Score one for Paul.

“Barack Obama of 2007 would be right down here with me.“ Kentucky Senator Rand Paul delivers an old-school, 13-hour filibuster against Obama’s drone policies, and — with the exception of Ron Wyden — the Senate Democrats go almost completely AWOL. “Senate Majority Whip Dick Durbin (D-Ill.) also took to the floor twice, but mostly to defend the U.S. government’s authority to target American citizens in ‘extraordinary circumstances.'”

Wrong answer. The policy FAIL here is obvious and egregious — Why would anyone of a lefty bent support giving a president unitary and unchecked authority to kill anyone he or she wants, without even a semblance of due process? Would they be this sanguine about it if Dick Cheney was holding the kill button? But even notwithstanding that, Democrats are making a terrible political mistake by letting Senator Paul, along with opportunistic slimebags like Mitch MConnell and far-right asshats like budding McCarthyite Ted Cruz, get to the left of them on this issue.

I get that some senators had procedural issues with the filibuster of a Cabinet nominee. But, at a certain point, this just looks like typical Dem spinelessness and situational ethics — Is preserving proper Senate procedure really more important than preserving constitutional due process? And if Rand Paul is the only person who’s going to stand up and call shenanigans on the administration for this chilling executive overreach, then thank you, Rand Paul.

Roll the Hard Sixty.

“Cosmetic reduction of partisan conflict appears to be displacing substantive effort to make the Senate an institution that operates according to majority rule. You have to wonder whether Democrats, in the hours leading up to their party leader’s State of the Union, had any sincere desire to enact its programs.“

Seem like every time you stop and turn around, something else just hit the ground. Not to be lost in the shuffle, filbuster reform has died anew, and so once again the broken United State Senate has “slipped back into stagnant waters.” Sounds like Two More Years for Presidents Snowe, Collins, Lieberman, and Nelson, then.

A House of Ill Repute.

“Two days after financial reform became law, Harry Reid announced that the Senate would not take up comprehensive energy-reform legislation for the rest of the year. And so climate change joined immigration, job creation, food safety, pilot training, veterans’ care, campaign finance, transportation security, labor law, mine safety, wildfire management, and scores of executive and judicial appointments on the list of matters that the world’s greatest deliberative body is incapable of addressing. Already, you can feel the Senate slipping back into stagnant waters.“

Come Senators, Congressmen, please heed the call: In a decent companion piece to James Fallows’ foray on the subject earlier this year, The New Yorker‘s George Packer tries to figure out what the hell is wrong with the Senate. And one of the best answers is buried in the middle of the piece: “Nothing dominates the life of a senator more than raising money. Tom Harkin, the Iowa Democrat, said, ‘Of any free time you have, I would say fifty per cent, maybe even more,” is spent on fund-raising.’“

The other big and much-needed solution: Filibuster reform. But with a handful of Democratic Senators already balking at the idea, that’ll be a tough climb this coming January, and no mistake. Nonetheless, it is very much a fight worth having. “[O]ver the past few decades the reflex has grown in the Senate that, all things considered, it’s better to avoid than to take on big issues. This is the kind of thing that drives Michael Bennet nutty: here you’ve arrived in the United States Senate and you can’t do fuck-all about the destruction of the planet.“

Advise and Dissent.

“When the U.S. Senate was created, the most populous state, Virginia, had 10 times as many people as the least populous, Delaware…Now the most populous state, California, has 69 times as many people as the least populous, Wyoming, yet they have the same two votes in the Senate. A similarly inflexible business organization would still have a major Whale Oil Division; a military unit would be mainly fusiliers and cavalry. No one would propose such a system in a constitution written today, but without a revolution, it’s unchangeable.

Similarly, since it takes 60 votes in the Senate to break a filibuster on controversial legislation, 41 votes is in effect a blocking minority. States that together hold about 12 percent of the U.S. population can provide that many Senate votes. This converts the Senate from the ‘saucer’ George Washington called it, in which scalding ideas from the more temperamental House might ‘cool,’ into a deep freeze and a dead weight.“

In a worthwhile cover story for The Atlantic on the long history of American declension and jeremiads, James Fallows — recently returned from China — make his case for the biggest problem facing our nation right now.”That is the American tragedy of the early 21st century: a vital and self-renewing culture that attracts the world’s talent, and a governing system that increasingly looks like a joke. One thing I’ve never heard in my time overseas is ‘I wish we had a Senate like yours.’”

Last Refuge of Scoundrels.

