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Politics
Drug Prohibition: A War on Human Nature Print
Monday, 10 December 2012 09:43

Lapham writes: "The policies of zero tolerance equip local and federal law-enforcement with increasingly autocratic powers of coercion and surveillance."

The war on drugs costs $20 billion per year. (photo: Mykel Nicolaou/Rex Features)
The war on drugs costs $20 billion per year. (photo: Mykel Nicolaou/Rex Features)


Drug Prohibition: A War on Human Nature

By Lewis Lapham, TomDispatch

10 December 12

 

Drug prohibition is making America ever more security mad and locked down.

he question that tempts mankind to the use of substances controlled and uncontrolled is next of kin to Hamlet's: to be, or not to be, someone or somewhere else. Escape from a grievous circumstance or the shambles of an unwanted self, the hope of finding at a higher altitude a new beginning or a better deal. Fly me to the moon, and let me play among the stars; give me leave to drown my sorrow in a quart of gin; wine, dear boy, and truth.

That the consummations of the wish to shuffle off the mortal coil are as old as the world itself was the message brought by Abraham Lincoln to an Illinois temperance society in 1842. "I have not inquired at what period of time the use of intoxicating liquors commenced," he said, "nor is it important to know." It is sufficient to know that on first opening our eyes "upon the stage of existence," we found "intoxicating liquor recognized by everybody, used by everybody, repudiated by nobody."

The state of intoxication is a house with many mansions. Fourteen centuries before the birth of Christ, the Rigveda finds Hindu priests chanting hymns to a "drop of soma," the wise and wisdom-loving plant from which was drawn juices distilled in sheep's wool that "make us see far; make us richer, better." Philosophers in ancient Greece rejoiced in the literal meaning of the wordsymposium, a "drinking together." The Roman Stoic Seneca recommends the judicious embrace of Bacchus as a liberation of the mind "from its slavery to cares, emancipates it, invigorates it, and emboldens it for all its undertakings."

Omar Khayyam, twelfth-century Persian mathematician and astronomer, drinks wine "because it is my solace," allowing him to "divorce absolutely reason and religion." Martin Luther, early father of the Protestant Reformation, in 1530 exhorts the faithful to "drink, and right freely," because it is the devil who tells them not to. "One must always do what Satan forbids. What other cause do you think that I have for drinking so much strong drink, talking so freely, and making merry so often, except that I wish to mock and harass the devil who is wont to mock and harass me."

Dr. Samuel Johnson, child of the Enlightenment, requires wine only when alone, "to get rid of myself -- to send myself away." The French poet Charles Baudelaire, prodigal son of the Industrial Revolution, is less careful with his time. "One should always be drunk. That's the great thing, the only question. Drunk with what? With wine, with poetry, or with virtue, as you please."

My grandfather, Roger Lapham (1883-1966), was similarly disposed, his house in San Francisco the stage of existence upon which, at the age of seven in 1942, I first opened my eyes to the practice as old as the world itself. At the Christmas family gathering that year, Grandfather deemed any and all children present who were old enough to walk instead of toddle therefore old enough to sing a carol, recite a poem, and drink a cup of kindness made with brandy, cinnamon, and apples. To raise the spirit, welcome the arrival of our newborn Lord and Savior. Joy to the world, peace on earth, goodwill toward men.

"If You Meet, You Drink..."

Thus introduced to intoxicating liquors under auspices both secular and sacred, the offering of alms for oblivion I took to be the custom of the country in which I had been born. In the 1940s as it was in the 1840s, as it had been ever since the Mayflower arrived at Plymouth laden with emboldening casks of wine and beer. The spirit of liberty is never far from the hope of metamorphosis or transformation, and the Americans from the beginning were drawn to the possibilities in the having of one more for the road. They formed their character in the settling of a fearful wilderness, and the history of the country could be written as a prolonged mocking and harassing of the devil by the drinking, "and right freely," from whatever wise and wisdom-loving grain or grape came conveniently to hand.

The oceangoing Pilgrims in colonial Massachusetts and Rhode Island delighted in both the taste and trade in rum. The founders of the republic in Philadelphia in 1787 were in the habit of consuming prodigious quantities of liquor as an expression of their faith in their fellow men -- pots of ale or cider at midday, two or more bottles of claret at dinner followed by an amiable passing around the table of the Madeira.

