Another Try at a Parents' Rights Amendment to the Constitution

On August 1, 2017 Senator Lindsey Graham (SC) (with Senators Blunt, Isakson, Risch, Grassley, and Rubio) introduced S.J. Res. 48, an amendment to the Constitution on parents’ rights. Here is the text:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

“Article  —

“ Section 1. The liberty of parents to direct the upbringing, education, and care of their children is a fundamental right.

“ Section 2. The parental right to direct education includes the right to choose, as an alternative to public education, private, religious, or home schools, and the right to make reasonable choices within public schools for one’s child.

“ Section 3. Neither the United States nor any State shall infringe these rights without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

“ Section 4. The parental rights guaranteed by this article shall not be denied or abridged on account of disability.

“ Section 5. This article shall not be construed to apply to a parental action or decision that would end life.

“ Section 6. No treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this article.”.

On November 8, 2013, in this blog I wrote a post about another version of this proposed amendment. Its text was similar in intent, but emphasized educational settings and did not specifically reference disabilities (section 4 above.) Here it is:

The 2013 Proposed Parental Rights Amendment to the U.S. Constitution

SECTION 1

The liberty of parents to direct the upbringing, education, and care of their children is a fundamental right. 

SECTION 2

The parental right to direct education includes the right to choose public, private, religious, or home schools, and the right to make reasonable choices within public schools for one's child.

SECTION 3

Neither the United States nor any State shall infringe these rights without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

SECTION 4

This article shall not be construed to apply to a parental action or decision that would end life.

SECTION 5

No treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this article.

With regard to both the 2013 version and 2017 version of the parental rights amendment to the Constitution, 38 state legislatures would need to approve the amendment before it would become a Constitutional amendment. That could take a long time. The language in the 2017 proposed amendment is very broad. If it were voted into effect, there would probably be a ton of litigation to clarify things in education and health matters, as well as other things. The U.S. educational community is diverse, in some places struggling, and needs time and funding to implement evidence-based reforms. What would happen to the Individuals with Disabilities Act if this amendment were to become law?

Educators need to strengthen and expand their partnerships with parents. The impasse on health care is creating uncertainty in the healthcare market, 1/6 of our economy. S.J. Res. 48 would do the same thing to our education system, creating uncertainty. It would possibly pit parents against educators, instead of fostering partnerships. We are exposed to one statement after another, saying states and local communities know what to do and need more flexibility and the federal government needs to get out of the way. This amendment would be counter to that proposition, undermine the fabric of communities, and create legal tensions where there are none. Senator Graham surely has other more productive ways to spend his time.

Thank you.

Common Grounder

The Senate and Health Care Reform

Today, the Republicans in the House of Representatives had a win. They passed the American Health Care Act (AHCA). Now the Senate needs to act. 

First, thoughtful, reasonable people, regardless of political persuasion, need to read the AHCA, or at least objective summaries written in plain English. Then, they need to decide how the legislation affects them or people they know. And, finally they need to write that up and send it to their Senators. Only by sending thousands of stories about impact will we be able to affect the Senate's approach to health care reform.

Second, people who know how health care is or is not working in specific states need to prepare state profiles and share them widely, but especially with Senators.

Third, state profiles need to drive solutions. One solution will never fix everything.

Fourth, Senators need to set priorities. What needs to be guaranteed? What needs to be optional? How do we attract people, from different demographic groups, to secure health care? Fundamentals like this need to be discussed, addressed, and agreed to across party lines first.

Fifth, the Senate needs to attend to and respect stakeholder input, be transparent and clear about points of disagreement and points on which there is consensus, and especially listen to governors AND state Medicaid directors.

There is no doubt that Obamacare needs to be fixed. Democrats may think that the House passage of AHCA gives them a political sledge hammer to go after Republicans in swing districts in 2018. Who is to say? But I for one, want our Senators to act like statesmen and engage, and solve the mess we are in now. Health care represents one fifth of our economy. It needs predictability and certainty. It does not know how to interpret political brinksmanship.

