Sunday, January 24, 2010

This Senator brought to you by Gazprom | The Economist

This Senator brought to you by Gazprom | The Economist

MARK KLEIMAN points out an interesting wrinkle in the Supreme Court's decision that corporations can spend as much as they want on any kind of political advertising they like:

As far as I can tell, the analysis doesn’t distinguish between domestic and foreign corporations. Not that it would matter much, since a foreign corporation can always establish a domestic subsidiary, or buy an American company: Cities Service, for example, is a unit of PDVSA, the Venezuelan state oil company. So the ruling allows Hugo Chavez to spend as much money as he wants to helping and harming American politicians...

Nor is this a problem that can be handled by “disclosure.” The ad on TV praising the opponent of the congressman who did something to annoy Hugo Chavez won’t say “Paid for by Hugo Chavez.” It will say “Paid for by Citizens for Truth, Justice, and the American Way,” which in turn will have gotten a contribution from “Americans for Niceness,” which in turn will have gotten a contribution from a lobbyist for a subsidiary of Cities Service that no one has ever heard of.

...

Nevertheless, this decision strikes me as wrongheaded. I'm no constitutional-law scholar. Maybe the majority opinion, written by Anthony Kennedy (pictured), is in many ways brilliant and convincing. But this key sentence is factually and logically false: "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens or associations of citizens, for simply engaging in political speech." For over a century, Congress has passed laws which fine citizens or associations for engaging in political speech in certain ways and at certain times. And yet the first amendment still seems very much in force. It had a tremendous amount of force in, for example, protecting the New York Times' right to publish the Pentagon Papers and so on.

...

Restrictions on election campaigning and corporate election spending exist throughout the democratic world, and yet actual citizens maintain their ability to express their views. That's because, as John Paul Stevens said in his dissent, for-profit corporations are different from non-profit citizens' associations and from individuals. The judges' refusal to perceive such apparently elementary distinctions will lead to a vast increase in the ability of corporations to influence politics. This will prompt some to question their motivations. The decision was five to four, dividing the court along party ideological lines.

Changes in the Way Corporations Can Finance Campaigns - Graphic - NYTimes.com

Changes in the Way Corporations Can Finance Campaigns - Graphic - NYTimes.com
[to remember the list ...]

The Supreme Court ruled 5-4 that corporations may spend freely to support or oppose candidates for president and Congress, lifting limits that had been in place for decades. It left in place a prohibition on direct contributions to candidates from corporations and unions. A look at how rules on corporate cash in politics have changed:

1907

Tillman Act

Congress

Prohibits corporations and national banks from contributing money to federal campaigns. President Theodore Roosevelt helped secure the law's passage at a time of growing concern about the ability of railroads and other big companies to buy influence in the political process.

1940

Hatch Act amendment

Congress

Prohibits individuals and businesses working for the federal government from contributing money to federal campaigns.

1943

Smith-Connally Act

Congress

Prohibits labor unions from contributing money to federal campaigns. Campaign contributions from organized labor had been on the rise since the 1936 elections.

1947

Taft-Hartley Labor Act

Congress

Prohibits unions, corporations and national banks from making any "contribution or expenditure" to federal campaigns. Extends the prohibition to include primaries as well as general elections.

1971

Federal Election Campaign Act (FECA)

Congress

Upholds the ban on direct contributions by corporations and unions but allows them to use their general funds to set up separate political action committees, financed by the voluntary contributions from employees and stockholders and subject to detailed public disclosure requirements. Limits spending on media advertisements.

According to the Federal Election Commission, the campaign finance laws enacted before FECA. "were largely ignored," "because none provided an institutional framework to administer their provisions effectively." FECA made fundamental changes in the way campaigns were financed, requiring extensive record-keeping and full disclosure of donations and spending.

1974

Amendments to FECA

Congress

Limits PAC contributions to $5,000 for a candidate and independent expenditures on behalf of a candidate to $1,000. Relaxes earlier ban on contributions from federal government contractors, allowing corporations and unions with federal contracts to establish and operate PACs. Abolishes limits on media advertising.

Congress made the changes in response to Watergate and its disclosures of illegal fund-raising by President Richard M. Nixon.

1976

Buckley v. Valeo

Supreme Court

Upholds limits on campaign contributions placed by FECA. but strikes down the law's limits on expenditures by or on behalf of candidates on the ground that political spending was an aspect of free speech protected by the First Amendment.

1976

Amendments to FECA

Congress

Puts significant restrictions on solicitations by political action committees, specifying who could be solicited and how solicitations would be conducted. Adopts a single contribution limit for all PACs established by the same union or corporation.

1979

Amendments to FECA

Congress

Allows large, unlimited "soft money" contributions and expenditures by corporations, unions and individuals to political party committees, avoiding restrictions that apply to donations given directly to individual candidates.

1987

Federal Election Commission v. Massachusetts Citizens for Life Inc.

Supreme Court

Draws a distinction among corporations in ruling that nonprofit corporations whose purpose was advocacy on issues had a First Amendment right to make independent expenditures. The court said that Massachusetts Citizens for Life Inc., a small, nonprofit anti-abortion group, could not be barred from spending its money in a political campaign or required to set up a political action committee before doing so.

1990

Austin v. Michigan Chamber of Commerce

Supreme Court

Upholds the power of both the federal and state governments to restrict corporate involvement in political campaigns, ruling that corporations may be prohibited from spending money from their treasuries to support or oppose political candidates.

2002

Bipartisan Campaign Reform Act (McCain-Feingold law)

Congress

Prohibits national political parties and their committees from accepting or spending "soft money." Allows state and local party committees to accept up to $10,000 each year per individual for get-out-the-vote and voter-registration efforts in federal elections.

Prohibits unions, corporations and nonprofit groups from paying for broadcast, cable or satellite transmission of "electioneering communications," if the ads refer to a specific candidate and run within 60 days of a general election or 30 days before a primary. Such ads could be paid for only with regulated hard money through political action committees.

2003

McConnell v. Federal Election Commission

Supreme Court

Upholds the central provisions of the McCain-Feingold law. The new restrictions are amply justified by the political system's recent experience, the court says, adding that the restriction on "electioneering communications" is not unconstitutional "on its face."

2007

Federal Election Commission v. Wisconsin Right to Life

Supreme Court

Eases the McCain-Feingold ban on “electioneering communications” financed by corporations and unions. The court says the restrictions amount to censorship of core political speech unless the communications explicitly urge a vote for or against a particular candidate.

2010

Citizens United v. Federal Election Commission

Supreme Court

Rules that corporations may spend freely to support or oppose candidates for president and Congress. The court overturns Austin v. Michigan Chamber of Commerce, saying that “the expenditure ban invalidated" in Buckley v. Valeo applies to corporations and unions, not just individuals. The ruling does not affect prohibition on direct contributions to candidates from corporations and unions or the McCain-Feingold restrictions on soft money.

