By: E. J. Dionne, Jr., Opinion Writer, The Washington Post, October 2, 2011
Making The Court A Priority For Progressives
This week the U.S. Supreme Court opened a new term, for the first time in Barack Obama’s presidency without a new Justice joining the high court. Also this week, two of the Justices testified before Congress in an historic hearing on the role of judges under the U.S. Constitution. A new national conversation about the third branch and the Constitution is gaining the attention of more Americans every day, and it’s one all of us should join.
History shows that nearly every major political issue ends up in the courts. Our nation’s federal courts are where social security appeals are heard, employment cases decided, immigration issues settled, and where Americans vindicate their most cherished Constitutional rights. This year is no different.
This Supreme Court term, lasting through June 2012, promises to be a significant one, with decisions affecting every American. The cases the court will decide this term alone highlight what’s really at stake for all Americans, far beyond any single election or individual term in office.
Consider these important questions the Court is poised to decide: the constitutionality of the Obama Administration’s landmark health care reform legislation; the constitutionality of warrantless surveillance of Americans using GPS tracking devices; the constitutionality of Arizona’s controversial racial profiling immigration law; questions relating to the Family and Medical Leave Act; the constitutionality of religious organizations discriminating in hiring decisions; constitutional questions about the reliability of eyewitness testimony in criminal cases (a key issue in the recent Georgia execution of Troy Davis).
This is a veritable hit parade of issues progressives, independents—indeed all Americans—care deeply about.
Until recently, the courts were generally friendly to progressive public policies. Indeed the federal courts helped to enable the social and economic progress that has made our country stronger and more inclusive over time. Courts were able to do so by adhering to the text and history of the U.S. Constitution and its amendments, and applying the Constitution’s core principles and values to questions of the day.
Conservatives, unhappy with idea that the Constitution guarantees more opportunity all our citizens instead of just for the already privileged few, have in recent years mounted a concerted political effort to remake the federal judiciary in their image: to be more activist and more closely aligned with their political views. Americans used to be able to sleep at night knowing the federal courts were good guardians of our most cherished constitutional principles. Now, the rights many Americans take for granted, like equal access at the voting booth and the ability to challenge discrimination at work, increasingly find a hostile and activist audience in the nation’s courts.
But progressives have a chance to turn the tide. Today, there are a record number of vacancies in our federal courtrooms, as a new Center for American Progress study released this week shows. Unprecedented obstruction by conservative U.S. Senators has led to an abysmal rate of judicial confirmations. This has left a level of empty judgeships not seen at any time under any president in U.S. history. Fully two thirds of the country is living in a jurisdiction without enough judges for the cases that are piling up. It means less access to justice and longer delays in court for the American worker and small business owner.
It doesn’t have to be this way. Progressives need to work together to support making our judiciary more progressive—and to support the confirmation of President Obama’s nominees. It’s time for the judiciary to be a priority for progressives.
The judges progressives want on the bench are judges for all Americans—judges who follow the text and history of the Constitution and apply it faithfully to the questions before them. At a time when the Tea Party is cherry-picking select provisions of the Constitution and discarding others to win short-term political arguments, we need the federal judiciary to be a strong guardian of all of our Constitution’s provisions and amendments for the long-term. With increasingly conservative state legislatures rolling back gains progressives have championed for decades, we need our courts to protect our Constitutional values from the political winds of the moment. These values—liberty, freedom, equality—have driven America’s progress since its founding, and are what make America exceptional around the world today.
Our courts matter for all Americans. And who is on the courts should matter to anyone who cares about the Constitution and the opportunities and protections it promises. It’s time for progressives to unite and support getting more progressive judges on the federal bench. Nothing less than the long term health of our democracy depends on it.
By: Andrew Blotky, Center for American Progress, Originally Published in Huffington Post, October 20, 2011
Five Reasons The Occupy Wall Street Movement Really Frightens The Right
The Occupy Wall Street movement really frightens the Right Wing. It is not frightening to the Right because of Congressman Eric Cantor’s feigned fear of “the mob” that is “occupying our cities.” It is not frightening because anyone is really worried that Glenn Beck is correct when he predicts that the protesters will “come for you, drag you into the street, and kill you.”
That’s not why they are really frightened — that’s the Right trying to frighten everyday Americans.
There are five reasons why the Right is in fact frightened by the Occupy Wall Street movement. None of them have to do with physical violence — they have to do with politics. They’re not really worried about ending up like Marie Antoinette. But they are very worried that their electoral heads may roll.
