Showing posts with label U.S. Constitution. Show all posts
Showing posts with label U.S. Constitution. Show all posts

Saturday, June 22, 2013

How FISA law became unconstitutional

One terrorist act and one amendment at a time, that's how.  Argues law professor Laura Donahue:

To the extent that the FISC sanctioned PRISM, it may be consistent with the law. But it is disingenuous to suggest that millions of Americans’ e-mails, photographs and documents are “incidental” to an investigation targeting foreigners overseas.

The telephony metadata program raises similar concerns. FISA did not originally envision the government accessing records. Following the 1995 Oklahoma City bombing, Congress allowed applications for obtaining records from certain kinds of businesses. In 2001, lawmakers further expanded FISA to give the government access to any business or personal records. Under section 215 of the Patriot Act, the government no longer has to prove that the target is a foreign power. It need only state that the records are sought as part of an investigation to protect against terrorism or clandestine intelligence.

This means that FISA can now be used to gather records concerning individuals who are neither the target of any investigation nor an agent of a foreign power. Entire databases — such as telephony metadata — can be obtained, as long as an authorized investigation exists.

President Obama is taking a lot of heat right now for the NSA's spying on us and rightly so.  But let's not let Congress off the hook.  They passed these laws.  They could pass a law to outlaw PRISM tomorrow, if they wanted to.  


By Laura K. Donohue
June 21, 2013 | Washington Post

Friday, June 21, 2013

Scalia: Our 'morphing' undead Constitution

Is it time to panic, folks?  Supreme Court Justice Antonin Scalia has repeatedly warned us that we have a zombie Constitution that is "dead, dead, dead."  He also warned us that it is "morphing."

We've all seen this happen in the movies and games like Resident Evil.  We know what we need to do.  We have no choice but to shoot our mutating, undead Constitution in the head.  

As zombie movies have taught us, it's only appropriate that a loved one pulls the trigger.  And nobody loves the Constitution like Scalia.  It's times like this when I thank God for the 2nd Amendment!


Monday, April 1, 2013

Thoughts on fighting terrorism

I would like President Obama and Congress to lay down a few markers for U.S. citizens and the rest of the world, because the "Great War on Terrorism" (GWOT) is hopelessly muddled and prone to overreach.

First, in operational terms, the most important marker is that any terrorist group that we take action against must present a clear and present danger to the United States, because that is the measure by which we decide whether to take military action against other sovereign states. And as a practical matter, we must look where such terrorists are based. If they are acting in a sovereign state -- as they are most likely to do -- then we must act only with the permission of that state. Failure to act militarily without that state's permission would be a violation of that state's sovereignty. There is hardly any act more serious that the United States could undertake. Violating another country's sovereignty should never be done lightly, and never without clear consultations with said state. And again, as a practical matter, we should be extremely wary of violating any country's sovereignty, since they are prone to take the most extreme actions against us in response. The United States would do no less if the shoe were on the other foot.

Second, we must always make a clear distinction between state-sponsored terrorism and non-state-sponsored terrorism.

Bitter experience has taught us that non-state terrorists flourish in failed or failing states, like maggots in a rotting corpse. Such groups present a novel and special challenge to the United States.  We know now that terrorist groups often hope that the U.S. will choose to put boots on the ground in failed states. Such groups flock to failed or failing states; in the first case for refuge and operational freedom; in the latter case often to foment total state failure to secure such operational freedom.  

Furthermore, terrorist groups know that our presence in such states will provide them with ready and abundant targets in confusing environments where our rules of engagement are muddled and lead to the killing of combatants and innocent non-combatants alike. Terrorists do not care about non-combatants. Indeed they hope that innocents will be killed by indiscriminate use of American force, since such killings tend to bolster their recruitment and win over public opinion to their side.

State-sponsored terrorism, by contrast, is war by other, indirect means by our adversaries in other sovereign states.  Where we can make a solid connection between the actions of terrorists against the U.S. and the states who sponsor them, then the U.S. should have the right to respond appropriately, up to and including military force against the sponsor state.  The U.S. has made it fairly clear that it will hold state sponsors accountable. So this is not the real problem. 

The main condition is that we must avoid conflating the two types of terrorism.  The second condition is that our government should never fail to provide evidence of a clear and present danger to the United States (or its allies) before authorizing military force against non-state or state-sponsored terrorists, or the states who sponsor terrorists.  

The U.S. Constitution makes no reference to terrorism. Terrorism did not exist in the late 18th century.  It is a modern phenomenon. Nevertheless, the principle set down in the Constitution that the President must seek permission from Congress to declare war should still apply in the case of terrorist organizations.  Our Founding Fathers' fear was not that the U.S. would make war against private individuals as opposed to other sovereign states; rather, our Founders were afraid that the Executive would deploy U.S. forces indiscriminately and non-judiciously. The same fear, the same likelihood, exists with regard to traditional warfare as it does with non-traditional counter-terrorism military operations.

Saturday, March 16, 2013

Greenwald: Constitution doesn't stop at U.S. border

All you so-called constitutional conservatives and Paulites, here's what the U.S. Supreme Court said in 1957 on the question of whether the U.S. Government is obligated to follow the Constitution beyond its borders:

At the beginning, we reject the idea that, when the United States acts against citizens abroad, it can do so free of the Bill of Rights. The United States is entirely a creature of the Constitution.  Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution. When the Government reaches out to punish a citizen who is abroad, the shield which the Bill of Rights and other parts of the Constitution provide to protect his life and liberty should not be stripped away just because he happens to be in another land.

This goes for all our constitutional rights:

This Court and other federal courts have held or asserted that various constitutional limitations apply to the Government when it acts outside the continental United States. While it has been suggested that only those constitutional rights which are 'fundamental' protect Americans abroad, we can find no warrant, in logic or otherwise, for picking and choosing among the remarkable collection of 'Thou shalt nots' which were explicitly fastened on all departments and agencies of the Federal Government by the Constitution and its Amendments. Moreover, in view of our heritage and the history of the adoption of the Constitution and the Bill of Rights, it seems peculiarly anomalous to say that trial before a civilian judge and by an independent jury picked from the common citizenry is not a fundamental right. . . . Trial by jury in a court of law and in accordance with traditional modes of procedure after an indictment by grand jury has served and remains one of our most vital barriers to governmental arbitrariness. These elemental procedural safeguards were embedded in our Constitution to secure their inviolateness and sanctity against the passing demands of expediency or convenience.

Glenn Greenwald makes clear the absurdity of contrary claims by neocons and Obama admin. officials:

[D]oes anyone think it would be constitutionally permissible under the First Amendment for the US government to wait until an American critic of the Pentagon travels on vacation to London and then kill him, or to bomb a bureau of the New York Times located in Paris in retaliation for a news article it disliked [Republicans would celebrate in the streets! - J] , or to indefinitely detain with no trial an American who travels to Beijing or Lima or Oslo and who is suspected of committing a crime? 


By Glenn Greenwald
March 15, 2013 | Guardian

Saturday, February 9, 2013

Gun nuts defend Confederate, not U.S., Constitution

YES!  Finally somebody else had the balls to say it: 

Although nullification, secession and armed conflict are not exclusively Southern responses to Obama's gun safety agenda, they certainly are much stronger there than elsewhere and they reflect the historical reality that these same false constitutional doctrines helped pave the way to the Civil War - the only episode of mass treason in US history.  

