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Politics
The First Amendment, Upside Down Print
Tuesday, 28 June 2011 10:56

The New York Times: "The Supreme Court decision striking down public matching funds in Arizona's campaign finance system is a serious setback for American democracy. The opinion written by Chief Justice John Roberts Jr. in Monday's 5-to-4 decision shows again the conservative majority's contempt for campaign finance laws that aim to provide some balance to the unlimited amounts of money flooding the political system."

Chief Justice John G. Roberts Jr. said the government cannot 'attempt to equalize electoral opportunities,' 06/27/11. (photo: Michael Conroy/AP)
Chief Justice John G. Roberts Jr. said the government cannot 'attempt to equalize electoral opportunities,' 06/27/11. (photo: Michael Conroy/AP)



The First Amendment, Upside Down

By The New York Times | Editorial

27 June 11

 

he Supreme Court decision striking down public matching funds in Arizona's campaign finance system is a serious setback for American democracy. The opinion written by Chief Justice John Roberts Jr. in Monday's 5-to-4 decision shows again the conservative majority's contempt for campaign finance laws that aim to provide some balance to the unlimited amounts of money flooding the political system.

In the Citizens United case, the court ruled that the government may not ban corporations, unions and other moneyed institutions from spending in political campaigns. The Arizona decision is a companion to that destructive landmark ruling. It takes away a vital, innovative way of ensuring that candidates who do not have unlimited bank accounts can get enough public dollars to compete effectively.

Arizona's campaign finance law provided a set amount of money in initial public support for candidates who opted into its financing system, depending on the type of election. If a candidate faced a rival who opted out, the state would match the spending of the privately financed candidate and independent groups supporting him, up to triple the initial amount. Once that limit is reached, the publicly financed candidate receives no other public funds and is barred from using private contributions, no matter how much more the privately financed candidate spends.

Chief Justice Roberts found that this mechanism "imposes a substantial burden" on the free speech rights of candidates and independent groups because it penalized them when their spending triggered additional money for a candidate who opted into the public program. The court turns the First Amendment on its head. It denies the actual effect of the Arizona law, which is not to limit spending but to increase it with public funds. The state program expands political speech by giving all candidates, not just the wealthy, a chance to run - while allowing privately financed candidates to spend as much as they want.

Justice Elena Kagan, writing in dissent, dissects the court's willful misunderstanding of the result. Rather than a restriction on speech, she says, the trigger mechanism is a subsidy with the opposite effect: "It subsidizes and produces more political speech." Those challenging the law, she wrote, demanded - and have now won - the right to "quash others' speech" so they could have "the field to themselves." She explained that the matching funds program - unlike a lump sum grant to candidates - sensibly adjusted the amount disbursed so that it was neither too little money to attract candidates nor too large a drain on public coffers.

Arizona's system was a response to a history of terrible corruption in the state's politics. Rather than seeing the law as a way to control corruption, the court struck it down as a limit on the right of wealthy candidates and independent groups to speak louder than others.

The ruling left in place other public financing systems without such trigger provisions, including public financing for presidential elections. It shows, however, how little the court cares about the interest of citizens in Arizona or elsewhere in keeping their electoral politics clean.

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Run Sarah (and Michele) Run! Print
Monday, 27 June 2011 17:56

Michael Muskal reports: "The two women, darlings of the Republican right, ran at the top of a survey at the Netroots Nations conference, attended by more than 500 people who consider themselves on the left flank. But winning this survey means that liberals have the least fear of either woman, viewing them as candidates who would give President Obama the easiest race."

Rep. Michele Bachmann (R-Minn.) speaks at the Republican Leadership Conference in New Orleans, 06/17/11. (photo: Sean Gardner/Reuters)
Rep. Michele Bachmann (R-Minn.) speaks at the Republican Leadership Conference in New Orleans, 06/17/11. (photo: Sean Gardner/Reuters)



Run Sarah (and Michele) Run!

