Was Pr. Obama Negligent In Forcing Enaction Of Health Care Law Without “changing” Congress First?
October 9, 2012
The answer to the question “Was President Obama negligent in forcing the enaction of the health care law without first making “the Change” he promised to make during his election-winning campaign, “the Change” that would have made Congress functional and efficient, “the Change” he forgot all about upon getting elected?” could be a matter of opinion open to debate. On the other hand, the answer to the question “What would happen to a surgeon who does to a patient, any of the things President Obama did to the country as he enforced the enaction of the health care law by Congress?” is clear as crystal. S/he would be sued for malpractice, accused of willful negligence and reckless endangerment, causing irreparable harm arising from the use of an outdated malfunctioning instrument, aggravated by prior knowledge of this risk, further aggravated by ignoring the warning of a board-certified specialist about that risk and continued use of a nonfunctioning instrument after it had become evident that it was not working. In addition, s/he would be accused of assault and battery for the failure to obtain an informed consent by disclosure of risks, complications and options. At trial, s/he would be found guilty of all charges, ordered to pay a heavy restitution, have her/his license reviewed if not revoked and further, if it could be even construed that s/he stood to benefit personally from her/his actions, s/he could face criminal prosecution, punitive fines and prison time and become a felon for life!
President Obama’s action that would make a surgeon guilty of using an “outdated malfunctioning instrument” was his use of the American Congress, an institution that has deteriorated over the years into one that functions inefficiently, if at all during peace time. (It functions very efficiently when it goes into the bipartisan mode during war time). The Congress was and will always be an “outdated malfunctioning instrument” because it is tethered to its time of inception by the American Constitution. Our Constitution, even though it is unquestionably the greatest instrument of democracy we possess, is centuries old and has no provision to keep itself automatically updated with advancements of knowledge, by the fact that it is fundamentally mono-partisan. It is driven by one factor, the will of the majority. This problem can easily be remedied by making bipartisanship mandatory, if not all the time, at least during all decision-making processes of consequence, something that will in all probabilities, need a constitutional amendment. Mandatory bipartisan decision-making will make the American Congress a maximally efficient decision-making and problem-solving machine by incorporating the principle that enabled Einstein to make physics maximally efficient. It will eliminate the fallibility of common sense and conventional wisdom from Congressional decision-making by insuring that the latest developments contained in the opinion of the minority is always unified with the time-proven opinion of the majority as an integral part of all decisions.
President Obama’s action that would make a surgeon guilty of “using an instrument that he knew was not functioning” is his public recognition of the fact that Congress was not working, during his election-winning campaign, and his fervent promise to “make a change” in Washington, to correct this situation, the promise that got him elected, the promise he forgot all about soon thereafter.
President Obama’s action that would make a surgeon guilty of using malfunctioning equipment in spite of being warned about it, is the fact that he was warned about this problem in a registered letter
that was sent to him by this writer, a board certified surgeon, informing him that reform of health care delivery by Congress without prior reform of the decision-making process used by it to solve problems, would make existing matters worse, cripple our ability to solve future problems and bankrupt the country eventually for biological, scientific and mathematical reasons. This is a prediction that is progressively coming true with the passage of every day. This letter was received at the White House as evidenced by the returned receipt, and ignored by President Obama as evidenced by his failure to acknowledge it, act upon it or refute its contentions.
President Obama’s action that would make a surgeon guilty of continuing to use an instrument after it became evident that it was not working is his continued use of campaigning as his brand of governance. President Obama is unquestionably the greatest campaigner of all time but history suggests that campaigning is a very inefficient form of governance and President Obama’s experience in his first two years has proved this fact beyond doubt by the failure of his campaign for bipartisanship. Instead of recognizing this failure as an indication for making bipartisan decision-making mandatory by constitutional amendment, he abandoned the concept of bipartisanship and has continued to campaign … this time, for his own re-election!
President Obama’s action that would make a surgeon guilty of failure to obtain an informed consent by disclosure of potential undesirable outcomes and alternatives was his failure to obtain an informed consent from the American people by disclosure of the potential risks and undesirable outcomes of his proposed health care bill, and his failure to disclose existence of other options. President Obama’s failure to disclose undesirable attributes of his health care bill was the inevitable outcome of the risk inherent in obtaining approval by campaigning, a process that gave him no option other than to dwell upon the positive aspects of his proposed bill while deliberately concealing the negative ones.
President Obama could have avoided all these eventualities simply by making “the change” he promised to make and making bipartisanship mandatory in all democratic decision-making processes, at least those of consequence, the standard of practice in all Congressional decision-making processes, using the method outlined in the letter he ignored
, before reforming health care delivery in America. This recommendation was made based on biological, physical and mathematical principles of surgery and the strategy Einstein used to discover relativity. This change would have automatically addressed all the problems associated with the use of conventional wisdom (the will and the opinion of the majority), using the plans-of-action based on the opposite of conventional wisdom (the unified will and the opinion/s of the minority that represents relativity as it applies to democratic governance) to eliminate all the undesirable eventualities arising from the use of the common-sense-based conventional wisdom. It would have brought Congressional proceedings up-to-date and insured that they would remain that way at all times.
Did President Obama stand to benefit personally from his actions? He would not have if he had not used his success at getting the health care bill passed into law to score brownie points during his re-election campaign.
Therefore, based on the biological, physical and mathematical evidence just presented, in my opinion, President Obama was negligent in reforming health care delivery in America without first reforming democratic decision-making in Congress by making bipartisanship mandatory in all democratic decision-making processes of consequence.
What can President Obama do to redeem himself? If he is re-elected, he must do what it takes to make bipartisanship mandatory in Congressional decision-making processes of consequence by constitutional amendment as the first thing he does in his second term and deliver on the promise he made to America, all Americans and to the world. Then he must revise the health care law and make it the best it could be and establish the pathway for standardization and optimization of future legislative procedures. If he does not get re-elected, he must do in his lame duck session what President Bush should have done in his lame duck session as described in the Abstract of Open Letter To President Bush
, and pave the way for his successor to do what he should have done. The President of America must be non-partisan or bipartisan. We cannot afford for him/her to be partisan any more..
If Gov. Romney gets elected, he should do what it takes to make bipartisanship in Congressional decision-making mandatory by constitutional amendment before he does anything else. He may be a great statesman and he may have had great success in Massachusetts at fostering bipartisanship using his statesmanship but we cannot afford to rely on anyone’s persuasive powers or any other variable factor to foster bipartisanship in our present volatile state that is likely to persist indefinitely into the foreseeable future. We need a system that is infallible. We do not need an orator, a debater, a task master, a salesperson or a sugar daddy as our next president. What we need is a President who will be a teacher who will teach every American how to be successful at everything in a hurry and the only way he can do it is by telling everyone about the algorithm for success at everything that Einstein used to discover relativity (by imploding Einstein’s I-Bomb in America
). For this to happen, every American must think and live bipartisanship
(be able to unify opposing concepts, factors and forces and make them work together towards attainment of the best goal possible under all circumstances) until it becomes a force of habit for everyone.
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