment of visual perception, work capacity, manual dexterity,
learning ability, and performance of complex tasks.
Lead accumulates in the blood, bone, and soft tissues. Because it is not readily
excreted, it also affects the kidneys, liver, nervous system, and blood-forming
organs. Excess exposure may cause neurological impairments such as seizures,
mental retardation, and/ or behavioral disorders.
Nitrogen dioxide can irritate the lungs and lower resistance to respiratory
infections such as influenza. Although the effects of short-term exposure are not
yet clear, continued or frequent exposure to high concentrations causes increased
incidence of acute respiratory disease in children. Nitrogen oxides are also an
important precursor of both ozone and acidic precipitation, and may affect both
terrestrial and aquatic ecosystems.
8 Gustavus Student Repository
Ozone damages lung tissue, reduces lung function, and sensitizes the lungs to
other irritants. Scientific evidence indicates that ambient levels of ozone not only
affect people with impaired respiratory systems, such as asthmatics, but healthy
adults and children as well. In addition, ozone is responsible for several billion
dollars of agricultural crop loss in the United States each year.
Airborne particulates can lead to respiratory symptoms, aggravate existing
respiratory and cardiovascular disease, alter the defenses of the body against
foreign materials, damage lung tissue, and produce latent cancers and premature
mortality. The subgroups of the population that are likely to be most sensitive to
the effects of particulate matter include individuals with chronic obstructive
pulmonary or cardiovascular disease.
Sulfur dioxide, at high concentrations, affects breathing and produces respiratory
illness, alterations in the defenses of the lungs, and aggravation of existing
respiratory and cardiovascular disease. Subgroups of the population that are most
sensitive to this pollutant include asthmatics and individuals with cardiovascular
disease or chronic lung disease, as well as children and the elderly. (81-82)
Depending upon the specific pollutant, air quality has significant effects on human health.
As carbon monoxide, lead, nitrogen dioxide, ozone, airborne particulates, and sulfur
dioxide differ in chemical composition, the elements vary in consequences for human
health.
The amount of time of exposure has implications for human health. Air pollution
can have either an acute or chronic effect on human health (Philp 95). Acute effects are
depicted as:
Short-term exposure to hazardous levels of air pollutants may result in irritation to
the eyes and the respiratory tract. Populations at high risk include the very young
and the elderly, whose respiratory and cardiovascular systems are not fully
functional, people with asthma, emphysema, heart disease, and heavy smokers.
(Philp 95)
Although exposure to air pollution may be brief, the consequences could be serious
depending upon the health of each respective individual. Chronic effects are far more
dangerous to the health of humans: "Long-term exposure to lower levels of pollution may
result in, or aggravate, chronic bronchitis, pulmonary emphysema, bronchial asthma and
9 Gustavus Student Repository
lung cancer" (Philp 95). Regardless of the type of exposure a human encounters, air
pollution in general is damaging to good health.
With the depletion of ozone, air pollution results in the increase of skin cancer.
According to the studies of E. L. Scott and M. L. Straf:
McDonald drew attention to the increase in skin cancer that could be expected to
result from the increase in UV radiation due to the depletion of the protective
ozone layer in the stratosphere by reactions with emissions of high-flying
airplanes. (529)
Since the attention that McDonald brought to the increase of ultraviolet radiation in 1971,
many more air pollutants in addition to airplanes have been discovered that deplete the
stratospheric ozone layers (Scott and Straf 529). The increase of ultraviolet radiation due
to the decrease of ozone has a negative impact on the rate of cancer, "The association is
strong between the flux and the incidence rates of skin cancer, for melanoma and also for
nonmelanoma, for both sexes, and for all age groups" (Scott and Straf 535). Therefore,
the increase of air pollution results in the increase of the threat of
Revisiting the Tenth Amendment: The Truth and Falsehood of Attributing the Reopening of Dual Federalism to the Rehnquist Court
No full textFederalism has been a major issue throughout the history of the United States. Federalism is the separation of powers between two sovereign bodies. In the United States these two bodies are the states and the federal government.
The issue of federalism has many smaller issues included within it. The first issue is the need/desire for a strong federal government. The second issue that arises is whether or not the Constitution is a compact between the states, or a compact between the people. A third issue is whether the state governments or the federal government will be more likely to become tyrannical.
The problem with federalism today is that it is still an issue. Events such as the Civil War and the New Deal appeared to have answered the question of federalism for all time. These events demonstrated that the federal government is, and should be, supreme. However, the issue of states rights has never disappeared.
The Rehnquist Court is often attributed with reopening the issue of federalism, and more specifically the Tenth Amendment. This is not the case. The Tenth Amendment, once believed to be "merely a truism" enjoyed a new birth during the Burger Court, not the Rehnquist Court. The belief that New York v. United States in 1992 reopened the door to States rights is wrong, and by looking at decision from the 1970's and 1980's it is easy to see that this rebirth of dual federalism was already well established by the time New York was decided. Before we can look at how the Supreme Court has returned to a dual federalism stance it will be helpful to look at how we came to have the system that we had in the 1970' s when National League of Cities, the true break, was decided.Revisiting the Tenth
Amendment
The Truth and Falsehood of Attributing the
Reopening of Dual Federalism to the Rehnquist
Court
"The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or to the
people."
John Stevens
Senior Thesis
Gustavus Adolphus College
Political Science Department
Gustavus Student Repository
1
Chapter One
Introduction
Federalism has been a major issue throughout the history of the United
States. Federalism is the separation of powers between two sovereign
bodies. In the United States these two bodies are the states and the federal
government.
The issue of federalism has many smaller issues included within it.
The first issue is the need/desire for a strong federal government. The
second issue that arises is whether or not the Constitution is a compact
between the states, or a compact between the people. A third issue is
whether the state governments or the federal government will be more
likely to become tyrannical.
The problem with federalism today is that it is still an issue. Events
such as the Civil War and the New Deal appeared to have answered the
question of federalism for all time. These events demonstrated that the
federal government is, and should be, supreme. However, the issue of
states rights has never disappeared.
The Rehnquist Court is often attributed with reopening the issue of
federalism, and more specifically the Tenth Amendment. This is not the
case. The Tenth Amendment, once believed to be "merely a truism"
1
enjoyed a new birth during the Burger Court, not the Rehnquist Court.
The belief that New York v. United States in 1992 reopened the door to
Gustavus Student Repository
2
States rights is wrong, and by looking at decision from the 1970' s and
1980's it is easy to see that this rebirth of dual federalism was already
well established by the time New York was decided. Before we can look at
how the Supreme Court has returned to a dual federalism stance it will be
helpful to look at how we came to have the system that we had in the
1970' s when National League of Cities, the true break, was decided.
The Supreme Court's Role in Federalism
Throughout U.S. history it has been the job of the Supreme Court to
decide these issues. This role of judicial review, and constitutional
interpretation, was not included in the Constitution, but was strongly
established in the case of Marbury v Madison 1803. As a result, the fate
of federalism lies in the hands of a branch of the federal government.
Does this present a problem? It could be assumed that because the federal
government gets the final say in federalism disputes that the federal
government would always win these disputes. This has not been the case.
At times in U.S. history the Supreme Court has ruled that the federal
government has overstepped its bounds; examples of this are Schechter
Poultry Corp. v U.S. 1935
2
, and the more recent cases of Printz v U.S.
19973 and U.S. v Morrison 20004. The other reason that the Supreme Court
1
United States v. Darby Lumber 312 U.S. 100 (1941)
2 A.L.A. Schechter Poultry Corporation v. United States
295 U.S. 495 (1935)
3 Printz, Sheriff/Coroner, Ravalli County, Montana v. United States 000 U.S. 95-1478 (1997)
Gustavus Student Repository
3
is the final say in Constitutional debates is that there is no other available
option, short of another Constitutional Convention. The Supreme Court is
the highest court in the land, and the idea of another Constitutional
Convention is not one that is considered highly or likely.
The Desire for a Strong Federal Government
When the founding fathers gathered in Philadelphia to amend the Articles
of Confederation they had a major problem on their hands. As the union
existed the federal government was too weak. Aside from the obvious
weaknesses apparent in the Articles: the necessity of the federal
government to tax, establish a militia, etc, there was an underlying
problem. Under the Articles of Confederation the federal government, in
Alexander Hamilton's words, possessed no power whatsoever.
"Government implies the power of making laws. It is essential to the idea
of a law, that it be attended with a sanction; or, in other words, a penalty
or punishment for disobedience. If there be no penalty annexed to
disobedience, the resolutions or commands which pretend to be laws will,
in fact, amount to nothing more than advice or recommendation."5 The
way the Articles were written the federal government could not enforce
certain laws it passed, and because it could not enforce some laws, it
could not, in actuality, enforce any laws. The result of this lack of
4 United States v. Morrison
000 U.S. 99-5 (2000)
Gustavus Student Repository
4
enforcement power was a constant state of 'war' between the individual
states themselves, and the national government and the states.
A Compact Among States, or a Compact Among People
Many people who favor state sovereignty feel that the Constitution was
written as an agreement between the thirteen states to come together. In
fact this was the position of the Anti-Federalists. The case can be made
that the Constitution was not in fact a gathering together of the states, but
was instead a gathering together of the people in one unified government.
The biggest source of support for this is the preamble of the Constitution.
"We the People of the United States, in Order to form a more perfect
Union, establish Justice, insure domestic Tranquility, provide for the
common defense, promote the general Welfare, and secure the Blessings
of Liberty to ourselves and our Posterity, do ordain and establish this
Constitution for the United States of America."