Once you allow this simple historical fact to sink in, the whole notion of "constitutional conservatism" finally starts to make sense. You see, the constitution these folks are referring to is not the Constitution of the United States of America.  It's the constitution of the Confederate States of America, whose entire reason for existing was to preserve the institution of slavery, and the political power of the slave-owning elite. 

And that constitution, thankfully, has already been shot full of holes, in the bloodiest war in American history, which it was the cause of. Nothing tells us more about what "constitutional conservatives" are really up to than a look back at the horrors of that war, and the unspeakable evils that it sought to preserve and protect. 

If these gun nuts want to re-fight the Civil War then, in the immortal words of George Dubya Bush: "Bring 'em on." The result will be the same. Just ask Randy Weaver and David Koresh.

P.S. -- Rand Paul's complaints about "King Obama" prove he is a blithering idiot who doesn't understand our Constitution or system of government. Even worse, he doesn't have his dad's wit, simple charisma, consistency or the courage of his [absolutely wrong] convictions. I'll say it again: these scions of prominent politicians are the worst kind -- Rand Paul, Mitt Romney, Dubya, Jesse Jackson, Jr., Al Gore -- and we should avoid them like the plague, because they are out to prove something, not to do what they think is right.


By Paul Rosenberg
February 6, 2013 | Aljazeera

Saturday, December 1, 2012

Lowry: What U.S. did in 200 years, Egypt must do in 2

NRO's Rich Lowry is not utterly stupid so let me use his latest op-ed as an emblem of right-wing wrongness. His criticisms of President Obama's policies vis-a-vis Egypt suffer from several Amero-centric, neo-con fallacies. Namely:

-  Events abroad happen quickly, in cause-and-effect timelines that correspond neatly to U.S. Presidential policies and tenures;
-  The U.S. has the power to shape events abroad; the exercise of that power is simply a function of U.S. willpower and determination, usually in the form of military action; and
-  America's agreeing to talk to foreign leaders = commiseration with those same foreign leaders = a "man crush."

Next, I don't want to compare Egypt to America, but... let me compare today's Egypt to America.  The American Revolution took 8 years.  It was a country of about 2.5 million, not counting slaves and Indians, a majority of which was loyal to King George throughout.  After that we had the destined-to-fail Articles of Confederation that lasted 8 years before being replaced by the U.S. Constitution.  It could be argued that many disputes left unsettled by the Federalists and Anti-Federalists festered and resulted in the American Civil War 72 years later.  That civil war was followed by Reconstruction, Jim Crow, and eventually the Civil Rights movement, culminating in the 1964 Civil Rights Act, adopted 188 years after the Declaration of Independence.

And that all started in a podunk colony on the ass-end of nowhere in the 18th century.  Compare that to today's Egypt, the most populated Arab country in the world with 84 million people.  What Lowry and other conservative pundits are doing is expressing disappointment with Egypt's failure to transition smoothly and non-violently in the span of 2 years from a brutal dictatorship of 30 years to a simulacrum of U.S. republican democracy that was  perfected over some 200 years.

So let me make obvious the absurdity of the criticism laid at President Obama's feet: that in a mere two years since Mubarak was forced to step down during peaceful protests, the failure of Egypt to transform itself into a peaceful, multi-ethnic, multi-confessional state with tolerance and free speech for all, represents a FAILURE of PRESIDENT OBAMA.  Meanwhile, in fact, liberals and non-Muslims in Egypt have been withdrawing from the constitutional convention in protest of the mangled process of its drafting and approval by referendum.  Still, it's Obama's fault that things aren't turning out ideally, now, immediately.

Folks, it doesn't get any more partisan, Amero-centric and short-sighted than this... and all from the editor of the most "intellectual" conservative media outlet around.  So you can imagine what dumber conservatives are saying about U.S. policy vis-a-vis Egypt.  It's completely unmoored from reality.

America needs a huge dose of humility, chased with a swig of its own long and tortured history for study.  Hell, I don't know how things are going to turn out there.  But I sure as hell know that we Americans can't determine the outcome.  That fact may drive many neo-cons and pundits nuts to the point of denial, but that's just the way it is.  


Morsi consolidates his dictatorship while the Obama administration tells itself bedtime stories.
By Rich Lowry
November 30, 2012 | National Review

Monday, August 20, 2012

Obama fights injunction against NDAA to keep unlimited detention

I admit I haven't been following this case or the National Defense Authorization Act (NDAA).  It looks sinister.  The plaintiff said she voted for Obama.  

Certainly I don't demand this much security from my government, if this is how they choose to "defend" us from terrorists.

For his part Mitt Romney said during a GOP primary debate on FOX that he would also sign NDAA.  (Ron Paul, not surprisingly, is against NDAA.)  So on yet another issue, voters this November are presented with no real alternative.


By Tangerine Bolen
August 10, 2012 | Guardian

Saturday, July 21, 2012

Reagan budget director on U.S. 'crony capitalism' -- MUST READ!

Do you need Reagan's zombie to rise from the grave and tell us the hard truth, or is the guy who ran his fiscal policy in the 80s good enough?

DAVID STOCKMAN:  Well look, I think the financial industry, over the two or three year run up to 2010 spent something like $600 million. Just the financial industry, the banks, the Wall Street houses and some hedge funds and others. Insurance companies. $600 million in campaign contributions or lobbying.

That is so disproportionate, because the average American today is struggling to make ends meet. Probably working extra hours in order, just to keep up with the cost of living, which is being driven up unfortunately by the Fed.

They don't have time to weigh into the political equation against the daily, hourly lobbying and pressuring and, you know, influencing of the process. So it's asymmetrical. And how do we solve that?  I think we can only solve it by -- and it'll take a constitutional amendment, so I don't say this lightly.  But I think we have to eliminate all contributions above $100 and get corporations out of politics entirely.

Almost everything wrong with our politics comes back to campaign finance.  Solve that, and it will solve a thousand problems in a snap.  Then we will have a real battle of ideas in politics, not a battle of wallets.


March 9, 2012 | Moyers & Company

Back in the first Gilded Age following the Civil War, with its huge concentration of wealth at the top and abject misery at the bottom, Boies Penrose was a United States Senator from Pennsylvania bought and paid for by the railroad tycoons and oil barons.

They could count on him to deliver the goods. "I believe in the division of labor," he told his wealthy paymasters. "You send us to Congress; we pass laws under which you make money…and out of your profits you further contribute to our campaign fund to send us back again to pass more laws to enable you to make more money."

Boies Penrose would be right at home in politics today. Crony capitalism – using government to deliver favors to your pals in the business world -- is alive and well. The rest of us pay for it. We pay for it at the grocery store because of sweetheart deals in Congress for the dairy industry and sugar lobby. We pay for it at drug store because politicians rented by giant pharmaceutical firms block competition. We pay for it in lowered returns on pension plans bailed out banks speculate with taxpayer money. We pay with the loss of jobs because of trade deals bought and paid for by multinational companies. We pay in tax rates higher than those of the billionaires who fund the SuperPacs. And we pay in the loss of political equality, because one person, one vote means very little when those we elect do the bidding of donors instead of voters.

