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The Framers Never Envisioned a 60 Vote Supermajority Print
Friday, 29 November 2013 13:48

Harkin writes: "In the wake of Senate action last week to restore the Senate practice that nominees receive an up or down vote, there has been a great deal of hyperventilating about whether the rules change is consistent with the intent of the Founders."

Illustration, the signing of the US Constitution. (photo: GenealogyOfConsent.WordPress.com)
Illustration, the signing of the US Constitution. (photo: GenealogyOfConsent.WordPress.com)


The Framers Never Envisioned a 60 Vote Supermajority

By Sen. Tom Harkin, Reader Supported News

29 November 13

 

n the wake of Senate action last week to restore the Senate practice that nominees receive an up or down vote, there has been a great deal of hyperventilating about whether the rules change is consistent with the intent of the Founders and what it means for the future of the Senate.

Some have called it "tyranny." Others, a "naked power grab." In reality, the action taken by the Senate last week is consistent with both the Constitution and the Senate rules and two centuries of Senate tradition, and is fully aligned with the intent of the Founders as well.

Both Alexander Hamilton and James Madison indicated in the Federalist Papers a clear belief in majority rule, with Hamilton staying that "the fundamental maxim of republican government . . . requires that the sense of the majority should prevail." Nonetheless, the Founders left the matter of House and Senate procedure undetermined in the Constitution, choosing instead to let Congress determine its own rules. Article I, section 5 of the Constitution, the Rules and Proceedings Clause, states that each House may determine the rules of its proceedings."

That is exactly what the Senate did. In fact, the original Senate rules placed no time limit on debate, but also allowed any Senator to make a motion "for the previous question," which permitted a simple majority to halt debate on the pending question and bring the matter to an immediate vote. This motion for the previous question was eliminated in 1806 at the suggestion of Vice President Aaron Burr, largely because it was deemed superfluous.

Even with the elimination of the motion to end debate, filibusters were hardly a defining part of the Senate. Across the entire 19th century, there were only 23 filibusters. And from 1917, when the Senate first adopted rules to end a filibuster, until 1969, there were fewer than 50, less than one per year.

Eliminating the filibuster on some nominations will not change the basic nature of the Senate as a legislative body. In fact, it is largely a restorative move, returning the Senate to its historical norms, when Senate giants like Henry Clay and Daniel Webster carried the day through the force of their ideas, rather than by manipulating rarely used Senate rules that allowed a small minority to block the will of the people.

Nor will this latest reform turn the Senate into the House of Representatives, as some have charged. The Senate will continue to differ from the House in significant ways. Senators will continue to be elected very six years, rather than every two years as in the House of Representatives. Senators from the smallest states will continue to have the same power in the Senate as Senators from the largest states. And the Senate will continue to operate in most instances based on unanimous consent, unlike the House. In addition, the reforms enacted by the Senate pertain only to nominations, which are themselves solely the province of the Senate.

That is not to say that I would not support changing the filibuster with respect to legislation as well. If the Senate were to take that step, however, it would be critical that the changes preserve the rights of the minority to offer relevant amendments and to have extended debate. That the minority should be afforded certain rights within the Senate is without question. But the minority should not have the ability to block legislation. When this happens it creates a situation, says James Madison in the Federalist Papers, in which, "the fundamental principle of free government would be reversed. It would no longer be the majority that would rule: the power would be transferred to the minority."

The fact is that the filibuster is not, and never has been, the sacrosanct soul of the Senate that some are now making it out to be. The framers never envisioned that a supermajority of 60 votes would be required to enact virtually any piece of legislation or to confirm nominees. Indeed, the Constitution was very clear about where a supermajority was needed. There were only five instances in the original Constitution: ratification of a treaty, override of a veto, votes of impeachment, passage of the Constitutional amendment, and expulsion of a member.

Moreover, reform of the filibuster stands squarely within a tradition of updating the Senate rules as needed to foster an effective government that can respond to the challenges of the day. The Senate has adopted rules to reform the filibuster in numerous circumstances, such as war powers and the budget. And prior to action last week, since 1917, the Senate had passed four significant reforms concerning the filibuster.

An oft -repeated Republican talking point over the past week is that Senate Democrats were "breaking the rules to change the rules." This may be a catchy talking point, but that doesn't make it true. As I already indicated, the original Senate rules actually included a means to end debate by a simple majority. And the Constitution itself specifies that "each House may determine the rules of its proceedings." As Senator Robert Byrd, probably the greatest authority on Senate rules in American history, and himself a staunch opponent of filibuster reform said, "At any time that 51 Senators are determined to change the rule . . . that rule can be changed." That is precisely what the Senate did last week.