6
The preamble states that
the Constitution is a gathering together of the people of the United States,
not an agreement between the several states.
Tyranny; Which Level of Government Is More Likely to Abuse
Power
Why has government been instituted at all? Because the passions of men
will not conform to the dictates of reason and justice, without constraint.
Has it been found that bodies of men act with more rectitude or greater
disinterestedness than individuals? The contrary of this has been inferred
5 The Federalist Papers Number 15
6 Preamble, United States Constitution
Gustavus Student Repository
5
by all accurate observers of the conduct of mankind; and the inference is
founded upon obvious reasons. Regard to reputation has a less active
influence, when the infamy of a bad action is to be divided among a
number than when it is to fall singly upon one. A spirit of faction, which
is apt to mingle its poison in the deliberations of all bodies of men, will
often hurry the persons of whom they are composed into improprieties and
excesses, for which they would blush in a private capacity. 7
One of the most divisive issues between the Federalists and the
Anti-Federalists was tyranny. The Federalists believed that tyranny could
be avoided by having a national democratic government that would watch
out for people throughout the country, and that would not be subject to
the whims of a small faction. The Federalists believed that the state
government were to susceptible to the whims of the majority, and that on
a national level the majority of any one state would represent a minority
of the national population. The Anti-Federalists on the other hand
believed that tyranny would stem from the national government because
the national government would not be as close to the people. The AntiFederalists
saw the state government as the holdout of democracy because
of the proximity and the responsiveness of the state government to the
people.
Hamilton, in the quote at the beginning of this section, points out
that men will naturally become tyrannical. He feels that the natural
passion of men is to take as much power as possible. The way to avoid
this according to the Anti-Federalists is to bring these men together in
state governments. However, as Hamilton points out this bringing of like-
7 The Federalist Papers Number 15
Gustavus Student Repository
6
minded passionate men together does not prevent them from becoming
tyrannical, in fact it allows them to become more tyrannical. The way to
avoid tyranny is to bring together passionate men of all different
backgrounds. At the time of the writing of the Constitution this meant
bringing together white men of property from all parts of the nation.
Today this means bringing together men and women of all races to ensure
that the majority does not impinge on the rights of the minority. When the
nation as a whole is represented the issues that are most important to any
one state do not take precedent over the general well being of the entire
nation.
Gustavus Student Repository
7
Chapter Two
The issue of federalism, and thus the Tenth Amendment has seen
many changes over the years. The Supreme Court has alternated between
cooperative federalism, where the federal government is supreme, and
dual federalism where the states enjoy more power. Beginning with the
New Deal legislation, and the failed court-packing plan
8
, the Supreme
Court has taken a cooperative approach to federalism. Beginning with US
v. Darby9
, the Supreme Court ruled that on issues of federalism the
national government would be given the benefit of the doubt. There was
very little judicial opposition to this approach until the mid- l 980s when
the Supreme Court began to move again towards dual federalism.
National League of Cities
10 197 6
In 1974 the Fair Labor Standards Act was amended in order to
extend minimum wage and maximum work hour regulations to virtually all
state and local employees. A number of cities and states challenged that
amendments as a violation of the Tenth Amendment. The majority of the
Court agreed, and stuck down the Act. Justice Rehnquist writes, "this
congressionally imposed displacement of state decisions may substantially
8
President Roosevelt's court packing plan consisted of adding a new 'junior' Justice to the Supreme Court
for every Justice over the age of 70. This would have increased the Court to fifteen members, and made the
majority of the Court favorable to New Deal legislation. The Court began taking a more lenient approach to
federalism after President Roosevelt's announcement of the plan, and the plan was dropped.
9
United States v. Darby Lumber 312 U.S. 100 (1941)
10 National League of Cities v. Usery 426 U.S. 833 ( 1976)
Gustavus Student Repository
8
restructure traditional ways in which the local governments have arranged
their affairs." 11
Rehnquist goes on to establish the "traditional government
function" test, that stood as federalism law for some time. There are three
requirements that a claim against federal commerce power legislation
must satisfy in order to pass this test. First: the statute must regulate the
"States as States." Second the statute must address matters that are
indisputably "attribute[s] of state sovereignty." Thirdly the decision of a
state to comply with the law must impair their ability "to structure
integral operations in areas of traditional governmental functions. " 1 2
"If Congress may withdraw from the States the authority to make
those fundamental employment decisions upon which their systems for
performance of these functions must rest, we think there would be little
left of the State's 'separate and independent existence. "'13 Rehnquist
backs this belief on the idea that sovereignty must be preserved in every
aspect of federalism. If state sovereignty is allowed to fall in some areas,
it will necessarily fall in others given time.
Justice Brennan's dissent with the opinion begins to demonstrate
how divided the Court will become on the issue of State's rights. Within
the first two pages of his dissent Brennan asserts that: my Brethren thus
have today manufactured an abstraction without substance, founded
11
426 U.S. 833 p. 8
12
426 U.S. 833
13 426 U.S. 833 p. 9
Gustavus Student Repository
9
neither in the words of the Constitution nor on precedent." 14 In fact,
Brennan claims that the majority is overlooking the fact that Congress
was enacting a regulation regarding 'commerce' and that by striking it
down the Court is reneging on a well-established line of decisions and
Jaws. The basis for this overruling of precedent and Jaw is according to
Brennan an: "ill-conceived abstraction [that] can only be regarded as a
transparent cover for invalidating a congressional judgment with which
they disagree." 15 This idea of Judicial restructuring of the government is
continued later in the dissent when Brennan accuses the majority of
restructuring the government to fit it's (the Court') idea of what the
government should look like.
Justice Stevens' dissent is a little different from Brennan's. Where
Brennan attacks the Court' s decision directly, Stevens takes a much
broader approach. Stevens states that in the area of commerce there is no
limitation on the powers of the federal government, and that the
majorities attempt to distinguish between essential and non-essential
functions of the state government is unworkable and poorly thought out.
Hodel V. Virginia Surface Mining16 198 1
This case stems out of a 1977 act that was designed to protect
society and the environment from the adverse effects of surface coal
14
426 U.S. 833 Brennan dissent p. 14
15
426 U.S. 833 Brennan p. 16
Gustavus Student Repository
10
mining. In this case the majority found that the specific parts of the act
challenged under the Tenth Amendment did not constitute an overstepping
of its bounds by Congress. The Act was found not to be in violation of the
test established by National League, because it failed to regulate that
States as States, the first prong.
"Nothing in the Tenth Amendment shields the States from preemptive
federal regulation of private activities affecting interstate
commerce."17
Basically the claim of the states that they are being
overridden is denied because the law regulates businesses normally
subject to federal regulation.
The Rehnquist concurring opinion is intriguing. He begins with the
statement that "it is illuminating for purposes of reflection, if not for
argument, to note that one of the greatest 'fictions' of our federal system
is that the Congress exercises only those powers delegated to it, while the
remainder are reserved to the States or to the people. " 18 This
"illuminating" little "fiction," becomes a standpoint for Rehnquist.
Transportation Union v. Long Island Rail 1982 19
In 1966 the state of New York acquired the respondent railroad,
which had been privately owned up till that time. In 1979 labor
16 Hodel v. Virginia Surface Mining and Reclamation Association 452 U.S. 264 (1981)
17 452 U.S. 264 p. 11
18 452 U.S. 264 Rehnquist opinion p. 25
19 Transportation Union v. Long Island Railroad Company, 455 U.S. 678 (1982)
Gustavus Student Repository
11
negotiations with the Transportation Union failed to reach results, and
after a 30-day cooling off period the Union intended to strike. However,
before the strike could begin, in anticipation of a movement by New York,
the union filed for declaratory judgment claiming that the railroad's
employees were covered by the Railway Labor Act20
; not New York's
Taylor Law
21
. The question presented to the Supreme Court was whether
or not the Railroad represented an essential state function, and if so,
whether compliance with the congressional regulation would directly
impair the ability of New York State's governmental functions. Chief
Justice Burger wrote the decision of the Court.
Burger begins by asserting that railroads are not a historical state
function. Because railroads are not a traditional state function, New York
cannot avoid federal regulations by taking control of the railroad. "Just as
the Federal Government cannot usurp traditional state functions, there is
no justification for a rule which would allow the states, by acquiring
functions previously performed by the private sector, to erode federal
authority in areas traditionally subject to federal statutory regulation22
."
Burger claims that it would be as much a violation of the Tenth
Amendment for the states to take control of federally regulated fields, as
it would for the federal government to take control of state regulated
fields.
20
The Railway Labor Act provides for negations, followed by a 30-day cooling off period, after which ti me
railroad employees can legally strike.
21 The Taylor Law makes is illegal for public employees to strike.
22 455 U.S. 678 p. 5
Gustavus Student Repository
12
This case presents an interesting take on the Tenth Amendment and
the issue of federalism. While it is generally assumed that strengthening
the Tenth will give more power to the states, this is not always the case.
As previously stated, the Tenth works both ways. It ensures that the states
retain their rights, and it ensures that the federal government retains its
rights.
FERC v. Mississippi
23 1982
The Public Utilities Regulatory Policies Act (PURP A) was adopted
in 1978 in an attempt to combat the nation-wide energy crisis. Titles I and
III of the bill, the titles later challenged, direct state utility commissions
to consider specific rate design and regulatory standards, and requires
commissions to follow certain guidelines when acting upon federal
standards. The sections were challenged as violation of state sovereignty.
