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Idaho’s GOP Attorney General Calls Nullification Unconstitutional

Nineteenth century nullificationist Senator John C. Calhoun

In the wake of Idaho Gov. Butch Otter’s (R) recent statement that his state should consider nullifying the Affordable Care Act, the office of Idaho’s Republican Attorney General released an opinion reaching the obvious conclusion that it is unconstitutional for states to nullify federal laws:

Taking the logic of the nullification theory to its natural extension, federal law would become a patchwork of regulation depending upon which States chose to comply. It is hardly surprising, given this specter, that no court has ever upheld a State effort to nullify a federal law. [...]

There is no right to pick and choose which federal laws a State will follow. Aside from ignoring the Supremacy Clause in Article VI, Clause 2 of the United States Constitution, that contention cannot be reconciled with Article I, § 3 of the Idaho Constitution or the oath of office prescribed in Article III, § 25.

Unfortunately, supporters of Idaho’s nullification bill appear undeterred by their state’s chief legal officer’s reminder that they are actually required to follow the Constitution, and they plan to move forward with the bill. As ThinkProgress previously reported, Idaho’s governor and the bill’s leading sponsor are basing their support for nullification on a book written by a leading Confederate apologist and frequent guest on the Glenn Beck Show named Tom Woods — because who needs to obey the Constitution when Fox News tells you that you are free to ignore it?

Yglesias

The Gentrification Paradox

Why is it that you see so many vacant storefronts in urban areas that are clearly becoming more prosperous? Surely the space would be worth renting out at some price, and just about any non-zero rent would be preferable to owning a vacant storefront.

Lydia DePillis sees a bubble mentality at work:

It’s a strange sort of boom. While Nelson at least keeps her store vibrant, other H Street properties sit vacant, in seeming defiance of the corridor’s boomtown press. Few properties are for sale. City records show that not much has changed hands in the last few years, which you might expect from a neighborhood in transition. What’s going on?

Well, lots of things. Many of the spaces are too small for some businesses. Few could be leased without extensive renovations. But mostly, the scene reflects the same logic Thelma Nelson is using: Hang on as long as possible, because values will keep going up. And if you want to sell, no price is too high.

“People are too unreasonable now. They believe they got a gold mine,” says developer Italo Rodriguez of IS Enterprises, which does renovation work on the strip. “People own lots, they are trying to sell the lots, but they are asking astronomic prices.”

Perhaps a more economist-y way of putting it is that with this kind of urban real estate you have a very non-generic, non-commodity product. So search costs are high, information is deeply imperfect, and you have a lot of market inefficiency. Thanks to optimism bias on the part of owners, that inefficiency manifests itself as systematic under-pricing and under-occupancy, which is a very bad outcome from a social point of view.

Security

How The U.S. Chamber Of Commerce’s Egyptian Affiliate Went To Bat For The Egyptian Dictatorship

As Egyptian protests continue to rage and thousands of people in that country continue to demand democratic reforms, many commentators are rightly calling upon the international community to show solidarity with the demonstrators and join them in battling the Mubarak regime.

However, there is at least one powerful, multinational entity that has continually stood by Mubarak and the Egyptian elite and has continually fought efforts to democratize the country. As ThinkProgress previously reported, the U.S. Chamber of Commerce maintains a network of foreign affiliates known as Amchams, “which are foreign chambers of the Chamber composed of American and foreign companies.” In Egypt, this foreign affiliate is known as the American Chamber of Commerce in Egypt, known in short as AmCham Egypt.

AmCham Egypt’s relation to the Mubarak dictatorship stretches back decades. In fact, the Egyptian dictator even personally intervened to create the organization. In 1981, Mubarak issued an order to allow for the creation of the AmCham by giving it an exemption from Egypt’s strict NGO laws — which help limit the influence human rights and democracy promotion organizations. Since then, the chamber has grown to have hundreds of members. While roughly 75 percent of the organization’s members are Egyptian businesses, many of them are also large Western multinational corporations, like Coca Cola and BP. The Chamber’s member companies account for nearly 20 percent of Egypt’s GDP.

When a powerful corporate-backed entity like the AmCham Egypt gains favorable treatment, it is natural for it to try to protect its patron. So last year, when a group of U.S. Senators — lead by Russ Feingold (D-WI) — introduced legislation that called on the government of Egypt to end crackdowns on pro-democracy activists and hold free and fair elections, AmCham Egypt, at the behest of the Egyptian dictatorship, sprung into action.

As Al Masra Al Youm, a major Egyptian paper, reports, the Mubarak regime tapped AmCham Egypt President Shafik Gabr to do its bidding. Gabr was “dispatched expressly” for the purpose of scuttling the bill:

American Chamber of Commerce (AmCham) in Egypt President Shafik Gabr arrived in Washington on Wednesday to meet with members of US Congress in an effort to persuade them to refrain from issuing a resolution demanding that Egypt “hold fair elections, allow international monitoring of elections, and respect democracy and human rights.”

