One of the most significant pieces of public policy I have ever seen in my legislative career is the Patient Protection and Affordable Care Act (ACA). Despite its current implementation in Tennessee and other states, some Americans still do not agree with this law. Discontent is apparent, and a firestorm of political backlash has resulted. Furthermore, some members of Congress, displeased with their inability to derail the ACA, recently thwarted budget talks and shut down the federal government for 16 days. Millions of Americans, particularly those in communities of color, were harmed by these actions.
As the ACA rolls out, challenges continue to arise. However, we must not be discouraged. American history shows us this is not the first time that legislation aimed at improving the social status, economic vitality, and/or political progress of all Americans has passed amidst controversy.
When the Social Security Act (SSA) was initially signed into law in 1935 there was political pushback. The debate centered on the text of the law and several of its provisions. Similar to the ACA, the original SSA was a broad-sweeping, omnibus bill containing 11 titles authorizing seven distinct programs. They included the nation’s first unemployment compensation program, aid to the states for various health and welfare programs, and the Aid to Dependent Children program.
Liberals and members of the Democratic party felt the law did not go far enough to help citizens and was discriminatory—nearly two-thirds of all working African Americans and just over half of all working women were not originally covered by the SSA. Conservatives viewed it as a socialist policy doomed to fail. The SSA was eventually amended to include Medicare and Medicaid, and to expand beneficiaries to include all working African Americans and women. To date, Social Security serves as a strong safety net for us all and almost 50% of African-American beneficiaries rely on Social Security for 90% or more of their income.
In the wake of recent events, we also cannot forget our racial history and the conflict around policies and programs passed to advance civil and human rights. The Civil Rights Act of 1964 and the Voting Rights Act of 1965 are two examples of legislation enacted to curtail discrimination, increase access, and improve the lives of minorities and women in this great nation. The 1960s was a period of intense activity. Laypersons and local elected officials alike became national flag bearers for justice and advocating for the law, while others questioned their purpose and passage (and still do today). Although parity has yet to be achieved, great strides have been made to improve the social status of African Americans and all minorities in the U.S. since bill passage. We celebrate these accomplishments through commemorative events such as those just held to celebrate the 50th anniversary of Dr. Martin Luther King Jr.’s March on Washington.
The Executive Orders that established Affirmative Action programs in 1961 and 1965 were just as controversial and fervently opposed as The Women’s Suffrage Movement had been two generations before when the 19th Amendment was finally signed into law. Nevertheless, both were then and still remain imperative social policies. Besides showing us that the American public policy process is wrought with instances of political dissention, these examples collectively represent social justice and triumph. Each a piece of landmark legislation in its own right, they faced political adversity, and won.
NBCSL members have played a role in preserving these policy victories, fighting any efforts to undermine or weaken laws and policies that were centuries overdue. Often at the vanguard of our nation’s journey to protect the rights of all Americans, NBCSL is dedicated to providing a voice for the under-represented and disenfranchised and supporting policies that directly improve upon their everyday lives.
We must remain steadfast in these fights and weather the storm. There are several pieces of legislation that cross our desks throughout our time in the Statehouse. We determine the ultimate impact these policies will have on our communities. In other words, the fate of the Patient Protection and Affordable Care Act is on us.
History shows us that “their” dissention will not impede upon “our” progress.
Onward and Upward.
Representative Joe Armstrong (TN)
President, National Black Caucus of State Legislators