We're deep now into what will be the most expensive election in our history, much of it funded by crony capitalists. So let's hear from two people who have closely watched how cozy ties between Wall Street and Washington are perverting capitalism and subverting democracy. First, David Stockman.

In the 1970s, he was a young Republican congressman from Michigan and an early proponent of supply-side economics -- some call it trickle down.

You know the theory; if you cut taxes on the wealthy, while cutting government, the economy will take off, money trickling down and creating millions of jobs.

It was the centerpiece of Ronald Reagan's 1980 campaign for president.

RONALD REAGAN: There is enough fat in the government in Washington that if it was rendered and made into soap, it would wash the world.

BILL MOYERS: Once in the Oval Office, President Reagan made David Stockman his budget director.

DAVID STOCKMAN: When President Reagan gave me this job he pointed to that budget which is some thousands and thousands of pages long, and he said go through it from top to bottom with a fine tooth comb and unless you can find a persuasive demonstration why funds must be spent, cut those budgets.

BILL MOYERS: Stockman helped Reagan usher in the largest tax cut in U.S. history, a cut that mainly favored the rich. But things didn't go exactly as they planned them. The economy sagged, and in 1982 and '84, Reagan and Stockman agreed to tax increases.

In 1985 Stockman left government and wrote a book critical of his own years in power: The Triumph of Politics: The Inside Story of the Reagan Revolution. He then took his economic expertise to Wall Street and became an investment banker. Thirty years later, he's writing a new book, with the working title The Triumph of Crony Capitalism.

I sat down with him to talk about how politics and high finance have turned our economy into a private club for members only.

What do you mean by crony capitalism?

DAVID STOCKMAN: Crony capitalism is about the aggressive and proactive use of political resources, lobbying, campaign contributions, influence-peddling of one type or another to gain something from the governmental process that wouldn't otherwise be achievable in the market. And as the time has progressed over the last two or three decades, I think it's gotten much worse. Money dominates politics.

And as a result, we have neither capitalism or democracy. We have some kind of --

BILL MOYERS: What do we have?

DAVID STOCKMAN: We have crony capitalism, which is the worst. It's not a free market. There isn't risk taking in the sense that if you succeed, you keep your rewards, if you fail, you accept the consequences. Look what the bailout was in 2008.

There was clearly reckless, speculative behavior going on for years on Wall Street. And then when the consequence finally came, the Treasury stepped in and the Fed stepped in. Everything was bailed out and the game was restarted. And I think that was a huge mistake.

BILL MOYERS: You write, quote, "During a few weeks in September and October 2008, American political democracy was fatally corrupted by a resounding display of expediency and raw power. Henceforth, the door would be wide open for the entire legion of Washington's K Street lobbies, reinforced by the campaign libations prodigiously dispensed by their affiliated political action committees, to relentlessly plunder the public purse." That's a pretty strong indictment.

DAVID STOCKMAN: Yeah and, but on the other hand, I think you would have to say it was fair. When you look at what came out of 2008, the only thing that came out of 2008 was a stabilization of these giant Wall Street banks. Nothing came out of 2008 that really helped Main Street. Nothing came out of 2008 that addressed our fundamental problems, that we've lost a huge swath of our middle class jobs. Nothing came out of 2008 that made financial discipline or fiscal discipline possible.

It was justified as sort of expediency. We need to do this. We need to stop the contagion. But it wasn't thought through as to what the long-term implications of this would be.

BILL MOYERS: How did you see it playing out?

DAVID STOCKMAN: I think there was a lot of panic going on in the Treasury Department. I call it "The Blackberry Panic." They were all looking at their Blackberries, and could see the price of Goldman Sachs or Morgan Stanley dropping by the hour. And somehow they thought that was thermostat telling them that the economy was coming unraveled.

I don't believe that was right. I think what was going on was simply a huge correction that was overdue on Wall Street. The big leverage hedge funds on Wall Street that called themselves investment banks weren't really investment banks. They were just big trading operations using 30, 40 to one leverage. And it was that that was being corrected.

But they used the occasion of the Wall Street banking crisis to create the impression that this was the beginning of a kind of black hole the whole economy was going to drop into. I think that was wrong.

And it was that fear that led Congress to do anything they wanted. You know, the Congress gave them a blank check.

BILL MOYERS: Not at first, don't you remember, Congress first refused to approve the bailout, right?

DAVID STOCKMAN: And then, the stock market dropped 600 points because all of the speculators on Wall Street all of a sudden began to think, 'Hey, they might let capitalism work. They might let the rules of the free market function.'

BILL MOYERS: You mean by letting them fail.

DAVID STOCKMAN: Yes.

BILL MOYERS: If they let them fail?

DAVID STOCKMAN: I think if they let them fail it wouldn't have spread to the rest of the economy. There wouldn't have been another version of the Great Depression. There weren't going to be runs on the bank. We weren't going to have consumers lined up in St. Louis and Des Moines and elsewhere worried about their bank. That's why we have deposit insurance, the FDIC. But it would have been a big lesson to the speculators that you're not going to be propped up and bailed out,

You're not going to have the Fed as your friend. You're not going to have the Treasury with a lifeline. You're going to have to answer to the marketplace. And until we get that discipline back into our financial system, the banks are just going to continue to grow, continue to speculate and find new ways to make easy money at the expense of the system.

BILL MOYERS: President Bush, he was still in office then.

DAVID STOCKMAN: Yes.

BILL MOYERS: He said, I have to suspend the rules of the free market in order to save the free market.

DAVID STOCKMAN: You can't save free enterprise by suspending the rules just at the hour they're needed. The rules are needed when it comes time to take losses. Gains are easy for people to realize. They're easy for people to capture. It's the rules of the game are most necessary when the losses have to occur because mistakes have been made, errors have been made, speculation has gone too far. The history has always been -- and this is why we had Glass-Steagall and a lot of the legislation in the 1930s.

BILL MOYERS: Glass-Steagall was the provision --

DAVID STOCKMAN: The division of banks between the commercial banking and investment banking and insurance and other --

BILL MOYERS: So that you, the banker, could not take my deposits and gamble with them, right?

DAVID STOCKMAN: That's exactly right. And we need not only a reinstitution of Glass-Steagall, but even a more serious limitation on banks.  And what I mean by that is, that if we want to have a way for, you know, average Americans to save money without taking big risks and not be worried about the failure of their banking institution, then there can be some narrow banks who do nothing except take deposits, make long-term loans or short-term loans of a standard, business variety without trading anything, without getting into all of these exotic derivative instruments, without putting huge leverage on their balance sheet.

And we need to say simply, that if you're a bank and you want to have deposit insurance, which ultimately, you know, is backed up by the taxpayer -- if you're a bank and you want to have access to the so-called "discount window" of the Fed, the emergency lending, then you can't be in trading at all.

Now, on the other hand, if they want to be a hedge fund, then they've got to raise risk capital and they have to take the consequences of their risks, both to the good side and the bad side. And until we really approach that issue, and dismantle these giant, multi-trillion dollar balance sheet banks, and separate retail and deposit insured banking from just financial companies, we're going to have recurring bouts of what we had in 2008.

And they haven't even begun to address that, and it's so disappointing to see that the Obama administration, which in theory should've had more perspective on this than a Republican administration under Bush, to see that one, they appointed in the key positions the same people who brought the problem in: Geithner and Summers and all of those, and secondly, that Obama did nothing about it.

