On Jobs and the Jobless.

Via Speaker Pelosi’s official website, some much-needed perspective on the jobs situation under Dubya and Obama respectively (so far). Next time anyone of the (Keynesian-challenged) Republican persuasion starts to rant and rave about the stimulus, this might be a good graph to keep in your back pocket.

Of course, this is not to say we’re anywhere near the clear on the jobs front. Not only is there some frightening new data around about the length of unemployment in this downturn, The Atlantic‘s Don Peck makes a compelling case about how this new jobless era will transform America: “The unemployment rate hit 10 percent in October, and there are good reasons to believe that by 2011, 2012, even 2014, it will have declined only a little…The worst effects of pervasive joblessness–on family, politics, society–take time to incubate, and they show themselves only slowly. But ultimately, they leave deep marks that endure long after boom times have returned.

Partial Eclipse.

“The troubled and expensive Ares I rocket that was to replace the space shuttle to ferry humans to space will be gone, along with money for its bigger brother, the Ares V cargo rocket that was to launch the fuel and supplies needed to take humans back to the moon. There will be no lunar landers, no moon bases, no Constellation program at all.” As expected (and feared) earlier this year, the Obama administration’s proposed NASA budget for the next five years cancels any and all plans to go to the moon anytime soon. “‘We certainly don’t need to go back to the moon,’ said one administration official.

Sigh.

Ok, first off, the administration official who uttered the last sentence should be filed away next to Mr. Left of the Left and Ms. Pajamas as people who should no longer speak for the White House in any capacity whatsoever. Full stop, end of story. Putting my speechwriter cap on for a second: In most any political situation, ridiculing the dreams of an entire generation does not make for particularly good messaging.

Anyway, anonymous WH official aside, NASA administrator Charles Bolden sounded a better note about all this: “We’re not abandoning anything. We’re probably on a new course but human space flight is in our DNA. We are not abandoning human space flight by any stretch of the imagination. We have companies telling us they’re excited to get humans off this planet and into orbit. I think we’re going to get there and perhaps quicker than we would have done before.

And, to be clear, the administration’s NASA budget increases the agency’s funding by $6 billion over the next five years. The new budget ups research and development spending into cheaper heavy launch mechanisms, emphasizes more robotic exploration missions and observational experiments into climate change, extends the life of the ISS (although, with only five more shuttle missions remaining, other nations will have to help service it), and works to promote the various commercial space enterprises moving along right now.

All of this is well and good, but it would be nice to see some recognition of the civic importance of manned space flight by this administration. In their words, NASA is scrapping Constellation on account of it being “over budget, behind schedule, and lacking in innovation due to a failure to invest in critical new technologies.” And, given that we still had a lot of the expenditures before us, I suppose now was as good a time as any to kill the program if it’s not the right direction to go in.

That being said, how many more times are we going to do this? We keep stopping and starting and stopping and starting our post-Shuttle plans for space, so that now, after five final shuttle missions this coming year, we will longer have the capability anymore as a nation to send men and women into orbit. “If implemented, the NASA a few years from now would be fundamentally different from NASA today. The space agency would no longer operate its own spacecraft, but essentially buy tickets for its astronauts.Forty-one years after we first reached the moon, that’s just plain sad.

Ultimately, the central finding of the Augustine commission’s final report, released this past October after extensive study of NASA’s current situation, is a sound one: “The U.S. human spaceflight program appears to be on an unsustainable trajectory. It is perpetuating the perilous practice of pursuing goals that do not match allocated resources.” In other words, we’ve been trying to talk the talk without walking the walk. If we’re going to get serious about manned space flight, we need to stop piecemealing NASA and start making manned exploration a funding priority.

In total, the agency is slated to get $100 billion over the next five years. To put that number in perspective, that’s less than a fifth of our defense budget for 2011 alone, and that’s going by the most conservative numbers around — NASA’s five-year budget could be closer to a tenth of next year’s defense spending. (For its part, the Augustine commission set a price tag of $3 billion a year to get serious about manned exploration.)

