Obama's First Ten Days - Progressive Agenda

Those interested in progressive governance* are happy (mostly) with the Obama administration's promising start.

Here are some highlights from the first ten days:

Tuesday, Jan. 20 (Day One) - comments from inaugural:
-President Obama's appeals to reason & progressive government: "We will restore science to its rightful place, and wield technology's wonders to raise healthcare's quality and lower its cost. We will harness the sun and the winds and the soil to fuel our cars and run our factories, and we will transform our schools and colleges and universities to meet the demands of a new age." These comments cause “a lot of happy faces … in the science world,” says Frank Press, former president of the National Academy of Sciences. "It’s not just getting money. It’s his recognition of what science can do to bring this country back in an innovative way.”

-appeals to the other nations:: "To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict or blame their society's ills on the West, know that your people will judge you on what you can build, not what you destroy." And, "To those who cling to power through corruption and deceit, and the silencing of dissent, know that you are on the wrong side of history. But that we will extend a hand, if you are willing to unclench your fist." Also, "To all the other peoples and governments that are watching today, from the grandest capitals to the small village where my father was born: know that America is the friend of each nation and of every man, woman and child who seeks a future of peace and dignity. And we are ready to lead once more."

Wednesday, Jan. 21 (Day Two) –
-Government Transparency & Ethics: President imposes new rules on government transparency and ethics (mandating new limits on lobbyists and requiring that government disclose more information), commenting that “[t]ransparency and rule of law will be the touchstones of this presidency.”

-Ethics in Government: institutes rules to end the unseemly revolving-door between government and private business/lobbying. “For as long as I am president,” he says, officials from his administration will be barred from lobbying their former colleagues; and former lobbyists entering the administration are required to sign a pledge promising to recuse themselves from dealing with matters they had worked with in the private sector.

-War in Iraq: meets with senior civilian and uniformed officials to instruct them to start making plans to end the war in Iraq.

Friday, Jan. 23 (Day Four) –
-Economic Stimulus Plan: President meets with leaders of both parties in Congress to advocate quick passage of an $825 billion economic recovery package, pledging that three-fourths of the combined spending and tax cuts would be used within eighteen months (and $250 billion in aid to states to help them continue to provide education and health care services during this difficult economy);

-Abortion Aid: signs executive order repealing rules enacted during the Bush/Cheney regime restricting federal money for international organizations that offer counsel on contraception or promote or provide abortions overseas (even if with their own money only). “For the past eight years,” the President comments, “[these rules] have undermined efforts to promote safe and effective voluntary family planning in developing countries.... For these reasons, it is right for us to rescind this policy and restore critical efforts to protect and empower women and promote global economic development.” This is good news for both pro- and (perhaps ironically) anti-abortion groups alike. As Steven W. Sindling, past director-general of the International Planned Parenthood Federation and population adviser to the World Bank stated, “This will help many of the most effective providers of family planning services to enable women to avoid unwanted pregnancies.”

-Stem-cell Research: The President does not, however, move to lift President Bush’s restrictions on federal financing of embryonic stem-cell research, even though he has stated in the past that he supports such research. Congress will likely soon address, and is likely to pass, such a reversal; if it does not, the progressive can hope that President Obama will himself issue an executive order to that effect.

-Tightening the Financial Regulatory System: announces plans, through Treasury Dep’t nominee Timothy Geithner , economic team member Paul A. Volcker and others, to impose stricter federal rules for on financial markets and its participants.

Saturday, Jan. 24 (Day Five)
-Economic Stimulus Plan: President lays out details of the proposed $825 billion stimulus package in his first weekly video address: “This is not just a short-term program to boost employment. It’s one that will invest in our most important priorities like energy and education, health care and a new infrastructure tha are necessary to keep us strong and competitive in the 21st century.” As reported in the New York Times, according to a White House report providing additional details, the plan would:

• double the generating capacity of renewable energy over three years, enough to power six million American homes;
• retrofit two million homes and 75 percent of all federal buildings to better protect against the weather, saving low-income homeowners an average of $350 a year in utility costs and saving the government $2 billion a year;
• use loan guarantees and other financial support to leverage $100 billion in private sector investment in clean energy projects over three years. The plan would lay 3,000 miles of new or upgraded transmission wires for a new electric grid;
• help 8.5 million Americans keep health care coverage by providing workers who lose insurance with tax credits to pay for continuing coverage under the “Cobra” federal law, and by expanding Medicaid coverage for low-income Americans who lack access to Cobra;
• modernize 10,000 schools, improve security at 90 ports and build 1,300 waste-water projects;
• bolster Pell Grants to help seven million students, and offer a new tax credit for four million college students;
• increase food stamp benefits for 30 million Americans;
• increase Social Security benefits by $450 for 7.5 million disabled and elderly Americans.

Monday, Jan. 26 (Day Seven)
-Environment - Clean Air: President directs the Environmental Protection Agency to move swiftly on the applications of California and 13 other states to set strict automobile emission and fuel efficiency standards. This "progressive federalism" marks a sharp reversal from the Bush administration practice, which has been dragging its feet for years on this issue.

In addition, he directs federal departments and agencies to find new ways to save energy and be more environmentally friendly.

Tuesday, Jan. 27 (Day Eight)
-Foreign Affairs: In an interview on a major Arabic-language channel (Al Arabiya) based in Dubai, President Obama says he wants to convince Muslims that "the Americans are not your enemy," and comments that it is important to be willing to talk to the Iranians to see "where there are potential avenues for progress." Moreover, he expresses the view that the time is appropriate for negotiations between Israelis and Palestinians: "Israel will not stop being a strong ally of the United State, and I will continue to believe that Israel's security is paramount. But I also believe that there are Israelis who recognize that it is important to achieve peace. they will be willing to make sacrifices if the time is appropriate and if there is serious partnership on the other side."

-Employee Rights: Congress gives final approval to legislation, sure to be signed by the President, providing women, blacks and Hispanics with new power to bring pay discrimination claims against employers under the Civil Rights Act of 1964. The law addresses the Supreme Court's holding two years ago against Lilly Ledbetter in her claim against Goodyear Corporation for pay discrimination, on grounds that she should have filed suit within 180 days of the company's initial decision to pay her less than men (even though she only learned of the decision herself years later).

-Stimulus Plan: The President makes an unusual appearance on Capitol Hill and visits with House Republicans to try to win support for the Stimulus Package.

Wednesday, Jan. 29 (Day Nine)
- House passes $819 billion Stimulus Package 244-188 (no Republicans vote for it). Signaling his approval, the President comments, "What we can't do is drag our feet or allow the same partisan differences to get in our way. We must move swiftly and boldly to put Americans back to work, and that is exactly what this plan begins to do." Republicans such as Eric Cantor of Virginia, however, call the package "a spending bill beyond anyone's imagination."

-The President visits the Pentagon for the first time to discuss plans for withdrawing American troops from Iraq, expressing concern about the "enormous pressure on our military to carry out a whole set of missions," and promising to use other powers at America's disposal "to make sure that [the military] is not carrying the full load."

-Thursday, Jan. 30 (Day Ten)
-President publicly criticizes Wall Street bankers who awarded themselves $18 billion in bonuses even after being bailed out by federal money. "That is the height of irresponsibility," he says. "It is shameful. And part of what we're going to need is for the folks on Wall Street who are asking for help to show some restraint and show some discipline and show some sense of responsibility."

In short, a pretty good first week-and-a-half for the progressively inclined. Bob Herbert put it well in his Jan.24 NYTimes column: “[I]t’s called leadership. Mr. Obama has been feeding the almost desperate hunger in this country for mature leadership, for someone who is not reckless and clownish, shortsighted and self-absorbed. However you feel about his policies, and there are people grumbling on the right and on the left, Mr. Obama has signaled loudly and clearly that the era of irresponsible behavior in public office is over.”


*Constitutionally speaking, whereas the "liberty" in the "progressive liberty" concept is mandatory (i.e., government has no right to abridge inviolable individual freedom), the "progressive" part is discretionary (i.e., whether government is "progressive" or "conservative" or anything else is a political matter for the elected branches to work out among themselves).

