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Flashback: George Washington in 1790 — The U.S. government ‘gives to bigotry no sanction.’

george_washington_drawingIn 1790, President George Washington wrote a letter to the Jewish community of Newport, Rhode Island, affirming the values of tolerance and religious freedom that he saw as the bedrock of the country that he had had helped found, and done so much to secure. “The Citizens of the United States of America have a right to applaud themselves for giving to Mankind examples of an enlarged and liberal policy,” Washington wrote, “a policy worthy of imitation.” He continued:

All possess alike liberty of conscience and immunities of citizenship. It is now no more that toleration is spoken of, as if it was by the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights. For happily the Government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection, should demean themselves as good citizens. [...]

May the Children of the Stock of Abraham, who dwell in this land, continue to merit and enjoy the good will of the other Inhabitants; while every one shall sit under his own vine and fig tree, and there shall be none to make him afraid.

The debate over the Ground Zero Mosque is, in fact, a debate over American values. Newt Gingrich has been trying to claim that the construction of the mosque is “explicitly at odds with core American and Western values,” while Mayor Bloomberg correctly noted yesterday that “we would betray our values if we were to treat Muslims differently than anyone else.” If the conservatives who have been attacking the mosque think that George Washington was wrong about American tolerance and religious freedom, let them say so explicitly.

Climate Progress

Second lowest July Arctic sea ice extent. Thickest ice begins melt out, so we may see record low volume

Will we see Arctic sea ice records broken this September for both volume and extent?

NSIDC 8-10 extent

The National Snow and Ice Data Center just issued their full July report, which suggests that, because of “cool, stormy weather” last month, “It would take a very unusual set of conditions in August to create a new record low.”

The Study of Environmental Change’s September Sea Ice Outlook: July Report, which surveys forecasters, says “The spread of Outlook contributions suggests about a 29% chance of reaching a new September sea ice minimum in 2010.”

You can see what appears to be a change in slope in the last few days, but the Arctic weather is fickle, so the extent of the extent in September remains unclear.

As for volume, the NSIDC report spotlights the demise of some of the oldest and thickest ice left:

Read more

Politics

Rep. Steve King: Democrats Are Like Pontius Pilate

Steve KingRep. Steve King (R-IA) is no stranger to hyperbole. In the past, King has accused President Obama of having “a default mechanism in him” that “favors the black person,” said that Rep. Raúl Grijalva’s (D-AZ) district may have been “ceded…to Mexico,” and described immigration as a “slow-motion Holocaust.”

Today, King outdid himself in an op-ed entitled “The American Left Finds Religion!” In it, King argued that, because of Democrats’ support for comprehensive immigration reform, they are like Pontius Pilate — the ancient Roman official who sentenced Jesus to be crucified:

For instance, do the Democrats really relish the idea of being cast as Pontius Pilate? In seeking to grant amnesty to millions of illegal immigrants at a time when unemployment rates are already unacceptably high, can’t the Democrats be said to be “washing their hands” of the negative consequences their economic policies have wrought? I think so.

King contended that if Democratic policies been enacted in ancient Egypt, they would have prevented the Israelites from escaping slavery under the Pharaoh and instead kept Moses and his people “in Egypt in order to build Pharaoh’s temples at below market wages”:

Can you imagine what the Democrats at this hearing would have done had they gotten around to analyzing the Exodus story? Moses would have gone from demanding that Pharaoh free Moses’ people so that they could return to the Promised Land, to demanding that Pharaoh grant a “path to citizenship” that would continue to allow Moses’ people to stay in Egypt in order to build Pharaoh’s temples at below market wages.

King’s comments are particularly rich, given that 86 percent of Americans favor a comprehensive immigration policy with a pathway to citizenship, including 86 percent of mainline Protestants, 89 percent of white Evangelicals, and 92 percent of Catholics.

