Thursday, April 24, 2008

Sex and the Unitary Executive

Well, THAT got your attention.

OK, now that I have proven my marketing expertise with the equivalent of "Live Nude Girls" at the header, let's discuss what I alluded to in a previous post: ways in which to contain an out of control President from within his (or her) term.

First, let us dispense with, as my brother assumes, the ability of Congress to send out the Sergeant At Arms and arrest persons who display Contempt of Congress. While IN THEORY this might be effective, in practice...not so much. Any attempt to arrest, say Karl Rove or John Yoo to make them testify about who exactly gave the order to fire the US Attorneys, or what exactly was the expression on Dick Cheney's face when he ordered people tortured (glee, unbridled malice or some combination of both), would of necessity run up against either the FBI (Justice Department) or the Secret Service (Treasury Department) or both.

While a running gun battle between an aging federal pensioner and some FBI HRT gunslinger might be amusing (in a morbid curiosity sense) the obvious outcome to the standoff is...a trip to the Supreme Court. With the Justice Department lawyers (answerable to the EXECUTIVE branch) as Congress's lawyers. Yeah, I'm willing to bet they'll get RIGHT on that case...

And the Supreme's, who last bestirred themselves to alacrity in Gore v. Bush, will no doubt be inclined to let the lower courts have their way first. At length. For ten or fifteen years.

This is not a solution. It's a very long running Abbot and Costello routine ("Who's sued first?" "Exactly!")

Let us also dispense with, "Waiting until the bastard is voted out." Bush has shown us, among all the OTHER things he's done (signing statements, signing bills with Takesie-Backsies, claiming CinC powers confer the ability to not have to even listen when everyone around you says your idea is the dumbest fucking thing to come down the pike since Prohibition), exactly how QUICKLY you can pack the Voting Rights Office with Young Republican Lawyers of the opinion that Blacks and Poor Folk have NO voting rights.

Makes it kinda hard to elect Democrats when two groups routinely shat upon by Republicans can't, y'know, actually VOTE. Eventually God-Emperor McCain or Romney or whoever the hell it is will, like Gaius Octavian Caesar before him, decide to dispense with the troublesome need to even PRETEND to go through an election.

Now, and this is IMPORTANT because I don't want to wade through emails (all three of them) saying, "That's unconstitutional," what I am about to suggest will require amendments, because I must, perforce, screw with the current constitutional balances BY DEFINITION.

One: If Congress is to have the "Power of the Purse" then they need to have the fucking Power of the Purse. CONGRESS should set Department internal budgets, rather than giving the Executive the power to slosh one big honking wad of tax dollars around any way he sees fit within the 13 Appropriations Bills Congress approves. The goddamn President doesn't need a line item veto...CONGRESS does.

If they want to defund Iraq, under this scheme, then they just line out all the requests related to Iraq and the President can't shitcan all VA benefits to then restore funding for Iraq. This one, is at least arguably constitutional. The Constitution is pretty much silent on internal budgets for the various Departments of the Executive.

Not so much for my next suggestion, phrased in the form of a question: Why, in the name of Beelzubub's Big Brass Balls, is the JUSTICE Department part of the Executive Branch rather than the JUDICIAL Branch? Yes, yes. I know: "The President shall ensure that the laws be well and faithfully executed."

Is it the Framer's fault that we elected a Texan, who judging by the number of inmates he sent to "Ol' Sparky" while he was the Governor, has one, and ONLY one, definition of "executed"? Well, no.

But since Bush has shown us what it looks like, I think maybe we should take the lawyers in charge of enforcing laws governing the Executive away from an Executive who thinks laws controlling the Executive are an annoyance, rather than say, the only thing differentiating us from Zimbabwe...now that we eighty-sixed the whole, "Doesn't attach electrodes to political prisoner's balls," thing.

Yes, the Supreme's are annoying. But there's NINE of them. With about as much common purpose as a room full of cats. Plus one loud rabid nutjob of a dog, whose name rhymes with Frito. Seriously, even most of the conservative nutjobs at least care about the law, except for Thomas who, judging by how active he is on the bench during oral arguments, is mainly interested in a NAP, and Frito, I mean Alito, who's mainly interested in how many different ways you can screw the country while remaining at least arguably within the framework of the Constitution. Kinda sorta. If you squint just right.