The PURPA was upheld on the grounds that the 'mandatory' aspects do
not compel legislative actions, and because the field was held to be preemptible
by the federal government.
Justice Blackmun, in the majority opinion, makes an interesting
claim. While the case is similar to National League, and some others, it is
also fairly different. This is the first time that the Court has had to hear a
case involving the federal government using state regulatory machinery to
advance a federal goal. The federal government is able to pre-empt the
Gustavus Student Repository
13
states on this issue because it does so in the usual way (9). Later in the
opinion Blackmun writes that because: "Congress could have pre-empted
the field, at least insofar as private rather than state activity is concerned;
PURPA should not be invalid simply because, out of deference to state
authority, Congress adopted a less intrusive scheme and allowed the
States to continue regulating in the area on the condition that they
consider the suggested federal standards. "24 Basically Blackmun wants to
get across that Congress could have removed the whole area from State's
control. Instead, they chose to leave the field with the States, but they
have requested that the States look at federal standards. If the States
decide to implement federal standards, then they are required to follow
the guidelines that accompany the standards.
Justice Powell concurring and dissenting in parts. The statutes
involved in PURPA do violate the Tenth Amendment. Quotes Professor
Tribe, p. 19 and states that if allowed to continue the federal government
will slowly erode the rights of states.
Justice O'Connor attacks the decision by stating that the PURPA
regulations address the "States as States" and are thus invalid. O'Connor
points out an absurdity in the majorities opinion. "Under the Court's
analysis, for example, National League of Cities v. Usery, would have
been wrongly decided, because the States could have avoided the Fair
Labor Standards Act by 'choosing' to fire all employees subject to the Act
23 FERC v. Mississippi 456 U.S. 742 (1982)
24 456 U.S. 742 p. 11
Gustavus Student Repository
14
and to close those branches of state government." 25 O' Connor logically
follows through with the statement that dismembering the State
government is hardly an adequate solution to the problem of the Tenth
Amendment.
EEOC v. Wyoming 198326
In 1974 the Age Discrimination Act of 1967 was expanded to
include state and local governments27. After he was involuntarily retired
at age 55, a Wyoming supervisor for the Wyoming Game and Fish
Department filed a complaint with the Equal Employment Opportunity
Commissio n alleg
Health Care in the United States: No Longer a Commodity
No full textIt is clear that some type of sweeping reform is needed in the United States health care system in order for it to be successful in the future. Health care can no longer be treated as a commodity, sold to the highest bidder. It is time for us to take a stand for such a fundamental right and advocate the switch to a single-payer, National Health Insurance system.Health Care in the United States:
No Longer a Commodity
Brian Buffie
Political Science Senior Thesis
12/17/03
Gilbert
Gustavus Student Repository
Section:
Introduction
The Canadian System
History
Table of Contents
The Canada Heath Act of 1984
Definitions
Federal vs. Provincial or Territorial
Components of the Canada Health Act
Why is the CHA So Important to the United States?
Universal Health Care in the United States
Principles Behind National Health Insurance
National Health Insurance Components
Concerns About Single-Payer and NHI
Conclusion
Bibliography
Page:
1
2
3
4
5
8
10
18
19
21
24
28
32
34
Gustavus Student Repository
Gustavus Student Repository
2
The Canadian System
The employment based, privately funded, individually insured nation that
Americans have long grown accustomed to is unique to the United States. Our
large neighbor to the north may look upon our system with disgust and confusion
as many proponents of a U.S. system more like theirs look upon it. According to
Health Canada, a federal department in charge of enforcing health regulations,
developing health policy, and promoting healthy lifestyles for all Canadians,
Canada's health care system is predominantly funded by public money. Its
administration and goals are accomplished through thirteen interlocking
provincial and territorial health insurance plans. These thirteen different systems.
are linked through the national principles set by the federal government with the
help of Health Canada. These principles are similar to what we might call a
mission statement and can also be found on the Health Canada website. The
mission of the Canada Health Act (today's system) is "to ensure that all eligible
residents of Canada have reasonable access to medically necessary insured
services on a prepaid basis, without direct charges at the point of service." 2 This
mission statement brings up many questions like who is eligible and what is
reasonable access? Both questions will be addressed later in this section but
first a historical look of the Canadian system will help set the basis for answering
these questions.
2 Health Canada website (www.hc-sc.gc.ca/enqlish/care/index.html) Updated 4/29/03.
Gustavus Student Repository
3
History
In one form or another, the Canadian health care system as we know it
has been around since 1947 when Saskatchewan introduced the first form of
publicly funded universal hospital insurance. The British North American Act of
1867 placed responsibility for administration and financing of hospitals on the
individual provinces and territories and established the basis for this system.1 In
1958, the Canadian government passed the Hospital and Diagnostic Service Act
under which the cost-sharing program for hospital insurance covered all
provinces and territories by 1961. In 1962, Saskatchewan once again led the
way by publicly insuring doctor's services outside of hospitals. This was followed
in 1966 by the federal government when they passed the Medical Care Act that
introduced another cost-sharing plan, financing those physician services
occurring outside of hospitals. Six years later, by 1972, all provinces and
territories were participating in this program.3
The health care system was once again changed in 1974 with the release
of a report calling for altering of the entire health care system's focus. The
report, A New Perspective on the Health of Canadians, authored by then federal
health minister Marc Lalonde, wanted the system to focus on the broad
determinants of overall health and switch to preemptory practices including
health promotion. This report has had a long lasting effect on the system and it
3 Health Care in Canada 2002, Report from the Commission on the Future of Health Care in C
anada.
Gustavus Student Repository
4
is easy to see that it helped establish some of the principles behind the current
Canada Health Act.4
In 1977 the financial problems of the system were addressed by the
Established Programmes Financing Act that introduced a system of federal
transfers not directly tied to the costs of the provincial and territorial plans. All of
these previous acts and programs led to the formation and passing of the
Canada Health Act in 1984. This act set criteria and basic principles that the
provinces and territories must meet every year in order to receive their full federal
funding. Not only did this act hold all of the provinces and territories accountable,
it also outlawed all out-of-pocket charges for services covered under the act. In
1997, this act was further refined by consolidating the federal contributions to
health and social services into the Canada Health and Social Transfer (CHST),
streamlining the federal funding and reimbursement process.5
The Canada Health Act of 1984
The Canada Health Act (CHA) will be the primary focus of this section
because it is the current system in effect. It was passed in response to concerns
raised by a health services review undertaken in 1979 by Justice Emmett Hall. In
his review he found that "health care in Canada ranked among the best in the
4Health Care in Canada 2002, Report from the Commission on the Future of Health Care in C
anada.
5 Health Care in Canada 2002, Report from the Commission on the Future of Health Care in
Canada.
Gustavus Student Repository
5
world, but warned that extra-billing by doctors and user fees levied by hospitals
were creating a two-tiered system that threatened accessibility of care."6
A very useful definition of the CHA and the primary objective of Canadian
health care policy can be found on the Canada Health Act website:
The Canadian Health Act establishes criteria and conditions related to insured
health care services and extended health care services that the provinces and
territories must meet in order to receive the full federal cash contribution under
the Canada Health and Social Transfer (CHST). The Act sets out the primary
objective of Canadian health care policy: ' ... to protect, promote and restore the
physical and mental well-being of residents of Canada and to facilitate
reasonable access to health services without financial or other barriers.' 7
This primary objective seems very idealistic but if it were obtainable, it would be
beneficial in any nation or any social service department. If this idea of knocking
down barriers and equal treatment seems familiar in any way it is because the
same wording was used during the women's suffrage movement, the civil rights
movement, and is also contained in the equal protections clause of our
Constitution. This same idealism is the basis for adherence to the CHA by the
thirteen separate provinces and territories. Of course adherence is also tied into
the finances of each through the CHST but it is very clear that this system of
health care is value oriented and idealistic. In order to understand the CHA, we
have gathered a definition, the primary objective, and now we must look at the
CHA itself, beginning with key definitions within the definition itself.
Definitions
In order to achieve a full understanding of the Canada Health Act, there
are a few definitions that must be addressed individually and a few that will be
6 Canada Health Act website (www.hc-sc.gc.ca/datapcb/datahins/home.htm). Retrieved 10/22/03.
7 Canada Health Act website (www.hc-sc.gc.ca/datapcb/datahins/chaover.htm), Retrieved
10/22/03.
Gustavus Student Repository
6
taken up as this paper progresses. These include the types of services covered
by the act and the CHA's definition of an insured resident. First we must look at
the two types of medical services that are included in the definition of the CHA to
get a general understanding of the scope of its coverage. According to the CHA
website, these two types of services are: 1) insured health care services, and 2)
extended health care services.
The first type, insured health care services, is defined by the CHA as
"medically necessary hospital, physician and surgical-dental services provided to
insured persons."8 The services covered are broken into three more subcategories:
insured hospital services, insured physician services and surgicaldental
services. Insured hospital services are:
[M]edically necessary in- and out-patient services such as standard or public
ward accommodation; nursing services; diagnostic procedures such as blood
tests and x-rays; drugs administered in hospital; and the use of operating rooms,
case rooms and anesthetic facilities.9
The second category of services covered under insured health care services are
insured physician services. The CHA defines these as "medically required
services rendered by medical practitioners."5 The physicians working with their
provincial or territorial plans determine these services. The third and final
category of this type are insured surgical-dental services, which are "services
provided by a dentist in a hospital, where a hospital setting is required to properly
8 Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
www.hc-sc.gc.ca/datapcb/datahins/chaover.htm).
Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
(www.hc-sc.gc.ca/datapcb/datahins/chaover.htm).
Gustavus Student Repository
7
perform the procedure." 10 These three categories make up the insured health
care services defined in the CHA.11
The second type, extended health care services, is a much easier
category to understand but is just as important, as many medical expenses occur
outside of the hospital. The extended health care services as defined in the CHA
are "certain aspects of long-term residential care (nursing home intermediate
care and adult residential care services), and the health aspects of home care
and ambulatory services."12 These definitions of the two types of health care
services covered under the CHA are quite vague but it seems they are meant to
be this way to allow some leeway at the doctor's and provincial/territorial plan's
discretion. Now that the services covered by the CHA have been defined, we
must look at who is eligible for coverage.
The CHA defines an insured person as "a person lawfully entitled to be or
remain in Canada who makes his home and is ordinarily present in the province,
but does not include a tourist, a transient or a visitor to the province."13 This
definition is also vague as is the general custom for government legislation,
which again allows for some interpretation.
These definitions will prove to be key to achieving a full understanding of
the CHA. The boundaries or the scope of services and people covered are now
1° Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
\www.hc-sc.gc.ca/datapcb/datahins/chaover.htm). 1 Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
\www.hc-sc.gc.ca/datapcb/datahins/chaover.htm). 2 Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
\www.hc-sc.gc.ca/datapcb/datahins/chaover.htm). 3 Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
(www.hc-sc.gc.ca/datapcb/datahins/chaover.htm).
Gustavus Student Repository
8
clear and we can move on to looking at the roles each section of government
plays in the Canadian health care system.
Federal vs. Provincial or Territorial
Federalism, the division of power between state and federal governments,
is a continual source of tension in the United States. These powers are generally
defined in the Constitution but many are left to judicial interpretation and federal
legislation. In Canadian health care, questions of federal and provincial or
territorial responsibilities are outlined in the CHA. These are important to know
because they play a key role in understanding the scope of the CHA and to help
determine who is actually responsible.
The federal government plays more of a background role in the health
care system in Canada. Although it does not actually administer health care
services to the majority of Canadians, it plays many important roles in the
system. Its responsibilities include but are not limited to:
• Setting and administering national principles or standards for the health
care system through the CHA;
• Assisting in the financing of provincial health care services through fiscal
transfers [CHST];
• Delivering direct health services to specific groups including veterans,
native Canadians, persons living on reserves, military personnel, inmates
of federal penitentiaries and the Royal Canadian Mounted Police;
Gustavus Student Repository
9
• Fulfilling other health-related functions such as health protection, disease
prevention, and health promotion.
14
These responsibilities, though not always on the front line of health care, are
fundamental to the success of the CHA. The federal government has many
broad responsibilities while the specific responsibilities are included in the role of
the provincial and territorial health care plans.
The provincial and territorial health care roles include much more patient
related responsibilities and activities. These activities or responsibilities include
but are not limited to:
• Managing and delivering insured health services;
• Planning, financing, and evaluating the provision of hospital care,
physician and allied health care services; and
• Managing some aspects of prescription care and public health.15
It is important to remember that provincial and territorial governments are also
responsible for the planning and implementation of each of their individual health
care plans. The federal government gives them a roadmap in the form of the
CHA but each province or territory must determine the road that best fits that
region's needs.
These roles seem fairly clear but it is often the case that questions of
federalism come up in specific cases and it can often create conflict and
confusion for the public. A speech by Marie Fortier given to the Canadian
14 Health Canada Website, Health Care Section. (www.hc-sc.gc.ca/english/care/index.html),
Retrieved 10/22/03. Last updated 8/14/03. 15 Health Canada Website, Health Care Section. (www.hc-sc.gc.ca/english/care/index.html),
Retrieved 10/22/03. Last updated 8/14/03.
Gustavus Student Repository
10
Medical Association's Conference on Regionalization and Decentralization in
June 1995 addresses this same issue:
For many Canadians, federal and provincial responsibility for health is blurred;
polls in fact show that there is little general awareness of the divisions of
responsibility between governments ... While the provinces are the primary
deliverers of heal care, the federal government has a strong presence in the field
of health, and this presence is enshrined in the Constitution and in the practices
and pre cedents that have been established in the last forty years. 16
This quote highlights the key roles of the separate governments but also
emphasizes the confusion among the people most affected by the system. The
specifics of these roles would require endless explanation so for our purposes
the above definitions give us a solid understanding of the general roles that each
government plays in the CHA. With this understanding we can get into more
specifics of the CHA including the criteria and principles included within.
Components of the Canada Health Act
The CHA is the backbone of the Canadian health care system and it
shows the Canadian government's commitment to universal health insurance.
The CHA was designed to give all eligible residents coverage and accessibility to
medically necessary services while promoting good health and a healthy lifestyle.
In order to create one congruent system over thirteen different provinces and
territories, the CHA was created with nine requirements that the plans must meet
in order to receive their full federal funding. These nine requirements are five
program criteria that apply to insured health care services, two conditions that
Gustavus Student Repository
11
apply to both insured health care services and extended health care services,
and two provisions regarding extra-billing and user charges that apply to insured
health care services.17 The principles of universality, comprehensiveness,
accessibility, and portability in a publicly administered health care system are
what drive the CHA and the Canadian health care system. Their importance can
best be summed up in an excerpt from a speech given by Federal Health
Minister Ray Romanow in 2002:
The principles of the Canada Health Act began as simple conditions attached to
federal funding for Medicare. Over time, they became much more than that.
Today, they represent both the values underlying the health care system and the
conditions that governments attach to funding a national system of public health
care. The principles have stood the test of time and continue to reflect the values
of Canadians.18
Once again we see value-laden language being used to promote pride in their
health care system. These principles mentioned above were translated into the
five program criteria that guide each of the thirteen different programs in their •
respective provinces and territories. These five criteria, found in sections 8-12 in
the CHA, are the values or goals that each program must meet in order to
receive their full federal funding in the form of the CHST.
The first criterion found in section 8 of the CHA that health care programs
must meet is public administration of health care services. The specificity of the
language in this section makes it clear that this is a key feature to the Canadian
system:
16 Health Canada Website, "Understanding Canada's Health Care System," (www.hcsc.
gc.ca/hppb/healthcare/understanding.htm), Retrieved 10/22/03. Last updated 3/24/03. 17 Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
{www.hc-sc.gc.ca/datapcb/datahins/chaover.htm). 8 Roy J. Romanow, Q.C. November 2002
Gustavus Student Repository
12
[The administration section of the CHA ensure that all] provincial and territorial
health care insurance plans be administered and operated on a non-profit basis
by a public authority, accountable to the provincial or territorial government for
decision making on benefit levels and services, and whose records and accounts
are publicly audited.19
It is important that we highlight the fact that these services are administered by a
not-for-profit organization. This takes the pressure of increasing profit margins
off the doctors and administrators and makes the bottom line the patient's health
and not money. Also the transparency these organizations must operate with
seems to keep them accountable to the governments and the tax-paying people.
The second criterion found in section 9 of the CHA is that these programs
must be comprehensive in terms of their coverage of the insured health services
outlined above:
[The plans] must insure all insured health care services provided by hospital,
medical practitioners or dentists (i.e. surgical-dental services which require a
hospital setting) and, where the law of the province so permits, similar or
additional services rendered by other health care practitioners.2°
This section is not as specific as the last but for good reason. This allows the
insured health services the ability to change. Also it gives the provinces and
territories freedom to allow other health care practitioners where practical. In the
sparsely populated areas this may be the better alternative allowing more clinics
and offices rather than large hospitals in central locations that may limit
accessibility.
19 Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
www.hc-sc.gc.ca/datapcb/datahins/chaover.htm).
° Canada Health Act (1984), can be found in PDF form through the Canada Health Act website
(www.hc-sc.gc.ca/datapcb/datahins/chaover.htm).
Gustavus Student Repository
13
The third criterion, found in section ten of the CHA and arguably the spirit
of the system, is universa lity. In a universal system of health care, specifically
the Canadian one:
[A]II insured residents of a province or territory must be entitled to the insured
health services provided by the provincial or territorial health care insurance plan
on uniform terms and cond itions. 14
This is a fundamental feature of the system because it ensures that all eligible
residents are treated the same. This may seem quite familiar to many Americans
familiar with the Constitution. With such a similar mission of equality, it seems
odd that a similar system has not been adopted in the United States.