All elections are decided by two groups of people:
Persuadable voters who always vote, but are undecided switch hitters. This group includes lots of political independents.
Mobilizable voters who would vote for one Party or the other, but have to be motivated to vote.
The Occupy Wall Street Movement is so frightening to the Right because it may directly affect the behavior of those two groups of voters in the upcoming election.
1). The narrative
People in America are very unhappy with their economic circumstances. As a result the outcome of the 2012 election will hinge heavily on who gets the blame for the horrible economy — and who the public believes, or hopes — can lead them into better economic times.
Political narratives are the stories people use to understand the political world. Like all stories, they define a protagonist and antagonist. And political narratives generally ascribe to those central characters moral qualities — right and wrong.
For several years, the Tea Party-driven narrative has been in the ascendance to explain America’s economic woes. Its vision of the elites in government versus hard-working freedom-loving people has heavily defined the national political debate.
Of course at first glance it’s an easy case for them to make. The President, who is the head of the over-powerful, “dysfunctional” government, is in charge. Things aren’t going well — so he, and the government he runs, must be at fault.
The Occupy Wall Street movement has helped force the alternative narrative into the media and public consciousness. The recklessness and greed of the big Wall Street banks, CEO’s and top one percent — those are the culprits who sunk the economy and who have siphoned off all of the economic growth from the middle class. They and their enablers in Congress — largely Republicans — are the problem. To address the underlying economic crisis facing everyday Americans we must rein in their power.
This narrative is very compelling and, of course, it is true. It’s not that many voices haven’t framed the debate in these terms for years. But by creating a must- cover story, the Occupy Wall Street movement has forced it onto the daily media agenda. That is great news for Progressives. The longer it continues, the better.
Right Wing pundits have disparaged the Occupy Wall Street movement for not having specific “policy proposals” — but the Right knows better. The Occupy Wall Street movement is advocating something much more fundamental. It is demanding a change in the relations of power — reining in the power of Wall Street, millionaires and billionaires – the CEO class as a whole. It is demanding that everyday Americans — the 99% — share in the increases in their productivity and have more real control of their futures — both individually and as a society. Now that’s something for the Right to worry about.
2). Inside-Outside
Especially in periods when people are unhappy, the political high ground is defined by who voters perceive to be elite insiders and who they perceive to be populist outsiders. Who among the political leaders and political forces are actually agents of change?
In 2008, Barak Obama won that battle hands down. The Tea Party Movement muddied the water. It portrayed themselves as “don’t tread on me” populist outsiders doing battle with President Obama the elite, liberal insider.
Of course this ignores that the Tea Party was in many ways bought and paid for by huge corporate interests — but in the public mind it was a very compelling image.
The Right Wing has always had its own version of “class conflict.” Its “ruling class” is defined as the elite, intellectuals, bureaucrats, entertainers and academics that are out to destroy traditional values and undermine the well-being of ordinary Americans.
The Occupy Wall Street movement, coupled with the movements in Wisconsin and Ohio earlier this year, present an entirely different — and accurate — picture of who is on the inside and who is not.
3). Momentum
Politics is very much about momentum. Human beings are herding creatures — they travel in packs. People like to go with the flow. Whether in election campaigns, or legislative proposals, or social movements, or football games — the team with the momentum is much more likely to win.
The Occupy Wall Street movement has put the progressive forces in society on the offense — it has begun to build progressive momentum.
4). Movement
The Occupy Wall Street movement has managed to turn itself into a real “movement.” Movements don’t involve your normal run-of-the-mill organizing. Normally organizers have to worry about turning out people — or voters — one person or one group at a time. Not so with movements.
Movements go viral. They involve spontaneous chain reactions. One person engages another person, who engages another and so on. Like nuclear chain reactions, movements reach critical mass and explode.
That’s what makes them so potentially powerful — and so dangerous to their opposition.
Often movements are sparked by unexpected precipitating events — like the death of the fruit stand vendor in Tunisia that set off the Arab Spring. Sometimes they build around the determined effort of a few until that critical mass is reached.
In all cases movements explode because the tinder is dry and one unexpected spark can set off a wild fire.
Movements mobilize enormous resources — individual effort, money, person power – by motivating people to take spontaneous action.
The Occupy Wall Street movement in New York has spread to scores of cities — and the fire shows no sign of flaming out. It will fuel the engagement and remobilization of thousands of progressive activists and volunteers who had been demobilized and demoralized, but the sausage-making of the DC legislative process. That is a huge problem for the right that was counting on despondency and lethargy among progressives to allow them to consolidate their hold on political power in 2012.