Finally, some have argued that the rules change carried out last week by the Senate was enacted simply so that Democrats can carry out their agenda. While this may be true in the short-term, those with a longer view of history know that, eventually, Republicans will come to power, and they too will then have the ability to carry out their own agenda. This is not only obvious, but appropriate. Democratic elections should have consequences. When the American people speak, whether they express a preference for Democrats or Republicans, those who win a majority at the ballot box should have the ability to carry out their agenda, and then be held accountable to the public. This is as true today as it was nearly 20 years ago when, as a member of the Senate minority, I first introduced a proposal to reform the filibuster.

The fact is that reform of the filibuster is not a Democratic or a Republican issue. Rather, at the heart of the debate is a single, simple question -- do we believe in democracy? Do we believe that issues of public policy should be decided at the ballot box or by the manipulation of arcane and archaic Senate rules? Those who oppose any change to the filibuster rule, those who oppose the principle of majority rule, in reality are fearful that the people's choices and wishes will be translated into action here in Washington.

The Senate rules reform carried out last week was not about a power grab or about the agenda of Senate Democrats. Rather, it was a vote of confidence in democracy and the good sense of the American people. Our union has endured for more than two centuries because the American people have had the good sense to elect to Congress those whom they deem most capable of carrying out their wishes, and to remove those who fall short. The American people do not fear democracy, and neither should their elected representatives in Congress.

Senator Tom Harkin (D-IA), first introduced a proposal to reform the rules in 1995 as a member of the minority party.

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World Fights Back Against the Biggest Brother in History Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=27633"><span class="small">Sonali Kolhatkar, Truthdig</span></a>   
Friday, 29 November 2013 13:45

Kolhatkar writes: "The United States' vast and indiscriminate worldwide surveillance of ordinary people and heads of state has no historical precedent. Now countries around the world are fighting back using the United Nations as a vehicle for change."

(photo: unknown)
(photo: unknown)


World Fights Back Against the Biggest Brother in History

By Sonali Kolhatkar, Truthdig

29 November 13

 

he United States' vast and indiscriminate worldwide surveillance of ordinary people and heads of state has no historical precedent. Now countries around the world are fighting back using the United Nations as a vehicle for change. In a move that received little media coverage in the U.S., a United Nations committee approved without a vote a draft resolution entitled "The Right to Privacy in a Digital Age." The nonbinding resolution, which will now head to the General Assembly where it has broad support, follows from a report published in June by the United Nations Human Rights Council. It detailed the negative impact of state surveillance on free expression and human rights and lamented that technology has outpaced legislation.

The remarkable U.N. draft resolution affirms privacy as a human right, on par with other globally recognized civil and political rights. Several leading advocacy groups, including Access Now, Amnesty International, Electronic Frontier Foundation, Human Rights Watch and Privacy International, signed an open letter to the U.N. General Assembly backing the resolution. The letter stresses the "importance of protecting privacy and free expression in the face of technological advancements and encroaching State power."

Carly Nyst, the head of international advocacy at Privacy International, told me, "This resolution could not be more important. At the moment we're seeing serious threats to the protection of the right to privacy in the form of [National Security Agency] spying but also in the form of other surveillance practices that are taking place across the world. We think that voting in favor of this resolution is a really important stand for states to take so that they will no longer stand for global surveillance practices undertaken by the U.S. and others. This is a pivotal moment."

Continue Reading: Sonali Kolhatkar | World Fights Back Against the Biggest Brother in History

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FOCUS | The Right's Misconstrued Constitution Print
Friday, 29 November 2013 13:00

Parry writes: "The five right-wingers on the U.S. Supreme Court may soon recognize the 'religious freedom' of corporations so that these artificial constructs can then dictate to female human citizens restrictions on the kinds of contraceptives that they can get."

Supreme Court Justice Antonin Scalia at Wesleyan University in Connecticut, 03/08/12. (photo: AP)
Supreme Court Justice Antonin Scalia at Wesleyan University in Connecticut, 03/08/12. (photo: AP)


The Right's Misconstrued Constitution

By Robert Parry, Consortium News

29 November 13

 

he five right-wingers on the U.S. Supreme Court may soon recognize the "religious freedom" of corporations so that these artificial constructs can then dictate to female human citizens restrictions on the kinds of contraceptives that they can get through their work-place health insurance plans.

