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Constitutional scholar apparently needs to brush up on Constitution

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Look, I know the guy’s a centrist, OK? I know he’s not the Messiah. But I’m still quite disappointed:

In a stunning defense of President George W. Bush’s warrantless wiretapping program, President Barack Obama has broadened the government’s legal argument for immunizing his Administration and government agencies from lawsuits surrounding the National Security Agency’s eavesdropping efforts.

In fact, a close read of a government filing last Friday reveals that the Obama Administration has gone beyond any previous legal claims put forth by former President Bush.

Responding to a lawsuit filed by a civil liberties group, the Justice Department argued that the government was protected by “sovereign immunity” from lawsuits because of a little-noticed clause in the Patriot Act. The government’s legal filing can be read here (PDF).

For the first time, the Obama Administration’s brief contends that government agencies cannot be sued for wiretapping American citizens even if there was intentional violation of U.S. law. They maintain that the government can only be sued if the wiretaps involve “willful disclosure” — a higher legal bar.

The text above is from an article by Raw Story’s John Byrne.

I didn’t expect Obama to do the right thing on the war(s), or to be some great progressive leader. But I did expect him to at least break with the Bush administration when it came to respecting the basic tenets of the Constituion and U.S. law. Apparently that faith was misplaced. Sad.

By the way, if you want to help the Electronic Frontier Foundation do its good work in this and other cases, visit their Web site and toss them some money.

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The Democrats’ debt to the people of New Orleans

Melissa Harris-Lacewell and James Perry co-authored this piece for The Nation. Here’s an excerpt:

When New Orleans flooded in August 2005, the Democratic Party was a shambles, locked out of the White House, the Senate and the House of Representatives. For nearly a decade the Democrats played defense against a Republican onslaught initiated by Newt Gingrich’s Contract With America. After September 11, Democrats had joined with Republicans in giving President Bush unprecedented executive authority, thereby helping to erode civil liberties at home and authorize ill-advised aggression overseas. In 2004 Democrats were keenly aware that a solid majority of Americans believed it was unpatriotic to protest the Iraq War. So instead of articulating a clear alternative to Bush’s militarism, they nominated John Kerry on the strength of his record as a solider. Even so, they found it impossible to outmaneuver the existing commander in chief.

In August 2005 the Democratic Party had no clear leader, no identifiable platform, no winning national coalition and little political courage.

Then the force of Hurricane Katrina devastated the inadequate levees surrounding New Orleans. Americans watched as the city flooded, the power went out, and food and water became scarce. They watched as emergency shelters became centers of disease, starvation, agony and death. The nation watched in horror, but no mass evacuation began and Air Force One did not land. As the crisis wore on, the public became increasingly confused by and angry about the lack of coordinated response to alleviate human suffering and evacuate trapped citizens. As the waters rose, President Bush’s approval sank.

Read the rest of the article.

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Larry Summers on spreading the wealth

From today’s New York Times:

Mr. Summers has spent much of his career tweaking fellow liberals with arguments he considers unpleasant truths — on the dangers of budget deficits, the benefits of capitalism and other subjects. But he seems to have decided that conservative orthodoxies have become a vastly bigger threat to good economic policy than liberal ones. His favorite argument today is one that instead drives some conservatives nuts.

It goes like this: To undo the rise in income inequality since the late ’70s, every household in the top 1 percent of the distribution, which makes $1.7 million on average, would need to write a check for $800,000. This money could then be pooled and used to send out a $10,000 check to every household in the bottom 80 percent of the distribution, those making less than $120,000. Only then would the country be as economically equal as it was three decades ago.

Read the rest of the story.

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Franklin Delano Obama?

NYT columnist and Nobel laureate Paul Krugman thinks FDR can be an inspiration for the Obama administration — but he thinks Obama needs to go further than FDR did in spending to revitalize the economy:

The political lesson is that economic missteps can quickly undermine an electoral mandate. Democrats won big last week — but they won even bigger in 1936, only to see their gains evaporate after the recession of 1937-38. Americans don’t expect instant economic results from the incoming administration, but they do expect results, and Democrats’ euphoria will be short-lived if they don’t deliver an economic recovery.

The economic lesson is the importance of doing enough. F.D.R. thought he was being prudent by reining in his spending plans; in reality, he was taking big risks with the economy and with his legacy. My advice to the Obama people is to figure out how much help they think the economy needs, then add 50 percent. It’s much better, in a depressed economy, to err on the side of too much stimulus than on the side of too little.

