“The Bush Presidential Library is beautiful, and they have a huge section devoted to weapons of mass destruction, but nobody can find it.” –David Letterman
“The Bush Presidential Library is beautiful, and they have a huge section devoted to weapons of mass destruction, but nobody can find it.” –David Letterman
The Bush years were a disgrace to the United States, including repeated violations of civil liberties, abuses of power, and incompetent governing. If those who defended the American system of democract against the abuses of the Bush years were to look back and choose one moment which was particularly upsetting, the two which would undoubtedly receive the most consideration would be going to war against Iraq based upon lies and the Supreme Court decision which placed Bush in power. Of course all the abuses of the Bush years were made possible by the Supreme Court’s decision in Bush v. Gore.
If the Supreme Court had respected the democratic system, or at least took a consistent view on states’ rights, the outcome isn’t entirely clear. The partial recount which Gore was seeking before the Supreme Court intervened would have still resulted in George Bush winning, but a full recount of Florida would have given the state to Gore. (There were additional problems in Florida such as voters intending to vote for Gore but mistakenly voting for Pat Buchanan due to the format of the ballot, but there was no conceivable remedy for this). Regardless of what the outcome would have been, the Supreme Court was wrong to interfere with recounts in Florida.
Sandra Day O’Connor, who voted with the 5-4 majority to circumvent democracy, told that Chicago Tribune that the decision may have been wrong:
Retired U.S. Supreme Court Justice Sandra Day O’Connor hasn’t given much thought to which was the most important case she helped decide during her 25 years on the bench. But she has no doubt which was the most controversial.
It was Bush v. Gore, which ended the Florida recount and decided the 2000 presidential election.
Looking back, O’Connor said, she isn’t sure the high court should have taken the case.
“It took the case and decided it at a time when it was still a big election issue,” O’Connor said during a talk Friday with the Tribune editorial board. “Maybe the court should have said, ‘We’re not going to take it, goodbye.'”
The case, she said, “stirred up the public” and “gave the court a less-than-perfect reputation.”
“Obviously the court did reach a decision and thought it had to reach a decision,” she said. “It turned out the election authorities in Florida hadn’t done a real good job there and kind of messed it up. And probably the Supreme Court added to the problem at the end of the day.”
O’Connor, who was appointed by President Ronald Reagan in 1981, was the first woman to serve on the high court. Though she tended to side with the conservatives, O’Connor was known as the court’s swing vote. Her vote in the 5-4 Bush v. Gore decision effectively gave Republican George W. Bush a victory over his Democratic opponent, then-Vice President Al Gore.
There has been some good news in the Senate regarding on-line privacy rights this week. First, the Senate Judiciary Committee approved a measure to require a warrant for information on line. Current law allows the government to view information held on line for over six months, but it has become far more common to store information on line for extended periods of time since the current law was written. From Wired:
The legislation, (.pdf) sponsored by Sen. Patrick Leahy (D-Vermont), the committee’s chair, and Michael S. Lee (R-Utah) nullifies a provision of federal law allowing the authorities to acquire a suspect’s e-mail or other stored content from an internet service provider without showing probable cause that a crime was committed if the content is 180 days or older.
Under the current law, the 1986 Electronic Communications Privacy Act, the government can obtain e-mail without a warrant as long as the data has been stored on a third-party server — the cloud — for 180 days or more. The government only needs to show, often via an administrative subpoena, that it has “reasonable grounds to believe” the information would be useful to an investigation.
Initially, ECPA provided privacy to users, but that privacy protection eroded as technology advanced and people began storing e-mail and documents on servers for longer periods, sometimes indefinitely. The act was adopted at a time when e-mail wasn’t stored on servers for a long time, but instead was held briefly on its way to the recipient’s inbox. E-mail more than 6 months old was assumed abandoned.
“I think Americans are very concerned about unwarranted intrusions into our cyber lives,” Leahy said ahead of the vote.
The bill enjoys backing from a wide range of lobbying interests, from the American Civil Liberties Union to the U.S. Chamber of Commerce.
The Daily Dot reports that CISPA is probably dead in the Senate, after passing the Republican-controlled House which is less concerned about matters such as civil liberties:
Experts and sources with knowledge of the situation say the most controversial Internet bill of the year, the Cyber Information Sharing and Protection Act (CISPA), is already dead in the water.
That’s good news for the millions worldwide who have formally registered their opposition to the bill. Designed to help the U.S. fight online attacks, CISPA would make it easier for corporations that are hacked to pass what they know to government agencies—including, critics say, swaths of your private information that would otherwise be protected by law.
