#1 2007-11-27 15:29:42

Who knew?

Don't think this is cruel? You're not poor.

Justices uphold welfare home searches

The ACLU had challenged a San Diego County policy, saying its warrantless inspections violated privacy rights. The Supreme Court refuses to hear it.

By David G. Savage, Los Angeles Times Staff Writer
November 27, 2007

WASHINGTON -- County welfare officers may conduct routine searches of the homes of welfare recipients to combat fraud under a ruling in a California case that the Supreme Court let stand Monday.

The justices refused to hear a challenge from the American Civil Liberties Union, which contended that San Diego County's policy of requiring home searches without a warrant violated privacy rights.

The 4th Amendment to the Constitution forbids the police to search a residence without a warrant. But the home inspections in San Diego County are different, judges said, because they do not seek evidence of a crime. Instead, they are intended to determine whether welfare recipients qualify for benefits.

The San Diego district attorney adopted a policy in 1997 under which applicants for welfare benefits must agree to a "walk through" of their residence while they are present. The inspectors check on whether the applicant has an eligible dependent child and has the amount of assets claimed. They also check on whether a supposedly "absent" parent lives at the residence. If residents refuse to permit a home visit, they can lose their benefits.

"No applicant has been prosecuted for welfare fraud based upon anything observed or discovered during a home visit," County Counsel John J. Sansone told the high court.

In its suit, the ACLU contended that the mandatory home searches, based on no evidence of wrongdoing, violated the 4th Amendment and its ban on unreasonable searches and seizures.

But a federal judge ruled for San Diego County, and a three-judge panel of the U.S. 9th Circuit Court of Appeals affirmed that ruling in a 2-1 decision last year. Judges A. Wallace Tashima and Andrew Kleinfeld formed the majority, while Judge Raymond Fisher dissented. Afterward, eight judges filed a dissent and argued unsuccessfully that the full 9th Circuit should reconsider the panel's ruling.

"This case is nothing less than an attack on the poor," said Judge Harry Pregerson, writing for the dissenters. "This is especially atrocious in light of the fact that we do not require similar intrusions into the homes and lives of others who receive government entitlements. The government does not search through the closets and medicine cabinets of farmers receiving subsidies."

Pregerson noted that San Diego is alone among California's 58 counties in mandating home searches for welfare recipients, but "this ruling will surely set a new standard," he added.

The ACLU asked the Supreme Court to take up the case of Sanchez vs. County of San Diego, but it was dismissed in a one-line order Monday.

david.savage@latimes.com

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Last edited by headkicker_girl (2007-11-27 15:43:09)

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#2 2007-11-27 15:47:00

That's been going on for decades.  It was first debated in the 60s because welfare breaks up homes.  E.g., if the parents are married and dad loses his job, mother and kids cannot get welfare as long as he lives in the house.  Thus, instead of giving assistance to stabilize the family, the father had to leave the home, further destabilizing the family.  This was basically what started the trend of single family homes in minority communities.

As a legal matter, I could have predicted that it would be loser because it's not a search and there's a compeling state interest, i.e., combating welfare fraud.  Whether it's effective is a different issue.

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#3 2007-11-27 16:08:15

headkicker_girl wrote:

As a legal matter, I could have predicted that it would be loser because it's not a search and there's a compeling state interest, i.e., combating welfare fraud.

Thanks for providing the text. I forgot about the registration.

If I gave it another twenty minutes, I could summon another couple dozen rights the poor have lost in recent memory but that would only piss me off more.

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#4 2007-11-27 16:40:27

headkicker_girl wrote:

...it's not a search and there's a compeling state interest, i.e., combating welfare fraud. Whether it's effective is a different issue.

Obviously, this is an astute assessment.

headkicker_girl wrote:

...welfare breaks up homes. E.g., if the parents are married and dad loses his job, mother and kids cannot get welfare as long as he lives in the house. Thus, instead of giving assistance to stabilize the family, the father had to leave the home, further destabilizing the family. This was basically what started the trend of single family homes in minority communities.

This one, I'm not so sure about.

