Ronald Reagan – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 That Will Ferrell Comedy About Ronald Reagan’s Alzheimer’s Won’t Be Happening https://legacy.lawstreetmedia.com/blogs/entertainment-blog/that-will-ferrell-comedy-about-ronald-reagans-alzheimers-wont-be-happening/ https://legacy.lawstreetmedia.com/blogs/entertainment-blog/that-will-ferrell-comedy-about-ronald-reagans-alzheimers-wont-be-happening/#respond Mon, 02 May 2016 01:07:03 +0000 http://lawstreetmedia.com/?p=52204

A lot of people were very upset.

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"Will Ferrell" courtesy of [Eva Rinaldi via Flickr]

Comedian Will Ferrell has officially pulled out of a project that would satirize former President Ronald Reagan’s last years in office. The project allegedly features Reagan suffering from dementia while still in office, and Ferrell has received significant criticism for signing on to the project in the first place.

The controversy began after news broke that Ferrell had apparently optioned the comedy, but after the onslaught of criticism, Ferrell made it clear that he wasn’t going to move forward with the project. According to Ferrell’s spokesperson:

The REAGAN script is one of a number of scripts that had been submitted to Will Ferrell which he had considered. While it is by no means a ‘Alzheimer’s comedy’ as has been suggested, Mr. Ferrell is not pursuing this project.

Some of the criticism came from Reagan’s children Patti Davis and Michael Reagan, who stated “Alzheimer’s isn’t a joke” and called the movie cruel. The Ronald Reagan Presidential Foundation also put out a statement, and the Alzheimer’s Association reportedly said it was “appalled” at the project.

A movie about Reagan’s Alzheimer’s does sound like it could be in bad taste, however the Hollywood Reporter obtained a copy of the script, and reporter Seth Abramovitch stated:

Most of the criticism seems to have come from people who had only read the log line, not the script. THR obtained a copy of Reagan to see what Rosolio intended.

It turns out Reagan is actually a good-natured and well-researched comedy that offers an ‘alternate take’ on seismic events in American history — a direct descendent of 1999’s Dick, in which Kirsten Dunst and Michelle Williams play ditzy teens who unwittingly bring down Richard Nixon.

But it does revolve around the conceit that the 40th president had no knowledge of where he was or what he was doing throughout his entire second term.

Given the outpouring of controversy, it’s doubtful that this project will ever see the light of the day, but we’ll have to see if anyone else in Hollywood is willing to take the risk.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Who Could Still End Up with the GOP Nomination? https://legacy.lawstreetmedia.com/elections/who-could-still-end-up-with-the-gop-nomination/ https://legacy.lawstreetmedia.com/elections/who-could-still-end-up-with-the-gop-nomination/#respond Wed, 16 Mar 2016 16:49:28 +0000 http://lawstreetmedia.com/?p=51289

This is a mess.

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"Paul Ryan" courtesy of [Gage Skidmore via Flickr]

Last night’s sort-of second Super Tuesday led to even more of a mess for the GOP than I think anyone thought possible just a few months ago. As of last night, Marco Rubio has officially bowed out of the race. Donald Trump is certainly doing well, but he hasn’t quite locked up the nomination yet. And John Kasich’s win in his home state of Ohio means that he’s still holding on. Then, with the chance that there’s a brokered convention, literally anything could happen at the Republican National Convention in Cleveland this summer. So…who’s still left in the race for the GOP nomination, and what’s next?

Donald Trump

Trump is, quite obviously, the man to beat. Trump is the only Republican candidate left in the race who has a realistic path to the 1,237 delegates needed to win the nomination before the convention–he currently has 646. While Kasich’s win in Ohio denied Trump 66 delegates, which certainly makes that path harder,  Trump is still in an enviable position.

Ted Cruz

Ted Cruz is still in it, with 397 delegates. He’s positing himself as the only one who can beat Trump, and is seemingly trying to push Kasich out of the race to scoop some of those “absolutely never voting for Trump under any circumstances” voters. He’s also claiming that he’ll do well in closed-primary states that are coming up, where only pre-registered Republicans can vote. We’ll have to see if now that the field has narrowed a bit if Cruz can make good on those promises.