Statement from the President on Today's Supreme Court Decision | The White House

Statement from the President on Today's Supreme Court Decision | The White House
For Immediate Release | January 21, 2010 | Statement from the President on Today's Supreme Court Decision

With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington--while undermining the influence of average Americans who make small contributions to support their preferred candidates. That's why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less

2009 Democratic agenda severely weakened by Republicans' united opposition - washingtonpost.com

2009 Democratic agenda severely weakened by Republicans' united opposition - washingtonpost.com
Washington Post Staff Writers
Sunday, January 24, 2010

The breathless pace that President Obama set after taking office last January jolted lawmakers from the soporific haze of the final George W. Bush years, revving up dormant committees and lighting up phone lines with a frenzy of dealmaking.
...

Then the bullet train screeched to a halt. Republican Scott Brown's victory in the Massachusetts special election on Tuesday cost the Democrats' their filibuster-proof Senate majority. Obama's biggest priorities -- overhauling health care, expanding college aid, reducing climate change -- are now in limbo, facing dim prospects as Republicans show little interest in cooperating, and Democrats brace for a 2010 midterm election year potentially as volatile as 1994, when the GOP captured the Senate and the House two years after Bill Clinton was elected president.

The agenda, Obama acknowledged Friday, had run into a "buzz saw" of opposition. "It's just an ugly process," he told an audience at an Ohio community college. "You're running headlong into special interests, and armies of lobbyists, and partisan politics that's aimed at exploiting fears instead of getting things done. And the longer it takes, the uglier it looks. . . . I can promise you there will be more fights ahead."

...

Courting the GOP

...

But Republican votes never materialized -- at least not in meaningful form that the White House had in mind. The first hint of GOP obstruction had emerged in January, when Obama made an early trip to Capitol Hill to urge support for his stimulus bill.

...

But even as he spoke, House GOP leaders were urging their rank-and-file to vote against the rescue package. Obama had just departed when House Minority Leader John A. Boehner (Ohio) issued a statement calling the plan a "wasteful and unfocused package."

The bill received zero Republican votes in the House. ...
...
Brown's victory in Massachusetts crushed those hopes. ...

[i.e. the 60th senator controls whether anything gets passed ... Democarcy at its finest! ed.]

Saturday, January 23, 2010

Ruth Marcus - Court's campaign finance decision a case of shoddy scholarship - washingtonpost.com

Ruth Marcus - Court's campaign finance decision a case of shoddy scholarship - washingtonpost.com
By Ruth Marcus | Saturday, January 23, 2010

In opening the floodgates for corporate money in election campaigns, the Supreme Court did not simply engage in a brazen power grab. It did so in an opinion stunning in its intellectual dishonesty.

Many of those commenting on the decision in Citizens United v. Federal Election Commission have focused on the power-grab part. I agree with them. It was unnecessary for the court to go so far when there were several less-radical grounds available. It was audacious to seize the opportunity to overrule precedents when the parties had not pressed this issue and the lower courts had not considered it. It was the height of activism to usurp the judgments of Congress and state legislatures about how best to prevent corruption of the political process.

"If it is not necessary to decide more, it is necessary not to decide more," a wise judge once wrote. That was Chief Justice John G. Roberts -- back when -- and dissenting Justice John Paul Stevens rightly turned that line against him.

As bad as the court's activism, though, was its shoddy scholarship.

First, the majority flung about dark warnings of "censorship" and "banned" speech as if upholding the existing rules would leave corporations and labor unions with no voice in the political process. Untrue. Under federal election law before the Supreme Court demolished it, corporations and labor unions were free to say whatever they wanted about political candidates whenever they wanted to say it. They simply were not permitted to use unlimited general treasury funds to do so. Instead, they were required to use money raised by their political action committees from employees and members. This is hardly banning speech.

Second, in the face of logic and history, the majority acted as if there could be no constitutional distinction between a corporation and a human being. Untrue. The Supreme Court has long held that corporations are considered "persons" under the Constitution and are therefore entitled to its protections. For more than a century, Congress has barred corporations from making direct contributions to political candidates, with no suggestion that it must treat corporate persons the same as real ones; that prohibition stands, at least for now. The "conceit" of corporate personhood, as Stevens called it, does not mandate absolute equivalence. That corporations enjoy free-speech protections does not mean they enjoy every protection afforded an actual person. Is a corporation entitled to vote? To run for office?

Third, misreading its precedents and cherry-picking quotations, the majority acted as if the chief case it overturned was an outlier. In that 1990 case, Austin v. Michigan Chamber of Commerce, a six-member majority came to the unsurprising conclusion that a state law prohibiting corporations from making unlimited independent expenditures from their general funds was constitutional. The court dismissed this ruling as "a significant departure from ancient First Amendment principles." Again, untrue. ...

Harkin, Dem Groups Working To End Filibuster

Harkin, Dem Groups Working To End Filibuster

Sen. Tom Harkin (D-Iowa) is asking his Senate colleagues to join his effort to effectively take away the minority party's power to filibuster legislation.

The Iowa Democrat is planning to introduce legislation in the next few weeks that would alter the parliamentary procedures that have so easily allowed Republicans to derail legislation in this Congress.

"The Senate's current rules allow for a minority as small as one to make elections meaningless," he writes in a letter to colleagues (see below). "The filibuster was once an extraordinary tool used in the rarest of instances... Today, rather than an unusual event, the filibuster (or the threat of a filibuster) is a regular occurrence..."

"The legislation I intend to introduce later this month would amend the Standing Rules of the Senate to permit a decreasing majority of Senators to invoke cloture," Harkin adds. "On the first cloture vote, 60 votes would be needed to end debate. If one did not get 60 votes, one could file another cloture motion and 2 days later have another vote. That vote would require 57 votes to end debate. If cloture was not obtained, one could file another cloture motion and wait 2 more days. In that vote, one would need 54 votes to end debate. If one did not get that, one could file one more cloture motion, wait 2 more days, and 51 votes would be needed to move to the merits of the bill."

A long time proponent of filibuster reform, Harkin introduced a similar bill in the early 1990s. Back then his ally in the cause was Sen. Joseph Lieberman of Connecticut, then a Democrat. But today, there seems to be limited appetite on the Hill to tackle the topic. A change to Senate rules would require 67 votes for passage and few expect Republicans to unilaterally give up their power to obstruct. ...

The Supreme Court's Citizen United Decision Is Terrifying

The Supreme Court's Citizen United Decision Is Terrifying

If you're looking for a concise way of capturing today's Supreme Court decision in Citizens United v. Federal Election Commission, how about: "We are all royally, hopelessly fucked for the rest of recorded time"? It's coarse, I know, but it really does the trick.
...

In one swoop, the court did away with nearly everything in federal campaign finance law, allowing corporations free reign to inject as much money as they jolly well please into federal campaigns. The decision completes what Slate's Dahlia Lithwick calls "The Pinocchio Project," in which the Court transforms "a corporation into a real live boy," complete with personhood, free-speech rights and the unfettered opportunity to drown the body politic in a tidal wave of perverse incentives.

