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katherineharron

Trump's push to overturn election result tears through GOP - CNNPolitics - 0 views

  • President Donald Trump is tearing the Republican Party apart on his way out the door, forcing Republicans to choose sides as they wrestle with the future of the party in the wake of Trump's overt attempts to subvert the results of the election.
  • The President's fixation with overturning the results of a fair and free election is the latest crusade throwing the GOP into a full-blown crisis mode as members attack one another's motives
  • There's no evidence of widespread election fraud
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  • But that hasn't stopped a dozen Republican senators -- including Sen. Josh Hawley of Missouri -- and more than 100 House Republicans from planning to join with Trump to reject the Electoral College votes in states that Biden won when Congress convenes a joint session on Wednesday.
  • The effort will only delay the inevitable, as the objections are sure to fail in both the House and the Senate,
  • For weeks, McConnell privately warned his party against making an unforced error by forcing votes on the Electoral College objections, fully aware that questioning the results of the election when Congress meets Wednesday would expose rifts in his ranks and force members up for reelection in 2022 into an unenviable political position.
  • "I'm concerned about the division in America, that's the biggest issue, but obviously this is not healthy for the Republican Party either," said Sasse
  • A group of nearly a dozen Republican senators announced Saturday that they would vote for Hawley's objection when it was brought forward, unless a commission was created to study voter fraud, something that is unlikely.
  • Trump's close ally, Republican Sen. Lindsey Graham of South Carolina, tweeted on Sunday that proposing an election commission was "not effectively fighting for President Trump" and added "It appears to be more of a political dodge than an effective remedy."
  • But the long-term effects could stretch for years -- and into the 2022 Senate races, with Trump and his allies threatening primary challenges to those Republicans who cross him and vote against the objections. Aides to GOP members still trying to decide what to do next describe an anxious time for the party as members grapple with what choice to make.
  • Throughout Trump's four years in office, Republicans have often expressed frustration or looked the other way at some of Trump's efforts and rhetoric, though they rarely crossed him. But in the past month, many Republicans voted to override Trump's veto of a popular defense policy bill, the first override of Trump's presidency, and McConnell blocked his attempts to give people $2,000 stimulus checks instead of the $600 in the spending and Covid-19 bill that Trump reluctantly signed.
  • "There is substantial reason for concern about the precedent Congressional objections will set here. By objecting to electoral slates, members are unavoidably asserting that Congress has the authority to overturn elections and overrule state and federal courts," Cheney wrote. "Such objections set an exceptionally dangerous precedent, threatening to steal states' explicit constitutional responsibility for choosing the President and bestowing it instead on Congress. This is directly at odds with the Constitution's clear text and our core beliefs as Republicans," she added.
  • Former House Speaker Paul Ryan discouraged his former colleagues from objecting to the election results in a statement Sunday, saying it was "difficult to conceive of a more anti-democratic and anti-conservative act than a federal intervention to overturn the results of state-certified elections and disenfranchise millions of Americans."
  • "I think that if you have a plan, it should [be] a plan that has some chance of working. And neither of the two proposals that have been advanced will produce a result," said Sen. Roy Blunt, a Republican from Missouri, who added: "I don't believe it has much long-term impact on our conference."
  • On Thursday morning, McConnell repeatedly called on Hawley to make his case to members on why he was objecting to the results from at least one state. Hawley wasn't on the call, however, and later responded by email to the conference on his rationale. Then over the weekend, multiple senators including Romney, Lisa Murkowski of Alaska and Pat Toomey of Pennsylvania skewered any questions that the election had been compromised.
  • Romney specifically said the effort to overturn the election was an "egregious ploy" that "may enhance the political ambition of some, but dangerously threatens our Democratic Republic."
  • "I read Sen. Toomey's statement," Hawley said. "I recognize that our caucus will have varied opinions about this subject. That's not surprising. But I also believe we should avoid putting words into each other's mouths," Hawley wrote.
  • "The 2020 election is over. All challenges through recounts and appeals have been exhausted. At this point, further attempts to cast doubt on the legitimacy of the 2020 Presidential election are contrary to the clearly expressed will of the American people and only serve to undermine Americans' confidence in the already determined election results," the senators said.
Javier E

Opinion | Impeachment Would Defend Congress Against Trump - The New York Times - 0 views

  • If Congress declines to impeach and convict the president for his actions on Wednesday, its failure to act will weaken the basic structure of the Constitution.
  • The key issue is this: One of the three branches of the federal government has just incited an armed attack against another branch
  • Beyond the threat to a peaceful transition, the incident was a fundamental violation of the separation of powers.
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  • Prompted by the chief executive, supporters laid siege to, invaded, and occupied the Capitol building, deploying weapons and subjecting members of both chambers of Congress to intimidation and violence in an effort to produce a particular decision by force.
  • We have all been taught about “checks and balances” in school. The Constitutional strategy for limiting power requires that officeholders defend the institutions they occupy against what the framers called “encroachments” by the other branches. Usually encroachments are understood metaphorically, and there is time to allow the branches to work out their differences in the back and forth of political negotiation and occasional court battles. The president’s attempted encroachment on the constitutional rights of Congress this past Wednesday was anything but metaphorical
  • The president aimed to reverse the decision that Congress was making on a question that the Constitution expressly reserved for the legislature.
  • At Wednesday’s rally, Mr. Trump gave some prepared remarks on the so-called evidence of election fraud, but he worried aloud that the crowd would be bored by those details. The more powerful thread running through his speech was an argument that constitutional constraints were forms of weakness, that Vice President Mike Pence and Congress should not be allowed to certify the election, and that it was time to take the gloves off and fight.
  • If the cabinet and vice president decided to remove the president temporarily from his duties through the 25th Amendment, they would protect us against some immediate dangers, but their action would do nothing to stand up for the integrity of Congress as a coequal branch of government. In fact, it would reinforce the notion that true power is concentrated only in the executive branch. Impeachment and conviction offer the only constitutionally appropriate response to the president’s encroachment on the legislative branch.
  • When James Madison described the checks and balances in Federalist No. 51, he wrote that “ambition must be made to counteract ambition” and that “the interest of the man must be connected with the constitutional rights of the place.” This means that members of Congress should feel that their personal interests and ambitions are intertwined with the power of the institution they occupy.
  • Members who said they wanted to satisfy popular sentiment questioning the election results by channeling it through a congressional commission should see that the president’s actions have made a mockery of their procedural efforts. Their place in history depends on whether they counteract the president’s ambition and resist the humiliation of Congress in the way the constitutional framers assumed any self-respecting legislator would.
  • Not so long ago, the Republican Party described itself as “the party of Lincoln” and flaunted its commitment to constitutionalism. Now, the question is whether enough Republican senators will do what is necessary to help the country step away from what Lincoln called the “mobocratic spirit,” which he identified as the greatest threat to our political institutions.
  • If Congress does not utilize the constitutional means of defending itself and deterring future attacks, this moment will come to be regarded by historians as a decisive capitulation, not just to President Trump, but to a dangerous new mode of presidential action. The precedent that a president can stir up mobs to intimidate the other branches will be set, and even if it recedes into the background for a while, eventually that precedent will be followed.
mattrenz16