If we had put anywhere near that kind of money into exploration and R&D over the years, would we now be in this position, where we face the Hobson’s choice of replicating expensive 50-year-old launch tech or being completely grounded as a nation? The lack of thinking about our long-term priorities sometimes is staggering to me. I’ve said this before, but I still believe it holds true: Short of possibly genomic research and advances in AI, nothing we do right now will matter more centuries or millennia hence than establishing a presence off-world…if we even have that long. Not to get all Jor-El up in here, but we really have to start getting serious about this.

The Wages of Citizens United: The Courts.

“When the Chief Judge joined in the argument about the continuing vitality of the corruption rationale for campaign finance restraints, he flatly accused Kolker of evading the Citizens United ruling. “I’m not hearing you address Citizens United,” Sentelle said. And Judge Thomas B. Griffith chimed in: “You’re trying to avoid Citizens United. This is a new world: corruption means a lot less than it did before.'”Hey, you said it, Judge. According to the good folks at SCOTUSblog, the doors to unfettered campaign cash are open in a big way in the minds of the DC District Court after Citizens United: “From the opening moment of the 65-minute hearing, most of the nine judges on the en banc Court treated the Supreme Court’s ruling…as the beginning, not the end, of expansion of those freedoms. When an FEC lawyer tried to bring up, and rely on, older precedents, he was reminded repeatedly that those came before Citizens United.

President Obama’s stern words about the decision in his State of the Union address may have induced Justice Alito to expose himself as a partisan hack, but it seems, alas, that the Justice and his four conservative contemporaries will have the last laugh.

The Wages of Citizens United: The $$$.

“The Chamber spent much of its money in 2009 on campaigns that worked — it scared the Senate away from considering a version of the Waxman-Markey cap-and-trade legislation, and an argument can be made that its cutting ads on health care (with money taken from some insurance companies) helped to undercut support for the legislation.” You think? In a shape-of-things-to-come moment even before Citizens United goes into effect, the Chamber of Commerce outspent both political parties in 2009.

“According to The Center for Responsive Politics, the U.S. Chamber of Commerce and its national subsidiaries spent $144.5 million in 2009, far more than the RNC and more than double the expenditures by the DNC.” But corporate spending isn’t a problem or anything.

The Wages of Citizens United: The People.

In a new national poll, 65 percent of Americans say they disagree with the 5-to-4 U.S. Supreme Court decision to allow corporations to spend without limits on ads in political campaigns.And yet hope remains while the company is true: A new poll finds Americans across the board are unhappy with the court’s ruling in Citizens United.

“The Reid poll found little difference in partisan attitudes…Sixty-six percent of Democrats either “moderately” or “strongly” disagreed with the ruling, but so did 63 percent of Republicans. A whopping 72 percent of Independents disagreed with the Supremes’ decision.” One wonders how those numbers might’ve moved if we started using Citizen United’s full name to discuss this case…


You stay classy, GOP. And folks thought “teabagger” was ugly.

SotU: The “Fetal Position” Fallacy.

I know that we haven’t agreed on every issue thus far, and there are surely times in the future when we will part ways. But I also know that every American who is sitting here tonight loves this country and wants it to succeed. That must be the starting point for every debate we have in the coming months, and where we return after those debates are done. That is the foundation on which the American people expect us to build common ground.

They do? I thought they expected change we can believe in. But worn-out nods to an elusive, ephemeral, and, given the current GOP, often undesirable bipartisanship does not constitute such. In any event, so concluded the President’s State of the Union address last Thursday. This is old news at this point, so I’ll keep it brief. Suffice to say, while it got better as it went along, I thought the speech was merely ok, and often troubling. Throughout the evening, the president’s remarks had that excessively-poll-tested, small-bore feel that conjured up grim odors of 1995 and 1996. Throw on a flannel and fire up the Pulp Fiction soundtrack, y’all: One year into the Obama era, are we already back to V-chips and school uniforms?

Part of the president’s problem is that the Senate is looking like the elephant’s graveyard of progressive-minded legislation right now. The president called for an energy reform bill. The House went out on a limb to pass one last June. The president called for a financial reform bill. The House passed one in December. The president called for a new jobs bill. The House also passed one in December. All of these bills, and many, many others, are languishing in the Senate right now, as Sen. Reid and others try to figure out how to somehow get something — anything! — passed with a larger majority than Dubya ever enjoyed.