That may sound crazy but some court watchers believe that the Right-Wing Five will follow the logic of their "corporations-are-people" theories to this next nutty conclusion. After all, if corporations have First Amendment rights of "free speech" when they are financing political propaganda to influence the outcome of U.S. elections, there is a consistency - albeit a bizarre one - to extending to corporations the First Amendment's "religious freedom."

Already unlimited corporate money in campaigns has drowned out regular human citizens in terms of who (or what) has the bigger say in the outcome of elections, so why shouldn't the religious choices of corporations override the personal and moral judgments of people who work for the corporations?

We'll get a better sense of whether the Five - Justices John Roberts, Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito - will make their next leap of logic when the case gets to oral arguments. But whatever the Five do, you can count on them wrapping their reasoning in their claims to be devotees of an "originalist" view of the U.S. Constitution or as "strict constructionists."

The reality, though, is that the Five's modus operandi is to reach an ideological conclusion about what they want to do based on their political opinions or partisan needs and then find some legal-sounding language to wrap around the ruling.

See, for instance, their reasoning for gutting the Voting Rights Act, despite the Constitution's Fifteenth Amendment explicitly authorizing Congress to take action it deems necessary to ensure the voting rights of racial minorities. Somehow the Five intuited an overpowering right of the states not to have their discriminatory behavior so constrained, all the better for Republicans and right-wingers to win elections.

An earlier grouping of the Five found similar excuses for shutting down the counting of votes in Florida in December 2000 to install George W. Bush as President even though Al Gore got more votes nationally and would have carried Florida, too, if all ballots legal under Florida law were counted.

Scalia first issued an injunction to stop the vote-counting because he feared that a tally showing Bush behind might damage Bush's "legitimacy" once Scalia and four other Republican justices got around to throwing out Gore's votes and putting Bush ahead; then Scalia's group devised an upside-down interpretation of the "equal rights" clause of the Fourteenth Amendment to ensure that the votes of blacks and other minorities were more likely to be tossed than those of whites and the well-to-do.

It was clear that these Republican partisans started off with their conclusion - that Bush should be President and thus have the power to appoint more right-wing justices - and then cobbled together some mismatched arguments for a ruling so ugly that they declared that it could never be cited as a precedent in future cases.[For details, see Neck Deep.]

Targeting Obamacare

Though in upholding the Affordable Care Act in 2012, Chief Justice Roberts split off from Alito and his three amigos (Thomas, Alito and Kennedy), Roberts joined in their rejection of the Constitution's Commerce Clause as the principal support for the law.

In doing so, the Five ignored the clear intent of the Framers to give the federal government's elected representatives broad powers to do whatever they judged necessary to "provide for … the general Welfare of the United States" and - through the Commerce Clause - the power to regulate interstate commerce, which clearly applied to the health insurance industry.

But to make the right-wing case, Scalia again resorted to legal sophistry and rhetorical trickery. For instance, Scalia's dissent against the Supreme Court's narrow endorsement of the Affordable Care Act (based on the government's taxing authority) pretended that Alexander Hamilton, an arch-Federalist who favored a powerful role for the federal government, would have sided with the law's opponents regarding their concern about using the Commerce Clause to mandate that people obtain health insurance.

Scalia wrote: "If Congress can reach out and command even those furthest removed from an interstate market to participate in the market, then the Commerce Clause becomes a font of unlimited power, or in Hamilton's words, 'the hideous monster whose devouring jaws . . . spare neither sex nor age, nor high nor low, nor sacred nor pro­fane.'" Scalia footnoted Hamilton's Federalist Paper No. 33.

However, in Federalist Paper No. 33, Hamilton was not writing about the Commerce Clause. He was referring to clauses in the Constitution that grant Congress the power to make laws that are "necessary and proper" for executing its powers and that establish federal law as "the supreme law of the land."

Hamilton also wasn't condemning those powers, as Scalia and his friends would have you believe. Hamilton was defending the two clauses by poking fun at the opponents of the Constitution as alarmists who had stirred up opposition to the new governing document by issuing wild-eyed warnings about federal tyranny.

In the cited section of No. 33, Hamilton is saying the two clauses had been unfairly targeted by "virulent invective and petulant declamation."

It is in that context that Hamilton complains that the two clauses "have been held up to the people in all the exaggerated colors of misrepresentation as the pernicious engines by which their local governments were to be destroyed and their liberties exterminated; as the hideous monster whose devouring jaws would spare neither sex nor age, nor high nor low, nor sacred nor profane."

In other words, Scalia's dissent did not only apply Hamilton's comments to the wrong section of the Constitution but reversed their meaning. Hamilton was mocking those who were claiming that these clauses would be "the hideous monster."

