Tag: Politics

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Paul Krugman: America’s Unlevel Field

Last month President Obama gave a speech invoking the spirit of Teddy Roosevelt on behalf of progressive ideals – and Republicans were not happy. Mitt Romney, in particular, insisted that where Roosevelt believed that “government should level the playing field to create equal opportunities,” Mr. Obama believes that “government should create equal outcomes,” that we should have a society where “everyone receives the same or similar rewards, regardless of education, effort and willingness to take risk.”

As many people were quick to point out, this portrait of the president as radical redistributionist was pure fiction. What hasn’t been as widely noted, however, is that Mr. Romney’s picture of himself as a believer in a level playing field is just as fictional. Where is the evidence that he or his party cares at all about equality of opportunity?

Let’s talk for a minute about the actual state of the playing field.

New York Times Editorial: Haiti’s Slow Recovery

The Interim Haiti Recovery Commission was one of Haiti’s great hopes after the earthquake, a Haitian-led international partnership that would finally summon the money, will and organizational intelligence to build the country back better than before. But if you visit the commission’s Web site today, on the eve of the second anniversary of the Jan. 12 disaster, this is what you see:

“Please kindly note that the mandate of the I.H.R.C. expired on October 21, 2011. Pending a decision of the Haitian Parliament regarding the future of the institution, a team is currently dealing with day-to-day business. The (re)submission of project proposals remains closed until further notice.”

President Michel Martelly has so far failed to get Parliament’s approval to extend the mandate.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

The Sunday Talking Heads:

Up with Chris Hayes:The site is finally listing the guests. Sunday morning’s guests are Lin-Manuel Miranda, a composer and lyricist who will perform a highly anticipated work-in-progress and panel guests: Irin Carmon is a staff writer for Salon.com, Elise Jordan is a former speechwriter for Secretary of State Condoleezza Rice, Maria Teresa Kumar is executive director of VotoLatino.org and an MSNBC contributor and Jay Smooth is the host of New York’s longest running hip-hop radio show, WBAI-FM’s “Underground Railroad”.

This Week with George Stephanopoulos: George is back with guests Obama campaign adviser David Axelrod, Obama campaign adviser David Axelrod, former Arkansas governor and Fox News contributor, Obama campaign adviser Mike Huckabee and panel guests ABC’s George Will, Republican strategist Mary Matalin, ABC News political analyst Matthew Dowd, Democratic strategist Donna Brazile and ABC News senior White House correspondent Jake Tapper

Face the Nation with Bob Schieffer: Sunday’s guests are Defense Secretary Leon Panetta, Chairman of the Joint Chiefs of Staff Gen. Martin Dempsey, Sen. John McCain (R-AZ), and GOP front runner in the New Hampshire primary, George Romney

The Chris Matthews Show: This week’s guests Andrea Mitchell, NBC News Chief Foreign Affairs Correspondent, John Heilemann, New York Magazine National Political Correspondent, Nia-Malika Henderson, The Washington Post National Political Reporter and Howard Fineman, The Huffington Post Senior Political Editor

Meet the Press with David Gregory:”Lurch” will be moderating the last GOP debate before the New Hampshire primary on Tuesday.

State of the Union with Candy Crowley:Ms. Crowley’s guests are Romney supporter John Sununu, Gingrich adviser Bob Walker and GOP presidential candidate Jon Huntsman.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

New York Times Editorial: One Bad Energy Subsidy Expires

Now that the most polarized and paralyzed Congress in memory has managed to kill one of its most resilient boondoggles – the three-decade-old, multibillion-dollar subsidy for corn ethanol – we hope it has not exhausted its resolve and will take a hatchet to other harmful energy subsidies, chiefly those it gives to fossil fuels.

The ethanol subsidy was allowed to expire last Saturday, a death blow that was all the more remarkable coming just a few days before the Republican caucuses in the cornfields of Iowa, where the subsidy has long been seen as untouchable.

The 45-cent-per-gallon tax credit for oil companies to blend ethanol into gasoline cost taxpayers $5 billion to $6 billion a year, deepening the budget deficit. It boosted corn prices and increased food prices generally by encouraging farmers to replace other crops with corn. Its environmental virtues were less than advertised. Billed as a lower-carbon replacement for fossil fuels, corn ethanol generated more carbon dioxide than gasoline after taking into account the emissions caused when new land was cleared to replace the food lost to fuel production.