John Kasich

John Kasich somehow managed to stay alive last night by winning his home state, Ohio. However, Cruz and Trump are both promising that their delegate counts will keep him out of the convention. But Kasich may still see some room for himself at a contested convention. As Politico’s Kyle Cheney put it:

Kasich’s campaign foreshadowed its plans for a convention brawl late Tuesday, naming Stu Spencer and Charlie Black — two veterans of the last contested convention, the 1976 fight between President Gerald Ford and an insurgent Ronald Reagan — to his national strategy team.

Paul Ryan? Jeb! Bush?

With the prospect of a contested convention, there’s always the chance that another contender sneaks up through the side. In this case, all eyes would appear to be on current Speaker of the House Paul Ryan. Former Speaker John Boehner has stated:

If we get to the convention and we don’t have a nominee that can win on the first ballot, I’m for none of the above. They all ran, they all had a chance to win, none of them won, so I’m for none of the above.

Ryan himself doesn’t seem particularly in favor of the concept, but it sounds like he hasn’t totally ruled it out, either. He told CNBC:

You know, I haven’t given any thought to this stuff. People say, ‘What about the contested convention?’ I say, well, there are a lot of people running for president. We’ll see. Who knows?

Then there are people who say that Jeb! Bush could make a comeback at a convention, at least according to Rush Limbaugh.

The Ghost of Ronald Reagan?

Honestly, at this point, it may be one of the more plausible and palatable options.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Stephen Colbert Owns Ted Cruz on Reagan, Gay Marriage, and the Constitution https://legacy.lawstreetmedia.com/elections/stephen-colbert-owns-ted-cruz-reagan-gay-marriage-constitution/ https://legacy.lawstreetmedia.com/elections/stephen-colbert-owns-ted-cruz-reagan-gay-marriage-constitution/#respond Tue, 22 Sep 2015 21:42:40 +0000 http://lawstreetmedia.wpengine.com/?p=48165

Watch Stephen Colbert face off against Ted Cruz.

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Image Courtesy of [Christine Grabig via Flickr]

It may only be Stephen Colbert’s second week in the “Late Show” chair, but that didn’t stop him from seriously quizzing Texas Senator and Republican Presidential Candidate Ted Cruz  Monday night on Ronald Reagan, gay marriage, and the Constitution.

Reagan and his policies have been at the forefront of the Republican race following last week’s second Republican primary debate in the Reagan library. So much so, that candidates have begun comparing themselves in one way or another to the 40th president, despite their actual positions on key topics proving the contrary.

So when Cruz brought Reagan up, Colbert jumped at the chance to weed out another Reagan wannabee.

Here’s a clip from the interview below:

But if you either a. don’t have a pair of headphones handy, b. don’t have four and a half minutes to spare, or c. would prefer to read my attempt at witty commentary, enjoy some of the interview highlights below:

Colbert: “Reagan raised taxes, okay. Reagan actually had an amnesty program for illegal immigrants. Neither of those things would allow Reagan to be nominated today. So to what level can you truly emulate Ronald Reagan?”

Noting that Reagan worked across the aisle with Democratic Speaker of the House Tip O’Neil to get shit done, he continued:

“Isn’t that what people want more than anything else. Not just principles, but actions.”

Cruz:  Says no voter has told him that they want him to “give in more to Barack Obama.”

Colbert: Continued to press Cruz on whether or not he agrees with Reagan on raising taxes and amnesty for illegal immigrants.

Cruz: “No, of course not. But Ronald Reagan also signed the largest tax cut in history. He reduced government regulations from Washington, and economic growth exploded.”

Colbert: Quickly reminds Cruz that “when conditions changed in the country, he reversed his world’s largest tax cut and raised taxes when revenues did not match the expectations, so it’s a matter of compromising.”

(Did you hear that Cruz? Successful government requires compromise, not forced shutdowns.)

Cruz: Steers the conversation to his platform, telling Colbert that in a nutshell he thinks the country should “live within our means, stop bankrupting our kids and grandkids, and follow the Constitution.”

Colbert: “And no gay marriage?”

Cruz: “Well no , let’s be precise: Under the Constitution, marriage is a question for the states.”

Colbert: “It doesn’t mention marriage in the Constitution.”

(Oh snap.)

Cruz: “The 10th Amendment says that if the Constitution doesn’t mention it, it’s a question for the states. … I don’t think we should entrust governing our society to five unelected lawyers in Washington.”