Supreme Court rules in favor of Black Lives Matter organizer McKesson - CNNPolitics - 0 views

  • The Supreme Court wiped away a lower court opinion related to Black Lives Matter protests that critics argued would chill the speech rights of demonstrators and dismantle civil rights era precedent that safeguards the First Amendments' right to protest.
  • In an unsigned order, the justices sent the case back down to the lower courts to further review Louisiana law holding that before getting to important constitutional questions, more guidance from state courts is necessary.
  • Justice Amy Coney Barrett did not participate in the decision, the Supreme Court's public information officer said, because she was busy preparing for oral arguments. Justice Clarence Thomas dissented.
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  • The officer suffered from a brain injury, loss of teeth, and a head injury.
  • A federal appeals court allowed the suit to go forward in a decision that stunned civil liberties communities who argued that if the opinion is left on the books it would chill the speech rights of protesters and dismantle civil rights era precedent that safeguard's the First Amendment's right to protest. The Supreme Court has held that lawful protestors cannot be held liable when someone within their ranks commits unlawful activity.
  • "The Supreme Court has long recognized that peaceful protesters cannot be held liable for the unintended, unlawful actions of others," said American Civil Liberties Union National Legal Director David Cole, who is representing McKesson. "If the law had allowed anyone to sue leaders of social justice movements over the violent actions of others, there would have been no Civil Rights Movement. The lower court's ruling is a threat to the First Amendment rights of millions of Americans."
  • "The First Amendment does not condone physical violence," a group of First Amendment lawyers represented by Acting Solicitor General Walter Dellinger told the court in support of McKesson. Dellinger argued that while the Constitution does not excuse the attacker's "criminal, tortious and morally indefensible conduct," it does protect the organizer who "neither committed nor incited" the illegal activity.
carolinehayter

U.S. To Proceed With Executions Through Transition In Break With Precedent : NPR - 0 views

  • The Justice Department is proceeding with plans for more federal executions in the closing days of President Trump's administration
  • Attorney General William Barr announced the moves, connected with what he called "staggeringly brutal murders," in a statement late Friday.
  • If the Justice Department plan moves forward, 13 people will have faced death by lethal injection during the Trump administration. Legal experts who follow capital punishment said that would be the most since the presidency of Franklin Delano Roosevelt, who served 12 years in office before his death in 1945.
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  • Robert Dunham of the Death Penalty Information Center said the Trump Justice Department had behaved in ways that are "historically anomalous."
  • "In a normal presidency that followed the traditional norms of civility, you wouldn't see executions during a transition period," Dunham said. "The outgoing administration would defer to the incoming administration in matters like this."
  • Their legal teams say Bourgeois and Johnson suffer from intellectual disabilities and that Higgs didn't pull the trigger to kill the women. Instead, the man who admitted firing the weapon was tried separately and was sentenced to life in prison.
  • "The federal government has already presided over the executions of eight people so far this year," said Hannah Riley, a spokeswoman at the Southern Center for Human Rights. "The death penalty is always unconscionable, but it is especially egregious to carry out executions as hundreds of people are dying of COVID-19 in this country every day."
  • Dunham said the unusual moves by the Justice Department also extended to an announcement about a decision to seek capital punishment against a defendant who has not yet gone to trial.
  • The Biden transition team didn't comment directly on the Justice Department plan. But during the campaign, candidate Biden pledged to eliminate the death penalty, citing 160 people who were sentenced to capital punishment and were later exonerated.
  • Biden said he wanted to work with Congress to pass a law to eliminate federal capital punishment and "incentivize" states to follow that example.
  • Lawyers who follow federal capital punishment trends said they hoped that Biden, who supported expanding the death penalty 30 years ago, only to reverse course, had learned from hard experience that informal moratoriums don't solve the problem.
martinelligi

Here Are The 7 Republicans Who Voted To Convict Donald Trump : Trump Impeachment Afterm... - 0 views

  • Seven GOP senators voted with Democrats — the most bipartisan impeachment vote in U.S. history — but well short of the 17 needed to convict the former president
  • "When this process started, I believed that it was unconstitutional to impeach a president who was no longer in office," he said. "I still believe that to be the case. However, the Senate is an institution based on precedent, and given that the majority in the Senate voted to proceed with this trial, the question of constitutionality is now established precedent."
  • This impeachment trial is not about any single word uttered by President Trump on Jan. 6, 2021," she said. "It is instead about President Trump's failure to obey the oath he swore on January 20, 2017. His actions to interfere with the peaceful transition of power – the hallmark of our Constitution and our American democracy – were an abuse of power and constitute grounds for conviction."
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  • Murkowski said she had upheld her oath as a senator to listen to both Trump's defense team and impeachment managers impartially, but that the facts were clear to her that Trump was responsible for the violence at the Capitol.
  • This wasn't Romney's first time harshly criticizing Trump or breaking ranks with his party. He was the only Republican to vote to convict Trump on one article during the former president's first impeachment trial in 2020, and in recent weeks was called "a joke" and a "traitor" by Trump supporters while traveling from Utah to Washington, D.C.
  • "In my first speech here in the Senate in November 2015, I promised to speak out when a president – even of my own party – exceeds his or her powers," he said. "I cannot go back on my word, and Congress cannot lower our standards on such a grave matter, simply because it is politically convenient. I must vote to convict."
  • "As a result of President Trump's actions, for the first time in American history, the transfer of presidential power was not peaceful," he said. "A lawless attempt to retain power by a president was one of the founders' greatest fears motivating the inclusion of the impeachment authorities in the U.S. Constitution."
katherineharron

10 cases that could change how the Supreme Court looks at the Second Amendment - CNNPol... - 0 views