Charles M. Blow: The G.O.P.’s ‘Black People’ Platform

As we’ve gotten around to casting votes to select a Republican presidential nominee, the antiblack rhetoric has taken center stage.

You just have to love (and despise) this kind of predictability. [..]

Racial politics play well for Republicans. Santorum and Paul finished second and third in Iowa. Time will tell if Gingrich rebounds. Playing to racial anxiety and fear isn’t a fluke; it’s a strategy that energizes the Republican base.

Kevin Phillips, who popularized the right’s “Southern Strategy,” was quoted in The New York Times Magazine in May 1970 as saying that “the more Negroes who register as Democrats in the South, the sooner the Negrophobe whites will quit the Democrats and become Republicans.”

“Uh huh.”

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Laurence Tribe: Games and Gimmicks in the Senate

ON Wednesday President Obama, using his power to make recess appointments, named Richard Cordray as the first director of the Consumer Financial Protection Bureau. A few hours later, he used the same power to appoint three new members to the National Labor Relations Board, acting to overcome unprecedented Senate encroachment on his duty to appoint executive officials. The president’s right to do so is clearly stated in the Constitution: the recess appointments clause empowers him to “fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

However, since the twilight years of the George W. Bush administration, the Senate has tried to nullify this power by holding “pro forma” sessions every three days, during what no one doubts would otherwise be an extended recess. In these sham sessions, manifestly serving only to circumvent the recess appointment safety valve, a lone senator gavels the Senate to order, usually for just a few minutes; senators even agree beforehand that no business will be conducted.

Paul Krugman: Bain, Barack and Jobs

America’s recovery from recession has been so slow that it mostly doesn’t seem like a recovery at all, especially on the jobs front. So, in a better world, President Obama would face a challenger offering a serious critique of his job-creation policies, and proposing a serious alternative.

Instead, he’ll almost surely face Mitt Romney.

Mr. Romney claims that Mr. Obama has been a job destroyer, while he was a job-creating businessman. For example, he told Fox News: “This is a president who lost more jobs during his tenure than any president since Hoover. This is two million jobs that he lost as president.” He went on to declare, of his time at the private equity firm Bain Capital, “I’m very happy in my former life; we helped create over 100,000 new jobs.”

But his claims about the Obama record border on dishonesty, and his claims about his own record are well across that border.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

New York Times Editorial: Talking With the Taliban

The Taliban’s announcement that they plan to open an office in Qatar and possibly begin peace negotiations deserves a close look and a full draught of skepticism.

This is the same group of militants, led by Mullah Muhammad Omar, that ruled Afghanistan with such medieval brutality, denying women access to an education or health care. It is the same group that gave sanctuary to Al Qaeda before Sept. 11, 2001, and that is still killing NATO troops and terrorizing and murdering the Afghan people. But if there is even a remote chance of a political settlement – one that does not reimpose the Taliban’s horrors – it must be explored.

Robert Sheer: Arms Dealer Obama Will Win by Default

Barack Obama will be re-elected not as a vindication of his policies but because the Republicans are incapable of providing a reasonable challenge to his flawed performance. On the central issue of our time-reining in the greed of the multinational corporations, led by the financial sector and the defense industry-a Republican presidential victor, with the possible exception of the now-sidelined Ron Paul, would do far less to challenge the kleptocracy of corporate-dominated governance.

As compared to front-runner Mitt Romney, who wants to derail even Obama’s tepid efforts at regulating Wall Street, and who seeks ever more wasteful increases in military spending, the incumbent president appears relatively enlightened, but that is cold comfort.

Back in 1912, the voters of Montana passed a law that barred corporations from direct contributions to political candidates when mining czar W.A. Clark bought himself a seat in the U.S. Senate. That law was overturned in 2010 when the US Supreme Court declared that granted corporations the same 1st Amendment rights as citizens and allowed businesses to freely spend their way into the nation’s political debates. Being single minded Westerners, the Montana Supreme Court has challenged Citizens United by upholding the state’s century old law that limits corporate contributions:

In a 5-2 opinion, the Montana court’s majority concluded that the state’s long history of well-funded natural resource extractors, small population and historically inexpensive political campaigns allow it to demonstrate compelling government interest in regulating corporate financial muscle. Even one of the justices who dissented – saying that the U.S. Supreme Court left no room for states to exempt themselves – argued forcefully against the broad corporate latitude encompassed in the Citizens United decision.