It could have easily -- they could have begun to dismantle a couple of these lame duck institutions, Citibank would have been a good place to start. But they did nothing. They passed Dodd-Frank, which said, now we're going to have everybody write regulations -- tens of thousands of pages that you know, it was a full employment act for accountants and lawyers and consultants and lobbyists. But they didn't go to the heart of the problem. If they're too big to fail, they're too big to exist. And let's start right with that proposition.

BILL MOYERS: You've described what other people have called the financialization of the American economy, the growth in the size and the power of the financial industry. What does that term mean to you, financialization? And why should we care that it's happened?

DAVID STOCKMAN: Because what it means is that a massive amount of resources are being devoted, being allocated or being channeled into pure financial speculation that has no gain to society as a whole, has no real economic contribution to the process by which GNP is created, GDP is created and growth occurs.

By 2007, 40 percent of all the profits in the American economy were coming from finance companies. 40 percent. Historically it was 15 percent.

So the financialization means that as we attracted more and more resources and capital, and we made speculation easier and easier, and we funded it with almost free overnight money, managed and manipulated by the Fed, that's how the economy got financialized. But that is a casino. Casinos -- they're, you know, places for people to go if they want to speculate and wager. But they're not part of a healthy, constructive economy.

BILL MOYERS: What do you mean by the free money that banks are using overnight?

DAVID STOCKMAN: Well, by that we mean when the Fed, the Federal Reserve sets the so-called federal funds rate at ten basis points, where it is today, that more or less guarantees banks can go into the Fed window, the discount window, and borrow at ten basis points.

And then you take that money and you buy a government bond that is yielding two percent or three percent. Or buy some corporate bonds that are yielding five percent. Or if you want to really get aggressive, buy some Australian dollars that have been going up. Or buy some cotton futures. And this is really what has been going on in our markets.

The cheap funding, which is guaranteed by the Fed, the investment of that cheap funding into speculative assets and then pocketing the spread.  And you can make huge amounts of money as long as the music doesn't stop. And when the music stops then all of a sudden, the cheap, overnight money dries up. This is what's happening in Europe today. This is what happened in 2008.

And then people are stuck with all these risky assets, and they can't fund them. They owe cash to the people they borrowed overnight from or on a weekly basis. That's what creates the so-called contagion. That's what creates the downward spiral. Now, unless we let those burn out, it'll be done over and over. In other words, if, you know, if a lesson isn't learned, then the error will be repeated over and over.

BILL MOYERS: Stockman says the modern bailout culture took off under President Bill Clinton. It was engineered with the help of Federal Reserve Chairman Alan Greenspan and top economic advisors at the Treasury, Larry Summers and Robert Rubin.

BILL CLINTON: The American people either didn't agree or didn't understand what in the world I'm up to in Mexico.

DAVID STOCKMAN: I think it started with the bailout of the banks in 1994 during the Mexican Peso Crisis.

REPORTER: For investors it was a sight for sore eyes. Mexico's stock market actually soaring instead of plummeting for the first time in weeks. All this, an immediate reaction to news of a major international aid package – nearly half of it from Washington.

DAVID STOCKMAN: That was allegedly designed to help Mexico. It was $20 billion with no approval from Congress that was used, I think inappropriately out of a Treasury fund. And why were we doing this? It's because the big banks were too exposed to some bad loans that they had written in Mexico and elsewhere.

BILL MOYERS: Wall Street banks. U.S. banks.

DAVID STOCKMAN: Wall Street banks. Wall Street banks. The banks of the day, Citibank, Bankers Trust, the others that existed at that time. And so the idea got started that Washington would be there with a prop, with a bailout, with a helping hand. And then the balls start rolling down the hill.

DAN RATHER: The Federal Reserve Bank of New York has taken highly unusual action to head off what could have been a severe blow to world economies.

BILL MOYERS: When the hedge fund Long Term Capital Management blew up in 1998, it was big news.

REPORTER: Dan, the Long Term Capital fund lost billions in the recent market turmoil and last night, stood on the brink of collapse.

DAVID STOCKMAN: Long Term Capital was an economic train wreck waiting to happen. It was leveraged 100 to one. It was in every kind of speculative investment known to man. In Russian equities, in Thailand bonds, and everything in between. And it was enabled by Wall Street.

REPORTER: An emergency meeting was organized by the Federal Reserve last night, here at its New York office. At the table, more than a dozen of Wall Street's biggest bankers and brokers including David Komansky, Chairman of Merrill Lynch, Sandy Weill of Travelers and Sandy Warner of JP Morgan. One by one the firms each agreed to kick in more than $250 million to bail out Long Term Capital before its troubles sent shockwaves through the banking system.

DAVID STOCKMAN: Why did the Fed step in, organize all the Wall Street banks, and kind of sponsor this bailout? Because all of the Wall Street banks that enabled Long Term Capital to grow to this giant size, to have 100 to one leverage, by loaning them money. So when the Treasury and the Fed stepped in and bailed out, effectively, Long Term Capital and their lenders, their enablers, it was another big sign that the rules of the game had changed and that institutions were becoming too big to fail.

Fast forward. We go through one percent interest rates at the Fed in the early 2000s, we go through the housing bubble and collapse.

BILL MOYERS: Following the 2008 economic meltdown came the mother of all bailouts.

GEORGE W. BUSH: Good morning. Secretary Paulson, Chairman Bernanke and Chairman Cox have briefed leaders on Capitol Hill on the urgent need for Congress to pass legislation approving the Federal government's purchase of illiquid assets such as troubled mortgages from banks and other financial institutions.

BILL MOYERS: The Bush administration leaped to the rescue of some of the county's largest financial institutions, to the tune of 700 billion tax-payer dollars.

DAVID STOCKMAN: We elect a new government because the public said, you know, "We're scared. We want a change." And who did we get? We got Larry Summers. We got the same guy who had been one of the original architects of the policy in the 1990s, the financialization policy, the too big to fail policy.

Who else did we get?  We got Geithner as Secretary of the Treasury.  He had been at the Fed in New York in October 2008 bailing out everybody in sight. General Electric got bailed out. Morgan Stanley, Goldman Sachs, all of the banks got bailed out, and the architect of that bailout then becomes the Secretary of the Treasury. So it's another signal to the financial markets that nothing ever changes. The cronies of capitalism are in charge of policy.

BILL MOYERS: You name names in your writing. You identify several people as the embodiment of crony capitalism. Tell me about Jeffrey Immelt.

DAVID STOCKMAN: He is the poster boy for crony capitalism. Here is GE, one of the six triple-A companies left in the United Sates, a massive, half-trillion dollar company, massive market capitalization. I'm talking about the eve of the crisis now, in September, 2008.

Suddenly, when the commercial paper market starts to destabilize and short-term rates went up. He calls up the Treasury secretary with an S.O.S., "I'm in trouble here. I need a lifeline." He had recklessly funded a lot of assets at General Electric Capital in the overnight commercial paper market. And suddenly needed a bailout from the Treasury. Within days, that bailout was granted.

And therefore, General Electric was able to avoid the consequence of its foolish lend long and borrow short policy. What they should have been required to do when the commercial paper market dried up -- that was the excuse. They should've been required to offer equity, sell stock at a highly discounted rate, dilute their shareholders, and raise the cash they needed to pay off their commercial paper.