That still leaves seven people who care about the rule of law. Who might receive a contempt of Congress citation without viewing it as another in a long series of opportunities to expand Executive authority without regard for the other two branches. Or reason. Or decency. Or anything other than an overwhelming desire for power. Unlimited, unfettered, unequaled remorseless force.

That one does require an amendment. And a respect for the principle of good government. Which is why it'll never happen.

Thursday, April 3, 2008

Tuesday, April 1, 2008

Back...Kinda Sorta...But I Am In Good Company

Back, after an extended hiatus that mainly consisted of perfecting diaper changes on the Wee Pedant. Seriously. When she turns sixteen and we have an argument and I tell her she's full of shit, I will know what I am talking about.

So I am back. And as it turns out, I'm not the only only one back. Yes! Fafblog has returned! Let the rejoicing commence.

Brief pause while I let the joyous news sink in.

Now I can commence the rant that's been building for many a week. Let's start with something the Lovely And Talented Mrs. Pedant is fond of saying, "Those Founding Fathers were geniuses."

No. No they weren't. Do you know how I know? George W. Bush. And not the way you're thinking. I am sure that they knew that second rate (and third rate) men would occupy office. Hell, half of them THOUGHT the other half were second rate men.

No. It is this: George Bush in his abuse of Executive Authority has in NO WAY clearly violated the Constitution. Sure, his (or Dick Cheney's) interpretation of "Commander In Chief" powers is, shall we say, generous...but his seeming conviction that he was elected God-Emperor of the US is not inconsistent with what Alexander Hamilton was pushing for back in 1787. He hasn't tried to eliminate the Congress...just completely and utterly ignore it. And there's nothing in the Constitution that requires him to pay any attention to Congress.

"But what about 'Checks and Balances'?" I hear you say. Let's look at the "checks" to unfettered Executive power. The Supreme Court? Yeah, maybe, except that we'll probably have colonies on Mars before that collection of egos first hears and then rules on any cases of Executive abuse. If they decide to punt it back to a Circuit Court first because the original ruling was missing a dotted "i" we could be looking at Alpha Centauri before there's a ruling. The Executive branch can do something tomorrow, the Judicial branch takes forever. The court is not capable of being a check on the Executive because the repair takes too long.

Congress. Yeah. Congress wields the "Power Of The Purse". And that, my friends, is ALL Congress wields. Subpoena? Not if the Justice Department doesn't want to enforce it, as they have refused to do on a Contempt Of Congress cite on Karl Rove. Testimony? Oversight? Not likely. (See above, Rove, Karl, Asshole, One Each)

Let's take a hypothetical, say, highly unpopular not to mention strategically disastrous war in Southwest Asia. Congress can stop that war ONLY BY CUTTING OFF ALL MONEY TO THE MILITARY ENTIRELY. Make no mistake. The Executive allocates money within the Defense Department. If Congress were to "defund" Iraq tomorrow, the ONLY thing that would happen is say, all military dependant dental care would get canceled or something like that. Unless Congress cuts off ALL money to the military the Deciderator can just shuffle funds from something else in the DoD and drive on his merry way in Iraq, like some modern Caesar hellbent on over-extending the Legions.

The "Check" Congress wields is FAR too blunt an instrument to stop a President like Idiot Boy, willing to basically say "Fuck You" to every consensual limit on his power.

George Bush has shown us a festering gaping SORE in the basic structure of our Government. Namely, that the Executive Branch has all the available moves.

I have some thoughts on this, but would like to hear comments first.

Wednesday, February 20, 2008

Fuck The Clarifications

You might be aware that Michelle Obama is "Proud" or "Really Proud" of her country for the first time in her adult life. The right wing blogs and Faux have been having a fake rage-gasm over the quote. Let me say...officially...if you don't agree with her you haven't been fucking paying attention the last thirty years.

To explain, let's go back to when she turned 18, in fact let's even make the poor woman older and go allllllll the way back to 1968. For presidents, Michelle has watched, in chronological order: a Malignant Tumor, an Ineffectual Well-Meaning Sop, an Amiable Moron, a Bloodless Technocrat, a Smarmy Morals Challenged But Competent Letch and a Not-Very-Amiable Vindictive Incompetent Uber-Moron. Hell, with that rogues gallery it's the first time I'm proud of my country and I wasted four years defending it so that the KGB couldn't listen to our phone conversations without warrants and send citizens to the Gulag to be tortured without due process. Oh, wait...