  • The Supreme Court's solid conservative majority could soon choose to take up its first major Second Amendment case in nearly a decade, positioning the court to override state laws established to limit the availability and accessibility of some firearms and when they can be carried in public.
  • It's been over a decade since 2008's landmark 5-4 ruling in District of Columbia v Heller that held the Second Amendment protects an individual's right to keep and bear arms at home for self-defense. Except for a follow-up decision two years later, the court has not weighed in significantly again.
  • "The Court's composition has changed considerably since Heller,
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  • A New York City law regulated where licensed handgun owners can take a locked and unloaded handgun, but it was changed before the court would rule after supporters of gun regulations feared the justices would take an idiosyncratic state law and use it as a vehicle to expand upon Heller. But conservative justices were clearly unhappy with how lower courts were deciding Second Amendment cases.
  • Five of the 10 cases the court is looking at ask justices to determine whether the Second Amendment allows the government to restrict the ability of citizens to carry a firearm outside the home to those with "good cause" or "justifiable need" to do so.
  • The law "effectively bars ordinary, law-abiding citizens from carrying handguns outside the home for self-defense," Paul Clement, a lawyer for Rogers, said in court papers. Clement is a former solicitor general under President George W. Bush.
  • In court papers, New Jersey said it has not "banned carrying a firearm in public; instead, the State has carefully limited public carrying to those individuals with a need to do so."
  • We hope the court will consider the issue of carry outside the home, as the lower courts have ignored existing Supreme Court precedent regarding the right to bear arms," said the NRA's Amy Hunter.
  • The plaintiffs in the Massachusetts case, including two firearm dealers and the Gun Owners' Action League, claim that the law is contrary to the decision in Heller, in which Justice Antonin Scalia wrote that Washington, DC's ban on handgun possession in the home "violates the Second Amendment."
  • Massachusetts Attorney General Maura Healey said the state's ban is on "weapons with distinct military origins that are used disproportionately in mass public shootings and killings of law enforcement officers."
  • The court also previously declined to weigh in on challenge to a Chicago suburb's ban on semiautomatic firearms with the capacity to accept more than 10 rounds of ammunition in 2015.
  • Kavanaugh testified at his Senate confirmation hearing in 2018 that he based his opinion on the Heller decision. "This is all about precedent for me," he said and noted that Scalia had said that dangerous and unusual weapons could be prohibited. Kavanaugh said it's "very important to recognize under the Heller decision that machine guns can be prohibited" but he continued that the ban at issue "seemed to fit common use and not being a dangerous and unusual weapon."
  • one case challenges the federal ban on out-of-state handgun purchases. The plaintiff, Frederic Russell Mance, Jr. attempted to sell handguns to Tracey and Andrew Hanson, who were residents of the District of Columbia, in Texas. However, federal law generally makes it illegal for a licensed firearms dealer to sell any firearm to a person who does not reside in the same state.
  • Pena v. Horan concerns California's Unsafe Handgun Act, requiring new models of semiautomatic handguns manufactured or sold in the state to include certain safety features.
  • "When the court will take another gun case, what it will be, and what the court will decide is all guesswork," said Jonathan Lowy, chief counsel and vice president of pro-gun safety organization Brady: United Against Gun Violence. "They could grant cert in these cases as soon this week, or soon after, and we will be ready to ensure that Americans' right to life is not infringed upon by the gun industry."
  • "The bottom line is that is that the American public overwhelming supports gun safety laws and what we've seen over the last two years in statehouses across the country lawmakers are responding to that," he said. "So the gun lobby is looking to the courts."
Javier E