That would've been the capitalist way. That would've been the free market way of doing things. And in the future they would've been less likely to go back into this speculative mode of borrowing short and lending long. But when we get to the point where the one triple-A, a multi-hundred billion dollar company gets to call up the secretary, issue the S.O.S. sign and get $60 billion worth of guaranteed Federal Reserve and Treasury backup lines, then we are, you know, our system has been totally transformed. It is not a free market system. It is a system run by powerful, political and corporate forces.

BARACK OBAMA: Thank you. Thank you.

BILL MOYERS: So when you saw that President Obama had appointed Jeffrey Immelt, as the head of his Council on Jobs and Competitiveness, what went through your mind?

DAVID STOCKMAN: Well, I was in the middle of being very disgusted with what my own Republican Party had done and what Bush had done and the Paulson Treasury. And then when I saw this, I got the title for my book, "The Triumph of Crony Capitalism."

BARACK OBAMA: And I am so proud and pleased that Jeff has agreed to chair this panel, my Council on Jobs and Competitiveness, because we think GE has something to teach businesses all across America.

DAVID STOCKMAN: If you have a former community organizer who was trained in the Saul Alinsky school of direct democracy, appointing the worst abuser, the worst abuser of crony capitalism, GE, who came in and begged for this bailout, to head his Jobs Council, when obviously GE's international corporation, they've been shifting jobs offshore for decades, then it becomes so obvious that we have a new kind of system, and that we have a real crisis.

BILL MOYERS: Where is the shame? Shouldn't these people have been at least a little ashamed of running the economy and the financial system into the ditch and then saying, "Come lift me out?"

DAVID STOCKMAN: Yes. You know, I think that's part of the problem. I started on Capitol Hill in 1970s. And as I can vividly recall, corporate leaders then at least were consistent. They might've complained about big government, or they might've complained about the tax system.

But there wasn't an entitlement expectation that if financial turmoil or upheaval came along, that the Treasury, or the Federal Reserve, or the FDIC or someone would be there to back them up. That would've been considered, you know, it would've been considered, as you say, shameful. And somehow, over the last 30 years, the corporate leadership of America has gotten so addicted to their stock price by the hour, by the day, by the week, that they're willing to support anything that might keep the game going and help the system in the short run avoid a hit to their stock price and to the value of their options. That's the real problem today. And as a result, there is no real political doctrine ideology left in the corporate community. They are simply pragmatists who will take anything they can find, and run with it.

BILL MOYERS: So this is what you mean, when you say free markets are not free. They've been bought and paid for by large financial institutions.

DAVID STOCKMAN: Right. I don't think it's entirely a corruption of human nature. People have always been inconsistent and greedy.

But I think it's been the evolution of the political culture in which there have been so many bailouts, there has been so much abuse and misuse of government power for private ends and private gains, that now we have an entitled class in this country that is far worse than you know, remember the welfare queens that Ronald Reagan used to talk about?

We now have an entitled class of Wall Street financiers and of corporate CEOs who believe the government is there to do what is ever necessary if it involves tax relief, tax incentives, tax cuts, loan guarantees, Federal Reserve market intervention and stabilization. Whatever it takes in order to keep the game going and their stock price moving upward. That's where they are.

BILL MOYERS: You were disaffected with the party of your youth, the Republican Party, because it has-- because it's become dogmatic on so many of these issues and no longer listens to evidence and facts. I'm disaffected with the party of my youth because that Democratic Party served the interest of the working people in this country like Ruby and Henry Moyers. And so many people feel the same way. How do we overcome this pessimism about the American future? "The Wall Street Journal" had a headline on an op-ed piece that said, "The End of American Optimism." A recent survey said only 15 percent of the people were satisfied about the direction of the American people. I mean, this is a serious situation, is it not?

DAVID STOCKMAN: I think it is. And -- but we also have to recognize the pessimism that the public reflects in the surveys and polls is warranted. In other words the public isn't being unduly pessimistic. It's not been overcome with some kind of a false wave of emotion. No. I think the American public sees very clearly the current system isn't working, that the Federal Reserve is basically working on behalf of Wall Street, not Main Street.

The Congress is owned lock, stock and barrel by one after another, after another special interest. And they logically say how can we expect, you know, anything good to come out of this kind of process that seems to be getting worse.  So how do we turn that around? I think it's going to take, unfortunately a real crisis before maybe the decks can be cleared.

BILL MOYERS: What would that look like?

DAVID STOCKMAN: It will take something even more traumatic than we had in September 2008.

BILL MOYERS: But on the basis of the record, the lessons of the past. The experience you have just recounted and are writing about. Do you see any early signs that we might turn the ship from the iceberg?

DAVID STOCKMAN: No. I think we've learned no lessons. We really have not restructured our financial system. The big banks that existed then that were too big to fail are even bigger now. The top six banks then had seven trillion of assets, now they have nine or ten trillion.

Rather than go to the fundamentals which have been totally neglected-- we've simply kind of papered over the current system and continued the game of having the Federal Reserve and the Treasury if necessary prop up all of this leverage and speculation, which isn't helping the economy.

And when we talk about zero interest rates. That's not helping Main Street. Our problem in this economy is not our interest rates are too high. The zero interest rates are just more fuel for leverage speculation for what's called the carry trade and that is causing windfall benefits to the few but it's leaving the fundamental problems of our economy in worse shape than they've ever been.

BILL MOYERS: No one I know has a better understanding of the see-saw tension in our history between democracy and capitalism.

Capitalism, you accumulate wealth and make it available. Democracy being a brake, B-R-A-K-E, on the unbridled greed of capitalists. It seems to me that democracy has lost and that capitalism is triumphant -- crony capitalism in this case.

DAVID STOCKMAN: And I think it's important to put the word crony capitalism on there. Because free-market capitalism is a different thing. True free-market capitalists never go to Washington with their hand out.  True free-market capitalists running a bank do not expect that every time they make a foolish mistake or they get themselves too leveraged or they end up with too many risky assets that don't work out, they don't expect to go to the Federal Reserve and get some cheap or free money and go on as before.

They expect consequences, maybe even failure of their firm, certainly loss of their bonuses, maybe the loss of their jobs. So we don't have free-market capitalism left in this country anymore. We have everyone believing that if they can hire the right lobbyist, raise enough political action committee money, spend enough time prowling the halls of the Senate and the House and the office buildings, arguing for their parochial narrow interest -- that that is the way that will work out. And that is crony capitalism. It's very dangerous and it seems to be becoming more embedded in our system.

BILL MOYERS: So many people say, "We've got to get money out of politics." Or as you said, "Money dominates government today."

DAVID STOCKMAN: Well look, I think the financial industry, over the two or three year run up to 2010 spent something like $600 million. Just the financial industry, the banks, the Wall Street houses and some hedge funds and others. Insurance companies. $600 million in campaign contributions or lobbying.

That is so disproportionate, because the average American today is struggling to make ends meet. Probably working extra hours in order, just to keep up with the cost of living, which is being driven up unfortunately by the Fed.