Among the tobacco planters in Virginia, the moneychangers in New York, the stalwart yeomen in western Pennsylvania busy at the task of making whiskey, the maintaining of a high blood-alcohol level was the mark of civilized behavior. The lyrics of the Star-Spangled Banner were fitted to the melody of an eighteenth-century British tavern song. The excise taxes collected from the sale of liquor paid for the War of 1812, and by 1830 the tolling of the town bell (at 11 a.m., and again at 4 p.m.) announced the daily pauses for spirited refreshment.

Frederick Marryat, an English traveler to America in 1839, noted in his diary that the way the natives drank was "quite a caution... If you meet, you drink; if you part, you drink; if you make acquaintance, you drink; if you close a bargain, you drink; they quarrel in their drink, and they make it up with a drink. They drink, because it is hot; they drink, because it is cold."

During what were known as the Gay Nineties, at the zenith of the country's Gilded Age, Manhattan between the Battery and Forty-second Street glittered in the lights of 10,000 saloons issuing passports to the islands of the blessed and the rivers of forgetfulness. No travel plan or destination that couldn't be accommodated, prices available on request. French champagne at Sherry's Restaurant for the top-hatted Wall Street speculators celebrating the discoveries of El Dorado; shots of five-cent whiskey (said to taste "like a combination of kerosene oil, soft soap, alcohol, and the chemicals used in fire extinguishers") for the unemployed foreign laborer sleeping in the gutters south of Canal Street. Who could say who was hoping to trade places with whom, the uptown swell intent upon becoming a noble savage, the downtown immigrant imagining himself dressed in fur and diamonds?

What else is America about if not the work of self-invention? Recognize the project as an always risky business, and it is the willingness to chance what dreams may come (west of the Alleghenies or on the further shores of consciousness) that gives to the American the distinguishing traits of character that the historian Daniel J. Boorstin, librarian of Congress from 1975 to 1987, identified as those of the chronic revolutionary and the ever hopeful pilgrim. Boorstin drew the conclusion from his study of the American colonial experience: "No prudent man dared be too certain of exactly who he was or what he was about; everyone had to be prepared to become someone else. To be ready for such perilous transmigrations was to become an American."

"There Are More Kicks to Be Had in a Good Case of Paralytic Polio"

So too in the 1960s, the prudent becoming of an American involved perilous transmigrations, psychic, spiritual, and political. By no means certain who I was at the age of 24, I was prepared to make adjustments, but my one experiment with psychedelics in 1959 was a rub that promptly gave me pause.

Employed at the time as a reporter at the San Francisco Examiner, I was assigned to go with the poet Allen Ginsberg to the Stanford Research Institute there to take a trip on LSD. Social scientists opening the doors of perception at the behest of Aldous Huxley wished to compare the flight patterns of a Bohemian artist and a bourgeois philistine, and they had asked the paper's literary editor to furnish one of each. We were placed in adjacent soundproofed rooms, both of us under the observation of men in white coats equipped with clipboards, the idea being that we would relay messages from the higher consciousness to the air-traffic controllers on the ground.

Liftoff was a blue pill taken on an empty stomach at 9 a.m., the trajectory a bell curve plotted over a distance of seven hours. By way of traveling companions we had been encouraged to bring music, in those days on vinyl LPs, of whatever kind moved us while on earth to register emotions approaching the sublime.

Together with Johann Sebastian Bach and the Modern Jazz Quartet, I attained what I'd been informed would be cruising altitude at noon. I neglected to bring a willing suspension of disbelief, and because I stubbornly resisted the sales pitch for the drug -- if you, O Wizard, can work wonders, prove to me the where and when and how and why -- I encountered heavy turbulence. Images inchoate and nonsensical, my arms and legs seemingly elongated and embalmed in grease, the sense of utter isolation while being gnawed by rats.

To the men in white I had nothing to report, not one word on either the going up and out or the coming back and down. I never learned what Ginsberg had to say. Whatever it was, I wasn't interested, and I left the building before he had returned from what by then I knew to be a dead-end sleep.

My long-standing acquaintance with alcohol was for the most part cordial. Usually when I drank too much, I could guess why I did so, the objective being to murder a state of consciousness that I didn't have the courage to sustain -- a fear of heights, which sometimes during the carnival of the 1960s accompanied my attempts to transform the bourgeois journalist into an avant-garde novelist. The stepped-up ambition was a commonplace among the would-be William Faulkners of my generation; nearly always it resulted in commercial failure and literary embarrassment.