5). Inspiration
More than anything else, in order to mount a counter-offensive against the Right wing next year, Progressives need to re-inspire our base. We need to re-inspire young people and all of the massive corps of volunteers who powered the victory in 2008.
Inspiration is critical to mobilization. It is also critical to persuasion. Swing voters want leaders who inspire them.
Inspiration is not about what people think — it’s about what they feel about themselves. When you’re inspired you feel empowered. You feel that you are part of something bigger than yourself, and that you — yourself — can play a significant role in achieving that larger goal.
The Occupy Wall Street movement has begun to inspire people all over America. That’s because people are inspired by example. They themselves are inspired if they see others standing up for themselves — speaking truth to power — standing up in the face of strong, entrenched opposition. People are inspired by heroic acts — by commitment — by people who say they are so committed that they will stay in a park next to Wall Street until they make change. That’s what happened in Egypt and Tunisia. That’s what happened in Wisconsin this spring.
The legacy of the Occupy Wall Street movement could very well be the re-inspiration of tens of thousands of Progressives — and the engagement of young people that are so important to the future of the progressive movement in America.
Right-wingers will plant provocateurs in an attempt to stigmatize the Occupy Wall Street movement with violence — to make it look frightening. But if the Movement continues with the kind of single-minded purpose and commitment that we have seen so far, the Occupy Wall Street movement may very well make history. It has already become an enormous progressive asset as America approaches the critical crossroad election that could determine whether the next American generation experiences the American Dream or simply reads about it in their history books.
By: Robert Creamer, Published in Huff Post Politics, October 12, 2011
In Seach Of Human Liberty And Equality, The Constitution Is Inherently Progressive
Progressives disagree strongly with tea party views on government, taxation, public spending, regulations and social welfare policies. But we credit the movement for focusing public debate on our nation’s history, the Constitution and the core beliefs that shape American life.
This conversation is long overdue — and too often dominated by narrow interpretations of what makes America great.
Since our nation’s founding, progressives have drawn on the Declaration of Independence’s inspirational values of human liberty and equality in their own search for social justice and freedom. They take to heart the constitutional promise that “We the People” are the ultimate source of political power and legitimacy and that a strong national government is necessary to “establish justice, … provide for the common defense, promote the general welfare and secure the blessings of liberty.”
Successive generations of progressives worked to turn these values into practice and give meaning to the American dream, by creating full equality and citizenship under law and expanding the right to vote. We sought to ensure that our national government has the power and resources necessary to protect our people, develop our economy and secure a better life for all Americans.
As progressives, we believe in using the ingenuity of the private sector and the positive power of government to advance common purposes and increase freedom and opportunity. This framework of mutually reinforcing public, private and individual actions has served us well for more than two centuries. It is the essence of the constitutional promise of a never-ending search for “a more perfect union.”
Coupled with basic beliefs in fair play, openness, cooperation and human dignity, it is this progressive vision that in the past century helped build the strongest economy in history and allowed millions to move out of poverty and into the middle class. It is the basis for American peace and prosperity as well as greater global cooperation in the postwar era.
So why do conservatives continue to insist that progressives are opposed to constitutional values and American traditions? Primarily because progressives since the late 19th century rejected the conservative interpretation of the Constitution as an unchangeable document that endorses laissez-faire capitalism and prohibits government efforts to provide a better existence for all Americans.
Progressives rightly charge that conservatives often mask social Darwinism and a dog-eat-dog mentality in a cloak of liberty, ignoring the needs of the least well-off and the nation as a whole.
As President Franklin D. Roosevelt said in his 1944 address to Congress, “We have come to a clear realization of the fact that true individual freedom cannot exist without economic security and independence. ‘Necessitous men are not free men.’ People who are hungry and out of a job are the stuff of which dictatorships are made.”
Yet according to modern conservative constitutional theory, the entire Progressive, New Deal and Great Society eras were aberrations from American norms. Conservatives label the strong measures taken in the 20th century to protect all Americans and expand opportunity — workplace regulations, safe food and drug laws, unemployment insurance, the minimum wage, limits on work hours, the progressive income tax, civil rights legislation, environmental laws, increased public education and other social welfare provisions — as illegitimate.
Leading conservatives, like Texas Gov. Rick Perry, claim that Social Security and Medicare are unconstitutional. Sen. Mike Lee (R-Utah) even argues that national child labor laws violate the Constitution.