They don't have time to weigh into the political equation against the daily, hourly lobbying and pressuring and, you know, influencing of the process. So it's asymmetrical. And how do we solve that? I think we can only solve it by -- and it'll take a constitutional amendment, so I don't say this lightly.  But I think we have to eliminate all contributions above $100 and get corporations out of politics entirely.

[Hallelujah! -- J]

Ban corporations from campaign contributions or attempting to influence elections.  Now, I know that runs into current free speech. So the only way around it is a constitutional amendment to cleanse our political system on a one-time basis from this enormously corrupting influence that has built up. And I think nothing is really going to change until we get money out of politics and do some radical things to change the way elections are financed and the way the process is influenced by organized money. If we don't address that, then crony capitalism is here for the duration.

BILL MOYERS: David Stockman, thank you very much for sharing this time with us.

Wednesday, April 4, 2012

The truth about U.S. Postal Service

Hear, hear!  Our grandchildren won't forgive us if we let Republicans in Congress make the USPS go broke to achieve their radical "privatize-everything" agenda.

Hightower also could have mentioned that, even though the USPS doesn't take a dime of our tax dollars, it is still micro-managed by Republicans in Congress, who dictate, for example, the price of stamps and what services post offices may or may not provide to their customers.  Does Congress tell FedEx how much to charge its customers?  Does Congress forbid UPS from providing additional services to its clients?  Does that sound like a "free market" to you?



By Jim Hightower
March 28, 2012 | Creators Syndicate
  
What does 50 cents buy these days? Not a cuppa joe, a pack of gum or a newspaper. But you can get a steal of deal for a 50-cent piece: a first-class stamp. Plus a nickel in change.

Each day, six days a week, letter carriers traverse 4 million miles toting an average of 563 million pieces of mail, reaching the very doorsteps of our individual homes and workplaces in every single community in America. From the gated enclaves and penthouses of the uber-wealthy to the inner-city ghettos and rural colonias of America's poorest families, the U.S. Postal Service literally delivers. All for 45 cents. The USPS is an unmatched bargain, a civic treasure, a genuine public good that links all people and communities into one nation.

So, naturally, it must be destroyed.

For the past several months, the laissez-fairyland blogosphere, assorted corporate front groups, a howling pack of congressional right-wingers and a bunch of lazy mass media sources have been pounding out a steadily rising drumbeat to warn that our postal service faces impending doom. It's "broke," they exclaim; USPS "nears collapse"; it's "a full-blown financial crisis!"

These gloomsayers claim the national mail agency is bogged down with too many overpaid workers and costly brick-and-mortar facilities, so it can't keep up with the instant messaging of Internet services and such nimble corporate competitors as FedEx. Thus, say these contrivers of their own conventional wisdom, the Postal Service is unprofitable and is costing taxpayers billions of dollars a year in losses. Wrong.

Since 1971, the postal service has not taken a dime from taxpayers.  All of its operations — including the remarkable convenience of 32,000 local post offices — are paid for by peddling stamps and other products.

The privatizers squawk that USPS has gone some $13 billion in the hole during the past four years — a private corporation would go broke with that record! (Actually, private corporations tend to go to Washington rather than go broke, getting taxpayer bailouts to cover their losses.) The Postal Service is NOT broke. Indeed, in those four years of loudly deplored "losses," the service actually produced a $700 million operational profit (despite the worst economy since the Great Depression).

What's going on here? Right-wing sabotage of USPS financing, that's what. In 2006, the Bush White House and Congress whacked the post office with the Postal Accountability and Enhancement Act — an incredible piece of ugliness requiring the agency to PRE-PAY the health care benefits not only of current employees, but also of all employees who'll retire during the next 75 years.  Yes, that includes employees who're not yet born!

No other agency and no corporation has to do this. Worse, this ridiculous law demands that USPS fully fund this seven-decade burden by 2016. Imagine the shrieks of outrage if Congress tried to slap FedEx or other private firms with such an onerous requirement.

This politically motivated mandate is costing the Postal Service $5.5 billion a year — money taken right out of postage revenue that could be going to services. That's the real source of the "financial crisis" squeezing America's post offices.

In addition, due to a 40-year-old accounting error, the federal Office of Personnel Management has overcharged the post office by as much as $80 billion for payments into the Civil Service Retirement System. This means that USPS has had billions of its sales dollars erroneously diverted into the treasury. Restore the agency's access to its own postage money, and the impending "collapse" goes away.

The post office is more than a bunch of buildings — it's a community center and, for many towns, an essential part of the local identity, as well as a tangible link to the rest of the nation. As former Sen. Jennings Randolph poignantly observed, "When the local post office is closed, the flag comes down." The corporatizer crowd doesn't grasp that going after this particular government program is messing with the human connection and genuine affection that it engenders.

America's postal service is a true public service, a grassroots people's asset that has even more potential than we're presently tapping to serve the democratic ideal of the common good. Why the hell would we let an elite of small-minded profiteers, ranting ideologues and their political hirelings drop-kick this jewel through the goal posts of corporate greed? This is not a fight merely to save 32,000 post offices and the middle-class jobs they provide — but to advance the BIG IDEA of America itself, the bold, historic notion that "yes, we can" create a society in which we're all in it together.

Monday, January 16, 2012

Robert Parry: Founders couldn't have stopped Obamacare

All you "strict constitutionalists" out there better make sure you're not reading revisionist history. Robert Parry quotes the Founding Dudes and a Reagan-appointed conservative judge. It's case closed.


By Robert Parry
January 13, 2012 | Consortium News

Exclusive: Rep. Ron Paul and other right-wingers have lured many average Americans into their camp by creating a false narrative about America's Founding, claiming that the drafters of the Constitution wanted a weak central government. But that's not the real history, Robert Parry writes.

Monday, July 18, 2011

Tea Parties want 'death by 1,000 cuts' for Constitution?

The truth is that nobody is perfectly happy with the U.S. Constitution, especially those conservatives who claim to love and cherish it.

It's always been that way: the Constitution was a compromise document from the start. Just look at the Bill of Rights, and the Federalists and Anti-Federalists' debates. From its birth the document was always a bit ugly, a bit misshapen. I would argue that over time it has become more beautiful. To really love the U.S. Constitution is to love the principle of rational compromise required to preserve the union and ensure the general welfare.


The Balanced Budget Amendment would make the Framers weep.
By Doug Kendall and Dahlia Lithwick
July 15, 2011 | Slate

For a group that claims to revere the Constitution, the Tea Party appears pretty determined to deal it a death by a thousand cuts. Its latest attack involves a nasty little piece of constitutional revisionism, complete with a "How can you be against that?" title: the "Balanced Budget Amendment." Putting aside the political questions about whether such a law is wise or practical, it also crashes headlong into the very constitutional principles the Tea Party purports to cherish. Not only that: Now there comes word that Republicans will hold a vote on this amendment next week before even considering raising the debt ceiling. So as part of their misguided effort to undermine the Constitution, they also plan to hold hostage the full faith and credit of the United States of America.

First, a little context. Shortly after the November 2010 election, Public Opinion Strategies, a Republican polling firm, released a poll showing that 80 percent of Republican voters wanted America to "return to the Constitution." That was funny, since so many Tea Party candidates also demanded changes to important parts of the Constitution, supporting either outright repeal or odd mutations of the 14th, 16th, and 17th Amendments. Respectively, these amendments, among other things, guarantee citizenship to everyone born in this country; allow the progressive taxation of incomes to fund the government; and allow "the people" of each state, as opposed to its legislature, to select senators.