I didn't grow a beard or move to Vermont, but every now and then I hit upon a run of words that I could mistake for art, and I would find myself intoxicated by what Emily Dickinson knew to be "a liquor never brewed/from Tankards scooped in Pearl." The neuroscientists understand the encounter with the ineffable as an "endorphin high," the outrageously fortunate mixing of the chemicals in the brain when it is being put to imaginative and creative use.

On being surprised by a joy so astonishingly sweet, I assumed that it must be forbidden, and if by the light of day I'd come too close to leaning against the sun with seraphs swinging snowy hats, by nightfall I felt bound to check into the nearest cage, drunkenness being the one most conveniently at hand. Around midnight at Elaine's, a saloon on Second Avenue in Manhattan that in those days catered to a clientele of actors, writers, and other assorted con artists playing characters of their own invention, I could count on the company of fellow travelers outward or inward bound on the roads of perilous transmigration. No matter what their reason for a timely departure -- whether to obliterate the fear of failure, delete the thought of wife and home, reconfigure a mistaken identity, project into the future the birth of an imaginary self -- all present were engaged in some sort of struggle between the force of life and the will to death. Thanatos and Eros seated across from each other over the backgammon board on table four, the onlookers suspending the judgment of ridicule and extending the courtesy of tolerance.

Alcohol serves at the pleasure of the players on both sides of the game, its virtues those indicated by Seneca and Martin Luther, its vices those that the novelist Marguerite Duras likens, as did Hamlet, to the sleep of death: "Drinking isn't necessarily the same as wanting to die. But you can't drink without thinking you're killing yourself." Alcohol's job is to replace creation with an illusion that is barren. "The words a man speaks in the night of drunkenness fade like the darkness itself at the coming of day."

The observation is in the same despairing minor key as Billie Holiday's riff on heroin: "If you think dope is for kicks and thrills you're out of your mind. There are more kicks to be had in a good case of paralytic polio and living in an iron lung. If you think you need stuff to play music or sing, you're crazy. It can fix you so you can't play nothing or sing nothing." She goes on to say that in Britain the authorities at least have the decency to treat addiction as a public-health problem, but in America, "if you go to the doctor, he's liable to slam the door in your face and call the cops."

Humankind's thirst for intoxicants is unquenchable, but to criminalize it, as Lincoln reminded the Illinois temperance society, reinforces the clinging to the addiction; to think otherwise would be "to expect a reversal of human nature, which is God's decree and never can be reversed." The injuries inflicted by alcohol don't follow "from the use of a bad thing, but from the abuse of a very good thing." The victims are "to be pitied and compassionated," their failings treated "as a misfortune, and not as a crime or even as a disgrace."

The War on Drugs as a War Against Human Nature

Whether declared by church or state, the war against human nature is by definition lost. The Puritan inspectors of souls in seventeenth-century New England deplored even the tentative embrace of Bacchus as "great licentiousness," the faithful "pouring out themselves in all profaneness," but the record doesn't show a falling off of attendance at Boston's eighteenth-century inns and taverns. The laws prohibiting the sale and manufacture of alcohol in the 1920s discovered in the mark of sin the evidence of crime, but the attempt to sustain the allegation proved to be as ineffectual as it was destructive of the country's life and liberty.

Instead of resurrecting from the pit a body politic of newly risen saints, Prohibition guaranteed the health and welfare of society's avowed enemies. The organized-crime syndicates established on the delivery of bootleg whiskey evolved into multinational trade associations commanding the respect that comes with revenues estimated at $2 billion per annum. In 1930 alone, Al Capone's ill-gotten gains amounted to $100 million.

So again with the war that America has been waging for the last 100 years against the use of drugs deemed to be illegal. The war cannot be won, but in the meantime, at a cost of $20 billion a year, it facilitates the transformation of what was once a freedom-loving republic into a freedom-fearing national security state.

The policies of zero tolerance equip local and federal law-enforcement with increasingly autocratic powers of coercion and surveillance (the right to invade anybody's privacy, bend the rules of evidence, search barns, stop motorists, inspect bank records, tap phones) and spread the stain of moral pestilence to ever larger numbers of people assumed to be infected with reefer madness -- anarchists and cheap Chinese labor at the turn of the twentieth century, known homosexuals and suspected Communists in the 1920s, hippies and anti-Vietnam War protestors in the 1960s, nowadays young black men sentenced to long-term imprisonment for possession of a few grams of short-term disembodiment.