“Corporations are not persons. Human beings are persons, and it is an affront to the inviolable dignity of our species that courts have created a legal fiction which forces people – human beings – to share fundamental, natural rights with soulless creatures of government,” Justice James C. Nelson wrote in his reluctant dissent.

“Worse still, while corporations and human beings share many of the same rights under the law, they clearly are not bound equally to the same codes of good conduct, decency and morality, and they are not held equally accountable for their sins. Indeed, it is truly ironic that the death penalty and hell are reserved only to natural persons,” he wrote.

(emphasis mine)

Clearly, Citizens United is uniting people who oppose the solidification of the corporate take over of the government. In December, Sen. Bernie Sanders (I-VT) introduced a constitutional amendment, S.J.Res.33 (pdf), that would strip corporations of the same constitutional rights as persons, subject them to regulation, bar them from making campaign contributions and grant Congress the power to regulate campaign finance. There are now four different constitutional amendments to the U.S. House and Senate seeking to overturn the Citizens United ruling.

In Los Angeles, CA, the city council unanimously passed a non-binding resolution in support of such an amendment.

Then, in one of their first acts of the New Year, the New York City Council passed a resolution calling on congress pass an amendment overturning Citizens United v. Federal Election Commission. Oakland, CA; Albany, NY; Missoula, MO; Boulder, CO and South Miami, FL have all passed similar resolutions.

The Montana decision, which applies only to state elections, is important because it sets the path for the return of the issue to the US Supreme Court, while we wait to see if a constitutional amendment can be passed.

Greg Sargent at the Washington Post reports:

Obama is set to appoint Sharon Block, Terence Flynn, and Richard Grifin to the board – something unions have made a big priority for them in the new year. Senate Republicans have opposed the recess appointments to the NLRB on constitutional grounds, but unions charge that Republicans are only interested in rendering the agency inoperative.

Obama’s move, which will help energize unions in advance of the 2012 election, is yet another sign that he is determined to circumvent GOP opposition and make government functional again by any means necessary. It’s another sign that the White House and Dems have abanoned the illusion that anything can be done to secure bipartisan compromise with Republicans on the major items on Obama’s agenda.

From Think Progress:

All 47 Senate Republicans have warned Obama of a “constitutional conflict” should he choose to use his recess appointment powers – authority he is well within his right to use, as ThinkProgress’ Ian Millhiser noted yesterday – but it was Chief Justice John Roberts, a noted conservative, who said the president should make recess appointments to keep the NLRB functioning, as ThinkProgress reported in 2010.

Obama’s appointment of Block, Flynn, and Griffin is important, too, because it boosts the board’s membership to five, protecting its quorum even if member Brian Hayes follows through on his threats to quit. Preserving its right to quorum ensures that its rulings will not be thrown out on legal challenges, as more than 600 cases were by the Roberts Court in 2010.

It was announced by the White House that President Barack Obama will make a recess appointment of former Attorney General of Ohio, Richard Cordray to head the newly created Consumer Financial Protection Bureau (CFPB):

President Barack Obama installed Richard Cordray as head of the Consumer Financial Protection Bureau with a recess appointment today, testing the limits of his executive authority to fill the post without Senate approval.

Obama nominated Cordray to be the bureau’s first director in July, almost one year after enactment of the Dodd-Frank financial regulatory law creating the agency. Republicans blocked Cordray’s confirmation by the Senate last month. Putting him in the job today may set up an election-year court fight between the White House and Congress.

Even thought the Senate has been under Democratic control since 2006 when the tactic of pro forma session was first employed to keep President George W. Bush from making recess appointments to the bench, there have been questions by legal scholars about the constitutionality about their use. It has since been used to placate the Republicans in hopes of winning their cooperation, obviously to no avail.