[I've also heard some Tea Partiers who are against the principle of universal suffrage; they pine to return to the 18th century when only those who owned property could vote. The obvious goal of this tactic is to prevent poor people from voting, ostensibly to allow the rich landowning class a free hand to abolish the welfare state and tear up the social safety net. -- This is "paleoconservatism" at its most ancient! - J]

The question is the same today as it was last fall. Which is it, Tea Partiers: Do you want to "return to the Constitution" or to some pulpy version of it you have clubbed in your own image?

Noteworthy as the earlier amend-and-repeal efforts have been, none is being pursued with the vigor devoted today to the Balanced Budget Amendment. Introduced in the Senate by Tea Party favorite Sen. Mike Lee of Utah, it requires that revenues equal expenditures each year, and that they not exceed 18 percent of the gross domestic product in any given year. Only if two-thirds of Congress agreed could these limits be exceeded, and any bill that would "levy a new tax or increase the rate of any tax" would also need approval of two-thirds of both Houses.

A balanced budget amendment sounds like a great idea—until you read a little U.S. history and count all the times America spent more in a fiscal year than it raised in taxes and why that was necessary for our very survival. Debt helped fund the War for Independence, complete the Louisiana Purchase, and preserve the Union during the Civil War. Debt not only helped us weather the Great Depression; it also gave us the tools we needed to emerge victorious from two world wars.

This new version of the Balanced Budget Amendment also includes provisions—requiring a supermajority to override its rules or to raise taxes—not included in the version of the Balanced Budget Amendment passed by the House (but rejected by the Senate) in early 1995, during the height of the Contract with America craze. These new "Crazier than Gingrich" provisions would remove huge swaths of lawmaking power from majority rule and arbitrarily limit the size of government to a level not seen since the 1960s. Under the guise of promoting fiscal responsibility, we would be creating a government that could not govern.

But beyond all these questions lies one that should give pause to every member of the Tea Party with a pocket Constitution: What would the Framers have thought of this amendment?

It's fairly certain that George Washington and the other Founders gathered in Philadelphia in 1787 would be appalled by the Lee amendment. It is not an accident that the first two enumerated powers the Constitution vests in Congress are the power "to lay and collect Taxes … to pay the Debts and provide for the common Defense and general Welfare of the United States" and "to borrow money on the credit of the United States." The Constitution's broad textual grant of power was a direct response to the Articles of Confederation, which had imposed crippling restrictions on Congress's power to borrow and tax. These restrictions plagued the Revolutionary War effort and made a deep and lasting impression on Washington and other war veterans. Lee and the other proponents of shrinking the federal government to restore freedom misapprehend that the Constitution recognized there would be no freedom without a strong federal government to promote it.

Moreover, in creating a supermajority requirement, the sponsors of the Balanced Budget Amendment do violence to another central tenet of the framer's project: The need for majority rule. The Founders made majority rule the default rule for our democratic Constitution. As Thomas Jefferson wrote, majority rule "is the natural law of every assembly of men, whose numbers are not fixed by any other law." The Constitution specifies a handful of departures from this default rule, but each exception warrants a particular justification that is consistent with the Constitution's democratic structure. Nowhere does our Constitution burden a substantive enumerated congressional power with the leaden weight of a supermajority.

Finally, in a Constitution filled with broad principles of governance, the amendment's arbitrary spending limit of 18 percent of GDP—an awkward and unworkable figure—would stick out like a sore thumb. Contrary to Chief Justice John Marshall's warning in the landmark decision of McCulloch v. Maryland (1819), Lee's arbitrary spending limit "partake[s] of the prolixity of a legal code," and would be out of place in a document that is designed to "to endure for ages to come … to be adapted to the various crises of human affairs."

We face a high duty when amending the Constitution: to match the Framers' maturity and foresight. By every measure that would have mattered to the Founders, Lee's proposed amendment easily flunks this test. Sen. Lee fancies himself a friend to the Constitution and an originalist. So why is he pushing for the ratification of an amendment that would take us back to the days before the Constitution was even ratified? The framers trusted in the wisdom of future legislators. The Balanced Budget Amendment represents a betrayal not only of our future but of our past as well.

Sunday, July 10, 2011

Reagan adviser: 5 myths about debt ceiling

Here's my favorite part: "[Republicans] made the same argument in 1982, when Ronald Reagan requested the largest peacetime tax increase in American history, and again in 1993, when Bill Clinton also asked for a large tax boost for deficit reduction. In both cases, conservative economists' predictions of economic disaster were completely wrong, and strong economic growth followed."

And for those of you who think Obama would have to slash spending automatically were the ceiling not raised, understand that it's not his prerogative to make those choices; Republicans would put him in a position where he could not avoid violating the law: either by defaulting on Treasury payments; or by slashing spending already authorized by Congress.


By Bruce Bartlett
July 7, 2011 | Washington Post

In recent months, the federal debt ceiling — last increased in February 2010 and now standing at $14.3 trillion — has become a matter of national debate and political hysteria. The ceiling must be raised by Aug. 2, Treasury says, or the government will run out of cash. Congressional Republicans counter that they won't raise the debt limit unless Democrats agree to large budget cuts with no tax increases. President Obama insists that closing tax loopholes must be part of the package. Whom and what to believe in the great debt-limit debate? Here are some misconceptions that get to the heart of the battle.

1. The debt limit is an effective way to control spending and deficits.

Not at all. In 2003, Brian Roseboro, assistant secretary of the Treasury for financial markets, explained it best: "The plain truth is that the debt limit does not affect the deficits or surpluses. The critical revenue and spending decisions are made during the congressional budget process."

The debt ceiling is a cap on the amount of securities the Treasury can issue, something it does to raise money to pay for government expenses. These expenses, and the deficit they've wrought, are a result of past actions by Congress to create entitlement programs, make appropriations and cut taxes. In that sense, raising the debt limit is about paying for past expenses, not controlling future ones. For Congress to refuse to let Treasury raise the cash to pay the bills that Congress itself has run up simply makes no sense.

Some supporters of the debt limit respond that there is virtue in forcing Congress to debate the national debt from time to time. This may have been true in the past, but the Budget Act of 1974 created a process that requires Congress to vote on aggregate levels of spending, revenue and deficits every year, thus making the debt limit redundant.

2. Opposition to raising the debt limit is a partisan issue.

Republicans are doing the squawking now because there is a Democrat in the White House. But back when there was a Republican president, Democrats did the squawking. On March 16, 2006, one Democratic senator in particular denounced George W. Bush's request to raise the debt limit. "The fact that we are here today to debate raising America's debt limit is a sign of leadership failure," the senator thundered. "Increasing America's debt weakens us domestically and internationally. . . . Washington is shifting the burden of bad choices today onto the backs of our children and grandchildren."

That senator was Barack Obama, and he, along with most Democrats, voted against a higher limit that day. It passed only because almost every Republican voted for it, including many who are now among the strongest opponents of a debt-limit increase.