Colbert: Has to silence the audience’s boos for Cruz.

Cruz: “If you want to win an issue, go to the ballot box and win at the ballot box.”

Touche, Cruz. So how about you get back to me after you win at the ballot box. But right now i’m awarding this political showdown Colbert-1, Cruz-0.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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Freedom Possible for Attempted Reagan Assassin John Hinckley Jr. https://legacy.lawstreetmedia.com/news/freedom-possible-attempted-reagan-assassin-john-hinckley-jr/ https://legacy.lawstreetmedia.com/news/freedom-possible-attempted-reagan-assassin-john-hinckley-jr/#respond Thu, 23 Apr 2015 14:20:37 +0000 http://lawstreetmedia.wpengine.com/?p=38595

A judge is set to decide on whether to allow John Hinckley Jr. more freedom.

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In 1981 a 25-year-old John Hinckley Jr., armed with a .22 caliber revolver, attempted to assassinate President Ronald Reagan outside the Washington Hilton hotel in a deranged effort to impress actress Jodie Foster. Hinckley wounded four people, including Reagan. Now at age 59, the man responsible for almost killing Reagan could receive more freedom from the mental facility that has housed him for over 30 years.

At his trial in 1982 Hinckley was found not guilty by reason of insanity and has been confined at Washington D.C.’s St. Elizabeths Hospital ever since. Since December 2013 Hinckley has been allowed leave from the hospital 17 days a month to stay with his mother in Williamsburg, Virginia. A federal judge is currently weighing recommendations from Hinckley’s doctors that he receive more freedom.  According to NBC Washington, this could mean he receives leave 24 days a month, which was previously requested, or full-time, year-round “convalescent leave” in town.

According to the Washington Post, mental health professionals have allowed Hinckley to take daily walks by himself and go on a number of unsupervised outings of up to four hours each month. He’s also allowed to drive to places where he is expected. But these outings aren’t without exceptions. Hinckley is required to carry a GPS-enabled cell phone during unsupervised activities and he and his mother must call the hospital at least once a day during each visit. His internet access has also been extremely limited and he is required to log all of his daily activities.

Critics of Hinckley’s potential release still see the man as a threat to society with a history of deceptive behavior including lying about his whereabouts, but his lawyer Barry Levin says that’s not the case. According to CBS News, Levine said that psychological testing designed to predict violence shows Hinckley’s risk of being dangerous is “decidedly low.”

In 2014 Reagan’s press secretary James Brady, who was shot in the head by Hinckley during the assassination attempt, had his death ruled a homicide as a result of complications from his injuries. The shooting left him with slurred speech and partial paralysis that required the full-time use of a wheelchair. Prosecutors decided not to charge Hinckley with Brady’s murder after reviewing the case.

Reagan’s daughter Patti Davis has been outspoken on the issue, saying she doesn’t want her father’s shooter to ever go free. In a post written by Davis which originally appeared on her website Books by Patti Davis. and was republished by the Daily Beast, Davis writes:

I will forever be haunted by a drizzly March afternoon when my father almost died, when Jim Brady lay in a pool of blood and two other men — Thomas Delahanty and Timothy McCarthy — were gravely wounded. If John Hinckley is haunted by anything, I think it’s that he didn’t succeed in his mission to assassinate the President.

The judge is poised to decide soon if Hinckley will be granted more freedom, but the government seems unlikely likely to grant the would-be assassin full time leave, despite his doctor’s claims that he is now mentally competent. Hinckley may have not been found guilty, but he will most likely still be somewhat confined for the rest of his life.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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The U.S. Government: A House Divided on Foreign Policy https://legacy.lawstreetmedia.com/issues/politics/us-government-house-divided-foreign-policy/ https://legacy.lawstreetmedia.com/issues/politics/us-government-house-divided-foreign-policy/#comments Sat, 21 Mar 2015 13:00:27 +0000 http://lawstreetmedia.wpengine.com/?p=36263

The Iran letter and Netanyahu's Congressional invitation is nothing new. Check out the history of foreign policy dissension.

