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A moment’s silence for the Constitution

September 17, 1787 to July 9, 2008.

McCain more like Bush than we thought

McCain has been in Congress for about three decades. You would think in all that time he would have learned a little something about Social Security. Apparently not.

According to McCain it’s a disgrace that Social Security is a pay as you go system. Here he is talking about it:

[youtube]http://www.youtube.com/watch?v=ugN8Rn5baqM[/youtube]

Now, you would think from listening to him that somehow the fact that current beneficiaries are paid from current receipts is a development of recent vintage. In fact, it’s a basic principle of the system. It was designed to function that way. So McCain is saying one of two things. The first is that he wants to put an end to Social Security. The alternative is that he is so uninformed that he doesn’t even have a basic understanding of how the system works. Personally, I vote for the latter. His reference to the Reagan era overhaul tends to prove that, since that legislation, of which he apparently improves, did nothing to change the basic system, and it remains the basic legislation by which the system is funded.

The reality is that McCain’s ignorance about this issue is of a piece with his basic ignorance about just about everything else. This is the guy who can’t tell a Sunni from a Shiite, though he is supposed to be an expert on security issues.

McCain’s fact free approach to his “straight talk” will, of course, be ignored by the media.

It is worth remembering, however, that McCain’s statement is not entirely correct. Today’s workers are not only paying the benefits for today’s retirees. They are also buying government bonds to pay a portion of their own benefits when demographic realities will make it too difficult for working people to carry the full load (this is the Reagan compromise that McCain lauds). Bush and Congress have taken that borrowed money and squandered it, and the Republicans, apparently including McCain, don’t want to pay it back. One way to achieve that purpose is to get young people to ask planted questions like that posed by the lady in the video. The idea is to drive a wedge between the generations.

A Man of Principle

There aren’t many in the U.S. Senate, but there’s at least one in North Carolina:

L.F. Eason III gave up the only job he’d ever had rather than lower a flag to honor former U.S. Sen. Jesse Helms.

Eason, a 29-year veteran of the state Department of Agriculture, instructed his staff at a small Raleigh lab not to fly the U.S. or North Carolina flags at half-staff Monday, as called for in a directive to all state agencies by Gov. Mike Easley.

When a superior ordered the lab to follow the directive, Eason decided to retire rather than pay tribute to Helms

Charter Commission almost finished

I’ve avoided writing anything substantive about the Groton Charter Revision Commission, on which I’ve been serving for over a year, though I’ve mentioned the meetings in passing. I haven’t discussed it primarily because I think I would have been less effective as an advocate on the Commission if I had discussed our deliberations in this forum.

Now we’re finished, however, or nearly so. There will be a public hearing at 7:00 PM on Monday the 14th at the Town Hall Annex. If you’re a Groton resident consider attending.

The town of Groton website has information you can download, but I’m attaching the basic information to this post. I’ve attached a copy of the current charter, a copy of the proposed charter, a document prepared by Mick O’Beirne, the chairman, which lists the major substantive changes to the charter, and another document Mick just prepared consisting of a table that shows where various provisions from the old charter appear in the new charter.

We didn’t make any radical changes. For the most part we tried to modernize the Charter to bring it into line with current practice and current law. There are a number of anachronisms in the current charter. For instance, the town is required by the Charter to have a Fire Marshall. In fact, each of the Fire Districts has its own Fire Marshall, and there is no Town Fire Marshall. So we got rid of that requirement. The current charter has a very long list that grants various powers to the town. We have removed that and simply stated that the town has all the powers it can exercise pursuant to state law, etc.

There are only two proposed changes with which I’m not comfortable. The current charter provides that if neither the Town Council or the RTM passes a budget, then the town manager’s proposed budget is deemed adopted. We changed that to provide that, in such a case, the new budget would be identical to the old budget. I thought that was a bad idea because it seems unlikely this would happen except in a very difficult budgetary climate, and it seems unlikely that it would be responsible under those circumstances to go with a budget that is almost surely not going to be appropriate. Also, it’s not clear whether the specific line items would carry over from the previous budget, or only the bottom line figure.

The other problem I had was how we dealt with the library board. We deleted references to all boards and commissions in the charter. For the most part, that makes sense, because it leaves the Town Council free to create and abolish these entities (except those required by state law) without the necessity of a Charter Revision. At the moment we have commissions or boards required by the charter that have not functioned for decades. But I think the library board is a bit different, and I’m sorry we simply deleted all reference to it. The state statutes, and the current charter, envision a library board that manages its own budget and is largely independent of political interference. As a matter of fact, our library board has not functioned that way, because it has ceded its authority to the library director. That’s too bad, because a politically insulated library board could, in book burning times, serve as a bulwark against censorship more easily than a library board director who is ultimately answerable to the town council. I have a dim recollection of someone trying to ban a book at the library, and getting nowhere. We should maximize the chances that we will always have such an outcome.

But I can live with both of these changes. On balance, I think the proposed charter is a much needed modernization.

