It was not a good week to celebrate the first anniversary of President
Obama's inauguration. There was, of course, the absurd return to the
political thought that the candidate who most seems to be "regular"
should get elected and a Supreme Court opinion that makes it all the
more harder to change a political system that has become so divorced
from its purpose that its very existence could be threatened in ways
that are presently somewhat unimaginable.
Yet it was a good first
year. The country's direction was slowly changed. We stand, as a
nation, for the things that made others admire us. The executive branch
is in the hands of competent people, able to respond to many of the
crisis which pop up every day. Though we could have done better, the
government did what it could do to pull us from the brink of something
even worse than what we have faced for over two years. Our goals and
intentions for protecting the world from those who seek to do harm to
others until they get their way are much clearer today and our response
in Haiti has shown us to be the way we have always seen ourselves.
It
was not, however, the great year that seemed possible one year ago
today. There is blame to go around, but, as discussed below, the system
as it exists today is rigged against progress and, under the
circumstances, it is grossly unfair to be put a disproportionate share
of the blame on the President and his staff.
Shortly before the
2008 election, in a post which appeared
here
and elsewhere, the euphoria surrounding what seemed to be the likely
outcome of the presidential election, it appeared to be necessary to
present some
perspective: something DailyKos does
not necessarily specialize in, as we near an election that could change
everything, or maybe just a few things. It will not be apparent on
November 5 which happened, no matter what the bloviators say and there
will only be so much that the progressive community can do in the short
term to push this they way we want it to be....
As Senator
Clinton suggested lo those many months ago, the election of Senator
Obama and Democratic majorities in Congress, even a supposedly "veto
proof" Senate, will not cause celestial beings to commence singing, and
we will not have the sense of liberation that, say, about 30 % of
Germany felt when the Berlin Wall fell. We might have some sense of a
lesser level "end of an era" but hardly the "end of history" that
Fukiyama famously proclaimed in 1991.
But just as a unified
Germany did not live up to the promises of nearly 50 years of division,
the end of Bush, means very little beyond, well, the end of Bush. The
people who elected or managed to get G W Bush the presidency will not
have gone away and their vote for Senator Obama, from Christopher
Buckley's to Ken Adelman's and, one supposes, David Brooks' is a
reflection of that Bush, and of Senator McCain's selection of Sarah
Palin. You can keep dreaming, if you would like, but neither Bush, nor
Gov Palin will be on any ballot in 2012....
So, yes, thanks,
oddly to George W Bush, our time has come. He has made his mark on our
country and we owe some thanks to him for showing why more competence
and less ideology is necessary in the presidency. But he will not be on
any more ballots and will soon become forgotten (though Hoover managed
to be a useful word to campaign on as late as 1964).
The point is
not to replicate the Roosevelt hundred days. That is ridiculous. The
point is to change the country in a way that will command the support of
a large majority of the public before the general cynicism about
government takes root. It does not mean sending Dick Cheney to prison,
though that may be where he belongs. There are more important things at
stake.
We failed to achieve that change. Some
of that was due to far too much caution and a pollyanish view of what we
could expect from the Republican Party, especially its supposed
"moderates." Each of those to whom we thought we could turn failed us,
failed their country and failed the people they serve, with the
exception of Senator Spector, who changed parties, partly under duress.
But
if we have failed to learn our historical lessons, They have not and it
was foolish to think they would forget the nearly fifty years of
wilderness they were forced into following the election of Franklin D.
Roosevelt and the enactment of the New Deal. People who sputter out
complaints about what the New Deal did or did not do, cannot avoid this:
that except for very brief periods in one or the other house of
Congress in the 1950s, both houses had Democratic Party majorities from
the minute President Roosevelt took over until the Reagan election of
1980. The reasons are obvious: the government went from some distant,
aloof entity generally protecting entrenched interests to a force for
change for the benefit of huge majorities of people who responded with
their votes, some reflexive long after the emergency that elected FDR
was over.
They are not going to allow that to happen again. To
allow the President and a Congress even nominally controlled by his
party to enact sweeping health care reform that our citizens will
treasure and protect they way they have with the social security system
established as apart of the New Deal, or medicare, the deferred dream of
the Roosevelt administration finally enacted to honor the memory of a
murdered President, to present yet another "third rail" of
"entitlements" that our citizens will zealously guard to prevent even a
Reagan from destroying, is not in the Republican plans.