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Image courtesy of [Ted Eytan via Flickr]

In 1858, then-Senator Abraham Lincoln made one of his most famous speeches. In this particular speech he referenced the bible in stating, “a house divided against itself cannot stand.” At that time, of course, Lincoln was referring to the schism that divided the nation, namely should we be a free country or a slave-owning country? While the slavery question has been answered, the idea of a divided nation has continued and seemingly grown as time passed. The problem now is not over any singular issue, but the conduct of various branches of the government. In short, what effect does public disagreement over foreign policy issues have on the United States in presenting a unified front when trying to implement some type of cohesive strategy?


History of Disagreement

With the two most recent high-profile episodes of dissension in federal government–the Senate Republicans’ letter to Iran and the House Republicans’ invitation to Israeli Prime Minister Benjamin Netanyahu to speak to Congress without executive consent–it may appear as though these events were particularly egregious; however, disagreement between members of the government is certainly not something new. For that matter, this level of disagreement is not even that extraordinary. In fact, at various times throughout the nation’s history members or former members of the government have engaged in literal duels where one of the parties was actually killed. Of course those are the extreem examples of disagreement, but they are part of our history nonetheless.

The 1980s seemed like an especially appropriate time to publicly undermine the president and his foreign policy, as evidenced by two specific events. In 1983, Senator Ted Kennedy allegedly secretly conspired with the then-premier of the USSR to help him defeat Ronald Reagan and win the presidency. Just a year later, in 1984, Democrats wrote a letter to the leader of the Sandinistas in Nicaragua that was critical of the president and forgave the rebel regime’s many atrocities.

Another episode occurred in 1990 when former president Jimmy Carter wrote to the members of the United Nations Security Council denouncing President Bush’s efforts to authorize the Gulf War. In 2002, several democratic senators went to Iraq on a trip financed by late Iraqi dictator Saddam Hussein, and actually actively campaigned for his government. This was also aimed at undermining support for the second president Bush’s Iraq War. And the most recent example came in 2007 when newly elected Speaker of the House Nancy Pelosi traveled to Syria and met with President Basher Assad. Even before he had launched a civil war on his own people, Assad had already made enemies of the Bush Administration by supporting insurgents in Iraq.

This is the context in which Congress’ most recent acts of defiance should be considered. When Speaker John Boehner invited Netanyahu to speak to congress without the consent of the president, he knew perfectly well that Netanyahu would come to urge the use of force in preventing a nuclear armed Iran. This strategy is the complete opposite of the one pursued by the Obama Administration, which has centered on negotiation, give and take. The video below explains why this invitation was so controversial.

The second most recent act of dissent also comes in relation to a nuclear deal with Iran. In this case, 47 senators signed a letter to Iran stating that any agreement between President Obama and the Ayatollah will be considered as an executive agreement only and subject to being overturned when a new president is elected. The video below explores the ramifications of the letter.

Taken alone these efforts by Republicans appear outrageous and indeed even treasonous. But they are actually just two more in a series of moves from both parties to undermine the other. The main difference this time is that it was the Republicans doing the undermining of a Democratic President.


Roles in Foreign policy for Each Branch of the Government

The three branches of the government–the judicial, legislative, and executive branches–each play a role in determining foreign policy. While the courts are instrumental in determining the constitutionality, and therefore legality, of agreements, the legislative and executive branches are the real driving forces behind United States’ foreign policy. So what then are their roles?

Executive

As the saying goes, on paper the President’s foreign policy powers seem limited. According to the Constitution, he is limited to his role as Commander in Chief of the armed forces and nominating and appointing officials. However, the president has several unofficial powers that are more encompassing. First is the executive agreement, which basically allows the president to make an accord without the consent of Congress. This is what Obama did, for example, in relation to immigration in Fall 2014, as well as the situation to which Republicans referred in their letter to Iran.

This power is perhaps the most important as the president is able to pursue his agenda without needing Congressional support, which is often hostile to his ambitions. Along this same track, the president has the ability to determine the foreign policy agenda, and by doing so making it the agenda for the entire nation.

The executive branch also controls the means to carry out foreign policy through its various agencies. Of particular importance are the Department of State, which handles foreign affairs, and the Department of Defense, which is in charge of military operations. The intelligence community is also a key cog in this branch of government.