Originalist Thinking

Scalia and the Right also misrepresent the actual "originalist" thinking of the Framers. The drafters of the Constitution decided on a system of checks and balances (primarily devised by James Madison) that required deliberate action but gave the nation's elected representatives nearly unlimited authority to do what they deemed necessary for the good of the country.

But American right-wingers are no more honest about the Constitution than they are about most other things. Indeed, an objective reading of the Founding era's history reveals the Framers of the Constitution to have possessed a much more robust view of federal government activism on behalf of American citizens and the country than the modern Right wants you to know.

The Framers of the Constitution, after all, were the Federalists, led by the likes of George Washington, Alexander Hamilton, James Madison (in his earlier incarnation as one of Washington's protιgιs) and Gouverneur Morris (who was a key drafter of the famous Preamble). This group, which dominated the Constitutional Convention in 1787, were pragmatic nationalists, devising a system that gave the central government all the necessary powers to make the young, sprawling country succeed.

That's why the Constitution grants sweeping powers to the federal government to "provide for … the general Welfare" and to enact whatever legislation is deemed "necessary and proper" to achieve that and other goals. The language about the "general Welfare" appears both in the Preamble and in Article I, Section 8, the so-called "enumerated powers." It is an open-ended concept giving wide discretion to the country's elected representatives.

And that's not just a retrospective view from the 21st Century. Both at the Philadelphia convention in 1787 and in the ratification fight of 1788, the Framers were opposed by the Anti-Federalists who also perceived the Constitution to be a major concentration of power in the central government. The states went from being "sovereign" and "independent" under the Articles of Confederation to "subordinately useful," in Madison's notable phrase.

'General Welfare' Clause

As historian Jada Thacker has noted, in the "general Welfare" clause and the "elastic" language of "necessary and proper," the Constitution put into the hands of Congress and other federal agencies the authority to meet whatever might confront the nation in the future.

"When viewed in light of the ambiguous authorization of the Article's first clause (which includes the 'general Welfare' language), the importance of the "necessary and proper" clause truly is astonishing. Taken together, these clauses - restated in the vernacular - flatly announce that 'Congress can make any law it feels is necessary to provide for whatever it considers the general welfare of the country.'"

That was precisely how the Constitution was interpreted by dissidents at the Convention. As New Yorker Robert Yates wrote after walking out in Philadelphia:

"This government is to possess absolute and uncontrollable power, legislative, executive and judicial, with respect to every object to which it extends. … The government then, so far as it extends, is a complete one. … It has the authority to make laws which will affect the lives, the liberty, and the property of every man in the United States; nor can the constitution or the laws of any state, in any way prevent or impede the full and complete execution of every power given."

When the Constitution was sent to state conventions for ratification, the Anti-Federalists continued to make their case against the transfer of power from the states to the federal government. In Virginia, leading Anti-Federalists Patrick Henry and George Mason tried to rally opposition by warning plantation owners that eventually the North would come to dominate the federal government and end slavery.

"They'll free your niggers," warned Patrick Henry.

Though the Constitution eked through to ratification, the Anti-Federalists did not give up their fight against the governing document. Their strategy changed, however, into seeking to reinterpret it. Rallying behind the charismatic figure of fellow slaveholder Thomas Jefferson, who had been in France during the drafting and ratification of the Constitution, the Anti-Federalists sought to constrain federal powers by insisting that the plain language of the document didn't mean what it said.

This reinterpretation of the Constitution - spearheaded by Southerners fearful of the eventual loss of their massive investment in slavery - explains the extraordinary bitterness of the battle between the Jeffersonians and the Federalists in the 1790s.

Ultimately, due to Federalist missteps inherent in the complexity of setting up a new government - mistakes skillfully exploited by Jeffersonian propagandists - Jefferson prevailed in developing extra-constitutional theories like the right of states to "nullify" federal laws or even secede. Jefferson defined his reassertion of states' rights as "strict constructionism" but it was clearly not what the original Framers had intended in 1787.

However, as President, even Jefferson adopted the "pragmatic nationalism" of the Federalists when he justified buying the Louisiana Territories from France and imposing a trade embargo against European states.

Madison, who shifted his allegiance from the Federalists to the Jeffersonians (and thus saved his political career among his fellow Virginian slaveholders), also embraced more expansive federal powers after nearly losing the War of 1812. To help fund the government and build a professional military, Madison set up the Second Bank of the United States before leaving office in 1817. (Treasury Secretary Hamilton had created the First Bank of the United States under President Washington.)