Obama's First Seven Days - Constitutional Freedom Restored

In purely constitutional terms, President Barack Obama's first days in office have been triumphant.

Leaving aside for the moment talk of stimulus plans, tax rates, etc. (all of which are discretionary political matters to be hashed out among the executive and legislature), on the separate matter of mandatory constitutional requirements - ie, those inviolable freedoms beyond the reach of the political process - Obama has acted swiftly and decisively to restore proper respect for core values eviscerated during the Bush/Cheney years.

Virtually daily during the President's days on the job we have seen important restorations of constitutional principle, both in word and action. Here's what happened in just the first three days alone:

Day One (Jan. 20, 2009 (Tuesday)):
-Rule of Law and Rights of Man: Before a worldwide audience during his Inaugural Address, new President Obama emphasizes, "we reject as false the choice between our safety and our ideals. Our founding fathers, faced with perils that we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man; a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expedience sake." -American Power: He adds, "Earlier generations ... understood that our power alone cannot protect us, nor does it entitle us to do what we please. Instead they knew that our power grows through its prudent use. Our security emanates from the justness of our cause, the force of our example, the tempering quality of our humility and restraint. We are the keepers of this legacy."

-Suspends Gitmo proceedings: Late Tuesday night, the new administration orders an immediate halt to the military commission proceedings for trying detainees at Guantanamo Bay, to allow the administration time to assess detention policy, leading ACLU executive president Anthony Romero to comment that the move "reaffirm[s] American values and are a ray of light after eight long, dark years."

Day Two (Jan. 21, 2009 (Wednesday))
-Openness in Government: In recognition of the Constitution's core structural principle that government serves at the pleasure of the people, President Obama's very first executive orders reverse the Bush administration policy of resisting providing information. "Starting today," he says, "every agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known." Among other things, these orders will allow reporters and historians access to Bush administration records.

Day Three (Jan. 22, 2009 (Thursday)) -Human Rights: surrounded by 16 retired generals and admirals, President Obama signs executive orders closing Guantanamo Bay within a year; ending the CIA's secret prisons; and requiring all interrogations to comply with the Army Field Manual (which forbids coercive methods like the infamous water-boarding).

-separately, Obama orders his administration not to rely on any legal opinions on the topic of interrogation issued from the Justice Department between September 11, 2001 and January 20, 2009.

All in all, it's a bright new day for the American Constitution.

Observations on President Barack Obama's Inauguration and Inaugural Address

Some observations on this amazing day of Barack Obama's Inauguration:

Chief Justice John Roberts chose a bad time, in front of millions (billions?) of people watching around the world, to mess up his recitation of the oath of office, saying: "I Barack Hussein Obama, do solemnly swear" [Obama repeats], "that I will execute the office of the President to the United States faithfully," [Obama repeats, "that I will ...", then nods & waits for Roberts to correct himself, which he does, prompting, now accurately, "faithfully execute the office ..."], after which Obama too messes it up by placing "faithfully" at the end of the phrase, saying, "execute the office of the President to the United States faithfully." Oh well....

It was most refreshing to hear President Obama say in his Inaugural Address, "Our patchwork heritage is a strength, not a weakness. We are a nation of Christians and Muslims, Jews and Hindus, and non-believers." How nice to hear acknowledgement of non-believers. For too long they have been outcast in this nation, which officially proclaims "in God We Trust," even though the First Amendment prohibits government establishment of religion.

Other memorable points from the speech:

-recognition of the significance of his election: "[It is remarkable that] a man whose father less than sixty years ago, might not have been served in a local restaurant, can now stand before you to take a most sacred oath. So let us mark this day of remembrance, of who we are, and how far we have traveled."

American character & challenge: "Those values upon which our success depends - honesty and hard work, courage and fair play, tolerance and curiosity, loyalty and patriotism - these things are old. These things are true. They have been the quiet force of progress throughout our history. What is demanded then is a return to these truths. What is of us now is a new era of responsibility."