Legislative

The role of this branch has traditionally been three-fold: advising the president, approving/disapproving the president’s foreign policy agreements, and confirming appointments to the State Department. Recently these powers have come under challenge as Obama himself has conducted military actions in Libya without getting war powers consent from Congress first.

Like everything else, the roles taken on by the particular branches with regard to foreign policy have expanded far beyond those originally outlined in the Constitution. Nevertheless, because the president, as mentioned previously, serves as both the face of policy and its catalyst, it is generally assumed that he will take the lead in those matters. However, a certain gray area still exists as to specifically who has the right to do what. This role was supposed to be more clearly defined through legislation, namely the Logan Act; however, perpetually changing circumstances, such as the role of the media, have continued to make the boundaries for conduct less clear.


What Happens Next

So what is to be done about these quarrelsome representatives and senators? When Pelosi made her infamous trip to visit Assad in 2007, the Bush Administration was extremely angry and reacted accordingly, deeming her actions as criminal and possibly treasonous. If this rhetoric sounds familiar that is because these are the same types of phrases being hurled at the Congresspeople who invited Netanyahu to speak and condemned Iran with their signatures.

The Logan Act

The real issue here is with who is conducting foreign policy as opposed to who is supposed to, according to the Logan Act. The act was passed in 1799 in response to its namesake’s efforts to single-handedly end the quasi-war with the French by engaging in a solo journey to the country. The basic outline of the act is that no unauthorized person is allowed to negotiate on behalf of the United States with a foreign government during a dispute. Thus, while in theory this was meant to resolve the issue as to who was qualified to represent U.S. foreign policy, the video below explains that is far from what actually occurred.

Along with the damning words being thrown about, critics of the Republican actions also call for their prosecution under this relatively obscure law; however, no such indictments are likely to take place as no one has even been charged under it, not even the man for whom it was named. In addition, the language itself is unclear. For example, wouldn’t congresspeople be considered authorized persons? These threats of prosecution, along with the strong language being thrown about hide another important factor in this whole mess: the role of the media.


Media’s Role

In the tumult following the Iranian letter, a somewhat important piece of evidence has been overlooked. While the senators, including Majority Leader Mitch McConnell, indeed signed a letter, the letter was not actually sent anywhere. In fact, after getting 46 other senators to sign the letter, Senator Cotton posted it to his own website and social media accounts. Similarly with the Netanyahu speech, while it is odd for a foreign leader to speak to Congress without approval of the president, the significance of the whole thing can be attributed as much to the stage it was broadcast on as its peculiarity.

There is a history of government officials undermining the White House’s foreign policy. However, in 2015 there are so many avenues to openly and very publicly express dissent that when it does occur it is a bigger deal now than ever. Information is so accessible now, thus when someone posts something to social media anyone all over the world can see it. This is different than if something were broadcast 20 years ago on network news.


Conclusion

In 1951, President Truman removed General MacArthur from command in the Korean War. While MacArthur was one of the most renowned war heroes of WWII, his threats to invade China and expand the war undermined Truman’s efforts to negotiate an end to the conflict. While Truman was able to dismiss MacArthur, this is not true for the current case of branches of government undermining others.Unlike MacArthur who was a general and beholden to the president, these representatives and senators are beholden to the people and cannot be as easily removed. Nor should they, not only because the precedent for this type of disagreement has been set, but also because the president should not have the ability to dismiss everyone who disagrees with him. People voicing their opinions after all, is the whole idea behind representative government.

While recent Republican actions can certainly be termed at least as ill-advised, the question of illegality is much less clear. The Iranians for their part took the letter as well as can be expected, acknowledging its obvious political nature.


Sources

Washington Examiner: 5 Times Democrats Undermined Republican Presidents With Foreign Governments

Foreign Policy Association: How Foreign Policy is Made.

Politico: John Boehner’s Bibi Invite Sets Up Showdown With White House

Intercept: The Parties Role Reversal on Interfering With the Commander-in-Chief’s Foreign Policy

Politico: Iran, Tom Cotton and the Bizarre History of the Logan Act

National Review: The Cotton Letter Was Not Sent Anywhere, Especially Not to Iran

LA Times: Netanyahu’s Speech to Congress Has Politics Written All Over it

The New York Times: Iranian Officials Ask Kerry about Republicans’ Letter

CNN: Did 47 Republican Senators Break the Law in Plain Sight?

