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The political and pundit class loves to identify “outsider” candidates for the presidency, looking in particular to governors who have not been tarnished by the compromises and corruptions of Washington. But the trouble with being an “outsider” candidate is that, eventually, you face the same sort of scrutiny as the insiders.
Just as New Jersey Governor Chris Christie suffered a blow when the media started to examine the extent to which he mingled politics and governing, so Wisconsin Governor Scott Walker is now taking a hit that will inspire serious doubts—even among his admirers—about whether he is ready for the political prime time.
The release of 27,000 pages of e-mails from the seized computers of a former Walker aide who has since been convicted of political wrongdoing, along with more than 400 documents from the first of two major probes into scandals associated with Walker’s service as Milwaukee County executive and his gubernatorial campaigns, is shining new light on the extent to which the controversial governor’s legal, ethical and political troubles will make his transition to the national stage difficult.
The e-mails offer a powerful sense of how Walker and his aides appeared to have blurred the lines between official duties and campaigning when he was seeking the governorship in 2010—taking actions that would eventually lead to the convictions of key aides. Walker, who has steered hundreds of thousands of dollars from his campaign account into a legal defense fund, has not been charged with wrongdoing himself. But the e-mails and legal documents paint a picture of an elected official who was so focused on political positioning that he felt it necessary to order daily conference calls to "better coordinate" between aides in his Milwaukee County Executive office and campaign staff.
Walker’s county aides used a secret e-mail routing system to coordinate campaign events and fundraising, and to trash the woman who would eventually serve as Walker’s lieutenant governor as “the bane of your existence.” They circulated crude, sometimes racist messages. And as news outlets sifted through the e-mails, they found one from a top Walker appointee, administration director Cynthia Archer, telling another aide who had accessed the secret network that she was now “in the inner circle.” “I use this private account quite a bit to communicate with SKW…” wrote Archer.
Scott Kevin Walker identified himself on e-mails as “SKW.” Indeed, among the thousands of e-mails released Wednesday was one from a top Walker aide—Tim Russell, who has since been convicted and hailed. In it, he forwards a link to video of Chris Christie yelling at a reporter with the line: "skw should talk like this."
The largest paper in Wisconsin, The Milwaukee Journal Sentinel, which endorsed the governor in the past, featured a banner headline on its Thursday edition that read: "Records Link Walker to Secret Email System."
Walker—who the e-mails reveal thought “9 out of 10 requests [from reporters] are going to be traps” and ordered his county aides to generate “positive and bold stories”—was scrambling Wednesday to dismiss the download of e-mails and legal documents as “old news.” A particularly defensive governor griped about all the attention to the e-mails and documents, saying, “these people are naysayers who want things bad to happen in Wisconsin so they are going to be circling again today. It’s exactly what’s wrong with the political process that they’re hoping for something bad to happen in Wisconsin. It’s not.”
At the same time, the Republican Governors Association—which is chaired by Christie—made a six-figure television ad buy in Wisconsin to protect the governor’s position in a 2014 re-election race where polls show him leading but with support levels below 50 percent.
The e-mails and documents—which media outlets have sought for months—were released by a judge dealing with ongoing legal wrangling over the conviction of former Walker aide Kelly Rindfleisch for misconduct in public office.
Rindfleisch did not just work for Walker before he was elected governor. She was also associated with him after he took his state post, as a key fund-raiser who traveled with the governor while he raised money nationally. And her name has been linked to a new John Doe probe that reportedly has focused on wrongdoing by individuals and groups that backed the governor’s 2012 campaign to beat a recall vote.
That’s not exactly “old news.” And it comes at a particularly unfortunate moment for Walker, who cannot have been happy with a Wednesday Washington Post headline that read: “Scott Walker, eyeing 2016, faces fallout from probes as ex-aide’s e-mails are released,” and “E-mails may spell trouble for Scott Walker.” Or a Thursday New York Times report that said the emails and documents portray Walker as "having presided over an office where aides used personal computers and email to conceal that they were mixing government and campaign business."
There’s no question that Walker wants to be considered as a contender for the 2016 Republican presidential nomination. Even as he seeks re-election this year, he has been busy touring a new book that conservative commentators say “reads like one gigantic presidential trial balloon,” making the rounds of the same talk shows once frequented by Christie, and maintaining a relentless schedule of national appearances to aid Republican candidates and raise money.
With one-time GOP front-runner Christie mired in scandal, pundits who don’t know much about Walker like to imagine that he might be the next “shiny penny” for Republicans seeking a candidate from outside Washington.
But Walker’s national prospects have never looked as good as his admirers imagine. Even after Christie’s downfall, the Wisconsinite was wrestling with Louisiana Governor Bobby Jindal for last place in most state and national polls of likely Republican caucus and primary voters.
Now, just as Christie faces fallout from an aide’s revealing e-mails, so Walker faces fallout from an aide’s revealing e-mails. The circumstances may be different, and Walker has certainly tried to present himself as a less politically contentious figure than the governor of New Jersey. But when the headlines in Washington are talking about a governor facing “fallout from probes,” and the governor in question is not Chris Christie, there’s a good chance that even the most ardent Republicans will start noticing the tarnish on their shiny penny.
Read Next: The Nation launches "Project 45" to critique the 2016 presidential election.
Rand Paul says he wants a “new” Republican Party.
“I think Republicans will not win again in my lifetime for the presidency unless they become a new GOP, a new Republican Party,” the senator from Kentucky and all-but-announced 2016 presidential contender said last week.
Paul’s not talking cosmetic changes. He says the GOP must undergo “a transformation, not a little tweaking at the edges.” He wants the party to start talking about dialing down Ronald Reagan’s “war on drugs,” with an acknowledgement that “it’s disproportionately affected the poor and the black and brown among us.” He wants the party to defend basic liberties. And he reminds his fellow partisans that serious conversations about “big government” must deal with the looming presence of the military-industrial complex.