One has
to remember, though, that the New Deal was not caused by a sudden burst
of altruism or the will of the patriarch elected in 1932, though both
were factors. The responsible core of those "in charge" in 1932 and
1933 were scared: they saw what was happening in Europe in the
aftermath of the first world war and the onset of the Great Depression.
Russia became the Soviet Union, Germany, Italy and Spain saw the rise
of fascist dictatorships and the rest of Europe teetered on the edge of
something too big to contain.
The signs were here as well: the
America Firsters, the appeal of
Huey
Long, or Father Coughlin or
Gerald
L.K. Smith, the
bonus
army's marches on Washington and Pres Hoover's intemperate response
(my only recently learning the identity of the general in charge of
that response still has me digesting that nugget), led many to fear that
unless the government did something---something---to alleviate the
situation faced by so many, the American experiment would be in
jeopardy.
We are not at that stage yet. But
as Bob
Herbert discussed so well this morning , we are headed in that
direction. I will watch the three talk shows tomorrow as I usually do,
but with only one ear cocked in their direction since there is no
question what it will be about: process, horse races, who has the
votes, who's up, who's down: what are "the people" saying about "the
direction of the country" meaning, not its real "direction" but its
political "direction": is it going more Republican or Democratic.
Nobody
will be asked about the situations so many Americans are in.
Unemployed with few prospects and no health insurance or trapped in a
bad job which they need to keep for its health insurance or the crappy
health insurance their employer has purchased or is administered by the
insurance company against the claims of the ostensibly insured. And if
they are asked, they will respond with pablum: we all want (blah, blah,
blah).
This is a recipe for disaster as discussed
here
(among many other places---this was
a
rescued diary on Daily Kos). A government which does not respond
except to those who pay for the privilege will not last forever, but as
countless others have found, it is not always changed as peacefully as
were the administrations of, say, Herbert Hoover or George W. Bush.
Which,
sadly, brings us to the worst political news of the week: the sad
culmination of a course we have been on since
Buckley v Valeo known as
Citizens
Union. Yes,
as
some have suggested, the teeth gnashing over this decision---as it
if something suddenly changed our political system which will now be
hopelessly corrupted, is almost silly. Your television must have been
broken if you did not see the Swift Boat ads destroy Sen Kerry in 2004,
and if you have not seen what the rest of us have seen particularly
since then, including the day to day commercials warning against the
enactment of health care, to believe that McCain-Feingold did not
accomplish what it set out to do. Nothing in Citizens Union changes
that equation. The 527s and everybody else with money will continue to
distort our campaigns with commercials just as they have since, at the
very latest, the 1968 election
described
so well by Joe McGinnis.
That is not why Citizens Union is
so bad for our nation. What is so bad is that the Supreme Court has now
re-enforced the gross mistake it made in Valeo. It is not that
political speech is protected by the First Amendment: of course it is.
Nothing is more protected than political speech. If pornographers are
allowed to disseminate their stuff under the First Amendment, people are
certainly allowed to express their political opinions, even ones with
which I disagree.
It is not because the Court has agreed that
corporations may engage in free speech, just as living breathing people
can. It's a foolish debate: if the corporation cannot speak, can the
people who work for it do so? Of course they can.
The mistake in
Valeo, now rock solidly the law under this horrible opinion,
was the idea that while speech cannot be banned it cannot be curtailed
in some way. It defies reason that the people who think the
New York
Times should be prosecuted for disclosing the government's attempts to
circumvent the law, also maintain the view, expressed in
Citizens
Union that any attempt to regulate the circumstances under which
political speech takes place permits the Government to
silenc[e]
certain voices at any of the various points in the speech process.
Regulation
is not "silencing." One cannot make political speeches from the pulpit
of a religious institution immune from taxation, nor can people use
government facilities to further particular political candidacies (a
laughable prohibition bent into practical insignificance these days in
many government offices, but not, generally, in most public schools).