The Senate issue aside, there were other problems in the President’s speech, including far too many nods and feints in the direction of ridiculous deficit peacocks like Judd Gregg and Evan Bayh. First off, at the risk of sounding like Dick Cheney, I tend to think that deficits are troubling, but, even in the best of times, they shouldn’t really be the foremost driving concern of our government policy. If we run a deficit to invest in education now, we’ll save money down the road and improve Americans’ quality-of-life to boot. (Put in somewhat ugly fashion, it’s invest in schools now or prisons later.)

And that being said, right now is emphatically not the best of times. We know exactly what happens when you cut spending too quickly after a virulent recession — It was called the 1937 Roosevelt recession, and it would be flagrantly idiotic to repeat it. Just because the GOP doesn’t seem to understand basic Keynesian economics doesn’t mean we should follow them down the rabbit hole of flat-earth thinking, just so we can look bipartisan.

No, the problem with deficits isn’t necessarily the running of a deficit. It’s the running-up of massive deficits for patently stupid reasons — like, say, prosecuting a war of choice in Iraq, or doling out excessive tax breaks to multi-millionaires. And that’s why some of the President’s nods in that direction were so irritating last Thursday. Calling for a spending freeze on discretionary spending, without touching the exorbitant “security-related” budget (cute euphemism, that), is kabuki theater at best. And at worst, you’re balancing the books at the expense of our most vulnerable citizens. (I tend to agree with Candidate Obama on this issue anyway.)

Similarly, this deficit commission which the president plans to foist on Congress by executive order after the Senate killed it, is, again, at best kabuki theater and at worst trouble. It’s clear to everyone involved that the entire point of this commission is CYA: i.e, to create political cover for raids on entitlement spending, while once again ignoring the grotesquely swollen defense budget. (Altho’, to be fair, Secretary Gates has at least tried to rein in growth in this sector.) In other words, this commission will basically just be a chance for deficit peacocks to pretend they’re Serious People and “make tough decisions,” while in fact the one really tough idea that actually needs to be tackled — reining in defense spending — will be completely avoided.

In any event, all this discussion of the deficit ignores the larger problem. Obviously, one of the president’s biggest charges coming into office was to restore economic sanity after eight years of Dubyaite excess. That being said, people were not looking to President Obama for this sort of deficit tsk-tsking and small-bore, fiddling around the margins. You’d think we Dems would have learned this by now. But curling up into a fetal position and mouthing moderate GOP-lite bromides will not stop the Republicans from kicking us, ever.

We have a Democratic president, an 18-seat majority in the Senate, and a 79-seat majority in the House. In short, we Dems need to keep thinking big or we will pay dearly at the polls this November. Perhaps the dysfunction of the Senate is the central problem Obama faces right now, but his speech nonetheless suggests that we’re getting dangerously close to Eisenhower Republican territory now, and not even in the good “the military-industrial complex is completely frakked” kinda way. Without vision, the people perish. So too will our party, if we keep up with this thin gruel, triangulation schtick. At the advice of the careerist DLC-types over the years, we have tried this path several times over — Put simply, it does not work.

When Suddenly a Debate Broke Out.

“The whole thing basically went like that: Republican asks obnoxious question rooted in Glenn Beck-ian talking points; Obama swats it away, makes the questioner look silly, and then smiles at the end. It got so bad, in fact, that Fox News cut away from the event before it was over.”

My issues with the SotU notwithstanding, the president’s sallying back-and-forth with House Republicans on Friday clearly indicate that, whatever our problems are within the party, the GOP are just not ready for prime-time right now. (I also get the sense that this will mark the definitive end of the Republican’s goofy “teleprompter” meme.) [Full transcript.]

To his credit, the president made his political opponents seem like the blatantly hypocritical ideologues they in fact are. Which begs the “common ground” question once again: Why should we try to meet the “Party of No” halfway, particularly when we know that they move the goalposts every single time you try to take them seriously?

The ACLU’s Achilles Heel…and Glenn Greenwald’s.

Debate on the question of money and politics has been percolating within the ACLU for years, long before the Supreme Court handed down its decision in Citizens United. ‘It is difficult to think of an issue that has generated more internal controversy,’ an internal ACLU memo states.