One thing we didn’t do was add a referendum to the budget process. Whether the charter is adopted or not, this will be our major gift to the town. This subject needs a post of its own, which I’ll probably write one of these days. I think it’s fair to say that, had we taken a vote at our first meeting, we would have voted to have one. The more any fair minded person looks at the structure of our town government, the more they realize that, even if a budget referendum were a good idea in the abstract, it doesn’t fit within our scheme of government. As time went on, and we discussed various proposals, the idea lost support, and when the time to vote came, the referendum garnered only two votes.

We are a disparate group, but we worked together well. This was my second commission. The first I was on literally dissolved around me, as a number of people quit due to their hostile feelings toward other commission members. (Mainly me, actually. And that’s yet another story) There was often disagreement on this commission, but it was always civil. I don’t think anyone ever came close to losing their temper and I think the quality of the debate was usually quite high.

We apparently finished just in time to get the measure on the November ballot, should all things go well from here. After the public hearing we will make whatever changes we feel appropriate based on the public comments. Then the council will make suggestions, and we will respond to those suggestions. After that, the council votes to accept or reject the proposed charter. If they vote to accept, it goes to a vote in November.

Click any link below to access a PDF of the described document.

Proposed Groton Charter

Current Groton Charter

Major changes in proposed Charter

Table of Cross References

Hagee running interference for Lieberman?

Via Think Progress we learn that John Hagee’s lawyers have demanded that youtube remove almost 120 videos featuring John McCain and Joe Lieberman’s favorite bigot.

The lawyers are claiming copyright infringement, but in fact they appear to be exploiting a loophole in youtube’s policies in order to dampen viewership about Hagee as we approach the Christian’s United for Israel annual “summit” that will feature the shame of Connecticut, Joe Lieberman.

Late last week, with no prior notification, lawyers for the controversial evangelist John Hagee had a series of videos concerning the pastor removed from YouTube. The clips spanned from the contentious to the mundane; some included footage lifted from sermons Hagee had already made public, others involved documentaries made by filmmakers inside Hagee’s conventions. All told more than 120 videos were taken down in the abrupt sweep.

Videos that were taken down include some filmed by independent film makers like Max Blumenthal (clearly not covered by any copyright controlled by Hagee) and some which make fair use of copyrighted material. But apparently youtube’s policies can be exploited by someone like Hagee to force a two week shutdown of any material they care to designate:

There is little Blumenthal, Wilson, People for the American Way or others whose videos were swiped can do in the meantime. A first amendment lawyer with knowledge of copyright law noted that the pastor’s lawyers can have YouTube take down relevant videos regardless of how little Hagee footage they include or how long they have been online. Indeed, YouTube’s policy is to remove any video that a third-party claims is a copyright infringement, even if it seems to clearly be “fair use.”

After a period of time — likely, more than two weeks — users can repost their clips and that third-party must then prove that the video violates copyright law. By then, however, Hagee’s Christian’s United for Israel, Washington-Israel Summit will likely have commenced.

There is probably a good reason for this policy, but it’s also clear that Hagee is exploiting it. In the process, Lieberman gets some protection. Prose can be powerful stuff, but as (former) Senator Allen can tell you, video packs a more powerful punch.

Fuzzy math, squared

John McCain has released his economic plan. Among other things, he promises to balance the budget by winning the wars in Iraq and Afghanistan and using the savings to pay down the deficit. No doubt the media will have tremendous difficulty seeing this fantasy for what it is. According to the McCain campaign:

“The McCain administration would reserve all savings from victory in the Iraq and Afghanistan operations in the fight against Islamic extremists for reducing the deficit. Since all their costs were financed with deficit spending, all their savings must go to deficit reduction.”

As a diarist at Kos points out, this statement is even stupider than it appears at first blush. She notes: “just because I stop charging on my credit card doesn’t mean I’m suddenly making income to pay off the debt I’ve run up, does it?”. Indeed it doesn’t.

If Obama said something one tenth this stupid we’d never hear the end of it. Here’s a non-risky prediction. It will never occur to the press to point out how ridiculous this is. As Paul Krugman has pointed out a number of times, during the 2000 campaign George Bush made demonstrably false statements about his economic plans, but the press couldn’t be bothered to check out the facts. Instead they pilloried Al Gore as a liar. Were that election rerun today, after everyone else recognizes Bush for the liar he is, they would do the same thing. This year we will have more of that type of coverage, made even more frustrating as we hear the term “straight talker” liberally utilized in describing McCain.

Book report

I marked a birthday recently (too old to celebrate) and my son gave me a copy of Takeover, The Return of the Imperial Presidency and the Subversion of American Democracy, by Charlie Savage. I just finished reading it.

I found this book to be a bit of a tough slog. It’s a little bit like being hit over the head by a baseball bat over and over. You really have to take a break every once in a while. Savage documents the Cheney (for it truly is Cheney’s administration, as Savage documents it) plan to subvert the constitution and install an elected dictatorship.