Opinion | It's Time to Break Up Facebook - The New York Times - 1 views

  • For many people today, it’s hard to imagine government doing much of anything right, let alone breaking up a company like Facebook. This isn’t by coincidence.
  • Starting in the 1970s, a small but dedicated group of economists, lawyers and policymakers sowed the seeds of our cynicism. Over the next 40 years, they financed a network of think tanks, journals, social clubs, academic centers and media outlets to teach an emerging generation that private interests should take precedence over public ones
  • Their gospel was simple: “Free” markets are dynamic and productive, while government is bureaucratic and ineffective. By the mid-1980s, they had largely managed to relegate energetic antitrust enforcement to the history books.
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  • This shift, combined with business-friendly tax and regulatory policy, ushered in a period of mergers and acquisitions that created megacorporations
  • In the past 20 years, more than 75 percent of American industries, from airlines to pharmaceuticals, have experienced increased concentration, and the average size of public companies has tripled. The results are a decline in entrepreneurship, stalled productivity growth, and higher prices and fewer choices for consumers.
  • Because Facebook so dominates social networking, it faces no market-based accountability. This means that every time Facebook messes up, we repeat an exhausting pattern: first outrage, then disappointment and, finally, resignation.
  • Over a decade later, Facebook has earned the prize of domination. It is worth half a trillion dollars and commands, by my estimate, more than 80 percent of the world’s social networking revenue. It is a powerful monopoly, eclipsing all of its rivals and erasing competition from the social networking category.
  • Facebook’s monopoly is also visible in its usage statistics. About 70 percent of American adults use social media, and a vast majority are on Facebook products
  • Over two-thirds use the core site, a third use Instagram, and a fifth use WhatsApp.
  • As a result of all this, would-be competitors can’t raise the money to take on Facebook. Investors realize that if a company gets traction, Facebook will copy its innovations, shut it down or acquire it for a relatively modest sum
  • Facebook’s dominance is not an accident of history. The company’s strategy was to beat every competitor in plain view, and regulators and the government tacitly — and at times explicitly — approved
  • The F.T.C.’s biggest mistake was to allow Facebook to acquire Instagram and WhatsApp. In 2012, the newer platforms were nipping at Facebook’s heels because they had been built for the smartphone, where Facebook was still struggling to gain traction. Mark responded by buying them, and the F.T.C. approved.
  • Neither Instagram nor WhatsApp had any meaningful revenue, but both were incredibly popular. The Instagram acquisition guaranteed Facebook would preserve its dominance in photo networking, and WhatsApp gave it a new entry into mobile real-time messaging.
  • When it hasn’t acquired its way to dominance, Facebook has used its monopoly position to shut out competing companies or has copied their technology.
  • In 2014, the rules favored curiosity-inducing “clickbait” headlines. In 2016, they enabled the spread of fringe political views and fake news, which made it easier for Russian actors to manipulate the American electorate.
  • As markets become more concentrated, the number of new start-up businesses declines. This holds true in other high-tech areas dominated by single companies, like search (controlled by Google) and e-commerce (taken over by Amazon)
  • I don’t blame Mark for his quest for domination. He has demonstrated nothing more nefarious than the virtuous hustle of a talented entrepreneur
  • It’s on our government to ensure that we never lose the magic of the invisible hand. How did we allow this to happen
  • a narrow reliance on whether or not consumers have experienced price gouging fails to take into account the full cost of market domination
  • It doesn’t recognize that we also want markets to be competitive to encourage innovation and to hold power in check. And it is out of step with the history of antitrust law. Two of the last major antitrust suits, against AT&T and IBM in the 1980s, were grounded in the argument that they had used their size to stifle innovation and crush competition.
  • It is a disservice to the laws and their intent to retain such a laserlike focus on price effects as the measure of all that antitrust was meant to do.”
  • Facebook is the perfect case on which to reverse course, precisely because Facebook makes its money from targeted advertising, meaning users do not pay to use the service. But it is not actually free, and it certainly isn’t harmless.
  • We pay for Facebook with our data and our attention, and by either measure it doesn’t come cheap.
  • The choice is mine, but it doesn’t feel like a choice. Facebook seeps into every corner of our lives to capture as much of our attention and data as possible and, without any alternative, we make the trade.
  • The vibrant marketplace that once drove Facebook and other social media companies to compete to come up with better products has virtually disappeared. This means there’s less chance of start-ups developing healthier, less exploitative social media platforms. It also means less accountability on issues like privacy.
  • The most problematic aspect of Facebook’s power is Mark’s unilateral control over speech. There is no precedent for his ability to monitor, organize and even censor the conversations of two billion people.
  • Facebook engineers write algorithms that select which users’ comments or experiences end up displayed in the News Feeds of friends and family. These rules are proprietary and so complex that many Facebook employees themselves don’t understand them.
  • What started out as lighthearted entertainment has become the primary way that people of all ages communicate online.
  • In January 2018, Mark announced that the algorithms would favor non-news content shared by friends and news from “trustworthy” sources, which his engineers interpreted — to the confusion of many — as a boost for anything in the category of “politics, crime, tragedy.”
  • As if Facebook’s opaque algorithms weren’t enough, last year we learned that Facebook executives had permanently deleted their own messages from the platform, erasing them from the inboxes of recipients; the justification was corporate security concerns.
  • No one at Facebook headquarters is choosing what single news story everyone in America wakes up to, of course. But they do decide whether it will be an article from a reputable outlet or a clip from “The Daily Show,” a photo from a friend’s wedding or an incendiary call to kill others.
  • Mark knows that this is too much power and is pursuing a twofold strategy to mitigate it. He is pivoting Facebook’s focus toward encouraging more private, encrypted messaging that Facebook’s employees can’t see, let alone control
  • Second, he is hoping for friendly oversight from regulators and other industry executives.
  • In an op-ed essay in The Washington Post in March, he wrote, “Lawmakers often tell me we have too much power over speech, and I agree.” And he went even further than before, calling for more government regulation — not just on speech, but also on privacy and interoperability, the ability of consumers to seamlessly leave one network and transfer their profiles, friend connections, photos and other data to another.
  • I don’t think these proposals were made in bad faith. But I do think they’re an attempt to head off the argument that regulators need to go further and break up the company. Facebook isn’t afraid of a few more rules. It’s afraid of an antitrust case and of the kind of accountability that real government oversight would bring.
  • We don’t expect calcified rules or voluntary commissions to work to regulate drug companies, health care companies, car manufacturers or credit card providers. Agencies oversee these industries to ensure that the private market works for the public good. In these cases, we all understand that government isn’t an external force meddling in an organic market; it’s what makes a dynamic and fair market possible in the first place. This should be just as true for social networking as it is for air travel or pharmaceuticals.
  • Just breaking up Facebook is not enough. We need a new agency, empowered by Congress to regulate tech companies. Its first mandate should be to protect privacy.
  • First, Facebook should be separated into multiple companies. The F.T.C., in conjunction with the Justice Department, should enforce antitrust laws by undoing the Instagram and WhatsApp acquisitions and banning future acquisitions for several years.
  • How would a breakup work? Facebook would have a brief period to spin off the Instagram and WhatsApp businesses, and the three would become distinct companies, most likely publicly traded.
  • Facebook is indeed more valuable when there are more people on it: There are more connections for a user to make and more content to be shared. But the cost of entering the social network business is not that high. And unlike with pipes and electricity, there is no good argument that the country benefits from having only one dominant social networking company.
  • others worry that the breakup of Facebook or other American tech companies could be a national security problem. Because advancements in artificial intelligence require immense amounts of data and computing power, only large companies like Facebook, Google and Amazon can afford these investments, they say. If American companies become smaller, the Chinese will outpace us.
  • The American government needs to do two things: break up Facebook’s monopoly and regulate the company to make it more accountable to the American people.
  • But the biggest winners would be the American people. Imagine a competitive market in which they could choose among one network that offered higher privacy standards, another that cost a fee to join but had little advertising and another that would allow users to customize and tweak their feeds as they saw fit
  • The cost of breaking up Facebook would be next to zero for the government, and lots of people stand to gain economically. A ban on short-term acquisitions would ensure that competitors, and the investors who take a bet on them, would have the space to flourish. Digital advertisers would suddenly have multiple companies vying for their dollars.
  • The Europeans have made headway on privacy with the General Data Protection Regulation, a law that guarantees users a minimal level of protection. A landmark privacy bill in the United States should specify exactly what control Americans have over their digital information, require clearer disclosure to users and provide enough flexibility to the agency to exercise effective oversight over time
  • The agency should also be charged with guaranteeing basic interoperability across platforms.
  • Finally, the agency should create guidelines for acceptable speech on social media
  • We will have to create similar standards that tech companies can use. These standards should of course be subject to the review of the courts, just as any other limits on speech are. But there is no constitutional right to harass others or live-stream violence.
  • These are difficult challenges. I worry that government regulators will not be able to keep up with the pace of digital innovation
  • I worry that more competition in social networking might lead to a conservative Facebook and a liberal one, or that newer social networks might be less secure if government regulation is weak
  • Professor Wu has written that this “policeman at the elbow” led IBM to steer clear “of anything close to anticompetitive conduct, for fear of adding to the case against it.”
  • Finally, an aggressive case against Facebook would persuade other behemoths like Google and Amazon to think twice about stifling competition in their own sectors, out of fear that they could be next.
  • The alternative is bleak. If we do not take action, Facebook’s monopoly will become even more entrenched. With much of the world’s personal communications in hand, it can mine that data for patterns and trends, giving it an advantage over competitors for decades to come.
  • This movement of public servants, scholars and activists deserves our support. Mark Zuckerberg cannot fix Facebook, but our government can.
clairemann

Briefs Draw Battle Lines as Texas Abortion Law Nears Supreme Court - The New York Times - 0 views