I think it over-simplifies a number of socioeconomic factors; possibly, that it's just too focused on a particular situation, one we have stereotyped for minority families, but which affects "white households" on a greater, per capita basis...if for no other reason than they're [still] the majority population (even if blacks, latinos, et al. receive a disproportionate amount of the welfare benefits). The same groups (minus the caucasians, now) are also over-represented in prisons, just so we can all see where this is going.

It's sort of a chicken/egg problem. Which came first, the husbands leaving the household to find work or make their families more eligible for benefits, or their departure due to other circumstances? The "trend" in single-parent households was bolstered by a greater than 50% divorce rate, and the coincidental downturn in public trust for recipients was spearheaded by Reagan[-omics] and "Welfare Queen" scandals during his tenure.

The problem these "inspections" seek to combat isn't exclusively American. I was appalled to discover just how many British teens were getting pregnant multiple times, dropping out of school, and existing handsomely--and legally--on hefty payments for each child, in addition to free housing, food, and childcare.

All that said, I still come down on the side of considering these walk-thrus invasive, and if they haven't resulted in any fraud prosecutions, then that isn't much to say for their efficacy. It's not that the poor abjure their rights, but that the State has decided to claim a new format for one it already had. I just can't understand why the usual warrantless record and credit searches don't suffice for them. BTW, people with dependents were almost always visited by social service reps to ascertain children's safety.

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#5 2007-11-27 16:56:58

pALEPHx: This is from the Moynihan Report of 1965

Unemployment and Poverty

The impact of unemployment on the Negro family, and particularly on the Negro male, is the least understood of all the developments that have contributed to the present crisis. There is little analysis because there has been almost no inquiry. Unemployment, for whites and nonwhites alike, has on the whole been treated as an economic phenomenon, with almost no attention paid for at least a quarter-century to social and personal consequences.

In 1940, Edward Wight Bakke described the effects of unemployment on family structure in terms of six stages of adjustment.21 Although the families studied were white, the pattern would clearly seem to be a general one, and apply to Negro families as well.

The first two stages end with the exhaustion of credit and the entry of the wife into the labor force. The father is no longer the provider and the elder children become resentful.

The third stage is the critical one of commencing a new day to day existence. At this point two women are in charge:

"Consider the fact that relief investigators or case workers are normally women and deal with the housewife. Already suffering a loss in prestige and authority in the family because of his failure to be the chief bread winner, the male head of the family feels deeply this obvious transfer of planning for the family's well being to two women, one of them an outsider. His role is reduced to that of errand boy to and from the relief office."22

If the family makes it through this stage Bakke finds that it is likely to survive, and the rest of the process is one of adjustment. The critical element of adjustment was not welfare payments, but work.

"Having observed our families under conditions of unemployment with no public help, or with that help coming from direct [sic] and from work relief, we are convinced that after the exhaustion of self produced resources, work relief is the only type of assistance which can restore the strained bonds of family relationship in a way which promises the continued functioning of that family in meeting the responsibilities imposed upon it by our culture."23

Work is precisely the one thing the Negro family head in such circumstances has not received over the past generation.*

The fundamental, overwhelming fact is that Negro unemployment, with the exception of a few years during World War II and the Korean War, has continued at disaster levels for 35 years.

Once again, this is particularly the case in the northern urban areas to which the Negro population has been moving.

Of course the walk throughs are invasive.  They are meant to be.  They look in your closet for men's clothing, in your bathroom for men's toiletries, and they check to see if the kids have clothing.  Some women get benefits then pawn the kids off on other relatives who are getting nothing.   While it's a flawed system, I would imagine they catch enough people to make it worth while. 

Of course, the better course of action is the track down the absent father and make him pay his share of child support, but sometimes it's not so easy.  Some of the women, especially the teens, only know the father's alias and haven't a clue how to find them once they become pregnant.  Also, some women don't believe in "snitching" on the baby's daddy,  so they tell the state they don't know who he is or that they don't know where he is.

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#6 2007-11-27 17:49:01

headkicker_girl wrote:

Of course the walk throughs are invasive.  They are meant to be.

