Everyone loves President O's budget, so I've decided to love it too. From the Left (Paul Krugman) and from the Right (Charles Krauthammer, David Brooks), hosannas ring out. Its clarity is admired, its willingness to count that which must be counted (the costs of the wars, for example), its visionary embrace of health care reform and energy research -- all good.
February 27, 2009
Loving Barack's Budget
Posted by Waldenswimmer at 10:10:00 AM 0 comments
Labels: Obama Presidency
February 26, 2009
Can Obama escalate the war in Afghanistan without Congressional approval?
(a) IN GENERAL- That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons. Rather vague and amorphous, of course, but try to remember that we didn't know much, one week after the 9/11 attacks, about what had happened, other than the basic facts. 19 young Arab men had boarded American planes, hijacked them, flew three of them into buildings and one into the ground. Not one of them was from Afghanistan; Afghanistan, indeed, is not Arab, but it is Muslim. Be that as it may, and returning to our foundational document: the President is authorized to use force against "those nations, organizations, or persons" involved in the 9/11 attacks. The disjunctive phrase states "or harbored such organizations or persons." What is the subject or antecedent of this phrase? It must be "nations" in order to avoid what is somethimes called the "Russian doll" fallacy in legal construction; otherwise we're talking about "organizations or persons" harboring organizations or persons, which while technically possible, is probably not what Congress had in mind. If there are two possible interpretations of Congressional action, and one involves simple stupidity, that's where to put your money. But let's just say that the President was authorized to use military force against any nation, organization or person involved in 9/11 or involved in harboring people who were involved in carrying out the attacks. That's broad enough, I think, and it gives the President and Congress the benefit of every doubt. How does this relate to what's going on in Afghanistan right now? The original idea was that the government of Mullah Omar and his Taliban gang provided a sanctuary for Osama bin Laden near Kandahar; bin Laden was the brains and money behind 9/11, and his fearsome array of jungle gyms and Gymboree tunnels were critical in training the hijackers to overpower the unarmed flight crews and gain access to the unlocked cockpits that fateful day. Everyone now concedes that (a) the Taliban are no longer in power, (b) Mullah Omar was dethroned, and in fact may have been killed by an October, 2008, drone missile attack, and (c) bin Laden fled Afghanistan. So Afghanistan still technically exists, of course, but now under the government of the Mayor of Kabul, Hamid Karzai, former Unocal consultant and dapper headpiece wearer. Afghanistan was the "nation," but as presently constituted, it had nothing to do with 9/11, nor in harboring those who attacked or planned. Are there any "organizations or persons" in Afghanistan in Column A (active planning or execution of 9/11) or Column B (harboring)? That would presumably be al Qaeda. They don't wear badges or uniforms, so how will we know when we get to the end of al Qaeda in Afghanistan? And are the al Qaeda in Afghanistan "persons" who were actually involved in 9/11, or involved in "harboring" those who were? How do we know that? And what is the technical or operative distinction between al Qaeda that we might find in Afghanistan and al Qaeda we might find in, say, Saudi Arabia? Why war in one place but not in the other? As I say, an interesting academic question Professor Levinson has posed. Congress won't touch it because the whole idea of the "war on terror" is to keep it as vague and amorphous as possible, the better to use it as a funding mechanism for the Pentagon and as a means of concentrating power in the Presidency. The one thing we can know for certain is that it certainly doesn't have to make any sense. That's now how they do things on Capitol Hill.Sandy Levinon, a professor of law at the University of Texas who writes very interesting stuff on the legal blog Balkinization, poses a provocative question which I have not seen elsewhere asked: does our most recently installed Constitutional Dictator, Barack Obama, actually have the power to escalate the war in Afghanistan without seeking some further auhorization from Congress? By "Dictator" I mean no disrespect; Caesar, after all, was a dictator yet much beloved by his Roman subjects. The "Fifth Republic" style of governance which has taken hold in the United States yields up most of its power to the Executive. Thus, most people don't even notice anymore that the War Power, strictly speaking, is vested in the Congress, not the President.
It is fitting that the question was asked by an academic because the question, and answer, if there is one, are also academic. No one in the Congress is going to challenge the planned increase of 17,000 troops in Afghanistan, there will be no Congressional debate, any request for money to fund the escalation will be hurriedly and gladly given -- in short, it's a done deal. But just for the sake of tracking where we've been and where we're going, it's at least intellectually interesting to see how it all happened.
So that original Authorization, passed in a heated rush on September 18, 2001 stated as follows:
Section 2 - Authorization For Use of United States Armed Forces
Posted by Waldenswimmer at 9:05:00 AM 0 comments
Labels: Afghanistan War
February 25, 2009
Obama - Change I'm Trying to Figure Out!
A tip o' the hat to Prez O for his speech last night. His performance reminded me of his very best efforts on the campaign trail: the soaring rhetoric, the carefully planned moments when he continued speaking over the applause (a nuance learned from his true teacher, Martin Luther King), the natural aura of leadership. What was also fun was the way he boxed the Republicans in; at first they sat on their hands in angry defiance, but Barack forced them to cheer along. What were the Repubs going to do, act as if they were for bank executives buying up private jets and $85,000 area rugs? And once he had them cheering against the plutocrats, it was natural that the Republicans found themselves in favor of restoring the top marginal tax rate of 39% when Bush's tax plan expires. But if the Republicans desert the fat cats, who the hell do they represent? Everyone knows that their pretended advocacy for the Evangelicals is only a gag to give them a slightly broader base than the foursomes about to tee off at Burning Tree.
Posted by Waldenswimmer at 8:35:00 AM 0 comments
Labels: Obama Presidency
February 24, 2009
The Casino at the End of the Universe
I have referred before to a remarkably prescient book, published some years back, entitled Infectious Greed by Frank Partnoy, which detailed the tenuous world of derivatives and the threat they posed to the world's financial stability. Partnoy took as a jumping-off place the meltdown of Long-Term Capital Management, that giant hedge fund quietly working its sinister magic in the sylvan quiet of the Connecticut suburbs. LTCM innovated like crazy and had the inspiration, and genius, of sensing it required the services not of standard issue MBAs, but of math PhDs from MIT and Harvard who could construct the arcane and insanely complicated algorithms necessary for LTCM to optimize its computer-driven arbitrage strategies. The system couldn't miss, until it missed entirely.
Posted by Waldenswimmer at 10:10:00 AM 0 comments
Labels: american "economy"
February 23, 2009
Twenty-five Years after Nineteen Eighty-Four
One of George W. Bush's recurrent fantasies was that if we could simply democratize the whole world, war and terrorism would disappear, rainbows would appear in the sky on cloudless days and the world's rivers would flow with milk and honey. History does not really support the point of view that democracies are incapable of aggressive war; this simpleton's analysis was part-and-parcel of what I always thought of as Bush's World Book Encyclopedia approach to international relations. His ideas about the world entered a condition of stasis when he was about 12 years old and never really developed much beyond that. Thus, America could do what it wanted because it was "good," and apparently bad things that America did were not bad because it was America that did them. These ideas are familiar to me as relics of my own elementary school years. In the dichotomous world of America vs. the Soviet Union, it's how we were all taught to think back then.
Posted by Waldenswimmer at 9:41:00 AM 1 comments