To its credit and as a result of the Citizens United decision (which the organization has previously lawyered and lobbied for), the ACLU convenes a weekend summit to discuss its campaign finance reform position. “‘The ACLU’s version of democracy is from the ground-up,’ one civil rights lawyer, David Gans, told the ACLU’s board, which was assembled downtown at One New York Plaza. ‘Now Exxon Mobil can spend 2% of its money and blow that all up.’

Here’s hoping the reformers win the day — or walk out CIO-style if they don’t. Imho, the stance that unlimited corporate funding of our elections is a right guaranteed by the First Amendment has always been the Achilles’ heel of an otherwise superb organization. I’m not a lawyer, but as far as I can tell, their reasoning relies on two unfortunate bugs in the legal code — corporate personhood and the conflation of money with speech — that they too often deem fundamental First Amendment principles. I would argue they’re not.

For why the former — corporate personhood — has obvious problems, just read Justice Stevens’ dissent from Thursday:

“The basic premise underlying the Court’s ruling is its iteration, and constant reiteration, of the proposition that the First Amendment bars regulatory distinctions based on a speaker’s identity, including its ‘identity; as a corporation. While that glittering generality has rhetorical appeal, it is not a correct statement of the law….

Although they make enormous contributions to our society, corporations are not actually members of it. They cannot vote or run for office. Because they may be managed and controlled by nonresidents, their interests may conflict in fundamental respects with the interests of eligible voters. The financial resources, legal structure,and instrumental orientation of corporations raise legitimate concerns about their role in the electoral process. Our lawmakers have a compelling constitutional basis, if not also a democratic duty, to take measures designed to guard against the potentially deleterious effects of corporate spending in local and national races.”

For the latter — the ruinous conflation of money and speech in Buckley v. Valeo — check out Stevens’ concurrence in Nixon v. Shrink Government Pact (2000), where he says how he’d come down if Buckley were reopened:

“In response to [Justice Kennedy’s] call for a new beginning, therefore, I make one simple point. Money is property; it is not speech.

Speech has the power to inspire volunteers to perform a multitude of tasks on a campaign trail, on a battleground, or even on a football field. Money, meanwhile, has the power to pay hired laborers to perform the same tasks. It does not follow, however, that the First Amendment provides the same measure of protection to the use of money to accomplish such goals as it provides to the use of ideas to achieve the same results…

Telling a grandmother that she may not use her own property to provide shelter to a grandchild — or to hire mercenaries to work in that grandchild’s campaign for public office — raises important constitutional concerns that are unrelated to the First Amendment.”

(See also Byron White’s concurrence in part in Buckley, which argues that “[n]othing in the First Amendment stands in the way of ” campaign finance limits.)

But somewhere along the line and for whatever reason, the ACLU latched on to both of these unwise shibboleths, and have since been arguing that corporate personhood and the idea of money as speech are both enshrined in the First Amendment. Uh…really?

To see what kind of damage these two bogus ideas have wrought, one need only to go over to Salon and read through Glenn Greenwald’s ugly meltdown on Citzens United the past few days. As anyone who visits GitM regularly knows, I link to Greenwald pretty much constantly. On a host of issues, from Obama’s terrible record on civil liberties to the broken-down state of our journalism, he’s been remarkably on point, and one of my favorite columnists to read. I used to wonder if there was anything I disagreed with him on. Well, it turns out, there is. And, apparently, I’m a “partisan hack” for thinking different.

For the Cliff Notes version of this whole conversation, I wrote up a snarky summation of it here yesterday, well after things had gone south. But, basically, Glenn — on “homework assignment” — argued on Friday that, all the negative consequences that will ensue aside, the Majority in Citizen’s United decided the case correctly, that this was a victory for the first amendment, and that people who disagree with their decision are practicing “outcome-based law.” (He also made the dubious and unprovable assertion that things can’t get any worse anyway. Really? We’ll see.)

Well, this assessment did not sit right with a lot of people. Some questioned his reading of the case. Others pointed out that law is always outcome-based, even the Majority’s ruling in Citizens. (The concerned outcome for Justice Kennedy here is that blogs might get banned someday, somehow, if this ruling isn’t made. I’ll take my chances.) And, others, such as myself, questioned these two principlescorporations are people, money is speech — that the ruling was based on.