Though defeated politically by the early 19th Century, the Federalists - or at least their view of the Constitution - prevailed as the central government took on more and more responsibility for building the young and expanding nation. Ironically, too, the warning from Patrick Henry and George Mason about the fate of slavery also turned out to be prescient. Eventually, the North did move to eradicate slavery at the end of the Civil War.

Then, in the face of the Great Depression in the 1930s, President Franklin Roosevelt again tapped into the "pragmatic nationalism" of the Federalists, enacting wide-ranging social legislation to provide for the "general Welfare." The Federalists' Constitution - written so future generations could deal with unanticipated challenges threatening the nation's well-being - continued to prevail through the 1960s and into the 1970s.

Continued Resistance

However, the Right never abandoned its crimped and revisionist interpretation of the Constitution, that it didn't empower the federal government to do what the words of the Constitution said. Especially, in the South, white supremacists continued to insist on the extra-constitutional theories of "nullification" and on state "sovereignty," though it was eliminated when the Articles of Confederation were scrapped in 1787.

Though not based on a literal reading of the Constitution's words, the Right's revisionist interpretation gained traction because of the increased power of right-wing propaganda and because the American Left generally disdained the Constitution for other reasons, its defense of property rights and its compromises with Southern slaveholders.

So, instead of the Right's interpretation being viewed as make-believe, many Americans came to see the Right as defending the Founding document and liberals and the Left as violating its principles. Justice Scalia, in particular, has pushed this notion that he represents the "originalist" interpretation of the Constitution though he clearly doesn't. He really is just a right-wing ideologue who passes himself off as a legal theorist.

But that is the way the Right has rolled when it comes to the Constitution and the Federalist Papers, whose primary author and creator was Alexander Hamilton. The right-wing ideologues cherry-pick a few quotes from the Federalist Papers and twist whatever words might be useful in the Constitution - and then count on the mainstream news media to shy away from any serious debate over the "complexity" of the constitutional history.

With such legal "scholarship" prevailing, it shouldn't come as a total surprise that today's Supreme Court Five might end up ruling that a corporation's "freedom of religion" trumps the religious and moral beliefs of actual citizens. Whatever it takes to undermine Obamacare!



Robert Parry broke many of the Iran-Contra stories in the 1980s for the Associated Press and Newsweek. His latest book, "Neck Deep: The Disastrous Presidency of George W. Bush," was written with two of his sons, Sam and Nat, and can be ordered at neckdeepbook.com. His two previous books, "Secrecy & Privilege: The Rise of the Bush Dynasty from Watergate to Iraq" and "Lost History: Contras, Cocaine, the Press & 'Project Truth'" are also available there.

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FOCUS | Heroic Diplomacy: How Barack Obama Finally Earned That Peace Prize Print
Thursday, 28 November 2013 11:42

Scheer writes: "Finally, Barack Obama may prove deserving of his Nobel Peace Prize by joining with England, France, China, Russia and Germany in negotiating an eminently sensible rapprochement with Iran on its nuclear program."

U.S. President Barack Obama speaks at the National Association of Latino Elected and Appointed Officials conference, 06/22/12. (photo: Reuters)
U.S. President Barack Obama speaks at the National Association of Latino Elected and Appointed Officials conference, 06/22/12. (photo: Reuters)


Heroic Diplomacy: How Barack Obama Finally Earned That Peace Prize

By Robert Scheer, TruthDig

28 November 13

 

inally, Barack Obama may prove deserving of his Nobel Peace Prize by joining with England, France, China, Russia and Germany in negotiating an eminently sensible rapprochement with Iran on its nuclear program. Following on his pullback from war with Syria and instead, successfully negotiating the destruction of that country's supply of chemical weapons, this is another bold step to fulfill the peacemaking promise that got him elected president in the first place.

As Obama reminded his audience at an event Monday in San Francisco, he was fulfilling the pledge from his first campaign to usher in a "new era of American leadership, one that turned the page on a decade of war." As a candidate in 2007, he committed to engage in "aggressive personal diplomacy" with Iran's leaders, and he has now done just that.

This is potentially an international game changer comparable to Richard Nixon's opening to Mao's Red China and Ronald Reagan's overtures to Soviet leader Mikhail Gorbachev, two examples of heroic diplomacy that combined to destroy the underpinnings of the Cold War. Those who continually call for regime change in Iran as a condition for improved relations with that country, as Obama's critics are now doing, ignore that history.