You're also assuming these are by the book inspections. I interviewed 30 separate, Section 8 households at random for a related story and found NONE of them conformed to law. Legal aid, you say? Are you laughing yet?

Complain and the ever present 24/7 video cameras mysteriously malfunction, your door gets kicked and a roach falls to the floor.

That's enough to get you evicted and banned from public housing for life. Shit, I should never have started this. It's a nonstop horror show the middle class will never recognize until they're sharing the same gutter and it's way too late.

Last edited by choad (2007-11-27 17:50:22)

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#7 2007-11-27 18:12:15

Lots of money for corporate welfare though, and weapons.  Lots of weapons.  It is getting better all the time.  http://www.truthdig.com/report/item/200 … of_empire/

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#8 2007-11-27 18:52:06

Dmtdust wrote:

Lots of money for corporate welfare though, and weapons.

Oh, look. It's the 532nd "Decline of the American Empire" article I've seen since January 2001. I usually enjoy TruthDig, but--tho I agree that shooting down childcare and education (no child can be left behind if they're ALL behind) in favor of more defense spending is a perennially perverted priority--the Look How Far We've Fallen recaps are getting tedious.

headkicker_girl wrote:

This is from the Moynihan Report of 1965... Of course, the better course of action is the track down the absent father and make him pay his share of child support...

Of course I'm familiar with the Moynihan Report. While progressive for its time, it's now antiquated crapola:

The report concluded that the structure of family life in the black community constituted a 'tangle of pathology...capable of perpetuating itself without assistance from the white world...' (source)


I still agree that time/money would be better spent tracking down deadbeat dads of any socioeconomic status, and not just leaving that sort of investigatory work to Maury and Jerry.

choad wrote:

You're also assuming these are by the book inspections... Shit, I should never have started this.

I doubt she is, but was never under any such impression. Welfare inspectors and social service caseworkers are over-loaded, under-paid, and their training is not commensurate with the problems they are expected to root out and resolve. Presently, the only "resolution" is to be unceremoniously booted off the dole for everything from minor infractions to clerical errors. After that, you're right. It's well nigh on impossible for a single mother to work, care for the kids, and fight the system at the same time.

While I don't think it's a bad thing that you started the thread, I might agree that the topic is a little out of the scope of High-Street. If you wanted to give the place a more conversational bent, then maybe it's time to start creating subforums for submissions instead of leaving them all in one uncategorized jumble. That way, people can do all the eyebleach, civic posturing, and offbeat news articles that they want without having to worry what goes where.

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#9 2007-11-27 19:28:41

The Moynihan report has good data, but the analysis was flawed.  They took all the data and blamed the collapse of the black family on black women instead of the social conditions that forced black women to take charge of the family.

And no, Choad, I don't assume the inspections are by the book. They are subjective.  I've been on the attorney side of representing parents who were accused of having their kids in my school district.  The school inspectors had the same lattitude to go to homes and assess whether people actually lived in the district, and sometimes they were wrong, but many times they were right. 

Unfortunately, there's not a better way to check for fraud.  Poor people are not saints.  They lie, as I know first hand from my work with legal aid.

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#10 2007-11-27 19:29:19

Without going in-depth on a subject that burns my ass, (from all perspectives)
I am reminded of an article I read many years ago.  A young black girl was asked what she wanted to do when she grew up.  She replied "I want to have babies and go on welfare..."  as if it were a career choice.  Though I can't quote the source, it has always stuck with me.  This "problem" is generational,  poverty AND public support.  The poor are unfortunately used (more so, recently) as fodder for our wars and as scapegoats to rationalize the outrageous economic disparity that is our culture.  Crack and heroin help in this pernicious and vile scheme.  Thanks to George I and the Cocaine Import Agency.... Keep 'em down and addicted, so they won't see the real culprits, and if they do, they'll be too dope-sick to do anything about it...  Now I'm going off the deep end.....

But, really, thanks Choad for posting a rather serious and volatile subject.  Maybe this will be a defining point for H.S. and set it apart from the remains of Cruel.com  I think P.'s last suggestion was worth consideration.