There’s nothing in this book that anyone addicted to the blogs has not read about before. It’s just that it comes at you in concentrated doses, alternately inducing rage and nausea. It’s a bit like Bush’s greatest Hits:

The Unitary Presidency

Torture

Subversion of independent agencies

Subversion of the civil service system

Faith based intelligence reports

Signing statements that declared, in effect, that Bush would not comply with provisions of the law of which he did not approve.

Suspension of habeas corpus

Secret legal opinions authorizing clearly illegal actions

Widespread wiretapping without warrants

Up-front announcements that the president is above the law, to which a supine Congress acquiesced.

Have I missed anything? Absolutely. Read the book.

The constitution depends on a lot of things to function. The founders expected that each of the three branches would be jealous if its constitutional function and resist any attempts by the other branches to transgress. The constitutional system also assumes that the various actors would, despite their tendency to push the envelope to enlarge their own power, acknowledge some limits on their own actions. Cheney and his minions acknowledged no limits, and the Republicans who controlled Congress were fixated on maintaining Republican hegemony to the exclusion of maintaining Congressional power. Moreover, the judiciary had, by Reagan and the first Bush, and more enthusiastically by this Bush, been salted with judges who advocated an expansive view of presidential power.

Savage does an excellent job of telling the entire story. As he points out, once a constitutional principle has been abandoned, it’s hard to recover it. It will be far more difficult for Congress to recover its constitutional prerogatives, than it would have been to protect them in the first place. One can’t read this book without coming to the conclusion that Congress’ failure to impeach Bush may well have spelled the end to the American Republic.

The only hope we have to recover, it seems to me, is if Obama is elected president. I don’t say that because I think Obama will restrain himself from Bush-like excess, though he may to a certain extent. I say it because, in the short run, only the courts can stop the presidential march toward absolute power. This will never happen while a Republican is in the White House. But it’s clear that the “unitary executive” theory is one adopted by conservatives to justify near dictatorial actions by one of their own. Savage points out, for instance that John Yoo, unitary executive proponent par excellence, felt differently when it was Bill Clinton who was doing the stretching. (page 67 in Savage’s book). My own reading is that these people are not process oriented, though they claim to be. They are results oriented. Presidential power should be enhanced, so long as it is exercised by a Republican. I am certain beyond a reasonable doubt that the unitary executive theory will die a quick death once these judges are faced with a Democratic president who uses even a mild version of the Bush tactics to advance his agenda. We can expect the Republican courts to put the brakes on Obama, should he be elected, at every turn. Despite the frustration that this may cause to progressives, it will be a good thing if those precedents remain in place to frustrate the next George Bush. But unless Obama can salt the judiciary, and especially the Supreme Court, with responsible jurists, that won’t happen. The judicial opinions that rein in Obama might as well end with “This opinion is only operative while a Democrat is President”, because if and when the Republicans return to power, the courts will again back off. That is one of the truly pernicious aspects of this “legal” theory. It is an unstated tenet of those that push it that it applies only when a Republican is president. Thus we will alternate between near dictatorial Republican presidents, propped up by both the courts and the corporate press, and weakened Democrats, who will face resistance from both those quarters.

Consider, for instance, the career arc of Judge John Bates, who made a living in the nineties litigating against Bill Clinton, who has now, since being put on the bench by George W. Bush, run interference against any and all attempts to call a judicial halt to the Bush-Cheney crime spree. He was, by the way, appointed to the FISA court by Republican president loving chief Justice John Roberts. Shortly after that appointment one of the FISA judges (don’t you wonder who) ruled that Bush could continue his illegal domestic spying program. There is no reason to believe that Bates would be similarly deferential to a President Obama. The same can be said for Alito, Roberts, and the rest of the unitary executive gang. They will suddenly discover the limits of presidential power should Obama be elected, as will the press, which has, with honorable exceptions like Savage, found nothing to complain about in Bush’s outrageous power grabs.

The Bush Farewell Tour

Bush Tours America To Survey Damage Caused By His Disastrous Presidency

Flower blogging

Totally slowed down for the holiday weekend. I spent a good part of the day watching the groundhog, chipmunks, and squirrels run wild over our yard. The Hav-a-hart is on the way for the groundhog, which has grown sleek and fat eating the fruits of my wife’s garden. At this point it considers us of only passing interest; it has long since consigned us to the “no threat” category, as it grazes at will, in broad daylight, on what passes for a lawn in the area by our barn. The chipmunks have experienced a population explosion since the last of our cats left this vale of tears. It’s odd how these little rodents don’t evoke the same feelings of revulsion as do their rat and mice cousins. The little guys scurry across the patio while we’re sitting on it, so while they retain a little respect for us (since they do scurry), it is rapidly fading. They too are growing sleek and fat, in their case from the seeds that drop from the bird feeder. It’s all endlessly amusing. However, the circle is rapidly closing around us. If we let this go on we’ll have hordes of them invading the basement in the winter.

All of which has nothing to do with this picture of a day lily, which is really all I have to offer.

Second thoughts from a founding father