Here's what President Barack Obama had to say about this:

"With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics," said President Obama in a statement. "It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans... That's why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision."

Oh, but the president is being charitable! Here are some data points to chew on:

A very large percentage of U.S. corporations are owned by foreign persons or entities. In 2006, USA Today reported: "Nearly one in five U.S. oil refineries is owned by foreign companies. Foreign companies also have a sizable presence in running power plants, chemical factories and water treatment facilities in the United States." It was also reported that, "Roads and bridges built by U.S. taxpayers are starting to be sold off, and so far foreign-owned companies are doing the buying." In 2008, it was reported that foreign ownership of U.S. companies "more than doubled" between 1996 and 2005. To get a fix on the spending power, consider this: "The total receipts of foreign-owned companies were $1.7 trillion in 1996 and just $39 billion in 1971."

I'm not trying to stoke zero-sum xenophobia, here. The idea of foreign persons or entities seizing -- by judicial fiat -- such a dramatic advantage in terms of influence over the American people seems to me to be, as they say, less than ideal. ...

Tuesday, January 19, 2010

OpEdNews - Article: The Rule of Law Has Been Lost

OpEdNews - Article: The Rule of Law Has Been Lost
...
The greatest human achievement is the subordination of government to law. This was an English achievement that required eight centuries of struggle, beginning in the ninth century when King Alfred the Great codified the common law, moving forward with the Magna Carta in the thirteenth century and culminating with the Glorious Revolution in the late seventeenth century.

The success of this long struggle made law a shield of the people. As an English colony, America inherited this unique achievement that made English speaking peoples the most free in the world.

In the first decade of the twenty-first century, this achievement was lost in the United States and, perhaps, in England as well.

As Lawrence Stratton and I show in our book, "The Tyranny of Good Intentions" (2000), the protective features of law in the U.S. were eroded in the 20th century by prosecutorial abuse and by setting aside law in order to better pursue criminals. By the time of our second edition (2008), law as a shield of the people no longer existed. Respect for the Constitution and rule of law had given way to executive branch claims that during time of war government is not constrained by law or Constitution.
...
The First Amendment is being closed down. Its place is being taken by propaganda in behalf of whatever government does. As Stratton and I wrote in the second edition of our book documenting the destruction of law in the United States:
"Similar assaults on the rule of law can be observed in England. However, the British have not completely given up on accountable government. The Chilcot Inquiry is looking into how Britain was deceived into participating in the illegal U.S. invasion of Iraq. President Obama, of course, has blocked any inquiry into how the U.S. was deceived into attacking Iraq in violation of law."
Much damning information has come out about Blair's deception of the British government and people. Sir David Manning, foreign policy advisor to Blair, told the Chilcot Inquiry that Blair had promised Bush support for the invasion almost a year in advance. Blair had told his country that it was a last-minute call based on proof of Iraq's possession of weapons of mass destruction.

Sir William Patey told the inquiry that President Bush began talking about invading Iraq six or seven months prior to September 11, 2001. A devastating official memo has come to light from Lord Goldsmith, Prime Minister Blair's top law official, advising Blair that an invasion of Iraq would be in breach of international law.

Now a secret and personal letter to Prime Minister Blair from his Foreign Secretary, Jack Straw, has surfaced. In the letter, the Foreign Secretary warned the Prime Minister that his case for military invasion of Iraq was of dubious legality and was likely as false as the argument that removing Saddam Hussein would bring Iraqis a better life.

Blair himself must now testify. He has the reputation, whether deserved or not, as one of the slickest liars in the world. But some accountability seems to be heading his way. The Sunday Times (London) reported on January 17 that the latest poll indicates that 52 percent of the British people believe that Blair deliberately misled his country in order to take Britain to war for the Americans. About one quarter of the British people think Blair should be put on trial as a war criminal.

Unlike the U.S., which takes care to keep the government unaccountable to law, Britain is a member of the International Criminal Court, so Blair does stand some risk of being held accountable for the war crimes of President George W. Bush's regime and the U.S. Congress.

In contrast, insouciant Americans are content for their government to behave illegally. A majority supports torture despite its illegality, and a McClatchy-Ipsos poll found that 51 percent of Americans agree that "it is necessary to give up some civil liberties in order to make the country safe from terrorism.

As our Founding Fathers warned, fools who give up liberty for security will have neither

Arianna Huffington: "Hope" Has Been a Bust, It's Time for Hope 2.0

Arianna Huffington: "Hope" Has Been a Bust, It's Time for Hope 2.0

On the eve of the first anniversary of President Obama's inauguration, it's become painfully obvious that elected officials are not going to save us. The 2008 election was all about "Hope." But Hope is simply not cutting it.

What we need is Hope 2.0: the realization that our system is too broken to be fixed by politicians, however well intentioned -- that change is going to have to come from outside Washington.

This realization is especially resonant as we celebrate Dr. King, whose life and work demonstrate the vital importance of social movements in bringing about change. Indeed, King showed that no real change can be accomplished without a movement demanding it.

As Frederick Douglass put it: "Power never concedes anything without a demand; it never has and it never will."

...

Similarly, before the start of WWII, legendary labor leader A. Philip Randolph, president of the Brotherhood of Sleeping Car Porters, lobbied FDR to promote equal employment opportunities in the defense industry. Roosevelt was sympathetic but made no promises. Randolph responded by taking his cause to the American people, organizing a massive march on Washington. Concerned about the impact the march would have on the country's wartime morale, Roosevelt got Randolph to call it off by issuing an executive order banning discrimination in defense industries and creating the Fair Employment Practices Committee to watch over hiring practices.

And since the days of FDR and LBJ, the system has only gotten more rigged, and the powers-that-be more entrenched. As Janine Wedel shows in Shadow Elite, the power of special interests to thwart meaningful change -- often by co-opting the rhetoric of change but producing in its name a further consolidation of the status quo -- has never been stronger. The health care bill's path from fundamental reform to fiasco is only the latest example.

A year ago this week, Obama proclaimed, "We gather because we have chosen hope over fear, unity of purpose over conflict and discord. On this day, we come to proclaim an end to the petty grievances and false promises, the recriminations and worn-out dogmas that for far too long have strangled our politics."

One year later, wracked with conflict and discord, and battered by petty grievances, false promises, and worn out dogmas, we stand on the verge of passing a giant boon to health insurance companies and calling it "reform."

The reason we are given? What else: the votes just aren't there for a real reform bill.

That's where Hope 2.0 comes in. If the votes aren't there, the people need to create them. Just like King did. They need to build a movement. And to make that happen, we need to adopt another of the great lessons of Dr. King's life: elevating the role empathy must play in our society.

...