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#11 2007-11-27 19:53:10

pALEPHx wrote:

no child can be left behind if they're ALL behind

That needs to be on a banner, if not a political campaign.

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#12 2007-11-27 20:05:11

Lurker wrote:

But, really, thanks Choad for posting a rather serious and volatile subject.  Maybe this will be a defining point for H.S. and set it apart from the remains of Cruel.com  I think P.'s last suggestion was worth consideration.

Forgive me if I remind you, myself and everyone else here High-Street is a group effort that'll fall flat on its ass if it doesn't arrive at consensus before it makes any fundamental changes. I pushed hard for eyebleach labels when I got forceful reminders that failing to do so would kill the site.

Personally, I don't want to see High-Street fracture into countless tiny affinity groups, entirely lose its focus and become impossible for any one person to track. If there's such an ugly beast as reverse branding, that is it. Homos in one place, straights in another, Fnord and his White Knights... No, I don't even want to imagine it.

I was a social worker myself a couple lifetimes ago at the very northern tip of Appalachia and I can trump horror stories from the shallow end of the gene pool with anyone alive. I can also sit here and insist we treat the poor like human garbage at our own peril. They deserve dignity and respect even if they don't earn it. Otherwise, it comes back to bite us all in the ass.

Last edited by choad (2007-11-27 20:06:38)

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#13 2007-11-27 20:22:24

Lets face it; our welfare system is screwed up and encourages fraud and multigenerational welfare whoredom.   New York and New Jersey had a case a few years ago of an extended family of Puerto Ricans who had leached several million in welfare payments; this was the family business, producing children, and collecting benefits.  One member of the family told a reporter to tell the taxpayers to shut up and continue sending money.  There are families where no member has held a job for four generations; welfare whoredom is the family’s traditional livelihood.  As Headkicker pointed out, welfare breaks up families or makes single parent families a better choice than two parent families.  Realistic efforts need to be made to move people towards self-sufficiency, both for the good of society and the good of recipients of public assistance.  Public assistance should be easily available to help people deal with bad times, and not a livelihood in and of itself.

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#14 2007-11-27 20:45:20

I couldn't have said it better myself, Fnord.

Destroy the entire system and rebuild from scratch. And thanks also for once again ignoring my ad hominem ridicule of your oft stated convictions.

Last edited by choad (2007-11-27 20:47:10)

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#15 2007-11-27 20:59:05

fnord wrote:

As Headkicker pointed out, welfare breaks up families or makes single parent families a better choice than two parent families.

The no-fault divorce has more to do with the current increase in households headed by single mothers.  Together with women's increased entry into the work-force during the 1970s, it allowed married women with children to leave a bad situation if they had to, without needing to wait until they had an excuse, like battery. 

Welfare has its faults, but don't give welfare the perceived blame for recent trends toward increasing single-motherhood.

Last edited by asdf1971 (2007-11-27 21:00:02)

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#16 2007-11-27 21:12:17

asdf1971 wrote:

The no-fault divorce has more to do with the current increase in households headed by single mothers.  Together with women's increased entry into the work-force during the 1970s, it allowed married women with children to leave a bad situation if they had to, without needing to wait until they had an excuse, like battery. 

Welfare has its faults, but don't give welfare the perceived blame for recent trends toward increasing single-motherhood.

They don't have no fault divorces in New York, yet they have just as many single parent homes as any other state.  No fault divorce does not belong in this discussion.

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#17 2007-11-27 21:23:21

Roger_That wrote:

DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE (this belongs on Drudge!) DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE DRUDGE

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#18 2007-11-27 21:30:49

headkicker_girl wrote:

No fault divorce does not belong in this discussion.

I agree but you've bucked the co-dependent norm better than any other single parent I can remember,  so would you mind addressing that part of the equation?

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#19 2007-11-27 21:36:52

Emmeran wrote:

DRUDGE DRUDGE DRUDGE

Such wit! Such wisdom! Such squandered bandwidth! And ordinarily, I'd agree but give it a rest and let us regroup. Or STFU and post something better.