By Michael Muskal, Los Angeles Times

26 June 11

 

Sarah Palin and Michele Bachmann favored (by liberals) for GOP presidential nomination.

arah Palin and Michele Bachmann went head-to-head over the weekend in a straw-poll battle regarding the GOP presidential nomination - but this was a race in a forum that neither candidate wanted to win.

The two women, darlings of the Republican right, ran at the top of a survey at the Netroots Nations conference, attended by more than 500 people who consider themselves on the left flank. But winning this survey means that liberals have the least fear of either woman, viewing them as candidates who would give President Obama the easiest race.

Former Massachusetts Gov. Mitt Romney won the poll as the candidate that progressives least want to face Obama in 2012. By a wide margin, the liberal participants said they felt Romney would be the likely opponent.

Palin, the former GOP vice presidential nominee, got 32 votes, while Bachmann, the congresswoman from Minnesota, was chosen by 27 people as the candidate conferees would most prefer ran against Obama. The survey, which of course lacked any scientific value, was a Christmas list of what one wing of the Democratic Party would like to see in the presidential race.

The straw poll was conducted by Greenberg Quinlan Rosner Research and Democracy Corps in close partnership with Revolution Messaging. The results are based on a straw poll of 519 conference attendees conducted via text messaging, onsite iPads and an online platform.

On more serious issues, the straw poll found that participants were strongly supportive of Obama despite some public misgivings. Many liberals have questioned Obama’s policies on U.S. military engagement and healthcare as short of what they had sought.

Despite some publicized criticism from the left, progressives remain loyal to Barack Obama and remain focused on the economy as the top issue our country faces today.” said Stan Greenberg, chief executive of Greenberg Quinlan Rosner.

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FOCUS | Imperiled Revolutions Print
Friday, 24 June 2011 14:30

Excerpt: "The Arab Spring was marked by spontaneous revolts, lack of charismatic leaders, youthful exuberance, and disdain for more traditional forms of organizational discipline. That is what made these revolutions so appealing. Institutional obstacles to democracy, however, require institutional responses: speaking truth to power is no longer enough. Success now hinges on the organization of power by the former insurgents and their ability to deal with the armed forces, the bureaucracy, religious institutions and the global economy."

In Tahrir Square, a young man's face is painted with the colors of the Egyptian flag, 02/11/11. (photo: Rick Loomis/LAT)
In Tahrir Square, a young man's face is painted with the colors of the Egyptian flag, 02/11/11. (photo: Rick Loomis/LAT)



Imperiled Revolutions

By Stephen Eric Bronner, Reader Supported News

24 June 11


Reader Supported News | Perspective

 

tormy weather is looming over the Arab Spring of 2011. Revolutions in Tunisia, Jordan, Egypt and elsewhere are seemingly in limbo as activists attempt to translate democratic ideals into institutional reality. These anti-authoritarian revolutions followed the still-simmering "Green" upsurge in Iran. They transgressed national borders, challenged unique notions of identity, and exploded the paternalistic and racist assumptions underpinning once-popular beliefs in a "clash of civilizations." Obstacles to a democratic future have arisen, however, that deserve more attention than they have been given by the established media. The Arab Spring was marked by spontaneous revolts, lack of charismatic leaders, youthful exuberance, and disdain for more traditional forms of organizational discipline. That is what made these revolutions so appealing. Institutional obstacles to democracy, however, require institutional responses: speaking truth to power is no longer enough. Success now hinges on the organization of power by the former insurgents and their ability to deal with the armed forces, the bureaucracy, religious institutions and the global economy.