Religious figures and groups — including the National Association of Evangelicals, Christians for Comprehensive Immigration Reform, and the United States Catholic Bishops Conference — are also uniting behind the push for comprehensive immigration reform. Just yesterday, Rev. Rich Nathan, of Columbus, Ohio’s Vineyard Church, stated in a press conference that immigration reform is “about the only public policy issue upon which there is great unanimity across the Christian spectrum. Abortion divides us, gay rights divide us, war and peace divides us — comprehensive immigration reform unites us.” Steve King wants to ensure, however, that comprehensive immigration is politically polarizing issue.

Politics

Coburn And McCain Troubled By Stimulus Debt, Which Is 488 Times Smaller Than Debt Impact Of Bush Tax Cuts

Yesterday, Sens. John McCain (R-AZ) and Tom Coburn (R-OK) released a report that highlights 100 supposedly “questionable stimulus projects that are wasteful, mismanaged, and overall unsuccessful in creating jobs.” “The only thing getting a boost is our national debt,” the report complains. The “American people have awakened to the incompetency of Washington,” said Coburn. “The rest of the federal government is filled with stuff just like this.”

Coburn went on Fox News today to promote the report and criticized White House Press Secretary Robert Gibbs’ claim yesterday that the report is not credible:

COBURN: Mr. Gibbs knows I don’t mess around when it comes to stealing money from our kids and grandkids. And if he wants to defend this kind of stuff — this isn’t political. It’s too serious to be political no guys. We’re $13.4 trillion in debt and growing and this is the kind of waste that people are sick and tired of.

Watch it:

If Coburn doesn’t “mess around” with “stealing money” from the American youth, then why are he and McCain fierce advocates for extending President Bush’s tax cuts for the wealthy? The ten-year cost of extending those tax cuts amounts to $830 billion. But how much of this alleged “wasteful” stimulus spending are the senators now concerned about? A mere $1.7 billion:

McCainCoburn

Moreover, CNN noted that “the report’s use of selected information from hundreds of footnoted sources left it unclear if the brief summaries of each project told the whole story.” For example, the report attacked a grant to replace windows at a vacant Forest Service visitors’ center in Washington, claiming there are “no current plans to use the empty space.” However, as CNN noted, the Forest Service said it “is now reviewing several proposals for how the facility could be used in the future through a variety of public-private partnerships, including a science facility, education camp, or an overnight lodge.”

But maybe Coburn is more concerned about the $1.7 billion in alleged “wasteful” stimulus spending as opposed to $830 billion in tax cuts for the wealthy because the believes the tax cuts are free.

Security

FLASHBACK: In 2000, Lamar Smith Said ‘We Should Not Let The Law Get In The Way’ Of Stopping Deportations

lamarsmithRepublicans are up in arms about an internal draft memo by U.S. Citizenship and Immigration Services (USCIS) leaked last week which outlines “administrative relief options to…reduce the threat of removal for certain individuals present in the United States without authorization.” Immigration hawk Rep. Lamar Smith (R-TX) blasted the Obama administration, stating, “[t]he President has promised border security and immigration enforcement. He has said we must hold individuals accountable for their illegal acts. But now we find out the truth: while saying one thing to the public, the Obama administration is scheming to ensure that immigration laws are not enforced.” Smith went as far as to accuse Obama himself of “conspiring to implement amnesty without any Congressional action.” However, Smith’s attack doesn’t line up with some comments he made a few years ago.

In 2000, Lamar recommended officials handle the harsh effects that the 1996 Immigration Act was having on legal immigrants administratively, rather than have Congress amend the act. At the time, the New York Times reported that “Representative Smith suggested two ways for the government to stop deportations that, though required by the statute, would be inhumane” — options that caught the Immigration and Naturalization Service office off guard:

First, he [Smith] called for the Immigration and Naturalization Service to exercise prosecutorial discretion in hardship cases. That is, immigration officials would simply decline to proceed with a deportation case. [...]

Second, Mr. Smith proposed that the attorney general use a provision of immigration law that allows her to ”parole” aliens into the country for ”urgent humanitarian reasons.” Parole, he argued, could be used to prevent deportation as well as to allow entry. [...] ”The Justice Department or I.N.S. could assign one staff member to look at these cases for parole,” Mr. Smith said. ”He could probably handle 10 cases a day.” [...] ”The government can always do what it wants to do in hardship cases,” the Congressman said. ”We should not let the letter of the law get in the way of the spirit.