If what was at issue was a concern for people trapped in the jail cells of addiction, the keepers of the nation's conscience would be better advised to address the conditions -- poverty, lack of opportunity and education, racial discrimination -- from which drugs provide an illusory means of escape. That they are not so advised stands as proven by their fond endorsement of the more expensive ventures into the realms of virtual reality. Our pharmaceutical industries produce a cornucopia of prescription drugs -- eye-opening, stupefying, mood-swinging, game-changing, anxiety-alleviating, performance-enhancing -- currently at a global market-value of more than $300 billion.

Add the time-honored demand for alcohol, the modernist taste for cocaine, and the uses, as both stimulant and narcotic, of tobacco, coffee, sugar, and pornography, and the annual mustering of consummations devoutly to be wished comes to the cost of more than $1.5 trillion. The taking arms against a sea of troubles is an expenditure that dwarfs the appropriation for the military budget.

Given the American antecedents both metaphysical and commercial -- Thomas Paine drank, "and right freely"; in 1910, the federal government received 71% of its internal revenue from taxes paid on the sale and manufacture of alcohol -- it is little wonder that the sons of liberty now lead the world in the consumption of better living through chemistry. The new and improved forms of self-invention fit the question -- to be, or not to be -- to any and all occasions.

For the aging Wall Street speculator stepping out for an evening to squander his investment in Viagra. For the damsel in distress shopping around for a nose like the one seen advertised in a painting by Botticelli. For the distracted child depending on a therapeutic jolt of Adderall to learn to read the Constitution. For the stationary herds of industrial-strength cows so heavily doped with bovine growth hormone that they require massive infusions of antibiotic to survive the otherwise lethal atmospheres of their breeding pens. Visionary risk-takers, one and all, willing to chance what dreams may come on the way West to an all-night pharmacy.

The war against human nature strengthens the fear of one's fellow man. The red, white, and blue pills sell the hope of heaven made with artificial sweeteners.


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The TPP and the Slow-Motion Corporate Coup Print
Sunday, 09 December 2012 15:17

Wallach writes: "Negotiations have been cloaked in unprecedented secrecy and its proponents have mislabeled the TPP as a 'free trade' agreement."

Wallach: 'In reality, the TPP is about much more than trade.' (photo: Adbusters)
Wallach: 'In reality, the TPP is about much more than trade.' (photo: Adbusters)


The TPP and the Slow-Motion Corporate Coup

By Lori Wallach, Yes! Magazine

09 December 12

 

A highly secretive trade agreement aims to penalize countries that protect workers, consumers, and the environment. Luckily, the growing opposition goes beyond the usual trade justice suspects.

hile the election season seized everyone's attention, government officials and 600 official corporate "advisors" were working behind closed doors to complete the Trans-Pacific Partnership (TPP).

Negotiations have been cloaked in unprecedented secrecy and its proponents have mislabeled the TPP as a "free trade" agreement. In reality, the TPP is about much more than trade. It threatens a stealthy, slow-motion corporate coup d'etat, formalizing and locking in corporate rule over most aspects of our lives.

Thirteen years ago, at the World Trade Organization's (WTO) Seattle Ministerial, a similar threat in the form of a massive expansion of the powers and scope of the WTO was stopped.

At the Battle in Seattle, the immovable object called grassroots democracy was victorious over the allegedly unstoppable force of corporate-led globalization. The "Doha Round," which followed two years later and continued the attempt to expand the WTO's reign, was alsoderailed thanks to tenacious campaigning by organizations and activists worldwide.

Recalling these historic moments, when people power stopped the dangerous expansion of corporate power, is especially sweet today, when we must again act to safeguard these inspiring victories. All of us who will live with the results must become active to stop the TPP, the latest iteration of corporate coup via "trade" agreement.

What Would the TPP Do?

Eleven countries are now involved-Australia, Brunei Darussalam, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, and the United States-and there is an open invitation for more to join. Think of the TPP as a NAFTA on steroids, which could encompass half of the world.

This is the largest, most potentially damaging agreement since the 1995 establishment of the WTO. And you may never have heard about it before. That's because the negotiations, which have been underway for three years, are being conducted in extreme secrecy. The public, Congress, and the press are locked out, but the 600 official corporate advisors have access to the negotiating texts.

The TPP is the latest strategy by the same gang who got us into the North American Free Trade Agreement (NAFTA) and pushed for the expansion of the WTO: American job-offshorers like GE and Caterpillar; banksters like Citi; pharmaceutical price-gouging giants like Pfizer; oil, gas, and mining multinationals like Chevron and Exxon; and agribusiness monopolists like Cargill and Monsanto.