Continue Reading: Heroic Diplomacy: How Barack Obama Finally Earned That Peace Prize


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Bernie Sanders: Why I Might Run in 2016 Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=16787"><span class="small">Josh Eidelson, Salon </span></a>   
Wednesday, 27 November 2013 14:08

Eidelson writes: "[Bernie Sanders] blasted Wal-Mart's business model, Republicans' healthcare tactics, and a level of inequality that he warned has brought America to the cusp of oligarchy."

Sen. Bernie Sanders. (photo: Sanders.gov)
Sen. Bernie Sanders. (photo: Sanders.gov)


Bernie Sanders: Why I Might Run in 2016

By Josh Eidelson, Salon

27 November 13

 

Bernie Sanders tells Salon it "remains to be seen" if Clinton "will be a forceful advocate for working families"

his month Vermont's Bernie Sanders, the Senate's only self-described socialist, made a tour of four Southern states that stoked talk of a presidential run. In an interview this week with Salon, Sanders set forth his thinking about why he might take that plunge, and offered assessments of contenders Hillary Clinton and Elizabeth Warren. He also blasted Wal-Mart's business model, Republicans' healthcare tactics, and a level of inequality that he warned has brought America to the cusp of oligarchy. A condensed version of our conversation follows.

How significant is the Senate's move to change the filibuster for nominations last week? And does this bring us closer to curbing the filibuster for nominations also?

It is a significant step forward in attempting to end the dysfunctionality of the United States Senate. I would go further. And I believe that when we are faced with unprecedented Republican obstruction, that it would make a lot of sense to go to majority vote for legislation as well. I also believe that we have to protect the rights of minorities, and I think minorities - minority or any other member of the Senate - should have as much time as he or she needs to voice opposition, stand up, filibuster, do their thing. So I believe in the concept of the talking filibuster.

But I think what we have got to end is the situation right now where the Senate is basically dysfunctional, and where the major issues facing this country are not being discussed, and are certainly … not being voted on.

What's your view of the Upton bill that passed the House, and the bill proposed by Sen. Landrieu in the Senate on the Affordable Care Act?

I'm not sympathetic. Clearly, my own view is that [at] a time when our nation spends almost twice as much as any other country on healthcare, and we have so many people who will continue to be uninsured under the Affordable Care Act, we need to move toward a Medicare-for-all, single-payer system. The Affordable Care Act is a modest proposal - it does some good things, it is much too complicated, and it doesn't get to the root of the problems of America's healthcare. Clearly, the rollout in terms of the website has been a disaster. That has got to be rectified.

But I would hope that we can move forward as quickly as possible in getting people into the Affordable Care Act, making sure that people get Medicaid, and get the system moving.

The Upton bill and the Landrieu bill, do they pose a threat to the law?

Well, I think the Upton bill certainly does … Republicans in the House, their job is to kill healthcare reform, despite the fact that we have 48 million Americans who don't have health insurance … It is hard to take seriously people who quote-unquote want to make "improvements" in the Affordable Care Act when every other day they are clear that they want to destroy the act.

And are you concerned to see so many Democrats getting behind the Landrieu proposal or the Upton proposal?

Well, I think what you have is legitimate concern on the part of many Democrats who are very, very worried about how this thing is rolling out. And the kind of - and given the enormous Republican opposition in stressing every problem that exists, of which there are many - there are Democrats who are nervous.

The Burlington Free Press reported that you're open to running for president if there isn't a good enough alternative in the race. What do you think you could accomplish by running?

Well, let me just tell you, Josh, I don't wake up every morning with a huge desire to be president of the United States. I gather there are people who do. I don't.

But what I do wake up believing is that this country is facing more serious crises than we have faced since the Great Depression. And if you include the planetary crisis of global warming, the situation today may even be worse. And given that reality, what distresses me enormously is that there is very little discussion about these major crises, and even less discussion about ideas that can resolve these issues.

And this is not just a crisis within the political establishment - it's certainly a crisis within the media establishment, because media seems to be far more concerned about looking at politics as a game, or looking at personality and celebrity life, rather than kind of analyzing the problems that we face. Let me just give you just a few examples …

The great moral and economic and political crisis facing this country, which gets relatively little discussion, is the growing disparity in income and wealth that exists in America. We are in a situation where we have not been since the late 1920s, before the Depression, where the top 1 percent owns 38 percent of the financial wealth of America, while the bottom 60 - six zero - percent owns 2.3 percent of the wealth in America. That is obscene beyond belief. The worst wealth inequality in the entire - of any major country in the world. And in terms of income, the last statistics we have seen from 2009 to 2012 tell us that 95 percent of all new income in this country went to the top 1 percent.