While taping last week's Left, Right & Center, I was discussing Jeremy Rifkin's powerful piece on empathy. Tony Blankley teasingly retorted: "Evolution, cruel as it is, determined that empathy is not a survival trait." And if you watched the Big Bank CEOs testify on the Hill last week, you would agree that empathy has not been a trait necessary for success, let alone survival. But if we are to continue to survive -- maybe not as a species, but certainly as a thriving democratic society -- human evolution has to, well, evolve. And we are going to need all the empathy we can get. Without it, we'll never be able to create the kind of national consensus required to tackle the enormous problems that face us.

Watching the CEOs, I was stunned by the utter lack of even a feigned sense of empathy for those whose lives the banks have destroyed. Only a complete inability to feel empathy could explain the fact that the bankers are not just back to operating at their old bonus levels, but at their old smugness levels as well.

One year ago, writing about former Merrill Lynch CEO John Thain and his now infamous $1.2 million office redecoration in the midst of the economic collapse, I bemoaned the Marie Antoinettes of the Meltdown, and our era of Not Getting It.

Little did I realize just how small-scale Thain's outrages would now seem, and how much worse things would get in the ensuing year. Lloyd "Doing God's Work" Blankfein and his fellow "too big to fail" CEOs -- with their utter cluelessness about the public's anger over what they've done and continue to do -- take Not Getting It to a whole other level.

Luckily for them, society has evolved, and we express our anger differently than we did in Marie Antoinette's day. "Off with their bonuses" is a lot less painful than "off with their heads."

But the question is, can this righteous -- and entirely justifiable -- rage be productively channeled to produce a real movement for reform, or will it be hijacked by tea party wackos and dangerous demagogues? ...

Thursday, January 14, 2010

Grayson takes on corporate campaign spending | Raw Story

Grayson takes on corporate campaign spending | Raw Story

Responding to a Supreme Court case that could result in most of the US's restrictions on campaign spending being tossed off the books, US House Rep. Alan Grayson (D-FL) has introduced a series of bills that would severely curtail the ability of corporate donors to influence the outcome of elections.

"We are facing a potential threat to our democracy," Graysontold the Huffington Post's Arthur Delaney. "Unlimited corporate spending on campaigns means the government is up for sale and that the law itself will be bought and sold. It would be political bribery on the largest scale imaginable."

Reflecting his typically flamboyant style, the congressman who drew instant political fame when he mused that the Republican strategy for health care amounts to hoping sick people "die quickly" has given his bills humorous names. Delaney reports:

The Business Should Mind Its Own Business Act would impose a 500 percent excise tax on corporate contributions to political committees and on corporate expenditures on political advocacy campaigns. The Corporate Propaganda Sunshine Act would require public companies to report what they spend to influence public opinion on any matter other than the promotion of their goods and services. The End Political Kickbacks Actwould restrict political contributions by government contractors. ...

Op-Ed Columnist - The 10 Percent Rules - NYTimes.com

Op-Ed Columnist - The 10 Percent Rules - NYTimes.com
... SPECIAL RANT

There are 100 members of the Senate. But as Brown is currently reminding us, because of the filibuster rule, it takes only 41 to stop any bill from passing.

U.S. population: 307,006,550.

Population for the 20 least-populated states: 31,434,822.

That means that in the Senate, all it takes to stop legislation is one guy plus 40 senators representing 10.2 percent of the country.

People, think about what we went through to elect a new president — a year and a half of campaigning, three dozen debates, $1.6 billion in donations. Then the voters sent a clear, unmistakable message. Which can be totally ignored because of a parliamentary rule that allows the representatives of slightly more than 10 percent of the population to call the shots.

Why isn’t 90 percent of the country marching on the Capitol with teapots and funny hats, waving signs about the filibuster?

Tuesday, January 12, 2010

Harry R. Lewis: Larry Summers, Robert Rubin: Will The Harvard Shadow Elite Bankrupt The University And The Country?

Harry R. Lewis: Larry Summers, Robert Rubin: Will The Harvard Shadow Elite Bankrupt The University And The Country?

At the heart of the new system of power, says Janine Wedel, is "a decline in loyalty to institutions" and "the proliferation of players who swoop in and out of organizations with which they are affiliated." There is no more vivid example of this phenomenon than Harvard University, which for centuries was held together by institutional loyalty. Today, that loyalty has eroded, and those at the top act much more flexibly. Yet they still enjoy almost unlimited power. Like all forms of mismanagement, Harvard's woes call for transparency and accountability. The story resonates to Washington, where Harvard's power elite is deeply entangled.

Harvard lost $11 billion from its endowment last year, plus another $2 billion by gambling with operating cash and $1 billion in bad bets on interest rate fluctuations. Harvard had been borrowing vast sums to leverage its assets and to expand its physical plant; its president, Lawrence Summers, had described as "extraordinary investments" what ordinary people would call crushing debt. The only way to balance the looming deficits was through huge investment returns. The speculating worked for a while, but when the bubble burst, Harvard was left almost insolvent.

...

In 1992, Andrei Shleifer, a Harvard professor and a close friend of Summers since Shleifer's college days at Harvard, became head of a Harvard project that directed U.S. government money for the development of the Russian economy. Tens of millions of dollars in noncompetitive U.S. contracts flowed to Harvard for Shleifer's Russian work, and his team directed the distribution of hundreds of millions more. Through the mid-1990s, complaints accumulated in Washington about self-dealing and improper investing by the Harvard team, and by mid-1997, the Harvard contracts had been canceled and the FBI had taken up the case. For two years it was before a federal grand jury.

In September, 2000, the government sued Harvard, Shleifer, and others, claiming that Shleifer was lining his own pockets and those of his wife, hedge fund manager Nancy Zimmerman--formerly a vice president at Goldman Sachs under Rubin.

...

The modern power elites thrive by forgetting any regrettable past. This amnesia is easy at Harvard, where the legal fiduciaries operate in secret and need not answer for their acts. They are the antipodes of the selfless institutional servants who built Harvard and other great American enterprises, and they bear close watching.

Monday, January 11, 2010

Op-Ed Contributor - Mr. Smith Rewrites the Constitution - NYTimes.com

Op-Ed Contributor - Mr. Smith Rewrites the Constitution - NYTimes.com
...

But the Senate, as it now operates, really has become unconstitutional: as we saw during the recent health care debacle, a 60-vote majority is required to overcome a filibuster and pass any contested bill. The founders, though, were dead set against supermajorities as a general rule, and the ever-present filibuster threat has made the Senate a more extreme check on the popular will than they ever intended.

This change to the Constitution was not the result of, say, a formal amendment, but a procedural rule adopted in 1975: a revision of Senate Rule 22, which was the old cloture rule. Before 1975, it took two-thirds of the Senate to end a filibuster, but it was the “Mr. Smith Goes to Washington” filibuster: if senators wanted to stop a vote, they had to bring in the cots and the coffee and read from Grandma’s recipe for chicken soup until, unshaven, they keeled over from their own rhetorical exhaust.