They lash out at democratically enacted laws like the Affordable Care Act and claim prudent regulations, including oversight of polluters and Wall Street banks, violate the rights of business.
This is a profound misreading of U.S. history and a bizarre interpretation of what makes America exceptional.
There are few Americans today who believe America was at its best before the nation reined in the robber barons; created the weekend; banned child labor; established national parks; expanded voting rights; provided assistance to the sick, elderly and poor; and asked the wealthy to pay a small share of their income for national purposes.
A nation committed to human freedom does not stand by idly while its citizens suffer from economic deprivation or lack of opportunity. A great nation like ours puts forth a helping hand to those in need. It offers assistance to those seeking to turn their talents, dreams and ambitions into a meaningful and secure life.
America’s greatest export is our democratic vision of government. Two centuries ago, when our Founding Fathers met in Philadelphia to craft the Constitution, government of the people, by the people and for the people was a radical experiment.
Our original Constitution was not perfect. It wrote women and minorities out and condoned an abhorrent system of slavery. But the story of America has also been the story of a good nation, conceived in liberty and equality, eventually welcoming every American into the arms of democracy, protecting their freedoms and expanding their economic opportunities.
Today, entire continents follow America’s example. Americans are justifiably proud for giving the world the gift of modern democracy and demonstrating how to turn an abstract vision of democracy into reality.
The advancements we made collectively over the years to fulfill these founding promises are essential to a progressive vision of the American idea. The continued search for genuine freedom, equality and opportunity for all people is a foundational goal that everyone — progressives and conservatives alike — should cherish and protect.
By: John Podesta and John Halpin, Center For American Progress, Published in Politico, October 10, 2011
Can The Left Stage A Tea Party?
Why hasn’t there been a Tea Party on the left? And can President Obama and the American left develop a functional relationship?
That those two questions are not asked very often is a sign of how much of the nation’s political energy has been monopolized by the right from the beginning of Obama’s term. This has skewed media coverage of almost every issue, created the impression that the president is far more liberal than he is, and turned the nation’s agenda away from progressive reform.
A quiet left has also been very bad for political moderates. The entire political agenda has shifted far to the right because the Tea Party and extremely conservative ideas have earned so much attention. The political center doesn’t stand a chance unless there is a fair fight between the right and the left.
It’s not surprising that Obama’s election unleashed a conservative backlash. Ironically, disillusionment with George W. Bush’s presidency had pushed Republican politics right, not left. Given the public’s negative verdict on Bush, conservatives shrewdly argued that his failures were caused by his lack of fealty to conservative doctrine. He was cast as a big spender (even if a large chunk of the largess went to Iraq). He was called too liberal on immigration and a big-government guy for bailing out the banks, using federal power to reform the schools and championing a Medicare prescription drug benefit.
Conservative funders realized that pumping up the Tea Party movement was the most efficient way to build opposition to Obama’s initiatives. And the media became infatuated with the Tea Party in the summer of 2009, covering its disruptions of congressional town halls with an enthusiasm not visible this summer when many Republicans faced tough questions from their more progressive constituents.
Obama’s victory, in the meantime, partly demobilized the left. With Democrats in control of the White House and both houses of Congress, stepped-up organizing didn’t seem quite so urgent.
The administration was complicit in this, viewing the left’s primary role as supporting whatever the president believed needed to be done. Dissent was discouraged as counterproductive.
This was not entirely foolish. Facing ferocious resistance from the right, Obama needed all the friends he could get. He feared that left-wing criticism would meld in the public mind with right-wing criticism and weaken him overall.
But the absence of a strong, organized left made it easier for conservatives to label Obama as a left-winger. His health-care reform is remarkably conservative — yes, it did build on the ideas implemented in Massachusetts that Mitt Romney once bragged about. It was nothing close to the single-payer plan the left always preferred. His stimulus proposal was too small, not too large. His new Wall Street regulations were a long way from a complete overhaul of American capitalism. Yet Republicans swept the 2010 elections because they painted Obama and the Democrats as being far to the left of their actual achievements.
This week, progressives will highlight a new effort to pursue the road not taken at a conference convened by the Campaign for America’s Future that opens Monday. It is a cooperative venture with a large number of other organizations, notably the American Dream Movement led by Van Jones, a former Obama administration official who wants to show the country what a truly progressive agenda around jobs, health care and equality would look like. Jones freely acknowledges that “we can learn many important lessons from the recent achievements of the libertarian, populist right” and says of the progressive left: “This is our ‘Tea Party’ moment — in a positive sense.” The anti-Wall Street demonstators seem to have that sense, too.