They've misbranded the TPP as a model 21st-Century "trade" deal to try to sell it with the usual false promises of it expanding exports. But only two of the TPP's 29 chapters are about "trade."

Most of the TPP's proposed provisions instead comprise a corporate power grab. The TPP would includeextreme protections for foreign investors, which would help corporations offshore American jobs to low-wage countries. These terms would require governments to provide foreign investors a guaranteed "minimum standard of treatment" when they relocate, including special privileges and rights that domestic firms and investors do not enjoy. Foreign firms-or foreign subsidiaries of U.S. firms-could extract unlimited amounts of taxpayer money as compensation when investors claim that U.S. government actions undermine a corporation's expected future profits. Seriously.

Equal Status for Corporations and Country

The investor rules would elevate individual foreign firms and investors to the same status as the sovereign nations that would be party to the TPP. Corporations and investors would be empowered to privately enforce the agreement by suing a signatory government before the World Bank and other foreign tribunals. In this "investor-state dispute resolution," three private-sector lawyers, who rotate between suing governments and acting as "judges," could order governments to pay large amounts of our tax dollars to investors who do not want to follow the same laws as domestic firms.

Under similar, if less grandiose, provisions in NAFTA, investors have been paid hundreds of millions of dollars in cases attacking bans on toxic chemicals, land use rules, and more. Phillip Morris Asia has attacked Australia's cigarette plain packing law-which requires that health warnings be included in cigarette packaging-before such a tribunal. Australia announced in April that it will not agree to be bound to the investor-state regime in the TPP. Negotiators from the United States have declared that all TPP nations must submit to this regime.

Either by winning an investor-state dispute or by preemptively putting a chill on government actions to address critical public needs, the TPP's investor rights would impose an outer bound of the possible for communities and countries setting policies related to health, the environment, water, or other natural resources. There is almost no progressive movement or campaign whose goals are not threatened, while vast swaths of public-interest policy achieved through decades of struggle are poised to be undermined as these attacks proliferate.

Progressive Achievements Rolled Back

The TPP would also ban existing and future "Buy Local" and "Buy American" procurement policies. These are rules that direct federal and state governments to reinvest our tax dollars to create American jobs by buying domestically made cars, steel, food, and more, and by giving contracts to local construction firms or call centers firms.

The TPP also would expose to attack green and sweat-free procurement rules that specify that only recycled paper, non-old-growth wood products, renewable-source energy, or products made under fair labor standards can be purchased with government funds. Under these terms, democracies would no longer be able to decide that we want to invest our tax dollars to create jobs at home or to create markets for green energy or morally produced goods. Instead, the TPP would require our governments to send our money offshore and spend it with firms trashing human rights and the environment.

The TPP would limit financial regulation by forbidding bans on risky derivatives and other dangerous financial products, as well as the use of capital controls to counter wild surges of speculative investments in and out of countries, which destabilize the global economy. The massive financial firms that caused the financial crisis could use these terms to roll back the new financial regulations implemented in the U.S. and around the world.

As far as health care goes, the TPP would grant new monopoly privileges to Big Pharma that would jack up medicine prices and cut consumers' access to life-saving medicines in the developing countries involved in the TPP. There is a proposal to allow pharmaceutical firms to challenge the pricing decisions of cost-saving drug formularies, which are used by developing countries and, increasingly, by the United States, to bargain for better prices with drug firms.

One chapter would even attack Internet freedom by imposing through the backdoor damaging aspects of the Stop Online Piracy Act (SOPA), which citizen activism derailed in the U.S. Congress.

A Trade Justice Coalition Emerges (Again)

That's only the tip of the iceberg. But it's precisely the extreme nature of the TPP corporate wish list that is its greatest vulnerability-and our greatest opportunity. The 1-percenter TPP agenda would harm most of us in the United States and in the other countries involved. It can only survive if left shrouded in darkness. Citizen activists in many of the TPP countries are building an inspiring global movement implementing the "Dracula strategy" to drag the TPP into the sunshine so those who will have to live with its consequences can know what's coming and take action.

Civil society groups representing millions of members worldwide have joined together in raising the alarm. And, given the stunning audacity of the TPP's prospective corporate power grab, activism is reaching beyond the environmental, consumer, labor, family farm, and access to medicines groups who have been the mainstay of movements against past "trade" agreement attacks. Amnesty International, the American Civil Liberties Union, Avaaz, Consumers International, tobacco controls groups, and many other organizations have become involved.