For the record, nothing like Senate Rule 22 appears in the Constitution, nor was there unlimited debate until Vice President Aaron Burr presided over the Senate in the early 180os. In 1917, after a century of chaos, the Senate put in the old Rule 22 to stop unlimited filibusters. Because it was about stopping real, often distressing, floor debate, one might have been able to defend that rule under Article I, Section 5 of the Constitution, which says, “Each house may determine the rule of its proceedings.”

As revised in 1975, Senate Rule 22 seemed to be an improvement: it required 60 senators, not 67, to stop floor debate. But there also came a significant change in de facto Senate practice: to maintain a filibuster, senators no longer had to keep talking. Nowadays, they don’t even have to start; they just say they will, and that’s enough. Senators need not be on the floor at all. They can be at home watching Jimmy Stewart on cable. Senate Rule 22 now exists to cut off what are ghost filibusters, disembodied debates.

As a result, the supermajority vote no longer deserves any protection under Article I, Section 5 — if it ever did at all. It is instead a revision of Article I itself: not used to cut off debate, but to decide in effect whether to enact a law. The filibuster votes, which once occurred perhaps seven or eight times a whole Congressional session, now happen more than 100 times a term. But this routine use of supermajority voting is, at worst, unconstitutional and, at best, at odds with the founders’ intent.

Here’s why. First, the Constitution explicitly requires supermajorities only in a few special cases: ratifying treaties and constitutional amendments, overriding presidential vetoes, expelling members and for impeachments. With so many lawyers among them, the founders knew and operated under the maxim “expressio unius est exclusio alterius” — the express mention of one thing excludes all others. But one need not leave it at a maxim. In the Federalist Papers, every time Alexander Hamilton or John Jay defends a particular supermajority rule, he does so at length and with an obvious sense of guilt over his departure from majority rule.

Second, Article I, Section 3, expressly says that the vice president as the presiding officer of the Senate should cast the deciding vote when senators are “equally divided.” The procedural filibuster does an end run around this constitutional requirement, which presumed that on the truly contested bills there would be ties. With supermajority voting, the Senate is never “equally divided” on the big, contested issues of our day, so that it is a rogue senator, and not the vice president, who casts the deciding vote. ...

Arianna Huffington: The First HuffPost Book Club Pick of 2010: Shadow Elite by Janine Wedel

Arianna Huffington: The First HuffPost Book Club Pick of 2010: Shadow Elite by Janine Wedel

My first HuffPost Book Club selection of 2010 is Janine Wedel's Shadow Elite: How the World's New Power Brokers Undermine Democracy, Government, and the Free Market. It's a gripping, disquieting book that exposes and explains why it's been so hard to bring about any real change in our country -- why Washington no longer seems capable of addressing the problems our nation faces. Fingers have been pointed at everything from gerrymandering to partisan polarization to the misuse of the filibuster. But, according to Wedel, the real problem is much deeper -- and more disturbing -- than any of these.

As she writes in Shadow Elite, a new "transnational" class of elites has taken over our country: "The mover and shaker who serves at one and the same time as business consultant, think-tanker, TV pundit, and government adviser glides in and around the organizations that enlist his services. It is not just his time that is divided. His loyalties, too, are often flexible."

...

The shadow elite clearly knew that the months and months of so-called debate over the issue was nothing more than a charade -- the ultimate outcome never in doubt. The bill was created in the shadows. The public process since then has essentially been like a Hollywood adaptation -- complete with the requisite third act happy ending (or, in the words of our elected officials, a "historic" ending).

...

The worst part is that Gibbs' posturing about being on the side of constituents rather than the drug and insurance industries sounds so normal. Gibbs knows all too well that he's supposed to shake his fist at the insurance companies, just as Larry Summers and Tim Geithner -- who both feature prominently in Shadow Elite -- know they're supposed to talk tough to the banks and vow to end "too-big-to-fail." But, as Wedel writes, they've rigged the system so they can "institutionalize their subversion of it."

And in the same way that our regulatory structure was outmoded and unable to deal with the complex new financial instruments devised by Wall Street, the rhetoric we use today to describe what's happening to our system is not up to the task. According to Wedel, terms like "lobbyist," "interest group," "corruption," and "conflict of interest" no longer suffice. ...

Sunday, January 10, 2010

OpEdNews - Article: The Implosion Of The American Political Consciousness

OpEdNews - Article: The Implosion Of The American Political Consciousness
...
In fact, the health of this country is tenuous, and that's on a real good day. All the obvious and tangible manifestations are there: massive unemployment, polarized wealth suitable for any banana republic, broken government and political system, environmental catastrophe and more. It's almost as if our goal is to commit national suicide in order to keep a whole next generation of Jared Diamonds employed or something.

These are huge problems, they are nigh on intractable, and they are destructive in the extreme. Indeed, so grim is our situation that the only real hope looking forward is for a resurgence of common sense and mutual sacrifice allowing for at least the possibility of finding the national will to address these crises.

But I'm afraid that's where things really start to get grim.

If you're under the age of forty, you might not realize that things weren't ever thus in American politics. The current ugly nature of our political discourse is perhaps simultaneously the greatest "victory' and greatest tragedy of the regressive revolution in America these last thirty years. Not only has the state itself been captured for purposes of thorough looting by oligarchs, but the very political consciousness of the nation has been diluted and polluted all while our faux patriotism is saluted beyond recognition.

Government is bad. Government always screws up. Corporations are heroic. Greed is good. Conservatism is about protecting freedom. Personal sacrifice for national improvement is for fools. Personal destruction is an appropriate form of politics. Hypocrisy is even more acceptable. There is one set of rules for elites, another for the rest of us.

All these form the fabric of our national ethos today, woven deeply into our political consciousness.

Regressives understand in ways that progressives tend to be clueless about, the simple idea that, who narrates governs. The explanation for the right's visceral appreciation of this wisdom is likely rooted in the survival instinct at the core of the human creature's very DNA. When you're peddling an absolutely absurd and destructive pile of bullshit, even dressing it up in pretty pink ribbons isn't going to be enough. If you hope to have any prayer of making the sale, you gotta teach people from their earliest days that turds are really, really valuable. Get yours now!

This was one of Orwell's most powerful perceptions in 1984, a book loaded with crucial insights about society, politics, government and human nature. The state could expend endless resources battling for the supremacy of a certain type of politics. That's one option. Or, far more cleverly, it could just remove the possibility of imagining alternatives from the public's consciousness. Much easier. Much cheaper. This is why Orwell concentrated so much on language in his novel. He understood that action requires desire, desire requires imagination, and imagination requires language.

American politics and political culture have descended into a grim visage from what they once were, to something taking a form today of which Big Brother could be proud. ...
...
What could be more basic than removing gushing profits and massive bureaucratic waste from a country's healthcare system, especially one that is groaning so clangorously under the burdens of runaway costs? What could be easier to figure out than nationalized healthcare, when every other developed country in the world already does it? And yet such ideas were nowhere remotely near consideration throughout these long months of tortuous negotiations over "reform' of what actually amounts to the care of corporate health in America. And yet even the most pathetic feints in the direction of real solutions a public option or the extension of Medicare benefits were immediately dispatched with, so that the profiteers' victory could be unequivocally complete.