  • The justices, who will hear arguments on Monday in two cases challenging the state’s near-total ban, required the parties to file their briefs with extraordinary speed.
  • The court will hear arguments on Monday in two different challenges, one brought by abortion providers in the state and the other by the Justice Department. The court’s scheduling order required the two sides to file their opening briefs simultaneously, with responses due on Friday.
  • Both challengers said the law, which bars most abortions after six weeks of pregnancy, is at odds with Roe v. Wade, which prohibits states from banning abortions before fetal viability, or around 23 weeks. They added that the law, known as Senate Bill 8, was cynically drafted to avoid review by federal courts.
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  • “S.B. 8 was designed to nullify this court’s precedents and to shield that nullification from judicial review,” wrote Brian H. Fletcher, the acting solicitor general, in the federal government’s brief. “So far, it has worked: The threat of a flood of S.B. 8 suits has effectively eliminated abortion in Texas at a point before many women even realize they are pregnant, denying a constitutional right the court has recognized for half a century.”
  • The patient may not be sued, but doctors, staff members at clinics, counselors, and people who help pay for the procedure or drive patients to it are all potential defendants. Plaintiffs do not need to live in Texas, have any connection to the abortion or show any injury from it, and they are entitled to at least $10,000 and their legal fees if they win. Defendants who win their cases are not entitled to legal fees.
  • “Where, as here, a state enacts a blatantly unconstitutional statute, assigns enforcement authority to everyone in the world and weaponizes the state judiciary to obstruct those courts’ ability to protect constitutional rights,” the brief said, “the federal courts must be available to provide relief.”
  • The law effectively deputizes ordinary citizens — including those from outside Texas — allowing them to sue clinics and others who violate the law. It awards them at least $10,000 per illegal abortion if they are successful.
  • Ken Paxton, Texas’ attorney general, filed a single brief in both cases, arguing that neither the federal government nor the providers were entitled to sue. The right way to challenge the law, Mr. Paxton said, was for abortion providers to violate it, be sued in state court, and present constitutional or other arguments as defenses.
  • “If Texas is right, no decision of this court is safe,” he wrote in his brief. “States need not comply with, or even challenge, precedents with which they disagree. They may simply outlaw the exercise of whatever constitutional rights they disfavor; disclaim enforcement by state officials; and delegate the state’s enforcement authority to members of the general public by empowering and incentivizing them to bring a multitude of harassing actions threatening ruinous liability — or, at a minimum, prohibitive litigation costs.”
kennyn-77

House, Mostly Along Party Lines, Censures Gosar for Violent Video - The New York Times - 0 views

  • A bitterly divided U.S. House of Representatives voted narrowly on Wednesday to censure Representative Paul Gosar, Republican of Arizona, for posting an animated video that depicted him killing a Democratic congresswoman and assaulting President Biden.
  • The vote was 223 to 207, with just two Republicans, Representatives Liz Cheney of Wyoming and Adam Kinzinger of Illinois, joining Democrats in favor. One other Republican, Representative David Joyce of Ohio, voted “present.”
  • They said the rapid move to pass a censure resolution exposed the Democrats’ true agenda: silencing conservatives by branding them as instigators of violence.
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  • “When a member uses his or her national platform to encourage violence, tragically, people listen,” Speaker Nancy Pelosi of California said, adding that “depictions of violence can foment actual violence, as witnessed by this chamber on Jan. 6, 2021.”
  • Mr. Gosar showed no remorse.
  • The last time the House censured one of its members, the vote capped months of humiliating headlines over tax evasion, self-dealing and other ethical lapses that had blemished the reputation of one of Congress’s most powerful and colorful characters, Representative Charles B. Rangel, Democrat of New York. Ms. Pelosi herself read out that rebuke, which passed overwhelmingly with the support of many Democrats.
  • e posting online of a crudely edited video drawn from a popular anime series — and more sinister. In his video, Mr. Gosar is depicted slashing the neck of Ms. Ocasio-Cortez, amid imagery of violence meted out against hordes of refugees and migrants.
  • “There’s an old definition of abuse of power: rules for thee but not for me,” Representative Kevin McCarthy of California, the Republican leader, said, repeating the phrase over and over. Going through a litany of House Democrats who have offended Republicans, he warned that every one of them might soon be serving — and potentially penalized — under the rules of a Republican-led House.
  • And many warned that a Republican majority — which could come as soon as 2023 — would not hesitate to take advantage of the precedents set by Democrats.
  • “They are really setting an ugly precedent, and the bad news for Democrats is that we’re going to take back the House and we’re going to hold the majority,” Ms. Greene said.
  • Not only does Mr. Gosar’s character kill Ms. Ocasio-Cortez’s, and swing swords at one with the face of Mr. Biden, but the makers of the video also include images of refugees and migrants making their way into the United States only to be repelled by brutal force.
  • Mr. Gosar has not apologized for posting the video, downplaying it as “symbolic” and privately blaming staff aides for circulating it.
  • “I don’t think this should be an issue about party, about partisan politics,” Ms. Cheney said. “If a Democrat had done this, that would require censure as well.”
  • Censure fell out of favor, and the bar for it was raised considerably, in the 20th century. In 1978, Representative Charles C. Diggs was censured after he was convicted on 11 counts of mail fraud and 18 counts of false statements in a payroll fraud investigation. On one day in 1983, Representatives Gerry E. Studds and Daniel B. Crane were both censured for having sex with 17-year-old congressional pages, criminal offenses that would likely warrant a far more dramatic response today.
Javier E

Opinion | Overturning Roe Is a Radical, Not Conservative, Choice - The New York Times - 0 views

  • What is conservative? It is, above all, the conviction that abrupt and profound changes to established laws and common expectations are utterly destructive to respect for the law and the institutions established to uphold it — especially when those changes are instigated from above, with neither democratic consent nor broad consensus.
  • As conservatives, you are philosophically bound to give considerable weight to judicial precedents, particularly when they have been ratified and refined — as Roe was by the 1992 Planned Parenthood v. Casey decision — over a long period.
  • It’s also a matter of originalism. “To avoid an arbitrary discretion in the courts,” Alexander Hamilton wrote in Federalist No. 78, “it is indispensable that they” — the judges — “should be bound down by strict rules and precedents, which serve to define and point out their duty in every particular case that comes before them.”
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  • the core purpose of the courts isn’t to engage in (unavoidably selective) textual exegetics to arrive at preferred conclusions. It’s to avoid an arbitrary discretion — to resist the temptation to seek to reshape the entire moral landscape of a vast society based on the preferences of two or three people at a single moment.
  • Beware of unintended consequences. Those include the return of the old, often unsafe, illegal abortion (or abortions in Mexico), the entrenchment of pro-choice majorities in blue states and the likely consolidation of pro-choice majorities in many purple states, driven by voters newly anxious over their reproductive rights.
  • In reality, you will be lighting another cultural fire — one that took decades to get under control — in a country already ablaze over racial issues, school curriculums, criminal justice, election laws, sundry conspiracy theories and so on.
  • And what will the effect be on the court itself? Here, again, you may be tempted to think that overturning Roe is an act of judicial modesty that puts abortion disputes in the hands of legislatures. Maybe — after 30 years of division and mayhem.
  • Yet the decision will also discredit the court as a steward of whatever is left of American steadiness and sanity, and as a bulwark against our fast-depleting respect for institutions and tradition.
  • A court that betrays the trust of Americans on an issue that affects so many, so personally, will lose their trust on every other issue as well.
  • The word “conservative” encompasses many ideas and habits, none more important than prudence. Justices: Be prudent.
Javier E