The fourth criterion, portability, is found in section eleven and is one of the
more specific categories of the CHA. This section deals with the issue of moving
or traveling residents. The Health Canada website gives a good summary
overview of this complicated section:
Residents moving from one province or territory to another must cont inue to be
covered for insured health care service by the "home" jurisdiction during any
waiting per iod imposed by the new province or territory of residence. After the
waiting period, the new province or territory of residence assumes responsibility
for health care coverage. Residents temporarily absent from their home province
or territory or from Canada, must continue to be covered for insured health care
services during their absence. The portability criterion does not entitle a person
to seek s
Marijuana Prohibition: An Evaluation of U.S. Drug Policy
No full textMarijuana prohibition and the drug control strategies that have been implemented have failed to curb marijuana use and have produced effects that are more harmful to both society and the individual than marijuana itself. While the United States has continued to pursue a policy of law enforcement and interdiction, other countries have sought a harm reduction and decriminalization approach to marijuana policy. Some countries have chosen to treat marijuana use as a public health concern rather than as criminal activity. The outcomes of this approach must be considered in the United States when marijuana reform is discussed for there are valuable lessons to be learned from the different approaches to marijuana policy. Marijuana policy in the United States is in desperate need of reform, but ignorance and lack of understanding have caused political discourse to reach a stalemate.Marijuana Prohibition:
An Evaluation of U.S. Drug Policy
Sara Dick
Political Science Thesis
Advisor: Chris Gilbert
5/21/01
Gustavus Student Repository
Gustavus Student Repository
Introduction
"Penalties against drug use should not be more damaging to an individual than
the use of the drug itself Nowhere is this more clear than in the laws against
possession of marijuana in private for personal use. '"
President Jimmy Carter, 1977
1
Marijuana policy in the United States has been a costly failure. Since the
criminalization of marijuana, the damages associated with marijuana use have increased
dramatically. Before the Marijuana Tax Acrof 1937, marijuana abtise was a miniinal,
neariy non-existent problem in the country. There was only a small demographic of
marijuana users, but as prohibition of marijuana was introduced, the number of marijuana
users began to climb.
Many drug reform experts have likened marijuana prohibition to the situation
created by alcohol prohibition in that; the prohibition of marijuana limits a citizen's right
to personal freedom, and the prohibition of marijuana has opened up an uncontrolled and
often violent black market where the substance cannot be regulated. The criminalization
of marijuana has led to even more effects that are adverse. The United States is now
faced with a justice system that is saturated ,vith marijuana cases, often for simple
possession, and a prison system that is bursting at the seams. In 1999 the National
Organization for the Reform of Marijuana Laws (NORML), estimated that a marijuana
smoker was arrested every 45 seconds and that 44 percent of all drug arrests were for
marijuana (Stroup, 10).1 People are under the assumption that marijuana laws have been
Gustavus Student Repository
relaxed and that people are rarely arrested for marijuana, however during Bill Clinton's
reign as president, the number of marijuana arrests doubled (Stroup, 11).
1n t.l:te last two decades, the American public has seen many politicians,
celebrities, and athletes come forward about their use of marijuana, though previous use
2
is often dismissed as a "youthful indiscretion. ,,u If smoking marijuana can be considered
a youthful indiscretion, then it does not seem logical to spend billions of dollars enforcing
a policy that places these indiscrete persons in jail. Law enforcement should deal \vith
crime and criminals, not indiscretions.
Marijuana prohibition and the drug control strategies that have been implemented
have failed to curb marijuana use and have produced effects that are more harmful to
both society and the individual than marijuana itself . While the United States has
continued to pursue a policy oflaw enforcement and interdiction, other countries have
sought a harm reduction and decriminalization approach to marijuana policy. Some
countries have chosen to treat marijuana use as a public health concern rather than as
criminal activity. The outcomes of this approach must be considered in the United States
when marijuana reform is discussed for there are valuable lessons to be learned from the
different approaches to marijuana policy. Marijuana policy in the United States is in
desperate need of reform, but ignorance and lack of understanding have caused political
discourse to reach a stalemate.
Many people agree that the current approach to marijuana policy has failed.
However, many are hesitant to make changes to current policy for fear that
decriminalization, harm reductioP or legalization will lead to a dramatic increase in
marijuana use, especially among children. While projecting the outcome of a shift in
Gustavus Student Repository
3
marijuana policy is difficult, understanding the effects that the current policy has had is
not. The current drug control strategy has not led to a reduction of the number of
marijuana users, nor has it prevented an increase in marijuana use among children. In
fact, surveys suggest that many children consider marijuana to be just as accessible, if not
more accessible than tobacco and alcohol.
Another problem facing marijuana policy reform is "reefer madness" attitude
towards cannabis. The dangers of marijuana smoking have been misrepresented and
greatly exaggerated. Many Americans still hold misconceptions surrounding marijuana
and its dangers to be true, although science has proven otherwise (Zimmer, 1997). Many
Americans do not believe that cannabis can have therapeutic uses, which science has also
shown untrue. The myth of marijuana has become so widely accepted that it is perhaps
the largest challenge to marijuana reform. Fear that reform might, "send the wrong
message," has prevented the use of cannabis as medicine and the use of hemp for
industrial fiber (Grinspoon, 1997; Herer, 1995; Conrad, 1994).
Marijuana is a drug that alters the state of consciousness and marijuana is not free
from dangers. However, there is a greater danger in ignoring the facts about cannabis
and closing off policy considerations because of that ignorance. There must be a
reevaluation of current marijuana policy. The harms of the current approach to marijuana
policy must be carefully examined and the potential effects of reform must be considered
with an open mind. A more responsible approach to marijuana policy may cultivate the
results society is seeking.
Gustavus Student Repository
4
Why Marijuana?
"If you took marijuana out of the equation, there would be little left of the drug war,
because there aren't many people in this country who use cocaine or heroin or other
drugs. But there are 70 million people who have used marijuana in this country and 17
million use it monthly now, according to federal surveys. "
Ira Glasser, Executive Director of the
American Civil Liberties Union (ACLU), 1999
Many of the issues addressed and critiques included in this paper apply to U.S.
drug policy in general. Therefore, it is necessary to address why this paper focused on
marijuana policy, rather than general U.S. drug policy. There are several reasons for the
marijuana specific focus.
• Marijuana is the one of the oldest and most morally persecuted illegal drugs.
Marijuana has been used as a political tool for decades, which has resulted in
a vast campaign of misinformation about the cannabis plant.
• There have been zero deaths attributed to the use of marijuana, which is not
true for all drugs.
• While it is possible to form a psychological dependence on marijuana, studies
have shown that marijuana is not physically addictive.
• Due to marijuana's classification as a Schedule I drug, the federal government
has denied claims of medicinal use of marijuana. Patients who use marijuana
are no guaranteed protection from federal law and have been incarcerated.
• Marijuana is the most popular illicit drug in America.
Due to the popularity of marijuana in America, some have argued that it will be
the first place where drug reform will occur. Author and filmmaker Mike Gray thinks
that prohibition of cannabis may eventually lead to sweeping changes in U.S. drug policy.
Gustavus Student Repository
In his book, Drug Crazy: How We Got Into this Mess and How We Can Get Out, Gray
wrote:
5
By demanding that cannabis be included in the sweep of absolute prohibition, the
drug enforcers may have overreached their grasp. They are now confronted \vith
a huge segment of the electorate that has had direct experience \vith marijuana.
Over seventy million Americans have taken at least a few drags, and while some
of them may not have inhaled, most of them did. When they failed to experience
the instant insanity that the authorities had promised, it was for many an epiphany
more powerful than the drug itself-the realization that the government makes
things up.
There are many reasons why this paper is focused on marijuana policy. Gray
certainly presents an intriguing insight to the state of marijuana today.
Marijuana
Definition and Pharmacology
According to the website for the Drug Enforcement Administration (DEA),
marijuana is the most prevalent illicit drug in America. Marijuana refers to "the leaves
and flowering tops of the cannabis plant (DEA, 2001 ). When the flowers and leaves of
the cannabis plant are dried, a tobacco like substance is produced. The potency of
marijuana varies "depending on the source and selection of plant materials used," (DEA,
2001). When "potency" is discussed in relation to marijuana, it usually refers to the
amount of THC (delta-9-tetrahydrocannabinol), the chemical thought to be responsible
for the psychoactive effects of the plant. The DEA website explains the pharmacology of
cannabis in the follo\ving manner:
Cannabis contains chemicals called cannabinoids that are unique to the cannabis
plant. Among the cannabinoids synthesized by the plant are cannabinol,
cannabidiol, cannabinolidic acids, cannabigerol, cannabichromene, and several
isomers of tetrahydrocannabinol. One of these, delta-9-tetrahydrocannabinol
Gustavus Student Repository
(THC), is believed to be responsible for most of the characteristic psychoactive
effects of cannabis.
6
According to the DEA, "marijuana is usually smoked in the form ofloosely rolled
cigarettes called joints or hollowed-out commercial cigars called blunts." The DEA's
website reported that cannabis is readily available anywhere in the United States,
specifically, marijuana can be found "throughout all metropolitan, suburban, and rural
areas of the continental United States."
In order for psychoactive effects to occur, the cannabis must be heated or
combusted to release the THC (DEA, 2001 ). While the THC may be released through
cooking, cannabis products are usually smoked. The DEA's website states that the
effects of THC "are felt within minutes, reach their peak in l 0 to 30 minutes, and may
linger for two to three hours." The DEA has found that light amounts of THC "induce a
sense of well-being and a dreamy state of relaxation, which may be accompanied by a
more vivid sense of sight, smell taste, and hearing as by subtle alterations in thought
formation and expression." Conversely, "high doses may result in image distortion, a
loss of personal identity, and fantasies and hallucinations," (DEA).
Historical Uses
According to Jack Herer's The Emperor Wears No Clothes, the cannabis plant has
had various uses throughout the history of civilization. Cannabis has been used for its
fiber, seeds, oil, therapeutic qualities, and psychoactive properties (Herer, 7-31).
Cannabis raised for its fibrous qualities, known as hemp, has been used in the making of
durable paper and fabric. The oil derived from hemp seed has been used as an energy
source, moisturizer, and dietary supplement. Cannabis has also been used for various
medicinal purposes, such as relief of menstrual cramps, back pain, arthritis, and stress
Gustavus Student Repository
(Herer, 37-9 and 63-5). Finally, various cultures and religions have used cannabis for its
psychoactive properties. Such cultures and religions include Shintoism, Hinduism,
Buddhists, and Rastafarians (Herer, 53 ).