“It took a long time for Democrats to step up and challenge the administration’s baseless assertions that the Patriot Act could not be changed without threatening the security of the American people. When we finally did so, when we decided to make the case that we can fight terrorism and protect our American principles at the same time, it looked like Democrats were finally ready to stand on principle and offer strong leadership. Instead, too many Democrats have folded, and momentum for critical changes to the Patriot Act to protect our freedoms has been squandered.” In Salon, an angry Russ Feingold calls out his party for capitulating on the Patriot Act extension. Ugh. Are the Democrats irreparably broken at this point? Does our party leadership lack all conviction? At this point, the evidence is piling up against them, and, if we don’t get our act together, we’re going to lose our best chance in a decade to take back Congress this November. Update: Feingold filibusters alone.

Filibusted.

I already mentioned this in the Feingold post below, but it merits its own space: The brief Alito filibuster is already over, with nineteen Dems voting for cloture. There are a lot of blogs calling for the heads of the “Vichy Dems” right now, and, true, they’re not looking too good right now. But, frankly, neither is anyone else. The whole thing reeks of mismanagement and rank opportunism across the party.

I’m with Walter Shapiro: “In hindsight, the battle was effectively over after the first day of the Senate hearings when the criminally verbose Judiciary Committee Democrats failed to sustain a clear and consistent anti-Alito argument with all those cable networks broadcasting live. When politicians and interest-group leaders know that they are going to lose, they automatically retreat to a can-I-get-anything-out-of-the-wreckage calculus. So moderate senators from red states like South Dakota’s Tim Johnson decide that they can buttress their independent credentials with home-state conservatives by supporting Alito, since the outcome would be the same no matter how he voted. Groups like People for the American Way realize that shrill calls for a filibuster might preserve their fundraising base even if their years of urgent appeals to prevent a right-wing Supreme Court takeover failed to change a single Senate vote. And Kerry — whose late entry into the anti-Alito fray can be partly excused by his not serving on the Judiciary Committee — is also aware that such dramatic gestures help him maintain an up-to-date, ready-for-’08 e-mail list of Democratic activists.”

At any rate, the silver lining of this judicial nightmare (other than Judge Kennedy’s potential unpredictability) is that tomorrow, after Alito is voted through and Dubya gives his State of the Union, the GOP are officially out of good news. From tomorrow on, all the stories on tap, the continuing Iraq quagmire notwithstanding, are hearings and investigations — into the NSA wiretaps, into Abramoff, into Plamegate, into Katrina. So let’s pick ourselves up off the floor and get it together — We’ve got serious questions to ask of this administration, and, more importantly, we’ve got ourselves an election in nine months.

Big Russ.

With a tip-off from the Progressive Patriots Fund, I had the opportunity yesterday to catch Sen. Russ Feingold speak on the Patriot Act and the NSA wiretapping scandal over at Cardozo Law School. (Their pics are a lot better than mine — I forgot to charge my batteries, and thus only got in 2 or 3 shots before my camera died on me.) And how was he? Well, all-in-all, he came off as a convincing candidate for the election ahead, as well as an impressive, informed, and personable fellow. To be honest, I found his remarks a bit lawyerly (then again, he’s a lawyer speaking before a law school, so that’s not really a fair criticism), but, taken in full, he seemed a committeed progressive and a refreshingly candid leader, the type of dynamic, independent thinker the Senate should be teeming with, if the system came anywhere close to working these days.

The gist of Sen. Feingold’s remarks was thus: Al Qaeda is the central threat facing America and has been since 9/11. Yet, instead of bringing the nation together to eliminate this terrorist organization, the Dubya White House has chosen time and time again to endanger our national security and compromise our most fundamental American values for their own ideological or power-hoarding purposes. (Iraq, Guantanamo, extraordinary rendition, secret gulags, you name it.) Along those lines and as we now all know, the Patriot Act, which only Feingold voted against in 2001, contains some terrible provisions therein, the most notorious example affecting Middle America being Section 215 (which gives law enforcement, among other things, the right to see what you’ve been reading.)

Yet, as per the norm, Dubya has refused to admit that it’s even possible that something might be wrong with the Patriot Act now that it’s up for renewal — only that it’s necessary to defeat the evildoers and that any microscopic change in the statute could rend the fabric of freedom irreparably. (Despite this now-somewhat hoary ploy, Feingold and others have succeeded in blocking a permanent blanket extension for now, as y’all know if you’ve been visiting here lately.) And, of course, Dubya has taken this same tack of obfuscation and fear-mongering to cover up his brazen wiretapping power-grab — which, according to Congress’s own research arm, broke at least two laws and counting.