Paul’s points are well taken—up to a point.
But if he’s serious about making the Republican Party viable nationally, he’s got his directions confused.
This talk of a “new Republican Party” is silly.
If the GOP wants to get serious about reaching out to people of color, defending civil rights and civil liberties, and addressing the military-industrial complex, it doesn’t have to become “new.” It has to become old.
It must return to the values that gave it birth and that animated its progress at a time when the party contributed mightily to the advance of the American experiment.
The Republican Party was, after all, founded by abolitionists and radical immigrants who had fled Europe after the popular revolutions of 1848. They dismissed existing parties that compromised America’s founding promise of equality, and secured the presidency for a man who declared that “Republicans…are for both the man and the dollar, but in case of conflict the man before the dollar.”
The Republican Party became the home of the trust-busters and progressive reformers who laid the groundwork for a New Deal that borrowed ideas from not just Democratic platforms but from Republican agendas. It served as the vehicle of Wendell Willkie, who promoted racial justice at home, supported unions and outlined a “one-world” internationalism that sought to assure that a United Nations, rather than an overburdened United States, would police the planet in the aftermath of World War II. And it ushered into the presidency one Dwight David Eisenhower, who would finish his tenure with this warning:
In the councils of government, we must guard against the acquisition of unwarranted influence, whether sought or unsought, by the military-industrial complex. The potential for the disastrous rise of misplaced power exists and will persist.
We must never let the weight of this combination endanger our liberties or democratic processes. We should take nothing for granted. Only an alert and knowledgeable citizenry can compel the proper meshing of the huge industrial and military machinery of defense with our peaceful methods and goals, so that security and liberty may prosper together.
Indeed, if talk turns to changing the Republican brand into one that might appeal to the great mass of Americans—as Rand Paul suggests it does not now do—it must abandon the dictates of the Wall Street speculators, hedge-fund managers and right-wing billionaires who have defined its agenda toward such extremes.
Where to begin? Why not consider what made the party so appealng when it re-elected Eisenhower in 1956?
In that quite competitive election year, when the Republican ticket carried every state outside the Deep South except Missouri, the party platform declared, “We are proud of and shall continue our far-reaching and sound advances in matters of basic human needs—expansion of social security—broadened coverage in unemployment insurance—improved housing—and better health protection for all our people. We are determined that our government remain warmly responsive to the urgent social and economic problems of our people.”
The Republicans of 1956 decried “the bitter toll in casualties and resources” of military interventions abroad, promoted arms reduction, supported humanitarian aid to struggling countries and promised “vigorously to support the United Nations.”
On the domestic front, the party of Lincoln pledged to:
· “Fight for the elimination of discrimination in employment because of race, creed, color, national origin, ancestry or sex.”
· “Assure equal pay for equal work regardless of sex.”
· “Extend the protection of the Federal minimum wage laws to as many more workers as is possible and practicable.”
· “Stimulate improved job safety of our workers.”
· “Strengthen and improve the Federal-State Employment Service and improve the effectiveness of the unemployment insurance system.”
· “Protect by law, the assets of employee welfare and benefit plans so that workers who are the beneficiaries can be assured of their rightful benefits.”
But, recognizing that the government could not protect every worker in every workplace, the Republican Party declared its enthusiastic approval of trade unions and collective bargaining. Noting that “unions have grown in strength and responsibility, and have increased their membership by 2 million” since Eisenhower’s initial election in 1952, the party celebrated the fact that “the process of free collective bargaining has been strengthened by the insistence of this Administration that labor and management settle their differences at the bargaining table without the intervention of the Government.”
Eisenhower’s Republicans promised that a GOP administration and Congress would direct federal dollars toward the construction of schools, hospitals and public housing. The party pledged to fight for "the largest increase in research funds ever sought in one year to intensify attacks on cancer, mental illness, heart disease and other dread diseases” and to provide “federal assistance to help build facilities to train more physicians and scientists.”
And, of course, the Grand Old Party made a commitment to “continue to seek extension and perfection of a sound Social Security system.”
Eisenhower was no left-winger. Many Republicans who came before him (arguably Willkie, certainly Robert M. La Follette) were more liberal, as were a few (George Romney and John Lindsay) who came after him. The thirty-fourth president was, at most, a moderate, who urged the Republican Party to renew its attachment to “the overall philosophy of Lincoln: In all those things which deal with people, be liberal, be human. In all those things which deal with the people’s money or their economy, or their form of government, be conservative.” He spoke always of a balance that respected the power of government to address the great challenges of society while at the same time feared the excesses and abuses that could occur when government aligned with economic elites and industries at the expense of what he described as the nation’s essential goal: “peace with justice.”
Eisenhower closed his presidency with a prayer: “That all who are insensitive to the needs of others will learn charity; that the scourges of poverty, disease and ignorance will be made to disappear from the earth, and that, in the goodness of time, all peoples will come to live together in a peace guaranteed by the binding force of mutual respect and love.”
What Willkie, Eisenhower and their allies advocated was sometimes referred to as “modern Republicanism.” But, at its most fundamental level, what they advocated was an old Republicanism, renewed and repurposed for a modern age.
In the roughly fifty years since the party was wrestled from the grip of the “modern Republicans,” it has not become “new.” It has simply abandoned its values, its ideals, its basic premises.
Rand Paul says “you can transform a party,” and he notes, correctly, that “the parties have switched places many times throughout history.” But the transformation that the Republican Party needs—and that the United States needs the Republican Party to make—is not toward something “new.”
It is toward something older, and better, than its current incarnation.
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When it comes to media, bigger is not better. And when it comes to the control of the infrastructure of how we communicate now, the trend toward extreme bigness—as illustrated by Comcast’s plan to buy Time Warner Cable and create an unprecedented cable combine—is accelerating at a dangerous pace.