Max Weber famously noted that the viability of any state rests on its legitimate monopoly over the means of coercion. The armed forces thus remain the pivot: paramilitary organizations are not merely a threat to stability but to commerce and the liberal rule of law. It is thus necessary to look beyond the barbarous armed repression against dissidents in Bahrain, Libya, Syria and Yemen. Whatever new democratic states emerge in the Middle East, they will need to prevent the military and the police from acting as an autonomous agent in political affairs. How the armed forces will respond to the obviously necessary curtailment of their former privileges and benefits is a key concern. President Hosni Mubarak boasted a military that was the largest in Africa and, with 500,000 enrolled, made it by far the largest employer in Egypt. The military occupied a special place in Egyptian society. Its generals notoriously benefited from state corruption, and its yearly budget of well over $2 billion drained resources that might have been better spent on a variety of welfare services including health and sanitation. What is true for Egypt is basically true for the rest of the Middle East. Cutting the size of a bloated military and police apparatus is the precondition for a liberal welfare state. The possibility of a response to the incipient republican order by the armed forces is thus very real. But there are other options. Tunisia's military has chosen to accommodate democratic forces as they prepare for elections down the road. Such actions will undoubtedly heighten respect for the armed forces. And that is a matter of some importance. The military lacks political legitimacy in its own right; its leaders are ill-equipped to deal with economic issues; its members can surely be deployed for more useful purposes in civil society; and its future interests may well conflict with those of the old bureaucracy and the mosque.

Established monarchies are trembling in Bahrain, and even in Saudi Arabia. King Abdullah II of Jordan has acceded to demands for a more fairly-elected parliament. If and when genuine elections occur, the question is the form that they will take and the structure of the new state. Arbitrary exercise of power, labyrinthine forms of hierarchy, corruption and rank cronyism were hallmarks of the old order and its authoritarian bureaucracy. Lack of civil liberties, fairness, transparency, and the liberal rule of law were – along with lack of economic opportunity - perhaps the primary sources of revolt during the Arab Spring. Thoughts of a new bureaucracy, however, often generate feelings of uncertainty. The more conservative-minded tend to assume that only bureaucrats of the former regime know how the country functions. Iraq's sectarian civil war was, moreover, triggered by the decision of the Bush administration to exclude all members of the Baath Party from the new regime. History suggests that dealing with the old civil service requires a scalpel rather than a hammer. But, still, any stable liberal state requires an independent judiciary and the integration of younger technocrats, lawyers, and other professionals associated whose unemployment rate soared in pre-revolutionary Egypt and Tunisia. Instituting a transparent and accountable bureaucracy thus calls for responsible political organizations capable of compromise whose loyalties are tied to the new state as well as their own particular constituencies or countervailing institutions – such as the mosque.

Islam is embraced by the vast majority of the Middle East. The idea of a liberal secular republic is the vision of the bourgeoisie, professional elements among the middle strata, and the more organized and skilled sections of the working class. There is little doubt that the mosque provided an institutional foundation for opposition to secular authoritarian leaders – the Church took on a similar role in Eastern Europe under communism – and it makes sense that organizations like the Muslim Brotherhood should have a jump start on political organization in the post-revolutionary society. Conflicts between religious and secular factions have had devastating consequences in Algeria and elsewhere. Gender equality, gay rights, secular education, toleration of religious differences, and individual autonomy have always been greeted with suspicion by its more orthodox partisans. Islam recognizes no distinction between mosque and state. But it would be suicidal for new republics simply to ignore religious constituencies. There is a way in which they need the republic as much as the republic needs them. Conflicts within and between different mosques – Sunni, Shia, and various smaller sects – will require rational adjudication by independent administrators and judges. Islam also evinces an ethical concern with helping the poor, and many of its leaders are committed to developing the economy. Organizations like the Muslim Brotherhood retain different factions that are - more or less - willing to accommodate the requirements of a stable liberal order committed to social justice. Thus, the youth movement of the Egyptian Muslim Brotherhood has split and formed a new party – the Egyptian Current Party – that is committed to the separation of mosque and state, civil liberties, and Islamic culture without Sharia law.