Well, suffice to say, Greenwald did not take criticism well. He adamantly refused to engage either notionmoney isn’t speech, corporations aren’t people — as having any merit whatsoever, eventually trying to write off both with some dubious 1L hypotheticals. (All were answered to his disadvantage, several times over.) He went on to ridicule the folks who disagreed with him in a “check out the Big Brain on me” kinda way. (He argued his lawyerly creds just means he knows better.) He ignored Stevens’ actual dissent throughout. And he accused folks of being just like Dubya on torture for deigning to disagree with him on the decision.

This embarrassing conceit — those with disagree with me are Dubyaites, end of story — formed the extraordinarily condescending introduction of Greenwald’s follow-up to his first post. Still ignoring the legitimate criticisms people were making of the two assertions above — money=speech and corporations=people, Glenn instead pulled one line from Justice Stevens’ ninety pages of dissent to argue that all nine Justices agreed with both of these propositions. (This even though both Ginsburg and Sotomayor questioned the corporate personhood idea in oral arguments, and that Stevens explicitly said he did not agree with the money=speech proposition in Nixon v. Shrink, an argument Glenn would not touch.) As it turns out, the one line Glenn pulled from Stevens’ dissent proved neither assertion. Nonetheless, he returned to his shell, refusing to even consider the notion that “money=speech” or “corporations=people” might be lousy interpretations or legal accidents, or that they aren’t necessarily covered by the First Amendment.

When I shared the above ACLU story this morning, Greenwald blew another gasket:

“The ACLU has a long history of standing up to and defying people [like] you: those who pretend to believe in the Constitution and civil liberties only when it can be used as a weapon to advance your partisan and political agenda.

If they didn’t reverse themselves on the First Amendment rights of Nazis in the wake of huge numbers of people like you (those who only believe in the Constitution when it suits them) cutting off funding and leaving the organization, I highly doubt they will do so now….

But what has made the ACLU such an important and unique organization is that they have stood their ground on principle and resisted the efforts of people like you to turn it into a partisan tool rather than an organization devoted to the Constitution.”

I guess he figured I’d forget what “people like me” means from paragraph to paragraph. And, yes, y’all, I’ve been writing on politics and progressivism here for ten years because I’ve always wanted to subvert the Constitution to my own ends. And I would’ve gotten away with it too, if it weren’t for that nasty Greenwald!

Anyway, when I then reminded Greenwald that people of principle can disagree on these issues, and that it may even be possible that the ACLU reformers might even be the right ones in this story, that’s when I got called an Orwellian partisan hack once more. (FWIW, here’s my kissoff. I particularly like “paddock of principle and certitude.”)

Throughout this whole back-and-forth, there was not even the remotest possibility that any other interpretation on these two questions had merit for Greenwald: Corporations have first amendment rights. Money is speech. Both are obviously enshrined in the First Amendment. And arguing anything else is ridiculous and deserving of scorn (even if Supreme Court justices have argued differently in the past, including as recently as Thursday.) So let it be written, so let it be done.

Uh…really? Who knows…perhaps it’s a lawyer thing. Nonetheless, this myopic, bullish way of thinking — I hold the only correct possible interpretation of the law, and you’re either with me or you’re with the Dubyaites — isn’t very satisfying on either personal or argumentative grounds. And Greenwald’s constant doubling down on his original argument, even as more and more holes were poked in it by various responders, makes me question not only his temperament but his writing in general. He usually provides a valuable public service, no doubt, but he seems to have bought into his own hype as an Incorruptible Defender of Liberty. If you can’t think outside of yourself once in awhile, or find some way to weigh arguments you may not necessarily agree with without deeming them unprincipled, you’re really not much use to anyone.

Update: Looks like Greenwald addressed this topic one more time this morning. Here’s what he said:

“‘Money is not speech’ is an idiot bumper sticker slogan, not a meaningful argument which resolves anything. ‘Corporations have no constitutional rights’ is such an extreme and dangerous position (it endorses the constitutionality of the FBI’s searching whatever corporate offices they want and seizing all corporate documents with no search warrants or probable cause, or the Congress’ imposing $10 million fines on corporations every time they criticize the government, among other things) that it’s frivolous in the extreme. Despite that, I spent substantial time all weekend addressing and responding to those frivolous bumper sticker slogans.