BOOM: Google Loses Antitrust Case - BIG by Matt Stoller - 0 views

  • It’s a long and winding road for Epic. The firm lost the Apple case, which is on appeal, but got the Google case to a jury, along with several other plaintiffs. Nearly every other firm challenging Google gradually dropped out of the case, getting special deals from the search giant in return for abandoning their claims. But Sweeney was righteous, and believed that Google helped ruined the internet. He didn’t ask for money or a special deal, instead seeking to have Judge James Donato force Google to make good on its “broken promise,” which he characterized as “an open, competitive Android ecosystem for all users and industry participants.”
  • Specifically, Sweeney asked for the right for firms to have their own app stores, and the ability to use their own billing systems. Basically, he wants to crush Google’s control over the Android phone system. And I suspect he just did. You can read the verdict here.
  • Google is likely to be in trouble now, because it is facing multiple antitrust cases, and these kinds of decisions have a bandwagon effect. The precedent is set, in every case going forward the firm will now be seen as presumed guilty, since a jury found Google has violated antitrust laws. Judges are cautious, and are generally afraid of being the first to make a precedent-setting decision. Now they won’t have to. In fact, judges and juries will now have to find a reason to rule for Google. If, say, Judge Amit Mehta in D.C., facing a very similar fact-pattern, chooses to let Google off the hook, well, he’ll look pretty bad.
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  • There are a few important take-aways. First, this one didn’t come from the government, it was a private case by a video game maker that sued Google over its terms for getting access to the Google Play app store for Android, decided not by a fancy judge with an Ivy League degree but by a jury of ordinary people in San Francisco. In other words, private litigation, the ‘ambulance-chasing’ lawyers, are vital parts of our justice system.
  • Second, juries matter, even if they are riskier for everyone involved. It’s kind of like a mini poll, and the culture is ahead of the cautious legal profession. This quick decision is a sharp contrast with the 6-month delay to an opinion in the search case that Judge Mehta sought in the D.C. trial.
  • Third, tying claims, which is a specific antitrust violation, are good law. Tying means forcing someone to buy an unrelated product in order to access the actual product they want to buy. The specific legal claim here was about how Google forced firms relying on its Google Play app store to also use its Google Play billing service, which charges an inflated price of 30% of the price of an app. Tying is pervasive throughout the economy, so you can expect more suits along these lines.
  • And finally, big tech is not above the law. This loss isn’t just the first antitrust failure for Google, it’s the first antitrust loss for any big tech firm. I hear a lot from skeptics that the fix is in, that the powerful will always win, that justice in our system is a mirage. But that just isn’t true. A jury of our peers just made that clear.
Javier E

Matt Ridley on Climate Change and Warm Medieval Times | Mind & Matter - WSJ.com - 1 views

  • A flurry of recent scientific papers has tried to measure the warmth of the "Medieval Warm Period" (MWP) of about 1,000 years ago. Scientists have long debated whether it was cooler or warmer than today, and whether the warmth was global or regional. The point for nonscientists: If recent warming has precedents, some might find it less alarming.
  • Until the late 1990s, researchers generally agreed that the MWP was warmer than today and that the "Little Ice Age" of 1500-1800 was colder. Then in 2001 the Intergovernmental Panel on Climate Change adopted the "hockey stick" graph devised by Michael Mann at the University of Virginia and colleagues. Using temperature indicators such as tree rings and lake sediments, the graph rewrote history by showing little warmth in the 11th century and little cold in the 17th, but a sharp spike in late-20th-century temperatures. That graph helped to persuade many people (such as me) that recent temperature rises were unprecedented in scale and speed in at least 1,400 years.
  • Four recent studies have now rehabilitated the MWP as a period of unusual warmth, though they disagree on whether it was as warm or warmer than today.
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  • Taken together, these studies cast doubt on the IPCC's conclusion in 2007 that "the evidence is not sufficient to support a conclusion that [Northern] hemispheric mean temperatures were as warm, or the extent of warm regions as expansive, as those in the 20th century as a whole, during any period in medieval times."
Javier E

The Smartphone Have-Nots - NYTimes.com - 0 views

  • Much of what we consider the American way of life is rooted in the period of remarkably broad, shared economic growth, from around 1900 to about 1978. Back then, each generation of Americans did better than the one that preceded it. Even those who lived through the Depression made up what was lost. By the 1950s, America had entered an era that economists call the Great Compression, in which workers — through unions and Social Security, among other factors — captured a solid share of the economy’s growth.
  • there’s a lot of disagreement about what actually happened during these years. Was it a golden age in which the U.S. government guided an economy toward fairness? Or was it a period defined by high taxes (until the early ’60s, the top marginal tax rate was 90 percent) and bureaucratic meddling?
  • the Great Compression gave way to a Great Divergence. Since 1979, according to the nonpartisan Congressional Budget Office, the bottom 80 percent of American families had their share of the country’s income fall, while the top 20 percent had modest gains. Of course, the top 1 percent — and, more so, the top 0.1 percent — has seen income rise stratospherically. That tiny elite takes in nearly a quarter of the nation’s income and controls nearly half its wealth.
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  • The standard explanation of this unhinging, repeated in graduate-school classrooms and in advice to politicians, is technological change.
  • This explanation, known as skill-biased technical change, is so common that economists just call it S.B.T.C. They use it to explain why everyone from the extremely rich to the just-kind-of rich are doing so much better than everyone else.
  • For all their disagreements, Autor and Mishel are allies of sorts. Both are Democrats who have advised President Barack Obama, and both agree that rampant inequality can undermine democracy and economic growth by fostering despair among workers and corruption among the wealthy
  • The change came around 1978, Mishel said, when politicians from both parties began to think of America as a nation of consumers, not of workers.
  • each administration and Congress have made choices — expanding trade, deregulating finance and weakening welfare — that helped the rich and hurt everyone else. Inequality didn’t just happen, Mishel argued. The government created it.
  • Computers and the Internet, Mishel argued, are just new examples on the continuum and cannot explain a development like extreme inequality, which is so recent. So what happened?
  • David Autor, one of the country’s most celebrated labor economists, took the stage, fumbled for his own PowerPoint presentation and then explained that there was plenty of evidence showing that technological change explained a great deal about the rise of income inequality. Computers, Autor says, are fundamentally different. Conveyor belts and massive steel furnaces made blue-collar workers comparatively wealthier and hurt more highly skilled crafts­people, like blacksmiths and master carpenters, whose talents were disrupted by mass production. The computer revolution, however, displaced millions of workers from clerical and production occupations, forcing them to compete in lower-paying jobs in the retail, fast-food and home health sectors. Meanwhile, computers and the Internet disproportionately helped people like doctors, engineers and bankers in information-intensive jobs. Inequality was merely a side effect of the digital revolution, Autor said; it didn’t begin and end in Washington.
  • Levy suggested seeing how inequality has played out in other countries
  • In Germany, the average worker might make less than an American, but the government has established an impressive apprenticeship system to keep blue-collar workers’ skills competitive.
  • For decades, the Finnish government has offered free education all the way through college. It may have led to high taxes, but many believe it also turned a fairly poor fishing economy into a high-income, technological nation.
  • On the other hand, Greece, Spain and Portugal have so thoroughly protected their workers that they are increasingly unable to compete
  • Inequality has risen almost everywhere, which, Levy says, means that Autor is right that inequality is not just a result of American-government decisions. But the fact that inequality has risen unusually quickly in the United States suggests that government does have an impact
  • Still, economists certainly cannot tell us which policy is the right one. What do we value more: growth or fairness? That’s a value judgment. And for better or worse, it’s up to us.
Javier E