-appeal to reason & progressive government: "We will restore science to its rightful place, and wield technology's wonders to raise healthcare's quality and lower its cost. We will harness the sun and the winds and the soil to fuel our cars and run our factories, and we will transform our schools and colleges and universities to meet the demands of a new age."

-Hope: "Now, there are some who question the scale of our ambitions; who suggest that the system cannot tolerate too many big plans. Their memories are short, for they have forgotten what this country has already done. What free men and women can achieve when imagination is joined to common purpose, and necessity to courage. What the cynics fail to understand is that the ground has shifted beneath them; that the stale political arguments that have consumed us for so long no longer apply."

-appeal to the Muslim world: "To the Muslim world, we seek a new way forward, based on mutual interest and mutual respect. To those leaders around the globe who seek to sow conflict or blame their society's ills on the West, know that your people will judge you on what you can build, not what you destroy."

-appeal to despotic leaders: "To those who cling to power through corruption and deceit, and the silencing of dissent, know that you are on the wrong side of history. But that we will extend a hand, if you are willing to unclench your fist."

-repudiations of the Bush/Cheney approach: "As for our common defense, we reject as false the choice between our safety and our ideals. Our founding fathers, faced with perils that we can scarcely imagine, drafted a charter to assure the rule of law and the rights of man; a charter expanded by the blood of generations. Those ideals still light the world, and we will not give them up for expediency's sake." And: "Those of us who manage the public's dollars will ... do our business in the light of day, because only then can we restore the vital trust between a people and their government"

-appeal to the world of America's leadership: "To all the other peoples and governments that are watching today, from the grandest capitals to the small village where my father was born: know that America is the friend of each nation and of every man, woman and child who seeks a future of peace and dignity. And we are ready to lead once more."

-American power & humility: "Earlier generations ... understood that our power alone cannot protect us, nor does it entitle us to do what we please. Instead they knew that our power grows through its prudent use. Our security emanates from the justness of our cause, the force of our example, the tempering quality of our humility and restraint. We are the keepers of this legacy."

And last, Reverend Joseph Lowry's inspirational words in the benediction summed up the mood of the day perfectly: "Help us to work for that day when nation shall not lift up sword against nation; when tanks will be beaten into tractors; ... when justice will roll down like waters, and righteousness as a mighty stream.... In the joy of a new beginning, we ask you to help us work for that day, when black will not be asked to get back; when brown can stick around; when yellow will be mellow; when the red man can get ahead man; and when white would embrace what is right. Let all those who do love justice and mercy, say 'Amen.' Say 'Amen'; and 'Amen.'"

Amen.

What to Do About Bush/Cheney Abuses of Constitution

In the run-up over the last weeks to the presidential transition, there has been a lot of talk about what to do about the Bush/Cheney administration's eight-year assault on the Constitution. (See, for example, Harvard law professor and former Reagan appointee (solicitor general) Charles Fried, Slate senior editor Dahlia Lithwick, Yale law professor Jack Balkin, Nobel Prize winning economist and New York Times columnist Paul Krugman, among others.)

Some say those who were responsible at the highest levels for authorizing such abuses as torture, incarceration for years without access to lawyers or legal process, warrantless wiretap programs, allowing the Justice Department to become a partisan vehicle for rewarding the administration's supporters and punishing its critics - to name just a few - should be criminally prosecuted. On the other extreme, some say what's done is done, and we need to look forward, so we should do nothing.

Probably the best approach, however, everything considered, is the middle ground: holding a full set of hearings so that we will finally be able to know the full extent of the various abuses and egregious excesses (given his advocacy for the technique in getting people to spill, maybe Dick Cheney should be waterboarded if he continues to resist providing information - what's good for the goose is good for ....); but not going for criminal prosecutions, with all of the delays and legal maneuverings that would entail.

Yes, we want to hold the perpetrators accountable, but the most important thing is to expose all of what went on so that it can be held up to the light of national and international condemnation. Criminal prosecutions would hinder that goal, and could turn into a frustrating legal circus. By contrast, a sort of American version of a Truth and Reconciliation Commission would more easily allow the evidence to come forth since it would not be subject the rigorous procedural and evidentiary requirements of a criminal trial.