But though CISPA resoundingly passed the House of Representatives April 18, “it is extremely unlikely for the Senate” to vote on the bill,” the ACLU’s Michelle Richardson told the Daily Dot.
Finally, I cannot resist giving Andrew Sullivan a link for this post about on-line privacy just because I love the title: If You Give A Browser A Cookie… (For the benefit of readers who have not had small children, it is a play on If You Give a Mouse a Cookie by Laura Numeroff. I also recommend her book If You Give a Moose a Muffin.)
“Down in Texas Thursday is the opening of the George Bush Presidential Library and Think Tank. I think he’s in the shallow end.” –Jay Leno
Sometimes Rand Paul makes a lot of sense, such as when saying that the surviving suspect in the Boston Marathon bombing should be tried in civilian as opposed to military courts (which many other Republicans have been advocating):
“You know, I want to congratulate law enforcement for getting and capturing these terrorists, first of all, but what we do with them, I think we can still preserve the Bill of Rights, I see no reason why our Constitution is not strong enough to convict this young man with a jury trial, with the Bill of Rights,” Paul (R-Ky.) said on “Cavuto” on Fox Business Network. “We do it to horrible people all of the time: Rapists and murderers, they get lawyers, they get trials with juries. We seem to do a pretty good job of justice. So I think we can do it with our court system.”
If only Rand Paul and other libertarians would stick more to civil liberties issues. Then they would sound much more rational and we would have more in common with them.
I think that one reason Rand Paul and many other libertarians come across as crackpots is the company they keep. The close affiliation between libertarianism and the conservative movement has been disastrous for libertarianism. You can’t mix a pro-freedom philosophy with the views of the authoritarian right and remain consistently pro-freedom (or make much sense).
The Rand (and Ron) Paul form of libertarianism has many of the negative attributes of the far right. In the case of Ron Paul this has included racism, but this isn’t universal to all libertarians who became influenced by conservative views. This also includes support for states’ rights, which opposes excessive government power at the national level but often allows for far more restrictions on liberty at the state level (frequently at the expense of minorities.)
Many libertarians ignore religious liberty while promoting what they would describe as economic liberty. In some cases they are right to oppose unfair restrictions on business and counter-productive regulations. Far too often this really translates into opposing the types of regulation which are necessary for a free economy to work. They believe that markets are something arising from nature which must be left without restrictions, failing to realize that markets are creations of man which only work with a certain amount of regulation. This must come from government, not always Adam Smith’s invisible hand. In the worst cases, libertarianism is used to justify lack of activity against powerful business interests who exploit the pubic or harm the environment. They universally support business over government. While government is not always right in such disputes, when the system is working government provides a means for the public to work in unison against special interests which are too powerful for individuals to take on.
Many libertarians aligned with the conservative movement have adopted views of the religious right, failing to realize that mixing religion with government is one of the greatest threats to freedom we face.
Libertarians would be much more consistent supporters of individual liberty (as opposed to being opponents of government action on a national level) if they continued their support of civil liberties but also recognized the importance of separation of church and state, while giving up racism, state’s rights, and a knee-jerk opposition to economic regulation where it is needed. Of course those who hold this viewpoint are better known as liberals.
There is still a lot of time until the 2014 election but Republican Governor Rick Snyder is in serious danger of losing. An EPIC/MRA poll released today shows him even with two potential Democratic challengers. Considering the much greater name recognition of the governor, it is not a good sign for him if he is only tied before his potential opponents even begin to campaign:
Even though a big majority of recently polled Michigan voters don’t know who Democrats Mark Schauer and Bart Stupak are, the two politicians are in a dead heat with Gov. Rick Snyder in head-to-head matchups for the 2014 gubernatorial election.
Schauer of Battle Creek and Stupak of Menominee are both former state lawmakers and congressmen, and have been mentioned as potential candidates for governor, although neither has made an official announcement about running.
The poll of 600 people done April 13-16 by EPIC/MRA of Lansing showed that 56% of the people surveyed didn’t know who Stupak was and 75% didn’t know who Schauer was. The poll has a margin of error of plus or minus 4 percentage points.
And yet, Schauer holds a slim 39-38% lead over Snyder, while Stupak is a point behind Snyder at 38-39%.
“If they’re running even with Snyder and no one knows who they are, that’s an indication that Snyder is losing support,” said Bernie Porn, EPIC/MRA’s pollster.
The governor’s favorable rating hit a high of 55% in early December. But that was before controversial right-to-work legislation was passed in the raucous final days of the legislative session. Since then, Snyder’s ratings have been slipping. In the April survey, 42% of the people had a favorable view of him, while 46% had an unfavorable view. His job rating was 38% positive to 58% negative.