In the aftermath of a federal court decision striking down net neutrality protections that were developed to maintain an open and freewheeling discourse on the Internet, and with journalism threatened at every turn by cuts and closures, the idea of merging Comcast and Time Warner poses a threat that ought to be met with official scrutiny and grassroots opposition.
The point of the free-press protection that is outlined in the First Amendment is not to free billionaire media moguls and speculators to make more money. The point is to have a variety of voices, with multiple entry points for multiple points of view and a communications infrastructure that fosters debate, dissent and democratic discourse.
When media conglomerates merge, they do not provide better service or better democracy. They create the sort of monopolies and duopolies that constrain America’s promise. Franklin Delano Roosevelt was right when he decried “concentration of economic power in the few” and warned that “that business monopoly in America paralyzes the system of free enterprise on which it is grafted, and is as fatal to those who manipulate it as to the people who suffer beneath its impositions.”
Merging the two largest cable providers is a big deal in and of itself—allowing one company to become a definitional player in major media markets across the country—but this goes far beyond cable. By expanding its dominance of video and Internet communications into what the Los Angeles Times describes as a “juggernaut” with 30 million subscribers, the company that already controls Universal Studios can drive hard bargains with content providers. It can also define the scope and character of news and public-service programming in dozens of states and hundreds of major cities—including Chicago, Los Angeles, Philadelphia, New York City and Washington, DC.
That’s too much power for any one corporation to have, especially a corporation that has been on a buying spree. Comcast already controls NBCUniversal and a broadcast and cable empire that includes NBC, CNBC, MSNBC, the USA Network, Telemundo and various other networks.
It’s bad for consumers.
“In an already uncompetitive market with high prices that keep going up and up, a merger of the two biggest cable companies should be unthinkable. The deal would be a disaster for consumers and must be stopped,” says Craig Aaron, the president of the media-reform group Free Press.
It’s bad for musicians, documentary makers and other creators.
“Comcast’s proposed takeover of Time Warner would give one company incredible influence over how music and other media is accessed and under what conditions,” says Casey Rae, interim executive director of the Future of Music Coalition, who noted “the ever present danger of a huge corporation like Comcast—which already owns a major content company—disadvantaging competition or locking creators into unfair economic structures.”
And it is bad for the democratic discourse of a nation founded on the premise memorably expressed by Thomas Jefferson in 1804 when he wrote, “No experiment can be more interesting than that we are now trying, and which we trust will end in establishing the fact, that man may be governed by reason and truth. Our first object should therefore be, to leave open to him all the avenues to truth. The most effectual hitherto found, is the freedom of the press.”
The idea that “all the avenues to truth” would be controlled by a monopoly, a duopoly or any small circle of multinational communications conglomerates is antithetical to the understanding of the authors of a free press, and of its true defenders across the centuries.
So yes, US Senator Al Franken—the Minnesota Democrat who has proven to be one of the most serious and savvy congressional watchdogs on communication policy—is absolutely right when he says, “There’s not enough competition in this space; we need more competition. This is going in the wrong direction.”
Franken has written to the US Department of Justice, the Federal Trade Commission and the Federal Communications Commission, urging each of them “to act quickly and decisively to ensure that consumers are not exposed to increased cable prices and decreased quality of service as a result of this transaction.”
The FCC, in particular, has broad authority to review telecommunications-industry mergers, with an eye toward determining whether they are in the public interest. And watchdog groups have been pressuring the commission’s new chairman, Tom Wheeler, to assert the FCC’s authority. For Wheeler, a former president of the National Cable and Telecommunications Association, the lobbying organization for the cable industry, this is will be a critical test of his leadership.
But challenges to this proposed merger must also come from the anti-trust lawyers at the Department of Justice and the congressional watchdogs over consolidation and monopoly issues.
“Stopping this kind of deal is exactly why we have antitrust laws,” says Free Press’s Aaron.
The congressional role cannot be underestimated. The Department of Justice, the FTC and the FCC get cues from Congress. And the voices of members of the House and Senate will play a critical role in determining whether the merger goes forward.
Some of the initial signals have been good.
“This proposed merger could have a significant impact on the cable industry and affect consumers across the country,” says Minnesota Democrat Amy Klobuchar, the chair of the Senate Antitrust Subcommittee, who announced: “I plan to hold a hearing to carefully scrutinize the details of this merger and its potential consequences for both consumers and competition.”
But hearings will not be enough. The Senate, in particular, must send clear signals.
Former FCC Commissioner Mike Copps is precisely right when he says of the idea of creating an even larger telecommunications conglomerate, “This is so over the top that it ought to be dead on arrival at the FCC.”
Copps, who now serves as a special adviser to Common Cause’s Media and Democracy Reform Initiative, is also right when he says, “The proposed deal runs roughshod over competition and consumer choice and is an affront to the public interest.”
But the public interest will prevail only if the public, and its elected representatives, raise an outcry in defense of the robust competition that opens “all the avenues to truth.”
John Nichols is a co-founder, with Robert W. McChesney, of Free Press. Nichols and McChesney are the authors of the book The Death and Life of American Journalism: The Media Revolution that Will Begin the World Again (Nation Books).
Read Next: John Nichols on Internet neutrality and the FCC.
In a globalized economy, there are two paths that countries can take: a low road and a high road.
Too frequently in recent decades, the United States has taken the low road, embracing so-called “free-trade” agreements and encouraging domestic “competition” between the states that encourages a race to the bottom when it comes to wages, benefits, environmental rules and consumer protections. The evidence of the failure of this choice is evident nationwide, from the shuttered appliance plants of Iowa to the shuttered steel mills of Indiana to the shuttered textile mills of the Carolinas.
Other countries chose a different route: the high road. In Germany, for instance, a combination of industrial policies and innovative workplace agreements helped traditional industries to modernize and remain dominant players on the global stage. Indeed, as the Great Recession took hold, it was the strength and resilience of the German economy that provided a measure of stability for Europe.