So what you have there is obviously [a] horrendous economic situation, but it is very dangerous to our political system. Because big money interests are putting huge amounts of money into the political process through Citizens United. And these are issues that have got to be addressed, or else in my view the United States will move very rapidly toward an oligarchic form of society when our economic and political life is controlled by a handful of billionaires.

I see this as a huge moral issue, an economic issue, a political issue. There is virtually no discussion about that, virtually none. I don't know how we can be a serious nation when this issue is not front and center, and there are not real ideas out there on how we address it. That's just one issue.

The second issue is the crisis of unemployment in this country. Real unemployment is not 7.2 percent - it's close to 14 percent, including those people who have given up looking for work, and who are working part-time. Youth unemployment, youth unemployment is close to 20 percent. African-American youth unemployment is close to 40 percent. These are crises. And yet day after day, we hear about the deficit - which is a serious issue - and we hear almost nothing about the unemployment issue, which among other things is having a horrendous impact on the current young generation, the kids who have graduated high school and college. So we need a lot of discussion on that.

And certainly it is beyond comprehension - although the scientific community is almost unanimous in telling us that global warming is man-made, that it is already causing disastrous problems, and that those problems will only get worse in years to come - that we have almost no movement at all, virtually no movement in Congress on this planetary crisis.

And lastly, I would say that while the American people feel very strongly - and this is, by the way, across the board, Democrats, Republicans and independents - in opposition to cuts in Social Security, Medicare and Medicaid, inside the Beltway, the political establishments, there is support for cuts to those terribly important programs.

So those are some of the issues that are out there that need discussing. We have a middle class that is disappearing, and somebody has got to be speaking strongly to defend our middle class.

And if you ran for president, what do you think it would do for those issues?

The nature of media is that presidential campaigns and candidates are a means, to some degree at least, of getting these issues out there. And I think that you can give all the speeches you want on the floor of the Senate, that's great, but I think being involved in debates and being out there around the country allows - gives you the opportunity to talk about these issues in a way that you otherwise could not.

The Free Press also reported that you'd be comfortable with an Elizabeth Warren presidential bid. What would make Elizabeth Warren a good president?

Oh, Elizabeth Warren is, you know, clearly one of the smartest people in the Senate. She is a true progressive. I've known Elizabeth for many, many years. She is doing a great job, and understands fully the issues facing the middle class and working class in this country. She is a very strong proponent in defending the working families in this country.

So should she be running for president?

Why don't you give her a ring?

You told Playboy that while you like the Clintons, they "live in a world surrounded by a lot of money," and a Hillary Clinton candidacy would not offer an alternative for the country. Why not?

Well, actually that was a - a) You don't know and I don't know whether Hillary Clinton is running for president. And b) if she decides to run for president, we don't know the issues that she will be focusing on. I have known Hillary Clinton for a number of years, not terribly well, but I knew her when she was first lady and I knew her when she was in the Senate. I like her. She is extremely smart. But it's - we will have to see what she has to say, so - but based on the kind of centrist positions that we have seen her take in the past, it remains to be seen - although I may be wrong - it remains to be seen whether she will be a forceful advocate for working families.

We just saw the first Socialist City Council member elected in Seattle. In recent years, has America been moving closer to socialism or farther away from it?

I think in recent years, especially since the Wall Street collapse of 2008, the American people are becoming profoundly disgusted about a nation in which a small handful of billionaires have incredible control over the political and economic life in this country. They are very upset that the middle class is disappearing, while the wealthy and large corporations are doing phenomenally well. And I think what we have seen is that a whole lot of people out there are prepared to support candidates who are willing to stand up to big money interests and protect working families …

Since the financial crisis, some have suggested that there's at least more discussion, more open discussion, about capitalism in the United States. Is that something that you've observed?

I think you saw that the Occupy Wall Street movement that spread around the country attracted a lot of attention and a lot of support. I think the issues that they raised about the power, the incredible power of Wall Street, the greed of Wall Street, the illegal behavior on Wall Street and also about the issues of income inequality and wealth inequality - that really struck a chord in many people. What I think unfortunately has not happened is that there has not been a look, for example, at countries like Scandinavia, and what they have managed to accomplish for their people …

Last summer we had the ambassador to Denmark coming up to Vermont, and we did three town hall meetings … We had very large turnouts. People were really fascinated to hear about a very simple and straightforward universal healthcare system, about the fact that working people in their country have in many ways a much higher standard of living than American workers, that the kind of benefits that pregnant women and new mothers and fathers receive are literally almost beyond belief here in the United States of America, the strength of unions in that country, you know, the fact that their campaigns are run without massive amounts of TV … higher education is free in Denmark.