In this way these people may be fairly judged - and likely condemned - by the court of history, with their names living on in infamy for betraying the high principles of fairness and justice for which America and its constitutional form of government stands.

Good Riddance Dick Cheney

It's probably no surprise Dick Cheney is still defending waterboarding as legitimate. Of one thing we have become certain - Cheney is a dangerous man. Only 10 more days, then to the scrapheap of history.

In the recent presidential election, thankfully John McCain and Barack Obama were in full agreement on at least one thing: America does not torture. Decent Americans - Republican and Democratic alike - all agree on this point. And make no mistake: waterboarding IS torture, despite Cheney's, Bush's and John Yoo's (author of the infamous DOJ torture memo) lame protestations to the contrary. If it walks like a duck & quacks like a duck....

Cheney's ends-justify-any-means brand of neoconservatism is scarily reminiscent of that of the Nazi political theorist Carl Schmitt, whose theories on broad executive power paved the way for the fascist Adolf Hitler to lead a civilized, highly-cultured nation into committing the most egregious human rights violations in human history. In interpreting the Weimar Constitution, Schmitt argued that the president's power to declare a state of emergency granted him broad, virtually-dictatorial authority. Schmitt justified this expansive executive power as much more efficient and effective than resorting to the comparatively slow processes of legislation. Sound familiar?

Good riddance to Dick Cheney.

Blagojovich Appointment of Burris to Senate

The appointment by Illinois governor Rod Blagojovich of Roland Burris to the U.S. Senate raises a number of interesting constitutional questions.

While Blagojovich seems remarkably out-of-touch with what most people would consider to be appropriate ethical behavior in politics, and his action in appointing Burris is surprising in its hubris and seeming defiance of his constituents, the citizens of Illinois (not to mention to Americans everywhere else), the appointment as it currently stands probably should be respected and acknowledged as legitimate by the Senate.

In stating they will refuse to seat Burris, Harry Reid and other Democrats in the Senate risk overstepping their appropriate role in our federal/state system. Granted, Art. I sec. 5[1]the Constitution provides that "Each House shall be the Judge of the ... Qualifications of its own Members," so it would seem the Senate could disqualify Burris if it sees fit. That said, the Constitution also provides in Article I, Sec. 3[3] that the only requirements for a person to be a member of the Senate are to be 30 years old, nine years a citizen of the U.S., and a citizen of the state for which s/he is selected to respresent. And when these two provisions are juxtaposed, the second seems to prevail - at least according to the Supreme Court on the facts of the 1969 Powell v. McCormack case. There, the House of Representatives tried to refuse to seat Adam Clayton Powell for a new Term in light of evidence he'd misappropriated funds during the prior Congress, but the Supreme Court said the ONLY basis by which the House could refuse to seat him was if he failed to meet the minimum age and residency requirements specified in the Constitution.

The Powell holding emphasizes the fact that the States have the right to designate whom they will for the Senate. And here, Illinois law allows a sitting governor to appoint a replacement for a vacant Senate seat; and Blago (arrested, yes, but still not impeached nor convicted) is still the duly-elected sitting governor of the State.

If anything, the power to resist Blago's brazen move is with the Illinois legislature - it should have moved faster to remove Blago's authority through impeachment or some other mechanism. It has been several weeks now since we've learned of his pay-to-play modus operandi, and the legislature could have acted more quickly to prevent this (alleged) crook from exercising his authority. There may still be some way for the Illinois legislature to trump Blago's appointment - e.g., apparently (disclaimer: hearsay - I've not researched this) there's a state law provision essentially recommending that the governor's appointment be certified by the Illinois Secretary of State, so perhaps the legislature could add teeth to that provision by requiring the Secretary's certification in order for a gubernatorial appointment to be effective.

The point is, however, that the question of whether this or some other patch could work is a question worthy of some consideration by the good folks of Illinois, probably not the U.S. Senate - as much as the outrageous behavior of Rod Blagojovich might tempt it to do so.