I'm beginning to understand why all those Boomers get their panties wet whenever they talk about JFK or RFK. Obama actually inspires me to do something more than shop. Had 9/11 occurred under Obama, I'm willing to bet he would have asked us all to something noble. Not to go out shopping prop up an economy he'd spent the last nine months badmouthing in an attempt to justify tax cuts he'd already decided on.

Frankly, the latest two minute hate is all the right wing in this country has left. Intellectually bankrupt, all they can do is impugn the patriotism or sanity of anyone opposing them. As someone said on a blog (and I really don't feel like digging it up, so just take my word for it), if you spend all your time implying that 45% of the country aren't really Americans, eventually that 45% is going to get really pissed off. And you don't win elections by needing to get 90% plus one of all the votes left available to you.

The only thing Obama could do that would make me prouder is flying down to Guantanamo immediately after his inauguration, personally setting off the charges that blow the prison there sky high and then remanding those responsible to the International Criminal Tribunal in the Hague starting with Cheney (if possible) and Rumsfeld (without fail). Rumsfeld can stand up all the way there.

Voter Fraud Detected in WI. Right Wing Outrage Machine...Well...OUTRAGED

Turns out there's photographic evidence that a slightly underaged voter in Wisconsin went to the polls yesterday:

If you look carefully just above the grassy knoll you'll detect an "I Voted" sticker. Clearly, this is evidence of massive voter fraud that must be addressed immediately. I understand that Red State and Michelle Malkin are, as we speak, rifling through my garbage looking for evidence that the Wee Pedant cast a ballot for the lieberal Demoncrat Barack Jihad Hussein Osama Obama.

Won't they be surprised when all they find is used diapers from the aforementioned Wee Pedant and used litter from Furperson Cat Pedant's litterbox?

Don't eat it it Michelle. :-)

Thursday, February 14, 2008

Welcome To The Jungle

You might have heard. We're having a primary here next week. I know, big surprise, huh?

By all accounts it's Obama's to lose, at least here, and Hillary has "gone negative". I'm at work and our IT department has cut us off from YouTube (due to bandwidth considerations) so I can't link to the ad but go poke around TPM or Yglesia's site, in fact let me do it for you. Here or here.

If that's a negative ad, I'm a cossack. What THAT is, is an attempt by the Clinton campaign to get some free airtime here in beer, brat n' cheddar paradise. Clinton is shedding campaign staffers faster than a Las Vegas stripper. She's writing herself 5 million dollar loans. People. Candidates do these things when they're in trouble.

Her best bet is to win Texas and Ohio. But, particularly according to Obama's folks, she'd have to CRUSH him in those states, given the Dem proportional allocation plan. Like 60-40 splits. There's a candidate who's gotten those splits, but it wasn't her. Even in California the margin was more like 55-45 and that was her best showing to date.

So, now what? She's got one hope: keep it close enough in pledged delegates that she can pick enough superdelegates up to take the nomination. Ideally without having to start a floor fight about seating Michigan and Florida...though she might try that if she's close in the pledged delegates and thinks enough supers would back her. Ideally, she is losing badly enough after Texas, Pennsylvania and Ohio that the "party elders" like Reid, Pelosi and Dean sit her down and explain that she needs to back down for the good of the party and not push for the supers to bail her out. Maybe a Senate Majority Leader nod from Reid when the time comes will put her over the edge into accepting defeat.

That doesn't look like it's going to happen, though these things have been known to change. Next best is for Obama to have enough of a lead that the supers would feel uncomfortable just ignoring it. I don't know what that number is. 100 or less is probably not enough. 300 or more would be more than enough. So I'll say 200.

Obama goes into Denver with a 200 pledged delegate lead, Hillary counts noses among the supers, comes up short and takes herself out, maybe with as little as a primetime speech but she might angle for the aforementioned Majority Leader position (and wouldn't THAT frost the Repubs ass...female Speaker, female Majority Leader, Black President and---let's assume he picks Richardson as a veep---a Hispanic Vice-President...eat THAT "Heritage Not Hate" Southern-cracker Repubs). That's second best.