Military spending is another excellent example. This country drops twice as much on "defense' as what is spent by every other country in the world combined, and we do that despite having not a single state enemy (you know, the kind you could actually use such a military against) anywhere on the horizon....
...
Our problem isn't that the Obama administration is socialist, but rather that it is a captive of the worst elements of capitalism.

Our problem isn't that our politicians make awful decisions that have nothing to do with advancing our interests, but rather that we keep tolerating politicians who do that.

Our problem isn't that we chose the wrong ideological alternative, but rather that we have so little to choose from.

Indeed, our deepest problem is that we can't even imagine anymore that there could be real choice. ...

Tuesday, January 05, 2010

Felons In Prison Should Be Able To Vote In Washington State, Federal Judges Rule

Felons In Prison Should Be Able To Vote In Washington State, Federal Judges Rule

OLYMPIA, Wash. — Incarcerated felons should be allowed to vote in Washington to ensure that racial minorities are protected under the Voting Rights Act, a federal appeals court ruled Tuesday.

The 2-1 ruling by a three-judge panel of the 9th U.S. Circuit Court of Appeals means the more than 18,000 felons behind bars in the state could get back their right to vote – without having to wait until they are released from prison and are no longer on probation or parole. The ruling also could open the door to similar lawsuits in the 9th Circuit's eight other states and two territories.

The issues it raises about racial bias in the justice system are not unique to Washington, said Marc Mauer, executive director of The Sentencing Project, a Washington, D.C., group promoting sentencing reform.

"They are issues that permeate the justice system and are relevant in every state," he said, adding that an estimated 5.3 million people nationwide are ineligible to vote because of felony convictions.

The panel's ruling overturned a 2000 decision by a district judge in Spokane. That judge had found that Washington's felon disenfranchisement law didn't violate the Voting Rights Act, and had dismissed a lawsuit filed by a former prison inmate from Bellevue.

The two appellate judges ruled that disparities in the state's justice system "cannot be explained in race-neutral ways." ....

...

Farrakhan's lead attorney, Gonzaga University School of Law professor Larry Weiser, equated some disenfranchisement laws to poll taxes and literacy tests of the past. He said Washington state's criminal justice system "is biased against African-Americans, and the impact has been a violation of their voting rights."

The state argued the lawsuit should be dismissed because the law was not intended to discriminate against minorities.

...

In her dissent, 9th Circuit Judge Margaret McKeown wrote that the majority "has charted territory that none of our sister circuits has dared to explore." She noted that three other appellate courts – the 1st Circuit in a Massachusetts case, the 2nd Circuit in a New York case, and the 11th Circuit in a Florida case – "have all determined that vote denial challenges to felon disenfranchisement laws are not cognizable under the Voting Rights Act."

Felon voters were central to a Republican court challenge to the results of Washington state's 2004 gubernatorial race. The challenge focused heavily on votes cast by felons who hadn't had their rights restored. Gov. Chris Gregoire beat Republican Dino Rossi by 133 votes after two recounts and the unsuccessful court challenge.

OpEdNews - Article: American Justice is Blind, But the Scales are Rigged

OpEdNews - Article: American Justice is Blind, But the Scales are Rigged

By Dave Lindorff

When it comes to justice in America, the scales definitely badly need a visit by an inspector from the Department of Weights and Standards.

Consider the recent decision by Federal Judge Ricardo Urbina tossing out the federal indictment of five Blackwater (Now Xe) mercenaries for the 2007 slaughter of 14 innocent Iraqis in Baghdad.

The judge found that federal prosecutors had improperly used incriminating statements which he said had been "compelled" from the Blackwater personnel under "threat of job loss."

Let's compare that to how the courts have handled other cases. We might start with John Walker Lindh, the young American captured in the first days of the US invasion of Afghanistan in 2001. Indicted on charges of conspiring to kill Americans, Lindh, currently serving a 20 year sentence after a plea agreement reached with the government, never had his case thrown out, though the government's main evidence was a statement allegedly made by him (this on the word of an FBI agent) that he had been a member of the Taliban and Al Qaeda--a statement that even if actually made, had come at a time that Lindh was being kept duct-taped to a gurney and held in an unheated, unlit metal shipping container, with an untreated bullet wound in his leg, and denied access to an attorney....

Or compare the Blackwater case to the case of Philadelphia journalist Mumia Abu-Jamal, who has been on Pennsylvania's death row now for 27 years for the 1981 killing of a white Philadelphia police officer, Daniel Faulkner. Abu-Jamal was convicted largely on the basis of testimony by two alleged "eye-witnesses": an African-American prostitute named Cynthia White and a white taxi driver named Robert Chobert. White gave wildly different accounts of what she had "seen" from her position on the sidewalk several car lengths away from the shooting. ....

...

Although it is clearly anathema to any kind of fair trial, coercion is commonplace in American "justice." Whether a judge will decide that the coercion of confessions or of witnesses requires the tossing out of an indictment, or the overturning of a conviction, though, appears to have more to do with the political connections of the defendant than with the merits of the case.

...

There is really no doubt that Blackwater "security guards" working for the US military and State Department, perhaps fearing they were under attack, went on a shooting rampage in a Baghdad intersection, mowing down 14 civilians, including women and children, and wounding many more. One of the group initially charged even confessed and is currently serving jail time for his actions. But in the view of a federal judge, the fear on the part of his colleagues that they might lose their jobs if they didn't tell investigators what had happened makes their initial confessions "coerced," and since those statements were used by federal prosecutors as a basis for their indictment of the men, the indictment was flawed and had to be tossed out.

American justice at work.

The scales are not balanced.

Monday, January 04, 2010

Washington's Blog

Washington's Blog

MONDAY, JANUARY 4, 2010

Abandon False Hope

It is easy to be skeptical.


Virtually all of our politicians are corrupt. See this, this and this.

The giant banks are running the show.

The healthcare bill being rammed through Congress "is just another bailout of the financial system", and law school professors say that it is unconstitutional.

America is on a permanent war footing, when the people (and soldiers) are sick of war.

Our civil rights have been eroded, and yet we are not being made any safer.

Top scientists, economists and environmentalists all say that cap and trade being pushed through in American and around the world is a scam which won't significantly reduce C02 emissions, and will only help in making the financial players who crashed the economy even more wealthy.

Obama has sold us out.

So there's nothing we can do, right?

Well, actually - as I have previously documented, things would actually change very quickly if enough people started raising a ruckus.

The ironic thing is that if all of the people who think of themselves as cynics or skeptics made noise, things would instantly change for the better. In other words, the millions upon millions of cynics/skeptics/self-described "realists" aren't raising a ruckus against the fraud being committed by the giant banks, the corruption of our political system, or the lawlessness and imperial arrogance of our military-industrial complex because they think things can't change.

But by staying silent, they are actually creating the conditions in which nothing can change. ...