So I think there is a great deal to be learned from the successes of some of the Scandinavian countries … There are models out there that we can look to as we try to figure out how we move America away from the very, very deep economic problems we currently have.

The strikes and protests that are planned this Friday against Wal-Mart - should more politicians be out on those picket lines with those workers this Friday? And in particular, when President Obama and his administration publicly praise Wal-Mart and hold these appearances with Wal-Mart, does that make it harder for these workers to get some kind of progress?

The Wal-Mart issue is a very interesting issue. It is interesting for a number of reasons. Wal-Mart is, as I recall, the largest private employer in the United States of America. So they set the tone for a lot that goes on in our economy. What they do impacts many other businesses, and when they pay their workers extremely low wages and provide minimal benefits, it sets a tone for businesses all over this country.

Now what is particularly outrageous about the Wal-Mart business model is that the Walton family that owns Wal-Mart is the wealthiest family in this country … The six heirs of Sam Walton are worth about, I believe, over $100 billion. Which is more wealth than the bottom 40 percent of the American people, interestingly. And what is quite amazing is that one of the reasons this family has become so wealthy is that the taxpayers of the United States provide more welfare to the Walton family than any family in America. So that - when you have workers in Wal-Mart who in order to feed their families have got to go on food stamps, have got to go on Medicaid to get their healthcare, have got to live in government-subsidized affordable housing in order to have a roof over their heads - what that dynamic is, essentially, is that the United States, that the taxpayers of this country are in partnership with the Walton family. The Walton family makes all of the money - the wealthiest family in America - while the taxpayers have to subsidize the low-paid employees. And that to me is totally absurd.

The Wal-Mart family, the wealthiest family in this country, should be paying their workers a living wage, not starvation wages.

When progressives sometimes refer, for example, to Wal-Mart, as one of your colleagues did, as "welfare kings," do you worry that that kind of rhetoric plays on the anti-welfare attitudes that some Americans have, or that it undermines the support -

No. I think the point that is made is that, you know, the average person - the average low-income person on welfare, those people are being attacked every day in Washington, D.C., as ungrateful people, as people who are not really in need, as people who should be going out, getting a job, et cetera, et cetera. Where I think we might want to focus attention on the fact that in this particular case, the wealthiest family in America, the family that is worth $100 billion, does that family really need government assistance in the operation of their business? I think the answer is obviously no.

And when the president or members of his administration hold these public appearances with Wal-Mart, at things like a manufacturing summit, for example, does that give Wal-Mart more cover to keep its practices the same?

Well, I would hope that the president would be speaking out on the need to address a very serious crisis in this country, which is that most of the new jobs being created are low-wage, part-time, and that Wal-Mart is very much a part of that model. So I would hope that the president would join us in demanding that Wal-Mart start paying its workers a living wage.

This reported deal on Iran's nuclear program, what is your reaction to that? And what role do you think the Senate will play in the next steps around it?

Well, you know anything dealing with the Middle East is very, very complicated, because you're dealing with the most volatile region of the entire world. I think a year ago, what we were hearing from a number of folks in Washington is the only alternative toward preventing Iran from getting a nuclear weapon would be essentially to go to war against Iran … If the United States attacked Iran, it would bring incredible instability, even more instability in a region that is already terribly unstable. God only knows what a United States attack on Iran would unleash in the Middle East and throughout the world.

So to the degree that this agreement brought forth by the Obama administration and Secretary Kerry can move us toward - move Iran away from a nuclear weapon, I think that's a good step forward. Obviously the devil is in the details. This is a very, very difficult issue. But I think what we have seen is a step forward.

And do you think the Senate is going to, through proposed additional sanctions or otherwise, put forward additional obstacles to this deal?

Well, I suspect that some of my Republican friends will attempt to do that, yes.

Will they have much Democratic support in that?

I would suggest that you give Democrats a ring … They will not have my support …

Does this deal suggest anything about the impact of the sanctions regime?

One of the side effects of this agreement is that clearly I think it's preferable that you want to work with the more moderate elements, and see if they can gain more influence in Iran than the hard-liners. And if in fact what progresses - and this is very difficult, and I don't know that it necessarily will - but if the progression is that sanctions are gradually lifted, and the economy in Iran improves, while at the same time they are moving further and further away from the militarization of their nuclear capacity, that will be a win-win situation. And it will give strength, I think, to the Iranian moderates, which is certainly a good thing.

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