One of the reasons why Germany has adapted with such agility to the changing economic and structural demands of the globalized economy is the respect that German corporations accord workers. The country has strong unions. And its factories also have “works councils,” elected bodies that represent the workers and help management make decisions on issues ranging from the hours a plant operates to the training workers might receive. “It is no accident that [German] workforces have a reputation for being highly skilled,” notes Thomas Geoghegan, the veteran labor lawyer and author.
Experts on “works councils,” such as University of Illinois law professor Matthew Finkin, a member of the governing board of the Institute for Labor Law and Labor Relations in the European Union in Trier, Germany, and Thomas A. Kochan, the co-director of the Institute for Work and Employment Research at the MIT Sloan School of Management, argue that they are “one of the best, most innovative features of Germany’s labor relations system.”
“They have been shown,” Finkin and Kochan note, “to enhance efficiency, adoptability and cooperation. By supporting the use of work sharing (agreeing to reduce everyone’s hours rather than laying some people off), for example, these councils helped Germany experience less unemployment during the Great Recession and a faster, more robust, recovery since then.”
Sounds like an idea that the United States might want to borrow, right?
The United Auto Workers union thinks so. As part of an effort to organize workers at the Volkswagen plant in Chattanooga, Tennessee, the union has agreed to a bold experiment with the “works council” approach. The union is offering to surrender what Geoghegan describes as “its most precious right—that of being the ‘exclusive representative’ of workers” in the Chattanooga plant—to clear the way for the election of a works council of blue-collar and white-collar employees to help run the plant.
The works council in Chattanooga would become part of a global network of councils at VW plants, giving American autoworkers at least some say with regard to a wide range of corporate decisions, including choices about technology, training and where to locate new production. Volkswagen officials in Germany are agreeable, so the initiative will go forward if the 1,600 hourly workers at the plant vote to agree to UAW representation this week. If the union wins the vote, it will be positioned to bargain with the company on wage and benefit issues. And workers (be they union members or not) will, as the UAW explains, “have an integral role in co-managing the company.”
“Together, Volkswagen Group of America and the UAW will set a new standard in the US for innovative labor management relations that benefits the company, the entire workforce, shareholders and the community in general,” says the UAW, which is gambling on a new approach that—while it involves the controversial surrender of some union power over work rules and related issues—could revolutionize labor relations in Southern “right-to-work” states” and perhaps nationally.
“Volkswagen and UAW are working to redefine American labor-management relations for the better by creating a ‘works council’ at the Chattanooga plant…,” notes Congressman Steve Cohen, a Tennessee Democrat. “It would be revolutionary for the manufacturing industry, fostering more collaboration between management and workers on everything from plant rules to working hours and leave policies.”
“Everyone involved—Tennessee, Volkswagen and our citizens—would benefit,” says Cohen.
But that does not mean everyone is for it. As the congressman notes, “deep-pocketed, Washington-based special interest groups have stepped in…to discourage workers at the VW plant from joining the UAW, even though Volkswagen itself is not opposing unionization.”
Anti-labor groups such as the Grover Norquist–tied Center for Worker Freedom, and the “National Right to Work Legal Defense Foundation,” a favorite of billionaire donors Charles and David Koch, have been working hard to block unionization of the Chattanooga plant, which is a necessary first step to establishing the works council. The anti-union forces have got powerful allies, including Tennessee Governor Bill Haslam and Tennessee Senator Bob Corker, Republican politicians who have long embraced the race-to-the-bottom policies favored by wealthy campaign donors. Corker has been blunt about the appeal of giving workers a voice in the direction of their workplaces. Indeed, he admits that if workers in Chattanooga embrace the union and works council approach, “then its BMW, then its Mercedes, then it’s Nissan, hurting the entire Southeast if they get the momentum.”
On the eve of the vote, key Republican legislators suggested unionization of the plant could threaten future state subsidies for the Volkswagen plant.
The notion that respecting workers, and getting their input on how to run factories, would hurt “the entire Southeast” is classic race-to-the-bottom thinking. Corker and his compatriots are suggesting that Southern states need to limit the rights of workers in order to compete. But that sort of “competition” has depressed wages in the South and nationally, undermining the middle class and, as Congressman Cohen notes, widening “the opportunity gap between hardworking Americans and the CEOs.”
If the union gains a foothold at the VW plant, and if the works council experiment succeeds, Geoghegan suggests it “might turn the world of the South’s workers upside down.”
But it could do a good deal more than that, Finkin and Kochan argue: “Implementing a works council at Volkswagen’s Tennessee plant could usher in the next-generation labor-management partnership and demonstrate that the United States can learn from and adapt innovations of proven value from other nations.”
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In 1941, under pressure from Brotherhood of Sleeping Car Porters union president A. Philip Randolph and a burgeoning civil rights movement, President Franklin Delano Roosevelt issued Executive Order 8802, which required that defense contracts include provisions to bar private contractors from discriminating on the basis of race, creed, color or national origin. The order also established the President’s Committee on Fair Employment Practice, which was empowered to investigate discrimination cases and “to take appropriate steps to redress grievances which it finds to be valid.”
In 1943, President Roosevelt issued Executive Order 9346, which applied the anti-discrimination requirement to all government contractors.
In 1948, again under pressure from Randolph and his allies, President Harry S. Truman issued Executive Order 9981, which banned discrimination in the US military. “It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race, color, religion or national origin,” read the order, which established a high-level committee to investigate instances of bias and to make recommendations for how to eliminate it.
In 1951, President Truman issued Executive Order 10308, which created the federal Committee on Government Contract Compliance, which was charged with assuring that federal contractors continued, in the post–World War II era, to comply with the non-discrimination provisions of Executive Order 8802.