Why Democrats Are Trying to Commit Electoral Suicide | CommonDreams.org

Why Democrats Are Trying to Commit Electoral Suicide | CommonDreams.org

by Ian Welsh

Forty-five percent of the Democratic base now says they aren't going to vote in 2010 or are thinking of not voting. This is a direct result of Democrats in Congress and the Presidency doing things the base disagrees with or not doing things the base wants to see done. It appears politically stupid to act as they have, and yet, they did. So why?

Elected Democrats at the Federal level are members of the national elite. If they weren't a member when they were elected, they are quickly brought into the fold. They are surrounded by lobbyists, other members and staffers who were lobbyists, as a rule. They learn they need to raise immense amounts of money in the off years when normal people aren't giving, and that the only way to raise that money is for corporate interests and rich people to write the checks. They also receive the benefits of elite status, very quickly. It's not an accident that the every Senator except Bernie Sanders is wealthy.

Whatever Americans think, whether they support a public option or single payer; whether they're for or against Iraq or Afghanistan; whether they agree with bailing out banks or not, elite consensus is much much narrower than American public opinion. It starts at the center right and heads over to reactionary (repeal the entire progressive movement and the New Deal, taking America back to the 1890s).

The elites are convinced they know what has to be done. Not necessarily what's "best", but what is possible given the constraints they believe America operates under and the pressures which elected officials work with. So Obama can say, and mean, that if he were creating a medical system from scratch, he'd go with single payer. But he "knows" that's impossible, not just for political reasons, but because there are huge monied interests who would be horribly damaged or even destroyed by moving to single payer. On top of that, he looks at the amount of actual change required to shift all that money away from insurance companies and to reduce pharma profits, and to change which providers get paid what, and he sees it as immensely disruptive to the economy. In theory, it might lead to a better place, but to Obama, the disruption on the way there is unthinkable.

The same thing is true of the financial crisis. The banks may be technically insolvent, but the idea of nationalizing them all, or shutting them down and shifting the lending to other entities would mean that the most profitable (in theory, not in reality) sector of the economy would largely be wiped out. Add to that the fact that Obama was the largest recipient of Wall Street cash of the major candidates for the Presidency, and the immense influence the banks wield through their alumni who are placed throughout the Federal Reserve, the Treasury and other departments, and the idea of actually radically reforming the banking system becomes unthinkable. Virtually every technocrat giving Obama, or most Senators advice, will be against it.

Moreover they understand that with a few exceptions, the financial economy is the American economy. It's what the US sold to the rest of the world: pieces of paper in exchange for real money which could be used to import real goods, so Americans could live beyond their means.

Shut that down and what's going to replace it? How are you going to avoid an immediate meltdown of the US standard of living? How are you going to avoid a large part of the elite being wiped out? You or I may have answers to that, except to wiping out a large chunk of the elite, which is something which needs to be done, but those who grew up under the system, who believe in the system, and who ran the system don't. What they've done all their lives is what they understand. And more to the point the system has been good to them. The last 35 years may have been a bad time to be an ordinary American, but the elite has seen their wealth and income soar to levels even greater than the gilded age. The rich, in America, have never, ever, been as rich as they are now.

And if you're a member of the elite, your friends, your family, your colleagues-everyone you really care about, is a member of the elite or attached to it as a valued and very well paid retainer. For you, for everyone you care about, the system has worked. Perhaps, intellectually, you know it hasn't worked for ordinary people, but you aren't one of them, you aren't friends with them, and however much you care in theory about them, it's a bloodless intellectual empathy, not one born of shared experience, sacrifice and the bonds of friendship or love.

So when a big crisis comes, all of your instincts scream to protect your friends, your family, and the system which you grew up under, prospered under and which has been good to you. Moreover, you understand that system, or you think you do, and you believe that with a twiddle here and an adjustment there, it's a system you can make work again. Doing something radical, like single payer or nationalizing the banks or letting the banks fail and doing lending direct through the Fed and through credit unions: that's just crazy talk. Who knows how it would work, or if it would work? Why take a chance?

And so, until disaster turns into absolute catastrophe, the elites will fiddle with the dials, rather than engaging in radical change. When the time comes when it becomes clear even to them that radical change is required, they are far more likely to go with their preconceived notions of what's wrong with the US, which are very reactionary, than to go with liberal or progressive solutions.

So you're far more likely to see Medicare and Social Security gutted, than you are to see the military budget cut in a third or Medicare-for-all enacted. You're far more likely to see a movement to a flat tax (supported by idiot right wing populists) than you are to see a return to high marginal taxation.

To the elites, ordinary Americans are pretty much parasites. It's not the bankers, with their multi-trillion dollar bailouts who are the problem, it's old people with their Social Security and Medicare. The elites made it. They are rich and powerful. They believe that their success is due entirely to themselves (even if they inherited the money or position). If you didn't, then that means you don't deserve it.

Democratic party elected leaders, as a group, are members of this elite, or are henchmen (and some women) of this elite. They believe what the elites believe, and they live within a world whose boundaries are formed by those beliefs.

They have no intention of engaging in radical change which threatens elite, which is to say, their, prosperity and power. The financial industry must be saved, the medical industry must be saved. Social Security and Medicare, which they don't need and don't benefit from, not so much. The military, which funnels huge amounts of money to them, must continue to expand (in real terms military spending is now twice what it was in 2000.)

As long as elected Democrats at the Federal level are members of this elite, or identify with the elite they are not going to make fundamental changes against the interests of that elite.

And so, no, there is no "change" you can believe in from this class of Democrats. There is no "hope" of an America which is better for ordinary people.

That doesn't mean things are hopeless, but it does mean there's little hope for anything radical from this Congress or President.

As Adam Smith pointed out, there's a lot of ruin in a nation. America's going to have to endure a lot more of it before things actually change.

The Cash Committee: How Wall Street Wins On The Hill

The Cash Committee: How Wall Street Wins On The Hill
..

Auto dealers seemed like an obvious target for the new agency; nearly every time someone buys a car, the dealer also sells them an auto loan, complete with promises like zero per cent interest and a pile of cash back. Americans hold some $850 billion in car debt and dealers are responsible for marketing roughly four-fifths of that amount. They pocket lucrative commissions with little oversight, and the committee seemed poised to change that.

Enter Rep. John Campbell (R-Calif.), a former Saab dealer from Orange County, who according to his latest financial disclosure statement still collects rent from some of his former auto dealer colleagues. Campbell downplayed the importance of his industry partners and proposed an amendment to the bill exempting dealers from the new agency's purview. On October 22, it came up for a vote.

As usual, the members filed into the high-ceilinged first-floor hearing room in the Rayburn House Office Building. Committee Chairman Barney Frank oversaw the vote atop four tiered rows of seats, a full story above the witnesses and the audience. The longest-serving Democratic members of the panel -- informally known as the banking committee -- sat to the right or just below the chairman; it can take years, if not decades, for a freshman representative to ascend up the risers.