Incipient democratic regimes will also need to negotiate the privileges of capitalists in what will obviously become capitalist democracies. Compromises with the bourgeoisie are unavoidable for the simple reason that employment requires investment. External forces will subsequently have an important impact on the way in which progressives deal with internal problems. It matters that the IMF is planning to cancel the debts of Egypt and Tunisia and that the United States has offered $20 billion in guaranteed loans and developmental aid to these nations, along with millions more for a "shadow" internet and communications technology (ostensibly free from authoritarian state interference). Capitalists will obviously seek to maximize their profits. But they also know that these new liberal regimes require a mass base. Coalitions and compromises thus become necessary. Talk about the "poor" obscures structural conflicts of interest between workers and peasants: thus, for example, the former seek high prices for manufactured goods and low prices for agricultural commodities while the latter hope for the opposite. Conflicts such as these will surely test the skill of political leaders in nations where investment has declined, tourism is down, poverty is rampant, and refugees are often swelling the ranks of the unemployed.

Revolution is a daunting task, but running a country the day after is perhaps an even more daunting proposition. New liberal republics in economically disadvantaged circumstances will need to navigate a swirl of conflicting economic interests and illiberal institutional claims. These are not discrete concerns though, in each circumstance, the art – not the science – of politics is required to provide an integrated set of responses. Ignoring the logic of power is no solution. Only by confronting reactionary and exploitative interests with an eye privileging the common needs of the disenfranchised and the oppressed will a fresh breeze sustain the Arab Spring.


Stephen Eric Bronner is Distinguished Professor (PII) of Political Science and Director of Civic Diplomacy and Human Rights at the Institute for Global Challenges: Rutgers University. The Senior Editor of "Logos: A Journal for Modern Society and Culture," he is the author of "Peace Out of Reach: Middle Eastern Travels and the Search for Reconciliation" as well as numerous other works.

This article also appeared in the internet magazine Jacobin.

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Koch Brothers' Campaign to Kill Social Security Print
Thursday, 23 June 2011 10:21

Video: Bernie Sanders and Brave New Foundation investigate a multi-million-dollar misinformation campaign by the Koch Brothers to dismantle Social Security.

Bernie Sanders and Brave New Foundation are investigating the Koch Brothers. (photo: Brave New Foundation)
Bernie Sanders and Brave New Foundation are investigating the Koch Brothers. (photo: Brave New Foundation)



Koch Brothers' Campaign to Kill Social Security

By Bernie Sanders, Brave New Foundation

23 June 11

 

"Expose the Kochs": The Koch Brothers fund multiple think tanks and academic centers to promote their ideology and expand their profits. Watch Bernie Sanders and Brave New Foundation investigate and reveal the Koch Brothers' campaign to kill Social Security. -- CW/RSN

 

http://www.youtube.com/watch?v=WFymBUsoNWY

 

Counter the Koch billions. Protect Social Security.

he Facts:

  1. Social Security belongs to you - the workers who contribute to it - not the politicians in Washington.


  2. Social Security will never go bankrupt. Its major source of income comes from the contributions of workers and employers; as long as there are workers, Social Security will have income. Closing tax loopholes for wealthy individuals will increase the long term financial health of the program, and protect it for decades to come.


  3. Raising the retirement age is a terrible idea and a large benefit cut. If you were claiming benefits as a 66 year-old retired worker and the full retirement age was changed from 66, where it is today, to 69 your benefits would be cut 20 percent. A typical benefit would drop from $14,000 a year to $11,200 a year.


  4. Privatizing Social Security would be a disaster. Social Security is so valuable because it provides a guaranteed benefit. Privatizing Social Security would remove this guarantee and have people gamble their retirement savings in the casinos of Wall Street. If the recent financial crisis taught us anything, Wall Street is the last place where our money is safe.

For more information, check out the Strengthen Social Security Campaign.