Senate Majority Leader Mitch McConnell (R-KY) called President Obama move “arrogant”, saying that “Breaking from this precedent lands this appointee in uncertain legal territory, threatens the confirmation process and fundamentally endangers the Congress’s role in providing a check on the excesses of the executive branch.”

House Speaker John Boehner had a similar reaction calling the appointment an “extraordinary and entirely unprecedented power grab” by the president.

The legal precedent for these sessions is on very shaky ground. In a 1993 court case involving the Postal Service Board of Governors, Justice Department lawyers argued in court papers that presidents can make recess appointments when the Senate is out of session for more than three days.

The brief suggested that a president might lack that authority during shorter breaks. Pointing to the constitutional requirement that the Senate and House get one another’s consent before adjourning for more than three days, the Justice Department said the constitutional framers might not have considered shorter recesses to be significant.

“If the recess here were of three days or less, a closer question would be presented,” the Justice Department argued.

However, lawyers who advised President George W. Bush on recess appointments wrote that the Senate “cannot use sham ‘pro forma’ sessions to prevent the president from exercising a constitutional power.”

David Dayen at FDL points out the Constitutional argument that there is no time requirement in the Constitution for Congress to be in recess before the president can make recess appointments:

As for the judicial question on whether pro forma sessions count as keeping Congress in session, the 11th Circuit Court of Appeals ruled back in 2007 that “The Constitution, on its face, does not establish a minimum time that an authorized break in the Senate must last to give legal force to the President’s appointment power under the Recess Appointments Clause.” On the other side of this, Solicitor General Neal Katyal, in a 2010 case, argued that the Administration recognized that a 3-day recess was “too small,” in their understanding, to make appointments.

While the Republicans will very likely mount a court challenge, claiming past precedent, it may well fail since the president has the power to make recess appointments under Article II, Section 2 of the Constitution which states, “the President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” It can be argued that Congress is in recess when they gavel out at the end of each day or whenever there is no quorum, which goes to the constitutional argument about pro forma sessions.

The other issue is why didn’t he appoint Elizabeth Warren who is eminently more qualified than Cordray to head the CFPB? It is most likely because of objections from Treasury Secretary Timothy Geithner’s objections and her memo to the the state attorney general’s who are negotiating a settlement with the big banks over mortgage fraud.

Make no mistake, Obama is doing this now for purely political motivations. It emphases Republican obstructionism and as a ploy to win back the disenfranchised left wing of the Democratic Party, as well as, the Independent voters who believed in all his “hopey, changey” campaign rhetoric.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

Katrina vanden Heuvel: Voting Rights, Super PACs and the Media Cloud the Election

Does Iowa matter? Maybe, maybe not. From the round-the-clock polling analysis, detailed delegate projections, and tweeting and retweeting, you’d think the political press corps was readying for the first leg of the Triple Crown. My advice for Tuesday and in the weeks to come: Don’t let the giddiness of the coverage distract from what will matter far more than whether Michele Bachmann beats Rick Perry for the fifth-place slot.

Instead, pay attention to three issues that could affect the outcome of the election, even though they have nothing to do with the campaigns themselves:

First, a surge in voting restrictions [..]

Second, the rise of super PAC spending [..]

Third, the media’s obsession with false equivalence: How the election is covered will almost certainly have a measurable impact on its outcome.

Dean Baker: Climate Change – Our Real Bequest to Future Generations

Deficit hawks try to scare us about the debt we’re leaving. That’s economic nonsense – unlike the costs of global warming

It is remarkable how efforts to reduce the government deficit/debt are often portrayed as a generational issue, while efforts to reduce global warming are almost never framed in this way. This contrast is striking because the issues involved in reducing the deficit or debt have little direct relevance to distribution between generations, whereas global warming is almost entirely a question of distribution between generations.

Seeing the debt as an issue between generations is wrong in almost every dimension. The idea that future generations will somehow be stuck with some huge tab in the form of the national debt suffers from the simple logical problem that we are all going to die. At some point, everyone who owns the debt being issued today, or over the next two decades, will be dead. They will have to pass the ownership of the debt to someone else – in other words, their children or grandchildren. This means that the debt is not money that our children and grandchildren will be paying to someone else. It is money that they will be paying to themselves.