The clerk called the roll, starting from the top. Senior Democrats roundly rejected Campbell's amendment. It appeared as if the Democrats would beat back the effort and apply the same standard to car dealers that was applied to everyone else.

Then came the bottom two rows, the place where reform goes to die. Despite the disapproval of the powerful chairman and nearly every consumer group in the country, the Campbell amendment passed by a 47-21 margin.

Sunday, January 03, 2010

Good Riddance to Decade That Began With Theft of the Presidency

Good Riddance to Decade That Began With Theft of the Presidency
...

The original sin of the good-riddance decade came in December of 2000, when the United States Supreme Court intervened to stop a complete recount of the votes in Florida and then declared George Bush to be the president.

This extreme judicial activism was not merely a devastating assault on American democracy. It set in motion the Bush presidency, and with it the pathologies that the Bush-Cheney administration imposed on the country in the form of unnecessary wars, failed economic policies, assaults on civil liberties and crudely divisive and hyper-partisan governance.

Bush, Dick Cheney and aides are surely to blame for much of what ailed America during the 2000s, and for what will ail America for decades to come.

But it was the U.S. Supreme Court's unprecedented meddling in the presidential election process – an intervention that would have horrified the founders of a republic that was supposed to enjoy a separation of executive, legislative and judicial powers – made the Bush-Cheney interregnum possible.

Bush, it must be remembered, did not win the popular vote nationally.

In fact, the American electorate favored Democrat Al Gore over Republican Bush by more than 540,000 votes.

Of course, because the United States has a convoluted electoral system that does not award the presidency to the candidate who wins the most votes, the contest came down to a fight between the Bush and Gore camps for Florida's decisive 25 Electoral College votes.

Florida ran a confusing and disorderly election on November 7, 2000, and then conducted a ridiculous review of the close result that followed no standards except those imposed by Florida Secretary of State Katherine Harris, a Bush campaign co-chair.

When the Florida Supreme Court finally ordered a full and consistent recount of all 6.1 million ballots cast by the state's voters, the U.S. Supreme Court halted the process and then declared Bush the winner of Florida's electoral votes and the presidency.

The problem with this unprecedented move by a conflicted high court was that more Floridians went to the polls with the intention of electing Gore than Bush.

This is not some radical notion, not some conspiracy theory.

It is the reality that was evident to scholars of voting behavior from the start.

As University of California at Irvine political scientist Anthony Salvanto, who conducted some of the first and most exhaustive examinations of contested ballots, noted: "There's a pretty clear pattern from these ballots. Most of these people went to the polls to vote for Al Gore."

Salvanto was not an outlier.

Even the media consortium that tried -- after the September 11, 2001, terrorist attacks and the ensuing spike in presidential approval ratings -- to suggest a scenario under which Bush might have won produced more scenarios under which Gore would have won.

Media outlets that looked beyond the partisan spin to the reality of what the ballots revealed acknowledges as much.

As The Associated Press noted, "Under any standard that tabulated all disputed ballots statewide, however, Gore erased Bush's advantage and emerged with a tiny lead that ranged from 42 to 171 votes."...

Friday, January 01, 2010

� Ridding America Of The Warmongers������ : Information Clearing House -� ICH

� Ridding America Of The Warmongers : Information Clearing House -� ICH
...
One way to reform Congress is to stop elected officials from accepting donations, (i.e., bribes,) and instead to conduct their business exclusively with public funds. In “Free Lunch”(Portfolio), Pulitzer Prize-winner David Cay Johnston writes, “Let each member of Congress spend however much he or she deems necessary to do his or her job. If we can imbue representatives and senators with the power to make laws, surely we can give them the authority to manage their own expense accounts.”

Johnston explains, “This would come at a price: No more free trips, no more free meals, and no more gifts. Senator, if you need to inspect the cleanliness of the sink behind the bar at a resort in Tahiti, go right ahead, just give us the receipts with an explanation of the costs. We will collect the receipts from every elected representative monthly and post it all on the Internet in a format that makes for easy analysis.”

Johnston urges, “Every dollar, and every meeting, must be disclosed. And we will pay for it all, subject only to the usual penalties for embezzling, the punishments accorded by the full House or Senate because of their exclusive right to judge the fitness of members, or the decision by voters to oust a spendthrift.”

“The time for preventive action is now,” writes Francis Boyle in “Protesting Power,”(Rowan & Littlefield). Civil resistance is one important strategy. People power can overcome power politics. Popular movements have succeeded in toppling tyrannical, dictatorial, and authoritarian regimes in former Communist countries throughout Eastern Europe as well as in Asia, Latin America, and recently in the Middle East. It is time for Americans to exercise people power here in the United States.”

Boyle explains that under the First Amendment, civil-resistance protesters are exercising their right “peaceably to assemble, and to petition the Government for a redress of grievances.” He writes that amendment “does not require their assembly to be ‘lawful’ in a positivist technical sense, only that it be peaceable. Certainly ongoing criminal activity committed by officials of the U.S. government itself is the type of grievance the American people should have a right to petition for the redress of by means of civil resistance.”
...

marmar's Journal - National coordinated campaign unites to revoke corporate "constitutional rights"

marmar's Journal - National coordinated campaign unites to revoke corporate "constitutional rights"

ReclaimDemocracy.org and a broad alliance of grassroots pro-democracy groups are preparing to make 2010 a breakthrough year for the Democracy Movement. To accomplish this, we're building the broadest coalition yet to confront and revoke runaway corporate power. The focus: amending the U.S. Constitution to overturn the Court-created notion of applying constitutional rights to corporations.

While we have been calling for this action for almost the entire decade of our existence, we now find the idea reaching a "tipping point" among many other organizations.

A Teachable Moment

The Campaign to Legalize Democracy will debut publicly the day the U.S. Supreme Court announces a ruling in the potential landmark case, Citizens United v Federal Election Commission. Despite enormous anger over public subsidies, systematic credit card rip-offs, and more, it's widely expected the Court will give corporations even greater power over our government by allowing company funds to be spent in efforts to elect or defeat political candidates. If this happens, we will work quickly to channel anger where it needs to go: overruling the Court.

And after campaigning to bring “change” to Americans that included public health insurance and taking on Wall Street, President Obama and Congress have demonstrated they either are unwilling or unable to challenge the power of pharmaceutical, insurance, and financial corporations to correct our nation's most urgent problems.

We don't celebrate this failure, but we recognize the opportunity created by this disillusionment. When people believe in illusions, they are not receptive to confronting reality. One year ago, millions of Americans believed democracy could thrive and some of our worst crises improve if we elected Barack Obama and shifted control of Congress. That illusion is dead, but its demise gives birth to great opportunity.

We provoked debate over corporate "free speech" and personhood in dozens of media outlets that never had previously explored the issue when the Nike v Kasky case reached the Supreme Court. This time, however, we'll have a broad alliance amplifying the message, with a collective reach many times greater than ReclaimDemocracy.org alone. ...

http://reclaimdemocracy.org/corporate_spee...