In 1953, President Dwight David Eisenhower issued Executive Order 10479, which established the President’s Advisory Committee on Government Organization (an expansion of the Government Contract Committee) to assure that federal contractors respected all anti-discrimination orders and initiatives. Eisenhower’s order declared, “It is the obligation of the contracting agencies of the United States Government and government contractors to ensure compliance with, and successful execution of, the equal employment opportunity program of the United States Government.”
In 1961, President John Fitzgerald Kennedy issued Executive Order 10925, which required government contractors to “take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color or national origin.” Kennedy’s order also created the President’s Committee on Equal Employment Opportunity, which was to work with federal agencies to advance the initiative. It was chaired by Vice President Lyndon Baines Johnson.
In 1965, President Johnson issued Executive Order 11246, which expanded federal programs to combat discrimination and implement affirmative action programs. The order specifically prohibited “federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, or national origin.” And it gave the Secretary of Labor the job of administering the order’s anti-discrimination protections and initiatives. “Today,” according to the Department of Labor, “Executive Order 11246, as amended and further strengthened over the years, remains a major safeguard, protecting the rights of workers employed by federal contractors—approximately one-fifth of the entire US labor force—to remain free from discrimination on the basis of their gender, race, religion, color or national origin…and opening the doors of opportunity through its affirmative action provisions.”
Presidents, from George Washington on, have issued executive orders. And in the last century, executive orders have been closely—and consistently—tied to the improvement of the circumstance of workers employed by federal contractors.
So it came as no great surprise when, in his 2014 State of the Union address, President Obama indicated that he would issue executive orders to address pressing issues that fall within his range of responsibility. Specifically, he said he would, like the presidents before him, use his authority to place requirements on federal contractors—including a provision assuring that employers of corporations that gain federal contracts in the future will pay their employees at least $10.10 an hour.
Reasonable people can and should debate the limits of presidential power, particularly when it comes to issues of war and peace, and questions about spying on Americans or politicizing positions of public trust. Any serious discourse on executive overreach would find plenty to criticize in the approaches of all recent presidents—including President Obama.
But “reasonable” and “serious” are not the words that come to mind as the most powerful and prominent Republicans in Congress attack their president’s decision to issue the latest in a long line of executive orders with regard to federal contracts and contractors.
House Budget Committee chairman Paul Ryan, R-Wisconsin, declared, “We have an increasingly lawless presidency where he is actually doing the job of Congress, writing new policies and new laws without going through Congress. Presidents don’t write laws, Congress does.”
Senator Ted Cruz, R-Texas, announced, “Of all the troubling aspects of the Obama presidency, none is more dangerous than the president’s persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat.”
House Speaker John Boehner, R-Ohio, accused the president of “feeding more distrust about whether he’s committed to the rule of law.” And Congressman Steve King, R-Iowa, said that when Obama told federal contractors how to treat their employees, the president had acted in an “unconstitutional” manner.
If anything, in the weeks since the president’s address, the charges of “lawlessness” have intensified. On Monday, the DC-insider journal Politico featured a gallery of Republican lawmakers and prominent conservatives under the headline “15 Times White House Was Labeled Lawless.”
So here are the questions that might be asked of President Obama’s critics:
Were Roosevelt, Truman, Eisenhower, Kennedy and Johnson lawless presidents?
Did Roosevelt, Truman, Eisenhower, Kennedy and Johnson rule by executive fiat?
Did Roosevelt, Truman, Eisenhower, Kennedy and Johnson feed distrust about whether they were committed to the rule of law?
Did Roosevelt, Truman, Eisenhower, Kennedy and Johnson act in an “unconstitutional manner” when they told federal contractors what to do?
Or is it just President Obama who is “lawless”?
And if by chance, some of the critics might argue that Roosevelt, Truman, Eisenhower, Kennedy and Johnson were “lawless,” then how long would those critics have asked the victims of discrimination to wait for reluctant Congresses to act to eliminate Jim Crow laws and barriers to the American promise that outlined in the immortal declaration that “all men [and women] are created equal.”
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There are not enough prominent political figures, in either of this country’s two major parties, who are willing to call rich guys out.
And there are even fewer who do so with delight.
But Vice President Joe Biden would like Democrats to know that he is up to the task.
Biden earned the predictable headlines last week when he flipped the “on” switch with regard to a possible 2016 presidential run, telling CNN “There’s no obvious reason for me why I think I should not run.”
Never mind the polling that gives former Secretary of State Hillary Clinton a sixty-one-point lead in the race among the as-yet-unannounced contenders for the 2016 Democratic nomination, Biden’s laying down his marker. That doesn’t mean he will run. But Biden has read the polls that show the Democratic base is ready, very ready, for an economic populist appeal.
And he is providing it—with a bow to Pope Francis.
Speaking Wednesday at the United Auto Workers legislative conference in Washington, Biden noted that billionaire Ken Langone has been griping about Pope Francis. Fretting about the general difficulty of getting his fellow billionaires to make charitable donations, the business mogul complains that the pontiff’s talk about income inequality is “one more hurdle I hope we don’t have to deal with.”
“A couple weeks ago Ken Langone, who I don’t know, a billionaire founder of Home Depot, predicted that the pope—Pope Francis’s critique of income inequity—will be, quote, ‘a hurdle’ for very wealthy Catholic donors, who seem to think hurt feelings trump the teachings of the Bible,” the vice president recalled. “As a practicing Catholic, bless me, Father, for he has sinned.”
The UAW members reacted with wild applause.
It wasn’t just that Biden’s observation was spot on.
It was also that too few politicians—and even fewer prospective 2016 presidential contenders—are so willing as the vice president to “go there.” That is, to make an old-fashioned populist appeal that is all but certain to be decried by the right-wing punditocracy as “class warfare.”
Biden did not stop with his defense of Pope Francis, who the vice president says “shares a vision that all of us share, to reach out to the poor and the dispossessed.”
He absolutely, unapologetically and energetically embraced the trade union movement.
“You guys are the only guys keeping the barbarians at the gates, man,” declared Biden.