The pro forma congressional session that are being used to prevent President Obama from making recess appointments has been much discussed here and at other sites like FireDogLake and Talking Points Memo. It has also been argued by Constitutional scholars that they are little more “than a game of separation-of-powers chicken”. They have been used to keep the president from filling vacancies in the courts and in his administration that are vital to the operation of the government. These sessions and the president’s reluctance to challenge their constitutional legality has kept Elizabeth Warren from being appointed to head the new Consumer Financial Protection Bureau and a Nobel winning economist, Richard Diamond from a seat on the Federal Reserve.

Once a the president missed an opportunity to put an end to Republican obstruction and make important appointments, like Richard Cordray to the CFPB and the vacancies on the National Labor Relations Board. President Obama has a number of options available under the Constitution to bypass congress and make these appointments, as  David Dayen at FDL News Deskpoint out:

During the recess, the President has a number of opportunities to make recess appointments. He could simply determine that the pro forma sessions being used to keep Congress active were insufficient to prevent recess appointments. He could use his Constitutional power to adjourn Congress. But both of those would fly in the face of recent precedent (Presidents have generally respected the pro forma process, and no President has actually used the adjournment power.)

The one option with Presidential precedent behind it was the “Roosevelt precedent.” Congress simply has to adjourn for a short period, a split second really, to shift from the first session of the 112th Congress to the second session. In that window, Theodore Roosevelt made hundreds of recess appointments previously.

Victor Williams, Assistant Professor at the Catholic University of America School of Law and an attorney, writing in the Huffington Post last week urged Obama to put an end to the “myth” that an official congressional recess lasts three days or more and the Republicans’ de facto “nullification” of government:

As the 112th Senate left for its break, Minority Leader Mitch McConnell unsuccessfully attempted to wrangle a recess concession from Obama. McConnell demanded that Obama promise not to sign any recess commissions during the holidays. McConnell blocked a confirmation vote for 50 officials when Obama ignored the Article II, Section 2 shake down.

Adding insult to constitutional injury, congressional Republicans again manipulated the Senate into scheduling 10 pro-forma sessions — intending to interfere with Obama’s recess appointment authority. (As I argued in recent Jurist commentary, in prior posts, and a National Law Journal opinion, the sessions do not prevent the Executive from signing recess commissions.)

Prof. Williams goes on, laying out all the president’s options urging him that the better option would be to invoke Article II, Section 2 which states, “the President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session,” after the start of the new session of the 112th Congress which began today at 12:01 PM EST:

Recess commissions signed before the end of the 112th Senate’s first session — Jan. 3, 2012 at 12 p.m. — last through 2012. However, recess commissions better-timed to be signed instantly at noon (or anytime after the second session formally begins) last through 2013. The officials could then be re-recess appointed during Obama’s second term.

In a time and place of his choosing, Barack Obama should use the Article II, Section 2 recess appointment alternative. President Obama should concurrently renounce the three day recess myth underlying Senate pro forma sessions announcing a simple test: If the Senate is not sitting as a deliberative body able to provide timely confirmation consent, the Executive may fill any vacant federal office.

But according to Brian Buetler at TPM, legal experts believe that today was the last opportunity for Obama to use the “Roosevelt precedent”:

Today was the day that legal experts and many aides in both parties thought President Obama would provide a recess appointment to Richard Cordray, his nominee to administer the new Consumer Financial Protection Bureau […]

But a senior administration official who would not be quoted told reporters at a White House background briefing Tuesday that Obama will not take advantage of that opening.

The official declined to provide further explanation, but the decision implies one of three things: that Obama does not believe he’s encumbered by technical restrictions on his power to recess appoint nominees and can still act between now and late January when Senators return to town; that he will instead wait until a future recess when feels he has more running room and political capital to recess appoint Cordray and others; or that he has no intention of challenging Congressional Republicans by making further recess appointments between now and the end of this Congress.

So by not taking advantage of the ‘Roosevelt precedent”, will Obama go where no president has gone before and invoke Article II, Section 2? Or will he continue on the more predictable path of allowing the minority in the Senate to obstruct his agenda?

I’m opting for the latter. Fool me, Barry.