Again, this story is not news to many Dems out there, but Feingold laid it out in clear, comprehensible, and systematic fashion. (The only “breaking news” made was the Senator announcing this letter to Gonzales, asking him why he, in effect, lied to the Judiciary Committee during his confirmation hearings about the NSA wiretaps.) And he had some good lines throughout — In reply to Rove’s ridiculous claim that Dems were “pre-9/11”, Feingold quipped that the GOP suffered from a “pre-1776” mentality these days. (He also retold the recent Patrick Henry exchange.) To be honest, I’d liked to have heard more in this vein — In terms of breaking down the legislative legerdemain and legal issues at hand, Feingold was superb. But I thought the speech needed more narrative sweep and rhetorical grandeur, more explanation of why this battle matters so much to the workings of the republic. He doesn’t have to turn into Robert Byrd overnight. Still, I thought the remarks could have benefited from more dramatic heft and historical resonance: Jefferson, Madison, Adams, Lincoln, Wilson…they’re all relevant here. (Then again, as I said above, I was an historian sitting in a room full of lawyers, so I was a tougher sell than most.)

Along those lines, if there was a problem with this presentation, it’s that the Senator, while clearly outraged, at times seemed much less livid about all this than many in the audience, who occasionally sounded ready to hoist the black flag. (In fact, many will no doubt be happy to hear that Feingold was asked twice “why Democrats are so lame.” As he noted (and as the blogosphere can attest this week), if a crowd in New York City is this irate with the party, the Dems might be in serious trouble nationwide in November. Still, he also emphasized that the Democrats could be more effective fighters if they actually controlled a house of Congress — You can’t hold hearings if you’re in the minority.

In terms of other questions, Feingold said he supports and will take part in the very late-developing (and now already defunct) Alito filbuster (Roll Call.) In fact, he thought the Dems made a crucial mistake in capitulating to the original “Gang of 14” compromise, arguing cogently that Dems have seen nothing for it and may well have had the votes to win Catkiller‘s game of nuclear chicken. Since Casino Jack and lobbying reform seemed too big a subject to address competently in the time allotted, I asked him a question about his thoughts on the NYT decision to spike the NSA story for a year, his general view of the mass media’s performance in serving as a check on these types of executive abuses, and (’cause it seemed apropos) his thoughts on the burgeoning blogosphere’s role in all this. He didn’t really go after the Times decision, and said that, in terms of the recent Patriot Act debate, he thought the press had actually done an ok job. Regarding blogs, he called the Internet “a miracle for populist politics,” which was a good enough soundbite that everyone in my row dutifully wrote it down at the same time.

And, of course, Sen. Feingold was asked — a couple of times — whether or not he was running for President in 2008. Naturally, he played it coy — After all, we still have just under two years before the Iowa caucus. But, for what it’s worth, I was impressed by him — He’s not a first-class emoter like Edwards or Clinton, of course. Instead, he comes across as a highly intelligent, capable, and nuanced thinker, a la Bradley, Kerry, or Gore on his better days. But unlike those three, he also seemed much more comfortable in his own skin, more naturally himself at the podium, and — most importantly — more content to play the maverick if his lefty principles dictate thus. (Although, as I said, I’d like to see him tone down the lawyer-ese and rev up more Wellstone-ish fire if he does make a White House run.) I suppose there’s a small, bordering-on-infinitesimal chance that Rodham Clinton, Biden, Warner, or someone else might drop all the “New Democrat” protective camouflage this time around and begin loudly and undefensively proclaiming progressive principles to the Heavens. But, until that unlikely event, my candidate in the 2008 Democratic primary is Senator Russ Feingold of Wisconsin. (Update: 1776 link via Medley.)

Endgame?

Here’s an independence day nightmare: “With the Supreme Court vacancy left by the retirement of Justice Sandra Day O’Connor, the conservative movement has within its grasp the prize it has sought for more than 40 years: the control of all levers of the federal government.“

Yes, the right-wing fundies’ time is now, which is why they are already trying to spike Alberto Gonzales as too moderate and imploring Dubya to pick the “right” kind of conservative. Meanwhile, as the two parties gear for battle (despite talk to the contrary) and Dems reconsider the filibuster, Senate Judiciary Chair Arlen Specter contemplates his own legacy, which, if past behavior is any indication, likely means rolling over on command.

Buyer’s Remorse.

“Frist called her “a superb judge” who applies the law ‘without bias, without favor, with an even hand.’ Sen. Lindsey O. Graham (R-S.C.), one of the 14 negotiators, called Brown “an extremely talented and qualified judge” who will ‘advance the cause of conservative judicial philosophy.'” As Janice Rogers Brown moves through the Senate, some Dems and left-leaning groups start rethinking the benefits of last month’s nuclear compromise.

Nuclear Rearmament.

Eager to put the lie to the recent nuclear compromise, Dubya readies a slew of judicial nominations for the Senate, and you can bet dollars to donuts that they’re not going to be moderates. “‘There’s about 20 waiting in the wings,’ a Senate Republican official said.“