From the United States to Australia and even to Malaysia (where any public gathering the authorities consider to be a protest is illegal and participants are subject to arrest), protests are growing. Outside each posh resort where TPP negotiators meet behind closed doors, citizens gather to chant "Flush the TPP,""Release the Text," and "Peoples' Needs, Not Corporate Greed!"

At the next round of negotiations, which will be held in early December in Auckland, New Zealand, negotiators hope to finish several chapters of the deal, so they can sign the whole thing in the first quarter of 2013.

Each of us can make a difference. Given the threats that the TPP poses to a stunningly broad range of fundamental rights and public needs, this is a fight-like the Battle in Seattle in 1999-that can unite a powerful coalition of movements. And it is people power that will be victorious against the TPP corporate power grab, if you help spread the word.


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FOCUS | Obama's Crackdown on Marijuana Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=11104"><span class="small">Charles Pierce, Esquire</span></a>   
Sunday, 09 December 2012 12:36

Pierce writes: "Of all the unfathomable quirks...of the Obama Administration, its unfathomable rigidity on the topic of marijuana makes less sense than any of the others."

President Barack Obama speaks to supporters during a campaign fundraiser in Denver, 05/23/12. (photo: AP)
President Barack Obama speaks to supporters during a campaign fundraiser in Denver, 05/23/12. (photo: AP)



Obama's Crackdown on Marijuana

By Charles Pierce, Esquire

09 December 12

 

f all the unfathomable quirks - and I am being very kind, it being the holiday season and all - of the Obama Administration, its unfathomable rigidity on the topic of marijuana makes less sense than any of the others. The squishiness elsewhere on civil liberties is understandable in the context that America simply will not elect a president who campaigns on a platform of appearing to weaken the office. The crushing of whistle-blowers - and the revolting confinement of Bradley Manning - at least can be understood in that same context. (We have committed ourselves, one way or another, to voting for a president based somewhat on his more authoritarian impulses since the country elected Andy Jackson. The last president to get elected based on promises to maintain the office within its prescribed constitutional limits was James Madison, who helped define those limits in the first place.) The occasionally mushiness on corporate malfeasance is a demonstration that the president's populism has very clearly defined - and, to be entirely fair, very clearly explained - limits. All of these can be understood generally - which is not the same thing as being excused - by the fact that we elect human beings to be our president and that we have certain expectations of those humans and that office which are darker than others, and which we don't talk about among ourselves very often.

But the relentless busting of chops on ganja doesn't fit into any of those categories. If nothing else, the results in Colorado and in Washington state - and, to a lesser extent, in Massachusetts - indicate that the political salience of the "war on drugs," as applied to marijuana, at least, almost has completely evaporated. It can be argued that there is no more political risk to the president of changing his policy on marijuana now than there was in his "evolving" on gay marriage last year. In both cases, the people out in the states are out ahead of the national politics of the issue.

But, as we learn in today's New York Times, in a story by national-treasure Charlie Savage, rather than avail itself of the freedom to maneuver it was granted by the results of statewide referenda last month, the administration instead is reacting to those results by getting even tougher.

Even as marijuana legalization supporters are celebrating their victories in the two states, the Obama administration has been holding high-level meetings since the election to debate the response of federal law enforcement agencies to the decriminalization efforts. Marijuana use in both states continues to be illegal under the federal Controlled Substances Act. One option is to sue the states on the grounds that any effort to regulate marijuana is pre-empted by federal law. Should the Justice Department prevail, it would raise the possibility of striking down the entire initiatives on the theory that voters would not have approved legalizing the drug without tight regulations and licensing similar to controls on hard alcohol. Some law enforcement officials, alarmed at the prospect that marijuana users in both states could get used to flouting federal law openly, are said to be pushing for a stern response. But such a response would raise political complications for President Obama because marijuana legalization is popular among liberal Democrats who just turned out to re-elect him.

A little further down in the story, we get a glimpse of at least a piece of what is really going on, a real-life response to the warning of Governor William J. LePetomaine from Blazing Saddles: "Gentlemen, we could lose our phony-baloney jobs over this."