Granted, Smith was referring to the government’s ability to parole legal immigrants with deportation orders. However, Smith concedes that it is within the President’s power to do so — something that many of his Republican colleagues have argued is not. In a letter authored by GOP senators requesting a hearing on the issue, they stated that they “are troubled that the executive branch could be engaged in an effort to inappropriately expand its authority to ensure illegal immigrants are not removed from the United States.” However, in 2000, Smith probably would’ve rightly argued that it’s not an inappropriate expansion of power, but rather, an exertion of the capacities that are legally within the purview of USCIS.

Contrary to what Republicans suggest, however, that doesn’t mean USCIS is or ever planned on moving forward. An editorial in the Washington Times warns, “the question is not whether government can implement the myriad suggestions in the memo, but rather why President Obama is going to such extraordinary and unprecedented lengths to protect millions of people who are in violation of federal law.” However, other than a memo written by low level staff members that was “borne out of brainstorming sessions” that took place in 2007 during the Bush administration, there’s not a shred of evidence to suggest that’s the case. One USCIS spokesmen clarified that “as a matter of good government, U.S. Citizenship and Immigration Services (USCIS) will discuss just about every issue that comes within the purview of the immigration system.” He also definitively stated that “DHS will not grant deferred action or humanitarian parole to the nation’s entire illegal immigrant population.”

The reality of the situation is that deportations have actually reached an all-time high under the Obama administration. Immigration and Customs Enforcement expects to deport an estimated 400,000 people this fiscal year, 25 percent more than were deported by President Bush in 2007. And if that’s not enough, Obama explicitly rejected the idea of granting administrative relief in his July 1 speech at American University, proclaiming, “there are those in the immigrants’ rights community who have argued passionately that we should simply provide those who are [here] illegally with legal status… I believe such an indiscriminate approach would be both unwise and unfair.”

Most importantly, while granting administrative relief to certain vulnerable undocumented populations would certainly alleviate some of the suffering of the immigrant community, it wouldn’t fix the broken immigration system. Republicans don’t like to admit it, but comprehensive immigration reform isn’t amnesty. Instead, it consists of creating an immigration visa system that responds to the nation’s economic needs, securing the border, and putting undocumented immigrants on a tough, but fair path to legalization — politically, or practically, none of these components are a solution on its own. Perhaps that’s why Smith essentially supported the status quo in 2000 by recommending ad hoc administrative action directed at a small group of people over Congress actually fixing the “inhumanity” of the immigration system once and for all.

Politics

Virginia GOP Candidates Agree To Closed-Door, No-Media-Allowed Meeting With Tea Partiers

On Monday, Rep. Eric Cantor (R-VA) went on MSNBC and hit Democrats for going into “hiding” this summer, implying that they weren’t planning to peak with their constituents during the August recess:

CANTOR: [Y]ou look at the difference now of what we’re about as Republicans and what Democrats are about the course of this August recess. I would venture to say that Democrats have gone into hiding, whereas John Boehner and I and the rest of our conference are out there, taking our message to the people, talking about the specific things that they can expect if we’re a majority. And we’re frankly shocked — we’re listening to people, and I think the Democrats have demonstrated they’re unwilling to do that, and their agenda reflects that.

Today, however, two Virginia newspapers have editorials criticizing two GOP congressional candidates for banning the media from their closed-door events with Tea Party activists. Both state Sen. Robert Hurt (running for Virginia’s 5th district) and incumbent Rep. Bob Goodlatte (Virginia’s 6th district) have agreed to speak to the Lynchburg Tea Party’s Aug. 5 meeting, even though the media will be shut out. Tea Party Chairman Mark Lloyd said that the members wanted to have a “one-on-one type of setting without the lights and microphones” and claimed that at a May meeting — where there were two tv stations and a newspaper reporter — “nobody could see anything because of the cameras and all that.”