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GOP Can't Block Recess Appointment of Elizabeth Warren Print
Wednesday, 22 June 2011 11:40

Intro: "If you're following the story of whether President Obama will nominate Elizabeth Warren to head the Consumer Financial Protection Bureau (CFPB), you've probably heard that the Republicans found a way to block even a recess appointment. It turns out that's mistaken."

Elizabeth Warren, who chairs an oversight committee set up by Congress to oversee TARP, speaks during an interview. (photo: AP)
Elizabeth Warren, who chairs an oversight committee set up by Congress to oversee TARP, speaks during an interview. (photo: AP)



GOP Can't Block Recess Appointment of Elizabeth Warren

By David Arkush, Public Citizen

22 June 11

 

f you're following the story of whether President Obama will nominate Elizabeth Warren to head the Consumer Financial Protection Bureau (CFPB), you've probably heard that the Republicans found a way to block even a recess appointment. It turns out that's mistaken.

Media outlets have reported that the Republicans, despite being the minority party in the Senate, can block not only Senate confirmation by the Democratic majority (using the standard filibuster), but also a recess appointment - by stopping the Senate from adjourning. How can the minority party stop the Senate from taking a break? Press accounts haven't explained or elaborated on the point, except to report that apparently it's the House - meaning Speaker Boehner - that can hold the Senate open. That doesn't explain much.

Here's the rule:

"Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting."

That's Article I, section 5, clause 4 of the U.S. Constitution. You have to hand it to the House Republicans. They read the Constitution.

But they may not have read the whole thing. A little bit later - in the very same Constitution - is this passage on presidential powers:

"[The President] shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States."

That's Article II, section 3, clause 3 (the emphasis is mine, not the founders'). Yes, you read it correctly. If the Senate wants to adjourn and the House won't permit it, the President can adjourn both houses of Congress. That would be a fitting end to the House meddling in nominations - a power the Constitution expressly assigns to the President and the Senate, not the House.

Below is the letter I sent to President Obama today, urging him to exercise his "adjournment power" if necessary to appoint Prof. Warren.


President Barack Obama
1600 Pennsylvania Ave, NW
Washington, DC 20500

June 21, 2011

Dear President Obama:

On behalf of more than 225,000 Public Citizen members and supporters, I urge you to install Professor Elizabeth Warren as director of the Consumer Financial Protection Bureau (CFPB) - including by recess appointment if necessary.

Few would dispute that Professor Warren is the best candidate to lead the CFPB. She is among the nation's leading experts on consumer financial protection. At the same time, she is no ivory-tower academic. Her expertise is complemented by an understanding of the financial problems of ordinary Americans and a passion for making markets work for them. She is also a superlative spokesperson and, in standing up the CFPB, she has shown that she is a highly competent manager and administrator.

There is no legal obstacle to making Professor Warren the CFPB's first director. Contrary to press reports, the House of Representatives cannot hold the Senate open to block a recess appointment. When the House and Senate cannot agree on the timing of adjournment, the Constitution explicitly provides the President the power to adjourn the Congress:

"[H]e may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper...."

U.S. Const. Art. II, § 3 (emphasis added). The use of this "adjournment power" would be particularly appropriate if the House prevents Senate adjournment in a bid to interfere with the appointment of certain public officials, a matter that the Constitution explicitly assigns to the President and the Senate.

Senate rules permit just 41 senators to block the Senate from voting on a nominee, and 44 Senate Republicans have stated that they will oppose any nominee for the CFPB unless the agency is weakened. Negotiating to weaken the CFPB is unacceptable. Unless at least four senators change their minds, thereby providing the 60 votes necessary to hold a simple majority vote on a nomination, you will need to make a recess appointment to secure a director of the CFPB.

I urge you to nominate Prof. Warren to head the CFPB and, if House obstructionism makes it necessary, to use your adjournment power so that you can appoint her during a Senate recess.

Sincerely,

David Arkush
Director
Public Citizen's Congress Watch division

cc: The Honorable Harry Reid, Senate Majority Leader

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