If we consider and take the steps outlined here maybe we can get to something that makes sense. I certainly hope so. So many lives are hanging in the balance, as well as a significant part of our economy.

Thank you.

Common Grounder

Faith McCormick

Today my friend, Faith McCormick, of 42 years passed away from cancer. She was the healthiest, most disciplined person I have known. She ate right; exercised daily; kept her mind active; and was a champion in a behind-the-scenes way for self-advocates.

It was quick. Her world and that of those around her changed in six short weeks. She and her husband returned from a short vacation to Barcelona one day. The next day she began her first of two rounds of chemotherapy.

I have a theory. God takes the good people early and quick to force the rest of us, less than perfect mortals, to take stock and reshape our priorities,

Faith spent her days helping others. She would do anything that needed doing. She provided delivery of meals to the less fortunate. She worked with self-advocates to develop expertise on emergency preparedness. She did research on international companies and their approaches to hiring people with disabilities for the U.S. International Council on Disabilities, where she was a member of the board of directors. She traveled to Istanbul with me twice in 2015 to train CEOs from disabled persons organizations from Iran on the Convention on the Rights of Persons with Disabilities. She traveled with me to China and presented on the important role of persons with disabilities in emergency preparedness. She served as a senior, nonpolical, administrator in the Administration on Intellectual and Developmental Disabilities in the U.S. Department of Health and Human Services for over eight years. She was sous chef to her husband, a five-star chef. She helped me pack my suitcase and put on my socks and shoes when we traveled together. Once in Istanbul she pushed me up and down a 60 degree incline in my wheelchair, and we both lived to tell about it.

Faith was organized and purpose-driven. She had a passion for politics, the right kind, and reading James Patterson. Her heart was open to all. Her spirit was infectious. I spoke to her via FaceTime last Sunday. She was strong, optimistic, and gave me and Donald Trump an ear full on what to do and how to do it. She loved LaMarca prosecco and our many trips to Hawaii.

I am sure many of us have friends like Faith. We are the lucky ones. Cherish those friends. Let them know how much you value them.

Thank you.

Common Grounder

Medicaid Is on the Chopping Block

I have heard that the House of Representatives will take action to repeal Obamacare, the Affordable Care Act, on March 8, 2017 through reconciliation legislation. Reconciliation is a process by which the House can put a lot of stuff in one bill without hearings and act speedily in the name of saving money.

I have read summary documents from the House and from disability organizations. The bottom line is that money that has been available for people newly covered under Medicaid expansion in some states and money for community-based services and supports will shrink and then disappear. If states want to continue these services, they will need to find money elsewhere. A lot of people with disabilities will either need to rely on their families for support or enter institutions. People that could have benefitted from Medicaid expansion may need to find their health coverage elsewhere. People that already have coverage may see it change in a bad way.

One of the things I read suggested to me that if a state has a robust lottery program, that could affect their Medicaid allotments, that is could result in a reduction in their Medicaid allotment.

There are plenty of places to go to get more details on the pending House reconciliation bill (http://www.c-c-d.org/fichiers/CCD-MedicaidLeaveBehind_Final03012017.pdf; http://www.c-c-d.org/fichiers/CCD_ProtectACA_03012017.pdf).

At a minimum contact your governor, Democrat or Republican, and let them know they will be left holding the bag if this reconciliation bill becomes law. They won’t like it.

Also, let your elected representative in the House know that this proposed legislation has a ton of unknown consequences on the economy –

·      Family members leaving jobs to stay home to take care of a love one with a disability

·      Emergency room costs going up exponentially

·      New or increased costs for maintaining institutions

There are smart governors and members of the House of Representatives. Urge everyone to slow down, hold hearings, and give thoughtful, measured attention to how to amend the Affordable Care Act.

Thank you.

Common Grounder