Today, two local papers have taken the two men to task for this arrangement. From the News & Advance:

Both [Goodlatte and Hurt] are public servants and both are running for public positions that deserve public scrutiny. Yet, neither candidate objected to excluding the media from the meeting.

What exactly is the tea party’s problem with allowing the media to sit in on the proceedings at the Monte Carlo restaurant? Are there some secrets that Hurt and Goodlatte want to share with the members — or that the members want to share with the Republican candidates? Who knows? [...]

Democracy gets a little messy at times, especially the way it’s conducted in the United States. The media often take seriously their responsibility to report to the public what public officials are saying and doing. And those cameras and lights do create distractions on occasion. Anyone who has attended a presidential campaign event knows all about that.

But do those distractions mean the public should be excluded from proceedings on the campaign trail? Certainly not. It is one of the ways the public learns about where the candidates stand on the various issues that surround the current campaigns for Congress.

By excluding the media from Thursday’s meeting, the Lynchburg Tea Party is serving only itself. But maybe that’s what this third party political movement is all about.

The Danville Register & Bee contrasts what Goodlatte and Hurt are doing with Rep. Tom Periello (R-VA), who “held town hall meetings in every city and county in the Fifth District last year and will do the same again this year. Perriello has no fear of meeting with people who disagree with him and having his answers recorded. Even people who strongly disagree with his votes give Perriello high marks for standing up and taking the heat.”

Ironically, Goodlatte has also stressed that he would like to make Congress more transparent, and earlier this year, he criticized Democrats for not letting the media (C-SPAN) cover the health care negotiations. Hurt’s campaign posted a letter to the editor to its website that praised the state senator for his “transparent voting record.”

Yglesias

Endgame

When the violent win blows the wires away:

— Not enough money to educate the next generation but plenty of funds to try to conquer Afghanistan!

Krugman: “the Israel-is-always-right crowd has gravitated to people who don’t have any problem with the occupation — which means the American hard right, including the Christian right.”

— Why do Presidents even try to do anything.

— Against salary freezes.

— Senators filibuster deficit-reducing jobs bill to be pains in the ass.

Arcade Fire, “Month of May”.

Justice

Judge Finds Proposition 8 Unconstitutional

U.S. District Chief Judge Vaughn Walker

U.S. District Chief Judge Vaughn Walker

Moments ago, U.S. District Chief Judge Vaughn Walker struck down Proposition 8, passed by California voters in November 2008, which prohibited same-sex couples from marrying in the sate. Walker found that the Prop 8 undermined both the Due Process and Equal Protection Clauses, arguing that “[e]ach challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation: ”

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite- sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Last night, anticipating Judge Walker’s decision, lawyers for the Proposition 8 defense team asked Walker to “for a stay of his ruling if the outcome is to declare the law unconstitutional.” Walker issued an emergency stay of the judgment and will decide later if an indefinite stay is in order.

The ruling is now expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

Update

Walker on the evolution of marriage: “The evidence did not show any historical purpose for excluding same-sex couples from marriage, as states have never required spouses to have an ability or willingness to procreate in order to marry. Rather, the exclusion exists as an artifact of a time when the genders were seen as having distinct roles in society and in marriage. That time has passed.”


Update

,Walker on why domestic partnerships are not equal to marriage: “A domestic partnership is not a marriage; while domestic partnerships offer same-sex couples almost all of the rights and responsibilities associated with marriage, the evidence shows that the withholding of the designation ‘marriage’ significantly disadvantages plaintiffs. The record reflects that marriage is a culturally superior status compared to a domestic partnership. California does not meet its due process obligation to allow plaintiffs to marry by offering them a substitute and inferior institution that denies marriage to same- sex couples.”


Update

,Walker argues that because marriage is a fundamental right, it should be subject to ‘strict scrutiny’: “Because plaintiffs seek to exercise their fundamental right to marry, their claim is subject to strict scrutiny. Zablocki, 434 US at 388. That the majority of California voters supported Proposition 8 is irrelevant, as “fundamental rights may not be submitted to [a] vote; they depend on the outcome of no elections.””