In reviewing how to respond to the new gap, the interagency task force - which includes Justice Department headquarters, the Drug Enforcement Administration, the State Department and the offices of the White House Counsel and the director of National Drug Control Policy - is considering several strategies, officials said. One option is for federal prosecutors to bring some cases against low-level marijuana users of the sort they until now have rarely bothered with, waiting for a defendant to make a motion to dismiss the case because the drug is now legal in that state. The department could then obtain a court ruling that federal law trumps the state one. A more aggressive option is for the Justice Department to file lawsuits against the states to prevent them from setting up systems to regulate and tax marijuana, as the initiatives contemplated. If a court agrees that such regulations are pre-empted by federal ones, it will open the door to a broader ruling about whether the regulatory provisions can be "severed" from those eliminating state prohibitions - or whether the entire initiatives must be struck down.

Yeah, there's the entire private and public infrastructure that has grown up to service the "war on drugs." People have gotten quite rich and quite fat over the periodic pointless frenzies into which the country hurls itself. Reputations and fortunes have been made, and that's not even to get into the criminal empires that have sprung up, and the underground economy that services them, because we didn't learn fk-all from the last failed Prohibition experiment that we talked ourselves into. There are a lot of people, cops and criminals and everyone in between, who have a lot to lose now.

Even given the first part of the blog's First Law Of Economics (Fk The Deficit) does it strike anyone else that embarking on either one of these strategies - but especially, the second one - is a profound waste of money at a time in which we're quibbling over how much cat food we are going to allow our seniors in exchange for (maybe) pushing the top rate up to half of what it was after the JFK tax-cuts finally got passed? And, after three decades of wasteful spending, truncated personal liberties, and feckless cultural hysteria, we are now preparing to throw that much good money after that much bad? This is not just bad public policy, because its such an obvious waste of time and resources. And this is not just bad politics, because the president is blowing an opportunity to correct the obvious waste of time and resources, and to do so in a direction in which the country is already moving. This is completely freaking nuts.

I mean, seriously, are these people high?

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Run, Hillary, Run Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=5903"><span class="small">Michael Tomasky, The Daily Beast</span></a>   
Sunday, 09 December 2012 08:45

Tomasky writes: "Hillary Clinton has not just the chance to run in 2016. She has the obligation to do so."B

'Fifty-seven percent in the latest ABC News/Washington Post poll say they'd back a run by Clinton to succeed Barack Obama.' (photo: Reuters)
'Fifty-seven percent in the latest ABC News/Washington Post poll say they'd back a run by Clinton to succeed Barack Obama.' (photo: Reuters)



Run, Hillary, Run

By Michael Tomasky, The Daily Beast

09 December12

 

s it too early to talk about 2016? Of course it is. It's preposterous. So I'm not talking about 2016. Instead, I'm talking about something much bigger: I'm talking, let us say, about the great march of history, the ineluctable links of causality, the tempora and the mores, the old mole working both underground and above. And in this context, this context of keeping history moving forward, Hillary Clinton has not just the chance to run in 2016. She has the obligation to do so. Her party, and her country, will need her then, to consolidate gains and prevent the backsliding that the backsliders just can't wait to commence. In other words, if the next four years go the way I suspect they might, it will be of the most fundamental importance that the Democrats hold the White House thereafter, and the burden of so ensuring falls squarely on the shoulders of Hugh Rodham's rebellious daughter.

Here's what I mean. I suspect that the next four years will go rather nicely for my side. The economy shows every sign of turning around and, one hopes, going like gangbusters three years hence. Obamacare will be implemented. Taxes - tax rates - will have been hiked. Immigration reform may well have been enacted. With a ridiculous amount of luck, a carbon tax. And all that will have been on top of Dodd-Frank, the equal pay act, and the other first-Obama-term accomplishments. We stand a decent chance, come 2016, of looking back on a pretty darn good eight years.

Well, that's my "we." There's another we - the we on the other side of the ideological parking lot, who'll be looking back on eight years of unmitigated socialistic disaster that they'll be aching to undo. They'll be desperate to get the top tax rate back down as low as they can get it. They'll be itching to repeal Dodd-Frank, or at the very least eliminate its most visible and progressive manifestation, the Consumer Financial Protection Bureau. They'll be pining to roll back myriad rules and regulations that don't get much press attention but have certainly helped make a more progressive country in areas like labor, the environment, energy, and more. And they'll never stop poking at Obamacare's perimeter fence, looking for weaknesses.

Whatever ooey-gooey, reasonable-sounding verbiage they employ to get to the White House in 2016, the fact is that their agenda will be just as I describe it above. This rapacious leopard won't change its spots that drastically in a mere four years. They'll do a better job of hiding it than Mitt Romney did, but they'll want to take the country in a radical direction and erase the past years the way as Ramses wanted the name of Moses scraped from the obelisks.