3. Financial markets won't care much if interest payments are just a few days late — a "technical default."

Some Republicans believe that bondholders know they will get their money eventually and will understand that a brief default — just a few days — might be necessary to reduce future deficits. "If a bondholder misses a payment for a day or two or three or four," Rep. Paul Ryan (R-Wis.) told CNBC in May, "what is more important [is] that you're putting the government in a materially better position to be able to pay their bonds later on."

This is nothing but wishful thinking. The bond-rating agencies have repeatedly warned that any failure to pay interest or principal on a Treasury security exactly when due could cause the U.S. credit rating to be downgraded, which would push interest rates up as investors demand higher rates to compensate for the increased risk.

J.P. Morgan recently surveyed its clients and asked how much rates would rise if there was a delay in payments, even a very brief one. Domestic investors thought they would go up by 0.37 percentage points, but foreign buyers — who own close to half the publicly held debt — predicted an increase of more than half a percentage point. Any increase in this range would raise Treasury's borrowing costs by tens of billions of dollars per year.

Some may think that a rise in rates would be temporary. But there was a case back in 1979 when a combination of a failure to increase the debt limit in time and a breakdown of Treasury's machines for printing checks caused a two-week default. A 1989 academic study found that it raised interest rates by six-tenths of a percentage point for years afterward.

4. It's worth risking default on the debt to prevent a tax increase, given the weak economy.

While Republicans' concerns about higher taxes are not unreasonable, most economists believe that any fiscal contraction at this time would be dangerous. They note that a large cut in spending back in 1937 brought on a sharp recession, which undermined the recovery the country was making after the Great Depression.

Republicans respond that tax increases are especially harmful to growth. However, they made the same argument in 1982, when Ronald Reagan requested the largest peacetime tax increase in American history, and again in 1993, when Bill Clinton also asked for a large tax boost for deficit reduction. In both cases, conservative economists' predictions of economic disaster were completely wrong, and strong economic growth followed.

5. Obama must accept GOP budget demands because he needs Republican support to raise the debt limit.

Republicans believe they have the president over a barrel. But their hand may be weaker than they think. A number of legal scholars point to Section 4of the 14th Amendment, which says, "The validity of the public debt of the United States . . . shall not be questioned."

Some scholars, including Michael Abramowicz of George Washington University Law Schooland Garrett Epps of the University of Baltimore Law School, think this passage may make the debt limit unconstitutional because by definition, the limit calls into question the validity of the public debt. Thus Treasury may be able to just ignore the debt limit.

Other scholars, such as Michael McConnell of Stanford Law School, say the 14th Amendment will force Obama to prioritize debt payments and unilaterally slash spending to pay bondholders. But this would involve the violation of laws requiring government spending.

Either way, a failure to raise the debt limit would force the president to break the law. The only question is which one.

Tuesday, August 24, 2010

Strict cafeteria Constitutionalists

I suppose a real hardcore throwback to the 18th century would argue that the Framers -- all of them holy geniuses -- got it 100% right the first time, (including their, uh, package of amendments in the Bill of Rights), and all amendments since then have subverted the Framers' true intentions.

And yet, the Framers included the means in the Constitution to amend it. Why? They were such geniuses they knew they might have gotten something wrong, or at least couldn't foretell the future.


By Ben Evans
August 23, 2010 | AP

Republican Rep. Paul Broun of Georgia won his seat in Congress campaigning as a strict defender of the Constitution. He carries a copy in his pocket and is particularly fond of invoking the Second Amendment right to bear arms.

But it turns out there are parts of the document he doesn't care for — lots of them. He wants to get rid of the language about birthright citizenship, federal income taxes and direct election of senators, among others. He would add plenty of stuff, including explicitly authorizing castration as punishment for child rapists.

This hot-and-cold take on the Constitution is surprisingly common within the GOP, particularly among those like Broun who portray themselves as strict Constitutionalists and who frequently accuse Democrats of twisting the document to serve political aims.

Republicans have proposed at least 42 Constitutional amendments in the current Congress, including one that has gained favor recently to eliminate the automatic grant of citizenship to anyone born in the United States.

Democrats — who typically take a more liberal view of the Constitution as an evolving document — have proposed 27 amendments, and fully one-third of those are part of a package from a single member, Rep. Jesse Jackson Jr., D-Ill. Jackson's package encapsulates a liberal agenda in which everyone has new rights to quality housing and education, but most of the Democratic proposals deal with less ideological issues such as congressional succession in a national disaster or voting rights in U.S. territories.

The Republican proposals, by contrast, tend to be social and political statements, such as the growing movement to repeal the 14th Amendment's birthright citizenship.

Republicans like Sen. Jeff Sessions of Alabama, the lead Republican on the Senate Judiciary Committee, argue that immigrants are abusing the right to gain citizenship for their children, something he says the amendment's authors didn't intend.

Sessions, who routinely accuses Democrats of trying to subvert the Constitution and calls for respecting the document's "plain language," is taking a different approach with the 14th Amendment. "I'm not sure exactly what the drafters of the amendment had in mind," he said, "but I doubt it was that somebody could fly in from Brazil and have a child and fly back home with that child, and that child is forever an American citizen."

Other widely supported Republican amendments would prohibit government ownership of private companies, bar same-sex marriage, require a two-thirds vote in Congress to raise taxes, and — an old favorite — prohibit desecration of the American flag.

During the health care debate, Rep. Pete Hoekstra, D-Mich., introduced an amendment that would allow voters to directly repeal laws passed by Congress — a move that would radically alter the Founding Fathers' system of checks and balances.

Rep. Michele Bachmann, R-Minn., who founded a tea party caucus in Congress honoring the growing conservative movement that focuses on Constitutional governance, wants to restrict the president's ability to sign international treaties because she fears the Obama administration might replace the dollar with some sort of global currency.

Broun, who is among the most conservative members of Congress, said he sees no contradiction in his devotion to the Constitution and his desire to rewrite parts of it. He said the Founding Fathers never imagined the size and scope of today's federal government and that he's simply resurrecting their vision by trying to amend it.

"It's not picking and choosing," he said. "We need to do a lot of tweaking to make the Constitution as it was originally intended, instead of some perverse idea of what the Constitution says and does."

The problem with such a view, says constitutional law scholar Mark Kende, is that divining what the framers intended involves subjective judgments shaded with politics. Holding up the 2nd Amendment as sacrosanct, for example, while dismissing other parts of the Constitution is "cherry picking," said Kende, director of Drake University's Constitutional Law Center.

Virginia Sloan, an attorney who directs the nonpartisan Constitution Project, agreed.

"There are a lot of people who obviously don't like income taxes. That's a political position," she said of criticism of the 16th Amendment, which authorized the modern federal income tax more than a century ago. "But it's in the Constitution ... and I don't think you can go around saying something is unconstitutional just because you don't like it."

Sloan said that while some proposals to alter the Constitution have merit, most are little more than posturing by politicians trying to connect with voters.

"People are responding to the politics of the day, and that's not what the framers intended," she said. "They intended exactly the opposite — that the Constitution not be used as a political tool."

The good news, Sloan and Kende said, is that such proposals rarely go anywhere.

Since the nation's founding, just 27 have survived the arduous amendment process, and 10 of those came in the initial Bill of Rights.

Only two have come in the past 40 years, and both avoided ideology. One, ratified in 1971, lowered the voting age to 18; the other, ratified in 1992, limited Congress' ability to raise lawmakers' salaries.