Michael Sliwinski
Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

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The Battle Over the “Welfare Queen” Law in California https://legacy.lawstreetmedia.com/issues/politics/battle-over-welfare-queen-law-california/ https://legacy.lawstreetmedia.com/issues/politics/battle-over-welfare-queen-law-california/#comments Fri, 06 Mar 2015 14:00:51 +0000 http://lawstreetmedia.wpengine.com/?p=35295

The applicability of the "welfare queen law" is up for debate in California. Will it get repealed?

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Image courtesy of [Dylan_Payne via Flickr]

The idea of a “welfare queen” has been a political talking point for several decades. It began as a term used by President Reagan in a story he told while he was running for election in 1976:

‘In Chicago, they found a woman who holds the record…She used 80 names, 30 addresses, 15 telephone numbers to collect food stamps, Social Security, veterans’ benefits for four nonexistent deceased veteran husbands, as well as welfare. Her tax-free cash income alone has been running $150,000 a year.’

The idea of a welfare queen has evolved into being characterized as a woman who stays on welfare, receiving benefits, and continuing to have children so she can get even more money from the government to support those children. In the eyes of many, the stereotype is thoroughly racist–she’s an under-performing black woman, living off of taxpayers’ money. The term is seen by many as a dog whistle of sorts, a way to play on the public’s racial anxieties without actively saying so.

Read More: No Strings Attached: Replacing Welfare With a Guaranteed Income

Some claim that Reagan’s story was a complete lie, but, there is some proof that it was at least based on reality. It now appears that there wasn’t just one welfare queen, but the subject of Reagan’s story  was actually an amalgamation of three different women. Craig R. Smith, a former speechwriter for Presidents Ford and George H.W. Bush said,

It hangs together as a good story because it’s consistent with people’s perception of the real world…Like in any good mythology, you need heroes and villains and in the Welfare Queen, you had a villain who was taking advantage of the system.

Regardless of the truth, this story changed the minds of many Americans about the state of the welfare system and the people who receive the benefits.


 What is the “Welfare Queen” law?

Nearly two decades ago, California  passed a law that many have come to call the “Welfare Queen” law. It states that a family that has any additional children while on the welfare system is barred from getting any increases in the grant it already receives from the state. There are exemptions made if the couple in question can prove that birth control measures such as sterilization, IUD, or Norplant failed. There are also concessions made if the case involves rape or incest. In cases like those, the mothers were more quickly offered medical, physical, and monetary help. California is not the only state to use a variation of this law. In fact, other states including Arizona, Mississippi, and Virginia have similar measures.


Senate Bill 23

California Democrats are fighting to repeal the measure, calling it “classism” and “prejudicial” to the citizens of the state. Holly Mitchell, a Senator from Los Angeles, is working for the third time to abolish the law. She introduced Senate Bill 23, which would repeal the “welfare queen” law.

Advocates for the poor are mounting their strongest efforts ever to repeal the “maximum family grant” ruling as the state is about to set its budget for the next year. These changes come after it was announced that California was named the state with the highest child poverty rate.

“It is a classist, sexist, anti-democratic, anti-child, anti-family policy whose premise did not come to fruition,” said Mitchell, the author of Senate Bill 23. “It did not accomplish what it set out to accomplish. So it’s appropriate to take it off the books.”

California is very split on this topic, ranging from those who would like to impose stronger rules against the so called “welfare queens” to those who want to completely annul the law.

Arguments to Eliminate the “Welfare Queen” Law

The average cost to raise a child in America, from birth to 18 years old, is $241,080, according to CNN Money. That breaks down to about $1,116 a month–something that many low-income families will not make. If a family has more than one child, many families will go without in order to provide for the children instead.

Advocates for repeal also argue that when it comes down to it, the law is aimed at controlling women. According to Sacramento Bee, Toni Atkins (D-San Diego) said reversing the policy is “critically important to families, telling a recent women’s policy summit in Sacramento that the criteria are “’invasive (and) insulting.’” Some have even compared the law to China’s One Child Policy. Women’s groups and Planned Parenthood find fault with this measure as well, citing that it is more controlling than necessary.

In addition, those who want to repeal it say that it unfairly punishes children for the actions of their parents. Newborns need care and support, and not allowing the parents of newborns to gain the necessary resources can endanger the health and wellbeing of those children.