In short, Mr. Obama’s chances of leading a new New Deal depend largely on whether his short-run economic plans are sufficiently bold. Progressives can only hope that he has the necessary audacity.

Read the story.

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David Corn on the Obama victory

David Corn of Mother Jones magazine wrote a great piece today dissecting the Obama and McCain campaigns. I particularly liked this excerpt:

corn.jpgBut his barrier-breaking victory was indeed change in itself. Consider this: Obama ended his campaign at a rally on Monday night in Manassas, Virginia, the site of Battle of Bull Run, the opening land battle of the Civil War, in which Union troops were routed and forced to retreat back to Washington, DC There before a crowd of 90,000 — young, old, black, white, affluent, working-class — Obama summed up his case:

“Tomorrow, you can turn the page on policies that have put greed and irresponsibility before hard work and sacrifice. Tomorrow, you can choose policies that invest in our middle class and create new jobs, grow this economy so everybody has a chance to succeed, not just the CEO but the secretary and the janitor, not just the factory owner but the men and women who work the factory floors. And tomorrow, you can end to the politics that would divide a nation just to win an election, that pits region against region, city against town, Republican against Democrat, that asks us to fear at a time when we need to hope.”

A black man on the verge of being elected president said that.

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POEM: Last Night I Watched

Last Night I Watched
by Jason Crane

Last night I watched an American president-elect on the television and cried. Next to me was my wife Jennifer, tears running down her cheeks.

Last night I watched the awakening of a nation that had all but given up on its principles and ideals.

Last night I watched Jesse Jackson hold one finger to his trembling lips as he wept, the marathon runner finally crossing the finish line.

Last night I watched John Lewis talk about the unbelievable road from “Whites Only” bathrooms to steel truncheons on the Edmund Pettis Bridge to the steps of the Capitol.

Last night I watched an actor from The Color Purple rest her chin on the shoulder of a friend as she watched an African-American man speak about his future presidency.

Last night I watched an ocean of joyful tears give a gentle lift to the ship that is America.

Last night I watched Walt Whitman as he knelt down and pulled a blade of grass from the rich earth, singing.

Last night I watched as Kenyans danced on dusty ground, arms raised toward the glorious sun.

Last night I watched as a crack opened in the wall, and looking through, I could see the glimmering field of stars.

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UNITE HERE prez on Obama’s victory

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A UNITE HERE election volunteer

I work for the labor union UNITE HERE. Our president, Bruce Raynor, put out this statement on Barack Obama’s victory:

STATEMENT FROM UNITE HERE GENERAL PRESIDENT BRUCE RAYNOR ON OBAMA VICTORY
November 4, 2008

New York – Barack Obama’s victory is a victory for working people across this country. Regardless of race, gender, religion, ethnicity, immigration status, sexual orientation – all working people have taken a giant step forward today.

Barack has renewed our faith in what is possible for those who are trying to stay in the middle class and for those who are seeking to become a part of the middle class.

With great vision, he talked with us about what he wants to accomplish for the American people. And with great candor, he called for every person to become engaged in the effort.

As the first labor union to endorse Barack, UNITE HERE took that call seriously. From the strength of our nearly one million members and retirees, we mobilized thousands to get out the vote in more than a dozen states. We knocked on more than 350,000 doors; and during this past weekend alone, we had more than 3,000 volunteers talking with voters in battleground states.

Barack’s insight and leadership drive a policy agenda that supports those working people who have formed a union, as well as those who have not yet formed a union. He is committed to ensuring that working families have wages that enable them to put food on the table, cutting taxes for 95 percent of workers and their families, securing healthcare for all Americans, promoting fair trade and not “free trade” that sends good jobs overseas, defending the right of workers to freely join unions by passing the Employee Free Choice Act, establishing a path to citizenship for undocumented immigrants, fighting the growth of income inequality, and guaranteeing retirement security for all workers so that growing old does not mean growing poor.

With Barack’s victory, as well as Democratic gains in both the House and the Senate, we can make real reforms to improve the lives of every union member in this country and every worker who wants a union.

To be sure, the current economic crisis will present great challenges. But we are inspired by the change that is possible. And we believe in Barack Obama – a man who understands the experiences of working people. A man who, more than twenty years ago, took a job as a community organizer in Chicago to fight for families devastated by steel plant closings – to fight for working people.

UNITE HERE is a labor union representing 465,000 workers in the apparel, textile, hotel, food service, gaming, and laundry industries.

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John in his UNITE HERE hat

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