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#20 2007-11-27 21:41:08

choad wrote:

I agree but you've bucked the co-dependent norm better than any other single parent I can remember,  so would you mind addressing that part of the equation?

1.  First husband is a doctor, so he could afford to pay child support and did.  I didn't have children with someone who couldn't afford them.

2.  I got remarried to someone who is stable and gainfully employed (11 years and counting)...I didn't try to raise my son alone. 

3.  I was a single parent for about 2 years, but my son had contact with his father during that time and I never said anything bad about him to my son even though he was trying my patience.

My advice to single moms, based on my days as a divorce attorney, would be a whole new thread.

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#21 2007-11-27 21:54:17

Ok, since the issue of no fault divorce came up, here's the deal with a no fault...it's only fast if both sides agree to it.  Otherwise, it can take just as long as a divorce on fault grounds because people still fight over custody, visitation, distribution of assets, etc.

In a state where you have to prove fault, usually one person will agree to be the party at fault to expedite the divorce, thus making the timeline the same as an agreed divorce.  I have a friend from New York who is still bitter that he had to agree to a divorce on the grounds of mental cruelty because his wife wouldn't agree to be at fault, even though

No fault does not encourage or make divorce easier...it just takes away the need to PROVE a fault.  It does not make it easier to divide property or deal with issues of custody.  Also, in most no fault states one can still ask for a divorce on fault grounds. 

So, when conservatives try to claim that no fault divorces are the cause of the decline of American families, it's a red herring.

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#22 2007-11-27 22:13:38

Pale Wrote:

"Oh, look. It's the 532nd "Decline of the American Empire" article I've seen since January 2001. I usually enjoy TruthDig, but--tho I agree that shooting down childcare and education (no child can be left behind if they're ALL behind) in favor of more defense spending is a perennially perverted priority--the Look How Far We've Fallen recaps are getting tedious."


Oh Fuck You.  It needs to be brought up. 


Thank You, Asswipe.


Yer Pal,

Dusty

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#23 2007-11-27 22:29:58

choad wrote:

Emmeran wrote:

DRUDGE DRUDGE DRUDGE

Such wit! Such wisdom! Such squandered bandwidth! And ordinarily, I'd agree but give it a rest and let us regroup. Or STFU and post something better.

Actually I was childishly quoting from a thread I posted along this nature  =)

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#24 2007-11-28 00:14:26

Emmeran wrote:

choad wrote:

Emmeran wrote:

DRUDGE DRUDGE DRUDGE

Such wit! Such wisdom! Such squandered bandwidth! And ordinarily, I'd agree but give it a rest and let us regroup. Or STFU and post something better.

Actually I was childishly quoting from a thread I posted along this nature  =)

Personally, I never did mind such items being posted on Cruel on occasion.  It only became annoying to me when Foot-In-Mouth began posting up to ten stories from Faux "News" per day (Which, as I recall, was the motivator behind the three post limit).  I'm glad that Choad posted this on High-Street, or I'd have likely never seen it.

Last edited by Decadence (2007-11-28 00:15:24)

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#25 2007-11-28 03:55:40

asdf1971 wrote:

pALEPHx wrote:

no child can be left behind if they're ALL behind

That needs to be on a banner, if not a political campaign.

If you can find me a suitable picture to go with...

Dmtdust wrote:

Oh Fuck You.  It needs to be brought up. 

Thank You, Asswipe.

Yer welcome. Now calm yo'self. I wasn't disagreeing with its premise or content at all, only that it's the umpteenth time I've heard some whiner carry on stating the obvious without doing much more than write about it. I am no less fed up and discontented with this gimlet-eyed view of the US, but I'm sick of reading the meta-analyses authored by Harbingers O'Doom. One need only try to buy gas or milk, vote, or conduct a private phone conversation in this country to see it's been steered in a crappy direction. While I'm not implying that op-eds of that nature shouldn't be read and understood by all, I would eminently prefer that people acted on such observations if they're so afraid the American Dream is choking and gurgling.

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