So the Democrats collectively will have a job to do in 2016, or several jobs. There will be many gains to be protected. And new gains to win. Obamacare, if anything (listen up, conservatives!), will need to be expanded, given that the original subsidies in the bill are a tad parsimonious. The battle over taxes will continue, as will the fight over the future health of the Social Security and Medicare systems. And - just sayin' - Antonin Scalia and Anthony Kennedy will both turn 81 in 2017.

The presidency was once described by some historians as a prize, won in one election by this team, in another by that team. The metaphor suggests that elections are discrete and separate from one another and that the stakes aren't much greater than those encountered on a game show. But that's not the case anymore. Prize is the wrong metaphor for how we ought to see the presidency today. Now, we ought to see it as an instrument through which progress can either be advanced or retarded, and rather than thinking of each election victory as a prize, we ought to think of each as a step on a continuum.

This will be especially true in 2016, when a Republican victory would put at mortal risk the gains of the Obama years. So the next election will be no time to leave all this to chance - or to Andrew Cuomo or Martin O'Malley or even to Joe Biden. Hillary has to do it. She could handily beat the whole parade of Republicans. They're children next to her. None of them is even in her weight class except for Jeb Bush, but he seems to me pretty easily disposed of with one question: "Okay, America, you're being the given the choice to extend either Bill Clinton's presidency or George W. Bush's. Which way do you want to go?"

The circumstances have to be right, of course. I could be wrong about the next four years. But if I'm not, it will be the case not only that Hillary could run - it will be the case that she must run. The Democratic Party's leaders and money people won't be able to force others not to run, but they should do everything within their power to signal to the political world that it's Hillary and just get on the damn bus. As someone I know rather well said back in 2001, it's Hillary's Turn.

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Scalia v. Free Speech Print
Sunday, 09 December 2012 08:40

Millhiser writes: "The truth is that Scalia only believes in the democratic process when democracy does what he wants it to do."

Supreme Court Justice Antonin Scalia. (photo: Chip Somodevilla/Getty Images)
Supreme Court Justice Antonin Scalia. (photo: Chip Somodevilla/Getty Images)



Scalia v. Free Speech

By Ian Millhiser, ThinkProgress

09 December 12

 

ew York Times v. Sullivan is one of the two or three most important free speech cases in American history. In essence, New York Times held that reporters and other individuals cannot be held liable for making unintentionally false statements against public figures so long as they do not do so with "reckless disregard of whether [their statement] was false or not." Without this decision, every writer, reporter and blogger in the country would live in constant fear that if they relied on the wrong source or made any of a number of innocent mistakes, the result could be financial ruin.

Indeed, nothing highlights the danger of a different legal regime more than the facts of the New York Times case themselves. Civil rights advocates ran an ad in the New York Times that includes a number of trivial factual errors, such as claiming Dr. Martin Luther King, Jr. had been arrested seven times when in fact he at only been arrested four times when the ad ran. Based on these minor errors, an Alabama court ordered the New York Times and the civil rights leaders to pay $500,000 in a transparent effort to shut down speech critical of Jim Crow - a practice which was very common in the segregationist south. So New York Times v. Sullivan did not simply protect journalism generally, it ended the apartheid states' practice of deliberately intimidating people who report on civil rights by awarding massive libel awards to segregationists.

During a recent Charlie Rose interview, Supreme Court Justice Antonin Scalia had this to say about the decision:

One of the evolutionary provisions that I abhor is New York Times v. Sullivan. It made a very good system that you can libel public figures at will so long as somebody told you something - some reliable person - told you the lie that you then publicized to the whole world. That's what New York Times v. Sullivan says. That may well be a good system and the people of New York state could have adopted that by law, but for the Supreme Court to say that the Constitution requires that - that's not what the people understood when they ratified the First Amendment. . . .
The issue is "who decides?" Who decides what's right? And it's the people. The background rule is democracy, and the rule of democracy is the majority rules.

 

 

Scalia's professed love of democracy is admirable, but the truth is that Scalia only believes in the democratic process when democracy does what he wants it to do. He was one of the five justices who voted to give the presidency to George W. Bush, and he voted to strike down the Affordable Care Act based on reasoning that, in the words of a leading conservative judge, had no basis “in either the text of the Constitution or Supreme Court precedent.”

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