“The truth of the matter is, you built the middle class. Labor built the middle class,” the vice president continued. “You never leave anybody behind—even when it costs you politically and when it doesn’t benefit you directly.”
Labor’s commitment to economic justice, Biden said, explains why corporate-funded conservative groups, and their legislative minions, are attacking collective-bargaining rights. “These guys on the right—they know without you there—they call every shot,” he said. For that reason, he said, they have launched “a concerted, full-throated, well-organized, well-financed, well-thought-out effort waging war on labor’s house.”
The vice president did not deny that the right has had its successes, in Indiana, Michigan, Wisconsin and other states. That, he said, is why it is necessary to “be vigilant and unrelenting in our fight to protect and expand collective bargaining.”
There is no subtlety with Biden.
But there is a subtext.
In a Democratic Party that is sick with compromisers and concessionists, the vice president is savvy enough to present himself as a happy class warrior. That doesn’t mean he’s better on the issues than Senator Elizabeth Warren or Senator Bernie Sanders or any other “dream” candidate. But if no prominent progressive populist runs, Biden is suggesting that he would be willing, make that delighted, to fill the void.
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It says something about the state of the debate these days that Americans now must decide whether they are with the Girl Scouts or against them.
As for me, I’m with the Girl Scouts.
In the face of the “CookieCott”—not a boycott, mind you—promoted by social-conservative groups that want people to turn away Girl Scouts who this weekend launch their annual cookie sale, I will buy Thin Mints and Trefoils and Tagalongs.
Lots of them. Because there are a lot of reasons to support the Girl Scouts.
There are 3.2 million Girl Scouts in the United States—2.3 million girl members and close to 900,000 adult members who are active primarily as volunteers. They come from every region, every race, every background. I know because my mother, a Girl Scout volunteer for the better part of 50 years, has organized troops in farm towns, inner city neighborhoods, suburbs and criminal justice facilities.
Girl Scouts have a remarkable influence in our society. The majority of women serving in the US Senate were Girl Scouts in their youth. The majority of women serving in the US House were Girl Scouts. The majority of women who own small businesses today were Girl Scouts. Hillary Clinton was a Girl Scout. Laura Bush was a Girl Scout. Nancy Reagan was a Girl Scout. Sandra Day O’Connor was a Girl Scout. First lady Michelle Obama serves as the national honorary president of the Girl Scouts.
But the most meaningful influence is not measured by the list of elected leaders, scholars, astronauts, athletes and CEOs who were once Girl Scouts. It is rooted in ideals and a set of values: “Being honest and fair, courageous and strong, using resources wisely, respecting yourself and others, and making the world a better place.”
That’s scary to people who do not want Americans—girls and boys, men and women—to embrace diverse people and diverse ways of thinking. So, for a number of years now, right-wing groups and politicians have been griping about the fact that the Girl Scouts declare they “value inclusiveness and do not discriminate or recruit on the basis of race, religion, ethnicity, sexual orientation, socioeconomic status, national origin, or physical or developmental disability.”
When the Boy Scouts were in the midst of their debate over whether to scrap a long-standing policy of discrimination against gay troop leaders and members, Ms.blog headlined an article: “What Boy Scouts Can Learn from Girl Scouts.” The author of the piece, Rebecca Nelson, concluded: “For the 59 million American women who have participated in Girl Scouts, it’s gratifying to follow the organization’s progressive stance. In my troop, Troop 1139, we were a mix of races and religions. We didn’t discuss sexual orientation while we made song books, but I’m sure we would have welcomed anyone into our circle.”
Unfortunately, instead of appreciating the fact that the Girl Scouts are open and welcoming, the right-wing complaint corner has stepped up the attack. Claiming that the Girl Scouts are aligned with “Planned Parenthood and the left,” Penny Nance, the president of the group Concerned Women of America, objects that “the Girl Scouts of America went off track years ago.”
The Girl Scouts don’t make political endorsements or take a position on abortion rights debates in the United States. And they are no more left-wing than most organizations that highlight the fact of Nancy Reagan’s former membership.
But that hasn’t stopped the “CookieCott 2014” crew from urging Americans to shut the door on Girl Scouts when they come selling cookies. Why? The most-discussed gripe has to do with a tweet from the organization last year regarding a discussion of “Incredible Ladies Who Should Be Women Of The Year For 2013.” Beyonce was mentioned, as was Nobel Peace Prize nominee Malala Yousafzai. But there was also a mention of Texas State Senator Wendy Davis, who engaged in an eleven-hour filibuster to defend reproductive rights.
That was too much for critics of the Girl Scouts like John Pisciotta, the director of Pro-Life Waco, in Texas. And now Pisciotta has stirred up the “CookieCott 2014” movement—gaining coverage nationwide for an assault on the Girl Scouts that has less to do with Wendy Davis than with long-standing gripes about the association of the Girl Scouts of the USA with the World Association of Girl Guides and Girl Scouts, which at its 2010 world conference expressed support for “comprehensive sexuality education” and reproductive health initiatives.
One of the best things about the Girl Scouts is the organization’s emphasis on international understanding and cooperation. My mom has taken Girl Scouts on trips to other countries and continents. And she’s spent a lot of time organizing support for the global learning initiatives of the Girl Guides and Girl Scouts, with a special focus on the work of Sangam, a World Association of Girl Guides and Girl Scouts center located in Pune, India. Our family has supported Sangam for as long as I can remember.
We’ll proudly do so this year.
When the Girl Scouts come calling as part of this year’s cookie campaign, I’ll be buying a few extra boxes.
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Teachers, parents and students are pushing back against high-stakes testing, over-testing and the fantasy that education is made better by preparing for, conducting and evaluating tests.
As American Federation of Teachers president Randi Weingarten says: “The current accountability system has led districts to fixate on testing and sanctions, has squeezed out vital parts of the curriculum that are not subjected to testing, and has sacrificed much-needed learning time. That is not what high-performing countries do, and it is not what the United States should do.”