Third best is Hillary goes into Denver with enough pledged delegates that the supers aren't obviously ignoring the electorate. Hillary gets the nod and heads into the general with maybe Obama as veep, or maybe not, maybe Obama turns on Illinois as a governor to position himself in 4 to 8 years.

Hillary as the nominee is third best because she energizes McCain's base and frees him to run to the middle, as opposed to catering to the flat-earth, all torture all the time-types on the lunatic fringe, which is what he'd have to do contra-Obama. Yes, I know Obama is ACTUALLY more reliably liberal than Hillary, except for Krugman's weird one-issue Universal Healthcare obsession. For the record, universal health care is important. Just not MORE IMPORTANT than our overseas image, our economic health and our environmental balance COMBINED. (Yes, Krugman's attacks are more widespread, but it started because Obama wasn't doing what Krugman wanted done on healthcare). But he isn't SEEN that way. In this, he IS Reaganesque. He can be on a wing and not SEEM to be on the wing.

Worst is if Hillary JUST ekes out enough delegates to seat Michigan and Florida through the argument that those two states are too important in the general election to dis at the convention. Which by the way, is utter bullshit. Michigan's econo-woes are too awful to go Repub and between the Crackers and Batistasitas...I mean Cuban-Americans...I think Florida goes R no matter what. So who gives a flying monkey whether they're seated...makes no difference in the end. Except. Except. *I* have given serious thought to sitting out the election if Hillary pulls that stunt. How many independants, blacks and young voters go to McCain or sit it out if Hillary pulls that stunt?

And that's always been the nasty smelly underside of Hillary's main strength. She'll do anything, and I mean ANYTHING to win the contest she's in AT THE MOMENT. Let the future take care of itself. If she does that, and then tanks in the general in a year when we should win in a walk, that's it. I'll vote in Republican primaries for the least bad option and sit out the generals. Because if we snatch defeat from the jaws of victory in this of all years, then the Democratic party needs to cease to exist, and be replaced with something worthwhile.

I don't think that happens though. I think option 2 is much more likely. I think Obama heads to Denver with enough of a lead that the Clinton's count noses and realize they've come up short. But there's always SOMEthing in the jungle waiting to chew your face off. So watch and wait.

Wednesday, February 6, 2008

So Exactly Who Won Super Duper Tuesday?

Hard to say. Let's start with, "No one sealed the deal," and look a tad deeper. Hillary won California, but that state is hard to move once it gets going in one direction or another, and her NH win probably provided at least 5 points of momentum alone.


But at Washington Monthly blog I find this: "It looks like Obama, by the narrowest of margins, won last night's delegate hunt. By our estimates, he picked up 840 to 849 delegates versus 829-838 for Clinton."

So he won. Except that many superdelegates seem to be breaking for Clinton. So she actually has about a 60 delegate lead. Who are superdelegates? I could tell you but then I'd have to ice my wrist for carpal tunnel, so instead I'll let Josh Marshall explain them.

Bottom line? This fucker may well go TO THE CONVENTION...it is more than feasible that neither Obama nor Clinton will sew it up before or even after the last primary, thanks to proportional representation and the (currently) about 500 uncommitted superdelegates, though Obama is making noises in speeches about the lack of wisdom on the part of superdelegates in contravening the expressed preference of the Democratic Polity: "Those super delegates will have to think long and hard about who they'll support because the people they represent have said, `Obama's our guy.'"

Now on the one hand, damn. That's some cold-blooded threatening. "Fail to support me, and who knows...your constituents might put horse head in your bed sometime." And then I got to thinking. That quote makes me support him more. The one thing I've known about Hillary is that she'll put the knife in and SMILE while she's doing it. We're going to need that. (That she would throw the right into spastic paroxysms of rage and impotence in addition is a feature not a bug, in my opinion.)

And Obama just showed he can play hardball too. "Want to seat those Florida and Michigan delegates? Go ahead and try...but if you fail, and I get the nomination, I. Will. Fuck. You. Up."

Good for him. We're going to need that. Hillary always could supply that cold steely resolve, and I guess Barack can too.

So let the games commence. As long as we can keep it as civil as those California Debates, and as substantive as anything moderated by Tim Russert is allowed to be, we're going to end up looking like the "Grownups' Party" rather than the "Commie-Pinko Party." And if we're seen as the grownups, we win. Period. Eight years of Idiot Manchild is MORE than enough.