Cannabis in America
7
Cannabis has been a battleground for many politicians seeking to advance their
careers and moral agendas. Before the early !900's, cannabis was given very little
attention. The cannabis sativa plant was more widely known for its agricultural and fiber
uses than for its ability to alter states of consciousness. However, as alcohol prohibition
was laid to rest, cannabis would come tobe understood ,mder rrtuth sinister terms (Gray,
70-85). Between 1914, when the Harrison Act was passed, and 1970, 55 federal laws and
hundreds of state laws were passed making the possession and the sale, the buying and
the selling of drugs for personal use a crime.
According to Grass, a documentary focused on the history of marijuana
prohibition, the first claim made was that if people smoked marijuana, they would kill
people (2000). It was also reported that cannabis gave Mexicans "superhuman strength"
and made them killers ( Grass, 2000). El Paso, Texas passed the first marijuana
ordinance in 1914, which quickly became a way to control the Mexican population (,
2000).
The same year the El Paso Ordinance was passed, the Harrison Narcotics Act,
was signed into law (Gray, 51 ). The Harrison Narcotics Act, the first anti-narcotic
legislation in the United States, was passed in order to comply with international
obligations outlined in The Hague Opium Convention (Gray, 51 ). On the surface, the
legislation appeared to be nothing more than a method of information gathering. The bill
Gustavus Student Repository
8
required those in the drug trade to purchase a license from the Treasury Department and
to keep precise records of transactions (Gray, 5 1). This bill also gave the Treasury
Department power to interpret when narcotics could be prescribed by physicians (Gray,
52). While cannabis was not considered in the Harrison Narcotics Act, it is an important
piece oflegislation, since it was the first anti-narcotics law in the United States.
HARRY J. ANSLINGER
In 1930 the Federal Bureau of Narcotics (FBN) was created under the Treasury
Department when Congress passed the Porter Act (Gray, 73ii. Harry J. Anslinger,
formerly devoted to the enforcement of alcohol prohibition, was assigned the acting
commissioner of the FBN in July of 1930 (Gray, 73). Anslinger would hold this position
throughout five presidential administrations and apply his "law-and-order evangelist"
approach to the drug war for thirty years, proving his ability as an effective bureaucrat
(Grass, 2000). It is important to consider Anslinger's philosophy and contributions to
marijuana policy because he, in many ways, set the stage for the current prohibitionist,
law enforcement approach the U.S. applies to drug policy. In Anslinger's opinion,
alcohol prohibition failed "not because it was a bad idea, but because law enforcement
was not tough enough," (Gray, 74). Once placed as head of the FBN, Anslinger was
given an opportunity to prove his theory.
Anslinger, a prohibitionist, thought that tougher laws and enforcement would
force people to stop using chemicals (Grass, 2000). Realizing the impossibility of
nationally enforcing a law on a small budget, Anslinger tried to convince the states to
help fight drugs. However, most states viewed the request as federal intrusion on state
matters and Anslinger was only able to convince nine states to sign on (Grass, 2000).
Gustavus Student Repository
9
Anslinger knew he had to convince white America that marijuana, which was
most popular in jazz clubs of the time, that marijuana presented a deadly menace before
the states would help fight the drug. Around that time, the campaign against marijuana
claimed that using the marijuana made people go insane ( Grass, 2000). Reefer Madness,
a film released in 1933, captures the misconceptions about the effects of marijuana that
existed. Anslinger was able to show that marijuana presented a threat to society through
an intense media campaign. Anslinger traveled around the country in order to pose for
pictures taken during drug busts and provided wild reports about the "menace of
• marijuana"in the tabloid press and radio addresses (Grass, 2000).
Throughout Anslinger's career, his ability to produce effective rhetorical
messages was exceptional. Anslinger was able to change the understanding of marijuana
as a "low-priority nuisance to an evil 'as hellish as heroin,"' (Gray, 76). Anslinger was
aided by racist attitudes of the time that made it easy to associate the "devil weed" with
migrant Hispanic workers and black jazz musicians. The campaign against marijuana
was much like the campaign against opium, which warned of the "yellow peril" brought
to America by this oriental narcotic. Much of the propaganda of the time warned parents
that this "smoke of hell" threatened white children with the dark culture of minorities
(Gray, 76-8). By associating marijuana with racial minorities, Anslinger was able to
target the fears of white Americans and marijuana was understood as a considerable
threat. The media campaign was successful and all the states agreed to help in the fight
against marijuana.
Gustavus Student Repository
JO
MARIJUANA PROHIBITION
In 1937, when H.R. 6385, "The Taxation of Marijuana," was introduced,
Anslinger was surprised at the level of ignorance about marijuana on Capitol Hill (Gray,
78). In hearings before the House Ways and Means Committee, Anslinger cited a case in
which Victor Licata murdered his entire family with an ax as evidence of the menace
posed by marijuana. Yet, Anslinger failed to mention that Licata "had been diagnosed as
mentally unstable long before" he smoked marijuana (Gray, 79).
Throughout the congressional hearing, only one medical expert, Dr. William C.
Woodward of the American Medical Association (AMA) was called (Gray, 79).
Woodward refuted Anslinger' s claims and pointed out that many of the facts and figures
Anslinger cited had been originated by Anslinger himself(Gray, 80). Following
Woodward's testimony, the members of the Ways and Means Committee "accused him
of obstruction of justice, evasion, and bad faith" and dismissed Woodward without a
thank you (Gray, 80). When the bill came up for discussion on the floor of Congress, one
representative asked the if Ways and Means Committee had consulted the AMA.
Speaking for the Ways and Means Committee, Fred Vinson of Kentucky said that
"Doctor Wentworth" of the AMA gave the bill "one hundred percent" support (Gray, 81;
Herer, 28). Not only did Vinson mispronounce Dr. Woodward's name; he
misrepresented the doctor's position. The bill, which became known as the Marijuana
Tax Stamp Act, was passed by Congress and sent to the White House (Gray, 81; Herer
28-9).
Gustavus Student Repository
I I
In 1937, with virtually no debate, President Roosevelt signed the Marijuana Tax
Act and the Jock up of marijuana users began ( Gras s, 2000). According to this Jaw,
individuals were required to purchase tax stamps from the Treasury Department in order
to possess marijuana. However, the Treasury Department did not issue stamps, which
effectively prohibited the possession of marijuana (Grass, 2000).
Following the prohibition of marijuana, the validity of Anslinger 's claims was
questioned. In 1939, Mayor Fiorello Laguardia of New York City commissioned a sixyear
study on the effects of marijuana. The study found that smoking marijuana did not
lead to violent behavior, did not lead to sexual misconduct; and did not altera person 's ••
basic personality structure (Grass , 2000). The study completely disproved Anslinger's
claims about marijuana, which angered the director. In response, Anslinger destroyed
copies of the report, discredited the report, and restricted further research (Grass, 2000).
Congress continued to pass legislation regarding marijuana laws. In 1951, the
Boggs Act was singed by President Truman, which instituted mandatory minimum
sentences for marijuana convictions (Grass, 2000; Gray, 85-6). This time, the driving
force behind the act was the association of marijuana with communism at a time of Cold
War hysteria (Grass, 2000; Gray, 84). The Boggs Act removed judicial discretion from
the hands of judges by requiring a minimum of two years in jail for the first marijuana
offense (Gray, 85).
In 1956, Eisenhower signed the Narcotic Control Act, which was meant to
strengthen the Boggs Act, equated marijuana with heroin and increased penalties for
possession (Grass, 2000). The Narcotic Control Act expanded police powers, simplified
Gustavus Student Repository
12
prosecution, doubled the penalties outlined in the Boggs Act, and added the death penalty
as possible punishment (Gray, 86).
In the 1960s, marijuana use was viewed as a rejection of establishment values and
"conservative America reacted with fear, hatred, and contempt" ( Grass, 2000). In 1968,
Richard Nixon was elected president after running on a law and order campaign.
However, once in office he di.scovered that there were few areas where the federal
government could actually get involved in law enforcement (Grass, 2000). One area
where the federal government had jurisdiction was drug law. Nixon called for searches
along the Mexican border, which insulted the Mexican people and did little to stop the
marijuana coming into America by small planes along the border (Grass, 2000). In an
address to Congress, Nixon claimed that the drug problem in America had "assumed the
dimensions of a national emergency," (Gray, 95). Nixon convinced Congress that the
federal government needed emergency powers, such as "preventive detention,
unorthodox strike forces, more freedom to search, wiretap, and arrest," in order to combat
the drug problem (Gray, 95).
In 1970, Congress passed the Controlled Substances Act (CSA), which classified
marijuana as a drug possessing high potential for abuse and no redeeming value (Gray,
175). The CSA and classification of marijuana as a Schedule I dru
Campaign Finance Reform: Why is it a Big Deal?
No full textAn examination of the history of campaign finance reform from the early 1900s until today can help explain the current mess in the United States. Also, looking at some recent proposals for legislation can give one a glimpse of what may become of campaign finances. An in-depth look at some states will show federal and state legislators what needs to be done. There must be some solution, so in November every two years the public is not bombarded by campaign ads that bash candidates. Hopefully some sort of solution to this problem can be reached before campaign financing gets completely out of hand.Campaign Finance Reform: Why is it a Big Deal?