In an unlikely collaboration, Linda Wanner, the associate director of government relations at the California Catholic Conference, said that her group favors annulment of the bill as well, but for other reasons: “We have the opportunity to remove burdensome county processes, reduce the number of children living in poverty, and, more importantly, eliminate the incentive to terminate a pregnancy,” she said.

Arguments to Keep the Law in Place

Those who oppose abolishing the law say that removing it to raise the amount of money that the family gets will not lift any family out of poverty. According to the Sacramento Bee, Mary L.G. Theroux, senior vice president of The Independent Institute, a nonprofit research organization based in Oakland, said she doesn’t disagree that the law did not prevent births. “The opportunity cost of them having another kid is not going to stop them from doing it,” she said. However, she continued to say that giving more money would not give the growing families the incentive to get help from charities, family members, or find higher paying jobs. She then continued, “What these programs are doing is completely handicapping people from learning how to take care of their families and how to help their children have a better life than they do.” In addition, many feel that these programs that provide complete care to parents and children actually hinder further development of the child and his or her autonomy.

There’s also a concern that repealing the law would be a huge economic strain on the state of California. The state’s economy has been struggling since the recession in 2008, and pouring more money into welfare could harm its rebound even further. One analyst claimed that repealing the law could cost up to $205 million a year, although that number is difficult to reliably quantify.

According to the Sacramento Bee, Senate Republican Leader Bob Huff (R-Diamond Bar) said that helping families in poverty is an important role for officials in the state government as well as people outside of the state, and is even a nationwide issue. The question is whether repealing the maximum grant is the best thing to do with the money. “Putting $200 million into an effective job training program or providing child care for working mothers would be a better use of resources,” Huff said. Huff “pointed to a long list of other needs for both the parents and children in the state, including services for the developmentally disabled and foster children.”


Conclusion

This is not the only time that discussions have been developed around the “welfare queen” law. In 1996, President Bill Clinton signed a welfare reform law, and then-Governor of California Pete Wilson and lawmakers compromised on a statewide program called CalWORKS in 1997. This bill stiffened the work requirements and set time limits, sanctions, grant levels, and eligibility requirements for California welfare recipients.

So how much fraud is there really in the welfare system? According to Eric Schnurer of the Atlantic it’s actually not so clear.

It’s not easy to get agreement on actual fraud levels in government programs. Unsurprisingly, liberals say they’re low, while conservatives insist they’re astronomically high. In truth, it varies from program to program. One government report says fraud accounts for less than 2 percent of unemployment insurance payments. It’s seemingly impossible to find statistics on ‘welfare’ (i.e., TANF) fraud, but the best guess is that it’s about the same. A bevy of inspector general reports found ‘improper payment’ levels of 20 to 40 percent in state TANF programs — but when you look at the reports, the payments appear all to be due to bureaucratic incompetence (categorized by the inspector general as either ‘eligibility and payment calculation errors’ or ‘documentation errors’), rather than intentional fraud by beneficiaries.

The number of people living in poverty in California, and nationwide, has continued to grow and grow. The face of welfare has changed since the 1980s, as has the amount of money that is needed to raise a child, especially in a state where the cost of living is high.


Resources

Primary

California Legislature: Senate Bill No. 23

Additional

Cal Coast News: California May Repeal “Welfare Queen” Law

CNN: Return of the ‘Welfare Queen’

NPR: The Truth Behind the Lies of the Original ‘Welfare Queen

New York Post: When Welfare Pays Better Than Work

CNN: Average Cost to Raise a Child

Huffington Post: California Poverty Rate

Slate: The Welfare Queen

Nieman Reports: The ‘Welfare Queen’ Experiment

SCPR: Lawmakers Debate Repeal of Welfare Queen Law in California

Jezebel: Reagan’s ‘Welfare Queen’ Was a Real Person and Her Story is Bananas

Editor’s Note: This post has been updated to credit select information to the Sacramento Bee. 

Noel Diem
Law Street contributor Noel Diem is an editor and aspiring author based in Reading, Pennsylvania. She is an alum of Albright College where she studied English and Secondary Education. In her spare time she enjoys traveling, theater, fashion, and literature. Contact Noel at staff@LawStreetMedia.com.

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