[upd

Politics

California Judge: Prop. 8 Is Unconstitutional, Has No ‘Rational Basis’ For Singling Out Same-Sex Couples

U.S. District Chief Judge Vaughn Walker

U.S. District Chief Judge Vaughn Walker

Moments ago, U.S. District Chief Judge Vaughn Walker struck down Proposition 8, passed by California voters in November 2008, which prohibited same-sex couples from marrying in the sate. Walker found that the Prop 8 undermined both the Due Process and Equal Protection Clauses, arguing that “[e]ach challenge is independently meritorious, as Proposition 8 both unconstitutionally burdens the exercise of the fundamental right to marry and creates an irrational classification on the basis of sexual orientation: ”

Proposition 8 fails to advance any rational basis in singling out gay men and lesbians for denial of a marriage license. Indeed, the evidence shows Proposition 8 does nothing more than enshrine in the California Constitution the notion that opposite- sex couples are superior to same-sex couples. Because California has no interest in discriminating against gay men and lesbians, and because Proposition 8 prevents California from fulfilling its constitutional obligation to provide marriages on an equal basis, the court concludes that Proposition 8 is unconstitutional.

Last night, anticipating Judge Walker’s decision, lawyers for the Proposition 8 defense team asked Walker to “for a stay of his ruling if the outcome is to declare the law unconstitutional.” Walker issued an emergency stay of the judgment and will decide later if an indefinite stay is in order.

The ruling is now expected to be appealed to the U.S. 9th Circuit Court of Appeals and then up to the U.S. Supreme Court.

Update

Reaction from Newt Gingrich: “Judge Walker’s ruling overturning Prop 8 is an outrageous disrespect for our Constitution and for the majority of people of the United States who believe marriage is the union of husband and wife. In every state of the union from California to Maine to Georgia, where the people have had a chance to vote they’ve affirmed that marriage is the union of one man and one woman. Congress now has the responsibility to act immediately to reaffirm marriage as a union of one man and one woman as our national policy. Today’s notorious decision also underscores the importance of the Senate vote tomorrow on the nomination of Elena Kagan to the Supreme Court because judges who oppose the American people are a growing threat to our society.”


Update

,Reaction from CAP President and CEO John Podesta, who is also co-chair of the American Foundation for Equal Rights, which helped launch Perry v. Schwarzenegger: “Judge Walker’s decision reaffirms the Constitution’s command that all Americans must receive ‘equal protection of the laws.’ Prop 8 is incompatible with our Constitution and a long line of precedent rejecting laws that single out a certain class of Americans for disfavored legal status. Today’s decision does nothing more than restore the Constitution’s promise to millions of American couples. Because Constitutional precedent so clearly rejects Prop 8, I have every confidence that this decision will be upheld on appeal.”


Update

,Reaction from Freedom To Marry: “Today’s federal ruling strikes down a cruel and unfair constitutional amendment that should never have become law and affirms that the freedom to marry belongs to every American. As the first court to strike down race restrictions on marriage said in 1948, “the essence of the right to marry is freedom to join in marriage with the person of one’s choice.” There is no gay exception in the Constitution to personal choice and the right to marry, and there is no good reason to continue excluding same-sex couples from marriage.”


Update

[/upda

Yglesias

Obstruction Cuts Both Ways

capitol1 1

David Boaz attempts to mount a libertarian defense of the filibuster:

In the long run, though, establishmentarians like the New Yorker’s George Packer think that the purpose of government is to pass new laws, regulations, and programs; and they complain when the Senate or any other institution stands in the way of such putative progress. Those of us who prefer liberty, limited government, and federalism appreciate the constitutional and traditional mechanisms that slow down the rush to legislation.

That’s a bizarre argument. Bills to reduce taxes are “legislation.” Bills to relax regulations are “legislation.” People who want to move public policy in the United States in a more libertarian direction support the idea of having congress pass legislation. As I was able to get Jonathan Bernstein to agree, the impact of the idiosyncratic elements of the American political system is to enhance the influence of interest groups and decrease the influence of ideologues and technocrats. Libertarians shouldn’t like that very much, it seems to me.

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