What’s been missing in the Obama presidency is the productive interaction with outside groups that Franklin Roosevelt enjoyed with the labor movement and Lyndon B. Johnson with the civil rights movement. Both pushed FDR and LBJ in more progressive directions while also lending them support against their conservative adversaries.
The question for the left now, says Robert Borosage of the Campaign for America’s Future, is whether progressives can “establish independence and momentum” while also being able “to make a strategic voting choice.” The idea is not to pretend that Obama is as progressive as his core supporters want him to be, but to rally support for him nonetheless as the man standing between the country and the right wing.
A real left could usefully instruct Americans as to just how moderate the president they elected in 2008 is — and how far to the right conservatives have strayed.
Leadership: A Quality That Continues To Elude Republicans
New Jersey Gov. Chris Christie (R) delivered a closely-watched speech the other day, in which he went after President Obama over, among other things, the issue of leadership. “We continue wait and hope that our president will finally stop being a bystander in the Oval Office,” the governor said. “We hope that he will shake off the paralysis that has made it impossible for him to take on the really big things.”
The next day, I received a few emails from liberal friends, all of whom are Obama detractors from the left, who seemed giddy but bemused by the fusion of Republican talking points and liberal complaints. They don’t love Christie, but they seemed to love the rhetorical shots Christie was taking at the president.
I find much of this pretty bizarre, not just because dyed-in-the-wool lefties are applauding cheap GOP talking points, but primarily because the argument itself is so weak. John Dickerson had a good piece yesterday on the nature of presidential leadership.
What the president’s critics really mean when they say the president “isn’t leading” is that he hasn’t announced that he is supporting their plans, or that he hasn’t decided to commit public suicide by announcing a position for which they can then denounce him.
By any measure, Obama is a leader. The first stimulus plan, health care reform, and financial regulatory reform he pushed for are all significant pieces of legislation. Christie’s measurement of leadership is doing “big things” even if they are unpopular. Health care, as Republicans will tell you, represents about one-fifth of the economy. Obama certainly wasn’t facing the prospect of popularity when he pushed for changing it.
I remember taking a class on leadership and being surprised, as a naive grad student, how complicated it was. Leadership at a conceptual level seems straightforward and obvious — a person steps up, presents a vision, and encourages others to follow him or her. There is, however, far more to it than that, and there are even different models of leadership (transactional vs. transformational, for example).
But for the purposes of conversation, the notion that Barack Obama is a “bystander,” too overcome by “paralysis” to do “big things,” isn’t just wrong, it’s ridiculous. Indeed, as far as the right is concerned, the attack is itself in conflict with the conservative notion that Obama is destroying American civilization with his radical agenda. One can be a bystander and one can be a radical activist hell bent on gutting our cherished traditions from within — but one cannot be both.
Contradictions aside, what are we to use as a metric for evaluating a president as a leader? If the metric has to do with making controversial decisions to advance the greater good, Obama has clearly done this repeatedly, including his unpopular-but-successful rescue of the American auto industry. If the metric relates to accomplishments, Obama’s record is lengthy (health care, Wall Street reform, Recovery Act, DADT repeal, student loan reform, New START, etc.). If the metric has to do with making tough calls when combating enemies, Obama’s role in killing Osama bin Laden would appear to meet that standard, too.
Has Obama compromised? Sure, but so has every other successful president. Has he fallen short on several goals? Of course, but he’s leading at time of nearly impossible circumstances, after inheriting a Republican mess of unimaginable proportions, and his tenure hasn’t even lasted three years. Is Obama struggling to get things done with this tragically dysfunctional Congress? Obviously, but there’s no point in blaming the president for the structural impediments of the American system of government. As Dickerson explained, “Calling for leadership is a trick both parties use to arouse anger and keep us from thinking too much more about the underlying issue. If only we had a leader, everything would be solved, they’d like us to think. But we should think more about what it actually takes to be president — what kind of leadership works and what kind of leadership doesn’t.”
Ultimately, the president’s critics are raising the wrong complaint. For the right, the criticism should be that Obama may be an effective leader, but he’s effectively leading the nation in a liberal direction they disapprove of. For the left, the criticism should be that Obama isn’t leading the nation to the left quickly or aggressively enough.
But to characterize him as a passive bystander is absurd.
By: Steve Benen, Washington Monthly Political Animal, September 29, 2011
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