So there you have it. An “idiot bumper sticker slogan”…repeated verbatim by Justice Stevens in 2000. (And, for what it’s worth, Greenwald referred to civil rights lawyer David Kairys’ piece on these two questions, linked several times above, as “stupid and ill-informed.”) Class act, Glenn.

Lo, Here Comes the Flood.


“The Court today rejects a century of history when it treats the distinction between corporate and individual campaign spending as an invidious novelty born of Austin v. Michigan Chamber of Commerce, 494 U. S. 652 (1990). Relying largely on individual dissenting opinions, the majority blazes through our precedents, overruling or disavowing a body of case law…The Court’s ruling threatens to undermine the integrity of elected institutions across the Nation. The path it has taken to reach its outcome will, I fear, do damage to this institution.

Well, it was a nice republic while it lasted. In a 5-4 decision, the Supreme Court finally hands down its Citzens United verdict, and it is ugly. [Full Text] Basically, the distinction between corporations and individuals has been erased, and, by the already dubious proposition that money is speech, unlimited corporate expenditures in campaigns is now just good, old-fashioned government. Welcome to the new Lochner era, y’all.

By the way, this is a much, much bigger deal than Scott Brown or the effing Edwards baby. Not that you’d know that from watching the news right now.

Update: More reactions:

Fred Wertheimer, Democracy 21: “Today’s Supreme Court decision in the Citizens United case is a disaster for the American people and a dark day for the Supreme Court…With a stroke of the pen, five Justices wiped out a century of American history devoted to preventing corporate corruption of our democracy.

Bob Edgar, Common Cause: “The Roberts Court today made a bad situation worse. This decision allows Wall Street to tap its vast corporate profits to drown out the voice of the public in our democracy. The path from here is clear: Congress must free itself from Wall Street’s grip so Main Street can finally get a fair shake.

Robert Weissman, Public Citizen: “Shed a tear for our democracy…Money from Exxon, Goldman Sachs, Pfizer and the rest of the Fortune 500 is already corroding the policy making process in Washington, state capitals and city halls. Today, the Supreme Court tells these corporate giants that they have a constitutional right to trample our democracy.

Sen. Russ Feingold (D-WI): “[T]his decision was a terrible mistake. Presented with a relatively narrow legal issue, the Supreme Court chose to roll back laws that have limited the role of corporate money in federal elections since Teddy Roosevelt was president. Ignoring important principles of judicial restraint and respect for precedent, the Court has given corporate money a breathtaking new role in federal campaigns. Just six years ago, the Court said that the prohibition on corporations and unions dipping into their treasuries to influence campaigns was ‘firmly embedded in our law.’ Yet this Court has just upended that prohibition, and a century’s worth of campaign finance law designed to stem corruption in government. The American people will pay dearly for this decision when, more than ever, their voices are drowned out by corporate spending in our federal elections.

President Obama: “With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington–while undermining the influence of average Americans who make small contributions to support their preferred candidates. That’s why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less.

Slate‘s Dahlia Lithwick: “Even former Chief Justice William H. Rehnquist once warned that treating corporate spending as the First Amendment equivalent of individual free speech is ‘to confuse metaphor with reality.’ Today that metaphor won a very real victory at the Supreme Court. And as a consequence some very real corporations are feeling very, very good.

Like Ma Bell, We Got the Ill Communication.

“The FBI illegally collected more than 2,000 U.S. telephone call records between 2002 and 2006 by invoking terrorism emergencies that did not exist or simply persuading phone companies to provide records, according to internal bureau memos and interviews. FBI officials issued approvals after the fact to justify their actions.”

The WP’s John Solomon and Carrie Johnson report on widespread phone record abuse at the FBI. What’s particularly galling here, if I’m reading this right, is that the law they were breaking seems to be a loophole-ridden statute in the Patriot Act included mainly as a fig leaf, but even that weak tea was too much for them to abide by. For shame.