Sue Halverson
Fall 2002
Senior Thesis
Gustavus Student Repository
I do not see why a man who corrupts by money should deserve punishment,
while one who corrupts by eloquence should actually win praise. I, at least,
feel that a man who directs his eloquence to corrupt ends really does more
harm than one who corrupts a judge by money, because, while no honest man
can be seduced by money, he may be corrupted by a specious plea.'
INTRODUCTION
Even in the days of old, money and corruption went hand in hand. Cicero wrote about
men not being able to be corrupted by money, yet eloquent talk could influence a man. Today, it
seems that a candidate can speak eloquently, which can convince people to give money to his/her
campaign. This leads to the question: is money corrupt, or are political leaders?
With each approaching election, one can hear complaints from all around. People do not
like to hear advertisements in which one candidate is pointing out the flaws of another candidate.
Candidate number two then retaliates with an advertisement that shows the flaws of candidate
number one. This cycle seems to be endless and people wait for Election Day. They do not wait
because they are excited to get to the polls, in fact less than half of Americans exercise their right
to vote. Rather these people are satisfied when Election Day rolls around and they know that
they will not be faced with a political advertisement that day or for approximately another year
and a half.
What contributes to this mess and harassment of mass media attention towards campaigns
and finally elections? The answer is lack of regulation on campaign contributions and
expenditures. Candidates and independent groups are able to spend unlimited amounts of
money, in most cases. There are some exceptions to this, but usually the exceptions are either at
the state level or based on taking federal money for campaigning.
What should be done about campaign finances? There are many options that have been
proposed. Currently some scholars believe that looking towards the examples of the states could
2
Gustavus Student Repository
be beneficial. The states offer many ideas for campaign finance reform like expenditure limits,
public funding for elections, and either full or partial and contribution limits. Then there is the
current legislation that has passed the Senate, the McCain-Feingold bill. This offers stricter
limits on how advertising can be paid for and other limiting measures, such as soft money. Soft
money can be defined many ways, but the basic idea is that it is money used in a campaign that
was not directly contributed to a candidateY There are many definitions and opinions about soft
money. Usually the term has a negative connotation, but not all people feel negatively about it.
An examination of the history of campaign finance reform from the early 1900s until
today can help explain the current mess in the United States. Also, looking at some recent
proposals for legislation can give one a glimpse of what may become of campaign finances. An
in-depth look at some states will show federal and state legislators what needs to be done. There
must be some solution, so in November every two years the public is not bombarded by
campaign ads that bash candidates. Hopefully some sort of solution to this problem can be
reached before campaign financing gets completely out of hand.
HISTORY
Early 1900s
Campaign finance reform has a long history. There is evidence of issues related to
funding campaigns early in the twentieth century during the progressive era. The issue of
campaign finances has not gone away since then, and it continues to be a hot topic in politics
today. It has become an issue in elections lately and with the difficulties it has encountered and
promises to be an issue in years to come.
The early accounts of examining finances for campaigns come from the campaigns of
William McKinley. Journalists at the time examined the sources of his financing and found that
3
Gustavus Student Repository
most money was coming from wealthy donors who were corrupting government and gaining
special favors due to their gifts of money to the campaigns_iii People decided to ignore the
journalists who brought forth this perceived problem until 1904.
Theodore Roosevelt was charged with accepting money from big business to campaign in
1904, and he denied the charges. It was later found that there were grounds for the charges and
Roosevelt encouraged Congress to take action against questionable campaign contributions iv In
1907, Congress finally took action and passed legislation that banned corporate contributions to
candidates, called the Tillman Act. v This was the first step in legislation to correct a problem that
was only starting to cause concern but would become very prominent in the future.
The Publicity Act of 1910 was passed by Congress in November of that year. It required
post-election reports of money that was taken in or spent by the national party committees. It
only required reporting after the elections, not prior to or during.Vi A race between the parties to
alter the 1910 act created some stricter amendments that passed Congress in 1911.vii The race for
new laws was a good way to pretend that new innovative legislation would be enforced. The
public wanted to see some major changes taking place within the government. These new
amendments created controversy, which eventually led to the court cases of Newberry v. United
States and United States v. Classic. After those tumultuous court cases, Congress did not try to
assert much authority over regulation of campaign finances for decades.Viii
The one time that Congress tried to enforce a new form of legislation was through the
Federal Corrupt Practices Act in 1925, because of the Teapot Dome scandal. This act seemed
like a good idea, but only two people were punished through this act in forty-five yearsi' This
was an ineffective act that Congress passed and decided not to utilize in any way. It was meant
for general appeasement.
4
Gustavus Student Repository
1970s and Buckley v. Valeo
After decades of stagnation, the 1970s brought about time for campaign finance reform.
In 1971 the Federal Election Campaign Act (PECA) was passed as a response to the changes
taking place in sources of campaign financing.' This did little to change the amount of
corruption in elections but definitely added some regulation, or at least belief that there was
regulation. The Federal Election Commission (FEC) was established in order to regulate
political finance.Xi
In 1974, the PECA plan was revised due to the "wake of Watergate."x.ii There had been
many suspicions about the financing for Richard Nixon's campaign. The revamping which
occurred with PECA was the most that had ever been done to change campaign finances. PECA
covered limits on contributions, limits on expenditures, the creation of the Federal Election
Commission, disclosure requirements, and public funding for presidential elections. Xiii
The new versions of finance control seemed nice, but they were soon contested in court
in Buckley v. Valeo. In 1975 the Supreme Court heard arguments for the charges that senators
James Buckley and Eugene McCarthy brought formally against Francis Valeo, secretary of the
U.S. Senate. They thought that the law was a violation of their rights and the rights of their
campaign contributors.Xiv The Supreme Court took a lot of time to decide the case, but
eventually decided "that campaign contributions and expenditures are forms of political speech
protected by the First Amendment."xv The Supreme Court struck down two of the proposals to
the 1974 legislation. First, it ruled that there could not be spending limits placed on
campaigns.Xvi The second part that it found unconstitutional was limiting the amount of money a
candidate can contribute to his or her own campaign. Xvii The decision in the case was a major
setback for campaign finance reform because the limits on candidate expenditures were now
5
Gustavus Student Repository
non-existent, which explains why candidates today use money as a form of power and influence
in politics.
There were still some regulations in place with the decision in Buckley v. Valeo.
Contributions to a single campaign by an individual could be limited because they were less
directly related to free speech. Also, limits on spending were upheld for presidential candidates,
but only if the candidates accepted federal funding for their campaigns.Xviii The ruling in Buckley
v. Valeo had limited the amount state legislatures and Congress can regulate campaign
financing.';x Thanks to Buckley v. Valeo, the average citizen is not capable of running a
successful campaign for presidency because the average citizen does not have enough money to
fund a campaign. Running for office has now become a question of which candidate has the
most money. The Supreme Court intended for candidates to use money to enhance voter
education and to get the issues out to the public. The public, however is not finding this service
offered to them.xx
1980s and 1990s
During the early eighties, there was not much of a call for reform and those who wanted
reform began to realize that although they liked the idea of reform, it probably would not happen,
except at the state level. Those who realized that reform was unlikely to happen, "became
engaged in other issues ... xx; The economy was flourishing at the time, so people were more
confident that government officials had the right ideas and legislators were passing laws that
were what the country needed. There was a renewed faith in the country and politics.
Towards the middle of the 1980s, advocates for reform started to focus on the major
problems of campaign financing. They decided that it was more important that legislation start
somewhere, but they also knew that it had to be legislation that Congress would actually
6
Gustavus Student Repository
consider. The focus began to be placed on political action committees (PACs). The proposal
was basic, only limiting the amount that P ACs could contribute to a candidate, which was
already limited by FECA. xxii
The issue of fixing the FECA has been present since the 1980s, but an agreement has
never been reached on how to fix it. During the eighties the issue of campaign financing became
more heated.xxiii Due to the prosperity of the times, there were increases in contributions to
campaigns and to the parties. Those wanting reform tried to focus on the worst parts of
campaign financing, but it was difficult because they also had to think about what could feasibly
pass in the Senate and the House. The problem again was PAC contributions because they were
viewed as a way to "[protect] incumbents in the House of Representatives."xxiv
The 1990s also marked an increased interest in campaign finance reform. People in
general were calling for more equality and a correction within politics to make them less corrupt.
This also carried over to campaign financing. Advocates of reform brought the issue to the
attention of the public. Those in the nineties trying to get reform realized that it would be a
tough battle. They probably did not expect that it would "be a regularly recurring feature of our
nation's political landscape."xxv
The battle for campaign finance reform lasted throughout the twentieth century and
became a long and tough battle. There were times where campaign finance reform was a frontburner
issue and times when it did not seem to be an issue at all. The end of the century saw the
flare-up of interest in campaign finance reform.
CURRENT LEGISLATION AND ITS PROBLEMS
The current legislation on campaign finance reform is not very drastic because it must
please many different people. Members of Congress realize that in order for legislation to be
7
Gustavus Student Repository
passed it must be moderate because politics today tend to lean toward the moderate side. There
are two major pieces of legislation that have been gaining recognition, the McCain-Feingold bill
and the Shays-Meehan bill. Both bills propose reform for campaign financing, but neither bill is
perfect in the eyes of legislators or other people who are concerned about campaign financing.
McCain-Feingold
The bill proposed by Senators John McCain and Russ Feingold was a bipartisan attempt
at campaign finance reform. The main point of the McCain-Feingold bill of 2001 was to "ban
soft money and limit how corporations and unions (though not individuals) pay for those phony
'issue ads' 30 days before a primary and 60 days before an election. ,,xxvi These are the same ads
that frustrate much of the American public up until elections take place. Regulation on ads
would relieve many people.