Valeo
was wrong when it was decided. The attempts to ameliorate its
absurdities were never that effective. I do not mourn the loss of
Austin
or
McConnell.
Both put easily removed band-aids on the problem. The commercial
which shows John Kerry in black and white, in an unflattering way and
calls him a liar is not diminished by the fact that the announcer cannot
tell the voter which candidate the commercial is supporting. I
remember well
the episode of
West Wing which showed how easily the rules could be circumvented
by "soft money." If, Senator Schumer, you really think, Citizens Union
has
determined
the outcome of the 2010 election in some way beyond what Valeo did long
ago, you might want to watch that show.
Are Britain, Canada
and Israel, three common law countries, inhibiting "free speech" by
limiting the length of time a political campaign can take place? I
don't think so, but what's more important is that it is likely that any
law which purports to regulate any aspect of the "speech" component of a
political campaign in this country, will now be unconstitutional. I am
not comfortable with tampering with the First Amendment, as critical a
component of our freedom as there is, just read
the
Pentagon Papers case to see why, but I am not sure there is much of
an alternative and, since it is unlikely that the First Amendment will
be altered, a despair over our future is unavoidable. That is what is
wrong with
Citizens United.
Commercials do not scare me.
They hurt Sen Kerry, but that's the way it goes. They were baseless
and stupid but if our idiotic electorate---people who vote against
Attorney General Coakley because she did not know that Curt Schilling is
not a Yankee fan, or to teach President Obama a lesson---falls for it,
the commercial is not to blame. The electorate is.
What
frightens me is that people who can retain their position---their
job---only by soliciting money from others: our current system, will
always do what those who have the money want them to do. That is not
because they are necessarily corrupt. That is too strong a word and too
high a burden. Arguing that what this does is corrupt any recipient of
campaign funds is to easily rebutted, as witness the Court's opinion as
announced by Justice Kennedy, quoting, of all people, Justice Kennedy:
The
fact that speakers may have influence over or access to elected
officials does not mean that these officials are corrupt:
Favoritism
and influence are not . . . avoidable in representative politics. It is
in the nature of an elected representative to favor certain policies,
and, by necessary corollary, to favor the voters and contributors who
support those policies. It is well understood that a substantial and
legitimate reason, if not the only reason, to cast a vote for, or to
make a contribu-tion to, one candidate over another is that the
candi-date will respond by producing those political out comes the
supporter favors. Democracy is premisedon responsiveness.
McConnell,
540 U. S., at 297 (opinion of KENNEDY, J.).
Reliance on a
"generic favoritism or influence theory . . . is at odds with standard
First Amendment analyses because it is unbounded and susceptible to no
limiting principle."
Id., at 296.
The
appearance of influence or access, furthermore, will not cause the
electorate to lose faith in our democracy. By definition, an independent
expenditure is political speech presented to the electorate that is not
coordinated with a candidate.... The fact that a corporation, or any
other speaker, is willing to spend money to try to persuade voters
presupposes that the people have the ultimate influence over elected
officials.This is inconsistent with any suggestion that the elector-ate
will refuse "'to take part in democratic governance'"
because of additional political speech made by a corporation or any
other speaker.
McConnell, supra, at 144 (quoting
Nixon v. Shrink Missouri Government PAC, 528 U. S. 377, 390 (2000)).
What
is wrong with it is not its corrupting influence over a particular
legislator. It is its overall corruption of the system. There is
nothing wrong with giving access to a contributor, so long as
non-contributors also have access. Free speech that one has to pay for
is not free.
This is why Congress is out of touch. It is not
that they are locked into a beltway mentality as much as it is that it
is locked into the mentality of those who contribute to political
campaigns. As noted here before, there is no better example than the
health care debate to show our political system is completely and almost
frighteningly broken mainly because of the inability to regulate the
way political campaigns are financed.
This: more than Al Qaeda,
more than jobs, more than health care, is the most important issue
facing the nation. When Sen McCain was sane,
he
made the point that there is nothing that comes before Congress that is
not affected by this problem. That is why we once thought so
highly of him.
The future of our country is at stake. This is an
issue that almost always makes ones eyes glaze over, but it must be
tackled. The failure to do so is dangerous. Really.