That’s an increasingly common sentiment, even among former advocates for testing-obsessed initiatives such as George W. Bush’s No Child Left Behind and Barack Obama’s Race to the Top. Diane Ravitch, who served as Bush’s assistant secretary of education, now says: “I had never imagined that the test would someday be turned into a blunt instrument to close schools—or to say whether teachers are good teachers or not—because I always knew children’s test scores are far more complicated than the way they’re being received today.”
How then should we “evaluate” teachers and schools?
The truth is that many measures exist, some structural and some practical.
America asks a great deal of teachers. And while carefully developed and cautiously implemented testing can tell us a little, incidents and events can tell us a lot.
Take, for instance, the response to the winter weather that last week brought the Atlanta area to a standstill. State and local officials—led by Georgia Governor Nathan Deal—neglected warnings and failed to respond appropriately. Thousands of children were stranded overnight in schools, on buses and in firehouses and stores. Teachers and school employees were faced with an unexpected, and in some cases overwhelming, new demand on their time, their energy and their ingenuity. And they rose to it.
There are plenty of tales of humanity and heroism from last week. A cafeteria manager at an Atlanta-area high school made it home and then learned that hundreds of students were stranded at the school. Unable to drive a car on the gridlocked roads, he walked back to the school and prepared 800 dinners. The next morning, he prepared 800 breakfasts. Bus drivers cared for and comforted children.
All the stories mattered. But this one from an Atlanta Journal Constitution article published the morning after the storm stood out:
At Centennial High School in Roswell, about 33 students—most of them with special needs—slept in classrooms or on wrestling mats in the school’s media center after only five out of 50 buses arrived and students relied on their parents to get home.
Fifteen teachers and staff members that work in the special needs program stayed with the children, some of whom are in wheelchairs or require special medication.
For some of the children, it was their first night away from home, and teachers kept worried parents informed through cell phone calls and text photos. One group of teachers walked through the snow to a nearby Kroger to get emergency prescriptions filled, including seizure medication.
Few of them got any sleep, and they’re not sure when or if they’d be able to get home.
“I’d love to go home,” said teacher Traci Coleman. “But this is where I need to be right now. This is like my second family.”
All the students made it home, thanks to teachers and bus drivers and cafeteria workers and custodians.
“That no children died or were even seriously hurt is testament to the caring and resourcefulness of those frontline workers,” noted the Journal Constitution’s Maureen Downey.
That is right. We will always expect more of teachers than just getting children home safely. But the response from teachers like Traci Coleman when the storm hit offers a measure of an essential commitment that will never be measured by standardized testing.
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There are a lot of reasons Senate majority leader Harry Reid shot down President Obama’s State of the Union request for a congressional grant of fast-track trade promotion authority to negotiate new free-trade deals like the Trans-Pacific Partnership.
Reid has a history of skepticism when it comes to trade deals. He opposed the North American Free Trade Agreement, permanent normalization of trade relations with China and a host of other arrangements that were favored by Wall Street interests.
Reid has a skeptical caucus. Only one Senate Democrat is on record in favor of granting fast-track authority, which would allow the administration to negotiate the TPP deal without meaningful congressional oversight or amendments. And that senator, Montana’s Max Baucus, is preparing to exit the chamber to become US ambassador to China. Senators who are sticking around, like Ohio’s Sherrod Brown and Massachusetts’s Elizabeth Warren, are ardently opposed.
Yet Reid’s rejection of Obama’s request was not a show of skepticism. It was an expression of outspoken opposition.
The majority leader took his own stand, announcing, “I am against fast track.”
And he took a stand for the chamber, declaring, “Everyone would be well-advised to not push this right now.”
Reid was so firm that some congressional observers declared the president’s initiative to be finished, at least for 2014. That's not certain. The White House will keep pushing for Senate action, as statements from Secretary of State John Kerry and others confirmed. Kerry suggests that Reid's opposition could soften over time—at least to the point of allowing a vote. And the House, where top Republicans favor fast track, could create pressure by acting first on the issue—even in the face of widespread opposition among mainstream Democrats and Tea Party Republicans.
But, make no mistake, Reid put the fast track push on shakier ground, while at the same time confirming the extent that deep doubts about US trade policy are present on Capitol Hill—and across America.
Why did Reid say “no” so firmly, and so quickly?
It has a lot to do with policy.
But it also has to do with politics.
Reid is determined to maintain Democratic control of the Senate in the difficult 2014 election cycle. And he understands that the debate about free-trade policy has evolved to a point where it is a concern not just in traditionally Democratic industrial centers but in rural regions that will play a critical role in determining control of the Senate.
Twenty years ago, when Reid was casting a relatively lonely vote against NAFTA, then-President Bill Clinton could count on a lot of Senate support from farm-state Democrats. In those days, farmers were being told that free-trade pacts would yield tremendous benefits for American agriculture and rural communities.
But it did not work out that way.
Today, there is significant opposition to fast track among farm groups that take their cues from rural America, as opposed to Wall Street. And that matters because rural voters are an important factor in critical Senate contests. Indeed, they could be definitional in states that may decide which party controls the Senate, such as Montana, North Carolina and Iowa. Congressman Bruce Braley, the Democratic front-runner in the race to succeed retiring Iowa Senator Tom Harkin, signed a key letter last year opposing fast track and has termed trade deals that threaten working farmers and rural communities “simply unacceptable.”
The debate about how the United States establishes and enforces so-called free-trade agreements is often portrayed as a fight over the future of industrial workers and the cities where they reside. This is appropriate enough, as there is now a broad sense that Public Citizen Global Trade Watch Director Lori Wallach is right when she says that race-to-the-bottom arrangements like NAFTA “contribute to income inequality as more middle-class jobs are lost.”
But bad trade policies also harm farmers and rural regions.