Recent heat spike unlike anything in 11,000 years - Yahoo! Weather - 0 views

  • it took 4,000 years for the world to warm about 1.25 degrees from the end of the ice age to about 7,000 years ago. The same fossil-based data suggest a similar level of warming occurring in just one generation: from the 1920s to the 1940s.
  • scientists may have to go back 125,000 years to find warmer temperatures potentially rivaling today's.
  • the climate had been gently warming out of the ice age with a slow cooling that started about 6,000 years ago. Then the cooling reversed with a vengeance. The study shows the recent heat spike "has no precedent as far back as we can go with any confidence, 11,000 years arguably,"
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  • Before this study, continuous temperature record reconstruction only went back about 2,000 years. The temperature trend produces a line shaped like a "hockey stick" with a sudden spike after what had been a fairly steady line. That data came from tree rings, ice cores and lake sediments.
  • the general downward trend of temperatures that reversed 100 years ago seemed to indicate the Earth was heading either toward another ice age or little ice age from about 1550 to 1850. Or it was continuing to cool naturally until greenhouse gases from the burning of fossil fuels changed everything.
  • "We have, through human emissions of carbon dioxide and other heat-trapping gases, indefinitely delayed the onset of the next ice age and are now heading into an unknown future where humans control the thermostat of the planet,
Javier E

The Orthodox Surge - NYTimes.com - 0 views

  • In the New York City area, for example, the Orthodox make up 32 percent of Jews over all. But the Orthodox make up 61 percent of Jewish children. Because the Orthodox are so fertile, in a few years, they will be the dominant group in New York Jewry.
  • For the people who shop at Pomegranate, the collective covenant with God is the primary reality and obedience to the laws is the primary obligation. They go shopping like the rest of us, but their shopping is minutely governed by an external moral order.
  • The laws are gradually internalized through a system of lifelong study, argument and practice. The external laws may seem, at first, like an imposition, but then they become welcome and finally seem like a person’s natural way of being.
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  • The laws, in this view, make for a decent society. They give structure to everyday life. They infuse everyday acts with spiritual significance. They build community. They regulate desires. They moderate religious zeal, making religion an everyday practical reality.
  • At first piano practice seems like drudgery, like self-limitation, but mastering the technique gives you the freedom to play well and create new songs. Life is less a journey than it is mastering a discipline or craft.
  • there are still obligations that precede choice. For example, a young person in mainstream America can choose to marry or not. In Orthodox society, young adults have an obligation to marry and perpetuate the covenant and it is a source of deep sadness when they cannot.
  • “Marriage is about love, but it is not first and foremost about love,” Soloveichik says. “First and foremost, marriage is about continuity and transmission.”
Javier E

Student Debt and the Crushing of the American Dream - NYTimes.com - 1 views

  • The crisis that is about to break out involves student debt and how we finance higher education. Like the housing crisis that preceded it, this crisis is intimately connected to America’s soaring inequality, and how, as Americans on the bottom rungs of the ladder strive to climb up, they are inevitably pulled down
  • This new crisis is emerging even before the last one has been resolved, and the two are becoming intertwined. In the decades after World War II, homeownership and higher education became signs of success in America.
  • Student debt for graduating seniors now exceeds $26,000, about a 40 percent increase in just seven years. But an “average” like this masks huge variations.
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  • almost 13 percent of student-loan borrowers of all ages owe more than $50,000, and nearly 4 percent owe more than $100,000
  • Some 17 percent of student-loan borrowers were 90 days or more behind in payments at the end of 2012. When only those in repayment were counted — in other words, not including borrowers who were in loan deferment or forbearance — more than 30 percent were 90 days or more behind
  • America is distinctive among advanced industrialized countries in the burden it places on students and their parents for financing higher education. America is also exceptional among comparable countries for the high cost of a college degree, including at public universities. Average tuition, and room and board, at four-year colleges is just short of $22,000 a year, up from under $9,000 (adjusted for inflation) in 1980-81.
  • Compare this more-than-doubling in tuition with the stagnation in median family income, which is now about $50,000, compared to $46,000 in 1980 (adjusted for inflation).
  • the challenge of controlling student debt is even more unsettling. Curbing student debt is tantamount to curbing social and economic opportunity.
  • it was not surprising that total student debt, around $1 trillion, surpassed total credit-card debt last year
  • What economists call “human capital” — investing in people — is a key to long-term growth. To be competitive in the 21st century is to have a highly educated labor force, one with college and advanced degrees. Instead, we are foreclosing on our future as a nation.
  • It’s a vicious cycle: lack of demand for housing contributes to a lack of jobs, which contributes to weak household formation, which contributes to a lack of demand for housing.
  • As bad as things are, they may get worse.
  • Interest rates on federal Stafford loans were set to double in July, to 6.8 percent.  Good news came on Friday: it appears that there is a temporary reprieve, as Republicans have come around. But the stay would be temporary and would not address a more fundamental issue: if the Federal Reserve is willing to lend to the banks that caused the crisis at just 0.75 percent, shouldn’t it be willing to lend to students, who will be crucial to our long-term recovery, at an appropriately low rate?
  • a real long-term solution requires rethinking how we finance higher education. Australia has designed a system of publicly provided income-contingent loans that all students must take out. Repayments vary according to individual income after graduation. This aligns the incentives of the providers of education and the receivers. Both have an incentive to see that students do well. It means that if an unfortunate event happens, like an illness or an accident, the loan obligation is automatically reduced. It means that the burden of the debt is always commensurate with an individual’s ability to repay. The repayments are collected through the tax system, minimizing the administrative costs.
  • Some wonder how the American ideal of equality of opportunity has eroded so much. The way we finance higher education provides part of the answer. Student debt has become an integral part of the story of American inequality. Robust higher education, with healthy public support, was once the linchpin in a system that promised opportunity for dedicated students of any means. We now have a pay-to-play, winner-take-all game where the wealthiest are assured a spot, and the rest are compelled to take a gamble on huge debts, with no guarantee of a payoff.
Javier E

All the Infrastructure a Tyrant Would Need, Courtesy of Bush and Obama - Conor Frieders... - 0 views