Many senators could agree with the McCain-Feingold bill and for many different reasons.
First of all, the bill was not a drastic piece of legislation. It was just a small step towards
reforming campaigns. In the past couple of decades, many forms of campaign finance reform
did not stand a chance of being passed. However, this bill had a chance. The split of Democrats
and Republicans in the Senate was extremely close in 2001. Both parties were realizing that soft
money contributes to the ability of both parties to run large and extensive campaigns. xxvii
Democrats have been behind the McCain-Feingold bill since the beginning, but it was
harder to win over Republicans. In order to break the Republican filibuster, 60 votes were
needed. In 1999, the bill was not able to gain enough votes to break the filibuster and therefore
could not be passed.xxviii The tone of the Senate changed in 2000 when more Democrats were
elected to the Senate. This gave more strength to the senators looking for reform. The McCain-
8
Gustavus Student Repository
Feingold bill was able to pass in the 2001 session. The vote was still uncertain, but it ended up
winning a 59-41 victory.xxix
There were many reasons that the McCain-Feingold bill was able to pass in 2001.xxx First
of all, some people, like Senator McCain, believe that it would "purge politics of 'special
interests. ,,,xxxi Other people believed that if the bill passed it would hurt the candidates of the
other party more than it would hurt their own party.xxxii Although nobody was certain how the
bill would affect politics, enough senators believed that it would help them in some way, so they
voted to pass the bill.
Some of the outcomes of the bill can be predicted. At first, parties could be weakened,
compared with outside groups, "because so much of their activity depends on soft money."xxxiii
This does not mean that parties are destroyed, just weakened. The focus would have to again be
placed on individual contributors rather than large corporation and union contributors.'xxiv This
does make campaign financing harder for Democrats because, unlike Republican contributors,
contributors to Democrats generally do not feel comfortable writing out a check for 2000.xxxv Going directly to the people, through mailings and direct campaigning, gets back to
the "grass-roots organization" of political parties.xxxvi
One especially positive aspect of this bill was that it could increase the competition
between incumbents and challengers. Most challengers get "slightly more of their hard money
from donors who give the maximum amount," so they will more easily establish their
campaigns_xxxvii When the bill became law, it had the potential to eventually create problems for
the political parties. Instead of giving money to the parties, contributors could be more likely to
give money directly to the campaigns of candidates.'xxviii
9
Gustavus Student Repository
During the campaign in 2000, George W. Bush did not take a stance on campaign finance
reform. It is understandable that the president would not want this legislation passed. This
legislation would also limit the amount that individuals can contribute to presidential candidates.
It would no longer pay for presidents to campaign by going to one dinner and earning a lot of
money because people can write out large checks. This bill does not allow large contributions to
the parties; therefore campaigning becomes more strenuous_xxxix President Bush claimed that he
wanted to change the face of Washington.'1 If he would have vetoed this bill, he would have
made many people upset because the bill was meant to be bipartisan and therefore please many
people.
The old standard of the McCain-Feingold bill advocating campaign finance reform saw
new light in 2001. Deals had to be made to appease both sides on the issue. This created a lastminute
dash to vote on a completed bill that both sides approved. The major compromise in this
round of negotiations was an increase in the amount of hard money individuals are able to give
to candidates and parties, thus eliminating soft money from corporations, unions and the
wealthy.'1i
Two thousand and two saw some new legislation from McCain and Feingold. They
proposed a free airtime bill, which focuses on equal amounts of airtime for all candidates. The
bill would make stations carry two hours of "candidate-centered programming" a week in the
month leading up to the election.'1ii It would also give vouchers to candidates so they may use
them to pay broadcasters for running ads for the candidates.Xliii One more part of the legislation
is that it would contain a section where prices for airtime would be greatly reduced for
candidates_xliv These are pretty shocking and new additions to campaign finance reform,
10
Gustavus Student Repository
especially to news stations that would end up losing money on the deal; therefore they are not
happy with this proposal because they make much money off political ads.
The president decided he must sign the McCain-Feingold bill that passed in the 2001-
2002 session of Congress because there had been so much controversy surrounding the Enron
scandal and their soft money contributions to campaigns.'1v This does not mean that President
Bush signed the bill willingly. In fact, he seemed to show what he really thought of the bill by
his actions. He signed the bill without notifying the senators who drafted the bill, went to raise
some 25,000 to $30,000.1v This was
much like the McCain-Feingold bill
EventBox: A novel visual encoding for interactive analysis of temporal and multivariate attributes in event sequences
No full textThe rapid growth and availability of event sequence data across domains requires effective analysis and exploration methods to facilitate decision-making. Visual analytics combines computational techniques with interactive visualizations, enabling the identification of patterns, anomalies, and attribute interactions. However, existing approaches frequently overlook the interplay between temporal and multivariate attributes. We introduce EventBox, a novel data representation and visual encoding approach for analyzing groups of events and their multivariate attributes. We have integrated EventBox into Sequen-C, a visual analytics system for the analysis of event sequences. To enable the agile creation of EventBoxes in Sequen-C, we have added user-driven transformations, including alignment, sorting, substitution and aggregation. To enhance analytical depth, we incorporate automatically generated statistical analyses, providing additional insight into the significance of attribute interactions. We evaluated our approach involving 21 participants (3 domain experts, 18 novice data analysts). We used the ICE-T framework to assess visualization value, user performance metrics completing a series of tasks, and interactive sessions with domain experts. We also present three case studies with real-world healthcare data demonstrating how EventBox and its integration into Sequen-C reveal meaningful patterns, anomalies, and insights. These results demonstrate that our work advances visual analytics by providing a flexible solution for exploring temporal and multivariate attributes in event sequences
Pilot-scale demonstration and practical challenges of bioenergy with CCS (BECCS) using rotating packed bed
No full textThis paper presents findings of demonstration of CO2 capture by rotating packed bed absorber using real biomass flue gases. There are two main objectives of the study presented here: (1) performance assessment of pilot scale rotating packed bed CO2 capture absorber with real biomass flue gases (2) the impact of impurities in biomass flue gases on the solvent. The demonstration was carried out at the waste to energy and CO2 capture facilities at the Energy Innovation Centre of the University of Sheffield. Rotating packed bed (RPB) absorber was used to capture CO2 from biomass flue gas generated by a grate boiler. CO2 loadings and solvent concentrations were measured using Mettler Toledo auto-titrator. Particulates content of the flue gas was measured, and particulates were collected for further analysis at the boiler exit and absorber inlet by Electrical Low Pressure Impactor (ELPI®+) manufactured by Dekati®. The particulate samples were analysed by ICP-OES to investigate the impact of metals in the flue gas coming from the biomass on the solvent degradation. Solvent samples were collected and analysed with ICP-MS and Ion Chromatography to quantify build-up of metals and anions in the solvent over time. There is very limited information on this subject in open literature. The short-term tests presented here can serve as a starting point for further longer-term investigations into the impact of biomass flue gas contaminants on the solvent behaviour and the solvent management requirements during CO2 capture from biomass flue gases
Labour productivity gains or offshoring?:Implications for post-growth proposals on the future of work
No full textTwo visions prevail about the future of work in sustainable post-growth economies. According to the first, labour productivity gains resulting from technological development will enable to work less. The second contends instead that such gains are not always desirable and could be constrained by a shift towards less polluting production, potentially resulting in more work. Yet, conventional measures of labour productivity on which these proposals are based can conceal a displacement of labour requirements abroad. In this paper, we conduct a case study on Germany in 1995–2020 to assess whether and to which extent labour productivity gains result from offshoring, and implications for post-growth proposals on the future of work. We first retrieve global labour requirements of German production across upstream supply chains. We then decompose conventional labour productivity gains to evaluate whether they result from a reduction in global labour requirements or of their increased displacement towards upstream sectors. Finally, we examine possible impacts on labour offshoring of shifting production to sectors with low productivity gains. We use a socially extended Multi-Regional Input-Output model based on OECD data. Our results show that a quarter of the global labour requirements for German production is provided abroad. This share increased until 2007 before it stabilized or decreased. We identify some potential for working time reduction without increases in labour offshoring. Shifting to service sectors could furthermore reduce labour offshoring relative to production. Yet critically, German production may cover only a fraction of domestic consumption. Related implications for post-growth proposals require further attention
Plague and intoxicants in the Baltic and North seas during the long seventeenth century
No full textThe article argues that medical responses to plague contributed to the ‘psychoactive revolution’ during the long seventeenth century. Focusing on four metropoles in the Baltic and North Sea region, it shows that the commodification of sugar, opiates, and tobacco during the last century of the Second Great Pandemic correlates both with outbreaks of plague in Amsterdam, Hamburg, London, and Stockholm and with the intraregional prescription of these intoxicants in popular and authorised plague physic. In so doing, it argues for the importance of household consumption practices in driving the psychoactive revolution and points to the importance of women and well as men in the popularisation of intoxicants. By tracing the popularisation of sugar, tobacco and opium from c. 1600 and using plague physic as an example of medical prescription more generally it delineates an under-appreciated set of consumer motives informing household consumption practices: not least the need to allay fear, pain, and bodily and mental disorder. The article concludes by introducing the concept of ‘accustomisation’ as the way in which contemporary observers explained how reactive consumption in the face of epidemics could become habitual, recreational, and possibly involuntary consumption over time