It is with this in mind that the National Farmers Union and a number of other farm and rural groups have urged members of Congress to say “no” to fast track. If Congress surrenders a measure of its constitutionally defined authority over trade agreements, TPP negotiations will be conducted behind closed doors and without meaningful congressional input or oversight. Any agreement would be submitted to Congress, but members of the House and Senate could not amend it to reflect the demands of Americans for workplace, environmental or human rights protections.
Nor could they ensure that farmers in the United States and abroad get a fair shake—or that consumers would be empowered with tools such as “country of origin” labeling.
That’s not a wise approach for the people who work the land, or for consumers, as US Senator Tammy Baldwin, a fast-track skeptic, has long argued. One of a number of Democrats elected in 2012 from states where rural votes play a critical role in deciding elections, Baldwin says, “U.S. trade representatives must pursue fair trade—not free trade—which means ensuring greater market access for American agricultural products abroad while protecting America’s farm families.”
For this to happen, however, Congress must retain what Farmers Union President Roger Johnson refers to as “a real say in the process.”
“It is imperative for our negotiators to focus on the huge U.S. trade deficit,” the NFU leader explained. “Just increasing exports, while increasing imports at even faster rates, is a recipe for continued and even larger trade deficits, which have a negative effect on U.S. growth, jobs and our standard of living. Currency manipulation must be effectively dealt with, or any minor advantages gained in other parts of the agreements can be easily and rapidly outweighed by manipulated currency values.”
In addition to the NFU, several other groups that represent working farmers have been pointed in their opposition to fast track, and in their broader criticisms of TPP negotiations. The National Family Farm Coalition, the Institute for Agriculture and Trade Policy and the Rural Coalition/Coalición Rural all signed on to a recent letter opposing fast track. So, too, did the group Family Farm Defenders, who said, “As Congress considers the TPP, we need to express our opposition—not only to convince our elected officials that this will just lead to more economic chaos on top of the current crisis, but to also let our friends across the Pacific know that they are not alone in opposing free-trade deals that are only designed to profit the one percent.”
Trade agreements are broad. They touch on every area of the US economy. They are always announced with great fanfare, and many promises.
But promises are not enough.
There have to be measures of accountability. And those standards are best established in a transparent process that includes Congress and the American people.
“Trade agreements must be a fair deal for all parties—farmers, workers, and consumers, both in the United States and abroad,” says the NFU’s Johnson. “Previous trade deals haven’t lived up to this standard, so Congress should have full opportunity to review and amend provisions of a trade agreement, consistent with the U.S. Constitution.”
That is a logical stance, and one that is well understood outside Washington.
Harry Reid is no fool. He recognizes that using fast track to promote new “NAFTA on steroids” trade agreements is bad policy—and bad politics.
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Chris Christie was never going to be the president of the United States. That issue was settled long before gridlock set in on the lanes leading to the George Washington Bridge. The New Jersey governor’s record on the critical measures for any state executive bidding for the presidency in 2016—job creation and economic growth—were dismal, and his positions on economic and social issues were far too conservative to attract swing voters in a country that had already rejected John McCain and Mitt Romney.
What remained uncertain was whether a Republican Party that has not nominated a winning candidate with a name other than “Bush” since the 1980s would gamble on Christie. And that issue is now settled, as well.
Even before The New York Times reported on Friday that former Port Authority of New York and New Jersey official David Wildstein, an old friend of the governor who gained his position with Christie’s blessing, has written a letter explaining that it was on “the Christie administration’s order” that access lanes to the bridge were closed—thus gridlocking Fort Lee, a city where the Democratic mayor had refused to endorse the Republican governor’s re-election bid—Republicans across the country were looking elsewhere.
After his re-election last fall, Christie led the Republican pack in national polls and polls from battleground states.
That’s polite newspeak for: Christie’s numbers among those most likely to support him have tanked.
In the Post poll, only 43 percent of Republicans viewed the governor favorably—not that much better than his favorable rating among Americans in general: 35 percent.
The survey found that Christie had sunk to a weak third-place position in the nomination race, with support from just 13 percent of Republican-leaning voters. The candidates who have benefitted most from the governor’s collapse—nationally known Republicans with big names and well-established histories—were soaring. Congressman Paul Ryan, the party’s 2012 vice presidential nominee, who is looking a little more like a 2016 contender these days, was at 20 percent. Former Florida Governor Jeb Bush was at 18 percent.
Worse yet for Christie, his 13 percent support level was barely better than that found for Texas Senator Ted Cruz (12 percent), Kentucky Senator Rand Paul (11 percent) and Florida Senator Marco Rubio (10 percent).
There was a line of analysis that suggested Christie—who after a marathon press conference three weeks ago, in which he tried and failed to explain himself, has pretty much avoided the media—might ride the storm out and get back into contention.
But reality has to be dawning on even the most ardent Christie enthusiasts, now that Wildstein’s lawyer has released the letter claiming that “evidence exists as well tying Mr. Christie to having knowledge of the lane closures, during the period when the lanes were closed, contrary to what the governor stated publicly in a two-hour press conference.”
It is too early to say where the inquiries and investigations of the bridge scandal—and all the other scandals that have arisen in its wake—will ultimately end up. Christie's hirelings are still spinning out denials—ripping Wildstein and raging at The New York Times. But it should be clear by now that the sorting out of this governor’s troubles is going to take a very long time. Christie will be fighting not to restore his presidential prospects but to retain his current position. Better than any of the "Christie Knew" and "You're Lying, Gov" headlines of Saturday morning, The Newark Star Ledger summed Christie's mess up best: "If (what Wildstein says) proves to be true, then the governor must resign or be impeached."
This is not the sort of conversation that is had about a credible contender for any office, let alone the 2016 Republican nomination.
And this is why the time really has come to accept that Chris Christie’s brief period as a presidential prospect is absolutely finished.
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