  • Bush and Obama have built infrastructure any devil would lust after. Behold the items on an aspiring tyrant's checklist that they've provided their successors:A precedent that allows the president to kill citizens in secret without prior judicial or legislative reviewThe power to detain prisoners indefinitely without charges or trialOngoing warrantless surveillance on millions of Americans accused of no wrongdoing, converted into a permanent database so that data of innocents spied upon in 2007 can be accessed in 2027Using ethnic profiling to choose the targets of secret spying, as the NYPD did with John Brennan's blessingNormalizing situations in which the law itself is secret -- and whatever mischief is hiding in those secret interpretationsThe permissibility of droning to death people whose identities are not even known to those doing the killingThe ability to collect DNA swabs of people who have been arrested even if they haven't been convicted of anythingA torture program that could be restarted with an executive order
  • we're allowing ourselves to become a nation of men, not laws. Illegal spying? Torture? Violating the War Powers Resolution and the convention that mandates investigating past torture? No matter. Just intone that your priority is keeping America safe.
  • This isn't a argument about how tyranny is inevitable. It is an attempt to grab America by the shoulders, give it a good shake, and say: Yes, it could happen here, with enough historical amnesia, carelessness, and bad luck. We're not special. Our voters won't always pick good men and women to represent us.
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  • Stop acting like the president takes an oath to keep us safe, when his job is to protect and defend the Constitution. Doing so keeps the American project safe.
  • Past generations fought monarchies, slaveholders, and Nazis to win, expand, and protect that project. And we're so risk-averse -- not that we're actually minimizing risk -- that we're "balancing" the very rights in our Constitution against a threat with an infinitesimal chance of killing any one of us
  • the national-security state, loosed of the Constitution's safeguards, is a far bigger threat to liberty than al-Qaeda will ever be. Vesting it with more power every year -- expanding its size, power, and functions in secret without any debate about the wisdom of the particulars -- is an invitation to horrific abuses, and it renders the concept of government by the people a joke.
Javier E

The Chutzpah Caucus - NYTimes.com - 0 views

  • there is, I believe, a further obstacle to change: widespread, deep-seated cynicism about the ability of democratic governments, once engaged in stimulus, to change course in the future.
  • this cynicism, which sounds realistic and worldly-wise, is actually sheer fantasy. Ending stimulus has never been a problem — in fact, the historical record shows that it almost always ends too soon. And in America, at least, we have a pretty good record for behaving in a fiscally responsible fashion
  • In the United States, government spending programs designed to boost the economy are in fact rare — F.D.R.’s New Deal and President Obama’s much smaller Recovery Act are the only big examples. And neither program became permanent — in fact, both were scaled back much too soon. F.D.R. cut back sharply in 1937, plunging America back into recession; the Recovery Act had its peak effect in 2010, and has since faded away, a fade that has been a major reason for our slow recovery.
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  • if you look at United States history since World War II, you find that of the 10 presidents who preceded Barack Obama, seven left office with a debt ratio lower than when they came in. Who were the three exceptions? Ronald Reagan and the two George Bushes. So debt increases that didn’t arise either from war or from extraordinary financial crisis are entirely associated with hard-line conservative governments. And there’s a reason for that association: U.S. conservatives have long followed a strategy of “starving the beast,” slashing taxes so as to deprive the government of the revenue it needs to pay for popular programs.
Javier E

As Competition Wanes, Amazon Cuts Back Discounts - NYTimes.com - 0 views

  • For all the hoopla around e-books, old-fashioned printed volumes are still a bigger business. Amazon sells about one in four printed books, according to industry estimates, a level of market domination with little precedent in the book trade.
  • Even as Amazon became one of the largest retailers in the country, it never seemed interested in charging enough to make a profit. Customers celebrated and the competition languished.
  • “Amazon is doing something vitally important for book culture by making books readily available in places they might not otherwise exist,” said Ted Striphas, an associate professor at Indiana University Bloomington. “But culture is best when it is robust and decentralized, not when there is a single authority that controls the bulk of every transaction.”
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  • for many consumers there is simply no other way to get many books than through Amazon. And for some books, Amazon is, in effect, beginning to raise prices.
  • even books by Nobel Prize winners are now being sold at prices that minimally diverge from the bookstores that were driven out of business in the last decade.
  • Stockholders have pushed Amazon shares up to a record level, even though the company makes only pocket change. Profits were always promised tomorrow. Small publishers wonder if tomorrow is finally here, and they are the ones who will pay for it.
Javier E

Political Science Says: A Romney Presidency Would Be Doomed - Jack M. Balkin - The Atla... - 0 views

  • What kind of president would Mitt Romney be?
  • I'll draw on the work of Yale political scientist Stephen Skowronek, who has argued that presidents' fortunes depend on how they establish their political legitimacy in the particular circumstances under which which they assume power.
  • Our current political regime emerged in the wake of Ronald Reagan's election in 1980, and it has continued even through the Democratic presidencies of Bill Clinton and Barack Obama. It is politically conservative and skeptical of government, at least in contrast to the New Deal/civil-rights regime that preceded it. And the Republicans have been the dominant party. Skowronek's key insight is that a president's ability to establish his political legitimacy depends on where he sits in "political time": Is he allied with the dominant regime or opposed to it, and is the regime itself powerful or in decline?
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  • At best, Romney will be an affiliated president attempting to revive the Republican brand after it has been badly tarnished by George W. Bush; at worst, he will be a disjunctive president, unable to keep his party's factions together, and presiding over the end of the Reagan coalition.
  • Romney has presented himself as a pragmatic, data-driven, hands-on problem-solver. In this respect he resembles our two last disjunctive presidents, Herbert Hoover and Jimmy Carter. Yet in order to secure his party's nomination, Romney has had to twist his positions to conform to the most radical demands of the Republican base.
  • the Republican Party's policy solutions seem -- at least outside the ranks of the faithful -- increasingly ideological and out of touch. No matter what conditions the nation faces, the Republican prescription is to lower taxes, increase defense spending, and weaken the social safety net. These ideas may have made sense in the 1980s. But by 2012, they seem as irrelevant as the Democratic Party's arguments must have seemed to many Americans in 1979.
  • technocratic expertise is a tenuous strategy for maintaining political legitimacy, especially when a president must make unpopular decisions. Nor will it be enough to satisfy his base.
  • affiliated presidents have to choose which parts of the coalition to ally themselves with, risking the defection of the rest. This is the choice faced by presidents John F. Kennedy and Lyndon Johnson, who ultimately tilted in favor of a civil-rights agenda in the 1960s,
  • Affiliated presidents also face enormous pressures -- or temptations, depending on how one looks at it -- to use military force to display strength, both to the outside world and, equally important, to their political base.
  • Opposition to Barack Obama's presidency unified the Republicans. But once Obama is gone, the various factions of the party will find themselves in fierce competition, and the incoherence of the Republicans' various commitments will emerge starkly.
  • he may make George W. Bush look good by comparison. During most of Bush's eight years in office, the Republican Party was united and willing to follow his lead. Romney will not be so lucky. The party he heads has become so rigid, radical, and unrealistic that, despite his best efforts, he may end up as the last of the Reagan-era Republican leaders -- a disjunctive president like John Quincy Adams, James Buchanan, Herbert Hoover, or Jimmy Carter.
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