Informed sources told Al-Masry Al-Youm that Gabr, who is also a leading member of the ruling National Democratic Party of President Hosni Mubarak, had been dispatched expressly for this purpose by the Egyptian government.

By asking a non-American who technically worked for a nongovernmental organization to do their advocacy for them, the Mubarak regime successfully skirted numerous laws dealing with lobbying disclosure, making it easier to hide its role. But thanks to the intervention of AmCham Egypt as well as a multi-million dollar official lobbying campaign by Mubarak, the bill died a quiet death as it wasn’t brought to the floor before the Senate’s recess.

And stunningly, just days before massive protests erupted all over Egypt demanding democracy — protests which were widely expected given events in neighboring Tunisia and the upcoming anniversary of a police massacre at the hands of British colonizers — AmCham Egypt hosted former U.S. Deputy Secretary of State John Negroponte, who blamed the media for its “sensational coverage” of the Tunisian revolution and said it was in American interests to “continue to support ‘our friends’ in the region, such as Egypt, Jordan and Gulf countries.” “Chaos is in no one’s interest,” he concluded, disparaging the protests:

Negroponte said it will be crucial for US interests to continue to support “our friends” in the region, such as Egypt, Jordan and Gulf countries. [...]

During a brief question-and-answer session at the conclusion of his address, Negroponte said he was surprised by the unrest in Tunisia that ended the 23-year presidency of Zine El Abidine Ben Ali. He said that what happened in Tunisia is “not necessarily transferable” to other countries. He blamed the news media for sensational coverage of self-immolation protests in Egypt, Algeria and Mauritania, and urged “a little bit of patience.” “Let’s hope the country doesn’t descend into chaos,” he said. “Chaos is in no one’s interest.”

While backing dictatorships is nothing new for Negroponte, it should be noted that he has financial interests at stake in Egypt as well. He is on the board of Agility DGS, a defense company that has major operations in Egypt.

In 2006, AmCham Egypt, in a particularly outlandish move, put out a statement in its Business Monthly that bragged that President Mubarak “became Egypt’s first president to be directly elected in a multiparty contest” in 2005 — a reference to an election where almost all the independent opposition was banned and Mubarak won 88 percent of the vote. For years, the U.S. Chamber of Commerce has been using its massive amounts of corporate money to distort American democracy. Let the record show that its foreign affiliates appear to be dead set on doing much worse in foreign countries, even if it means backing a brutal dictator like Mubarak.

Update

In 2009, Fox News hosted Gabr and unflinchingly praised him.

Climate Progress

Instead Of ‘Drill, Baby, Drill,’ It’s Time To Charge, Baby, Charge

As gas prices spiral out of control again, threatening our economic recovery, President Barack Obama laid out a bold plan to address the threats of our dependence on oil. Only by making our transportation system oil-free will Americans be free from skyrocketing gas prices, free from oil disasters, free from hostile governments that control foreign oil supplies. The great campaign to free America from the toxic influence of oil has been stalled for decades. Obama’s State of the Union address laid out a vision for restarting the United States, built upon a simple idea: less oil, more clean energy:

With more research and incentives, we can break our dependence on oil with biofuels, and become the first country to have a million electric vehicles on the road by 2015. We need to get behind this innovation. And to help pay for it, I’m asking Congress to eliminate the billions in taxpayer dollars we currently give to oil companies. I don’t know if you’ve noticed, but they’re doing just fine on their own.

“Within 25 years,” Obama added, “our goal is to give 80 percent of Americans access to high-speed rail.”

We need to build now to pay less for oil. Gas prices are going up, but more importantly, the costs of using gas are rising even faster. The pollution, the destruction of our climate, the national security risks, the crushing influence on the national debt of over a billion dollars a day flowing overseas to pay for oil — all of these mean Americans can’t keep jobs and can’t feed their families.

It’s time to “charge, baby, charge.” If this Congress wants to take on the pain at the pump, it will support legislation to build a national infrastructure of electric charging stations for electric vehicles, deploy 21st-century high-speed rail, and curb oil profiteering by Wall Street. This transformation should be paid for by eliminating the billions of dollars of subsidies for the oil and gas industry, and by instituting a slowly graduated gas tax that keeps the money of American drivers inside the United States, instead of going to speculators and foreign dictatorships.

Economy

United Kingdom Slashes Spending And GDP Shrinks — Will House Republicans Take Notice?

Prime Minister David Cameron and Speaker of the House John Boehner (R-OH)

The United Kingdom got a sobering bit of news yesterday when it was announced that GDP fell 0.5 percent in the last quarter, raising the specter of a double-dip recession. Growth in the U.K. was flat in October and November before falling in December (which U.K. officials blame on that month’s cold weather).

In response to the economic weakness of the last few years, the U.K.’s coalition government, led by Conservative Prime Minister David Cameron, has embarked on a series of spending cuts, and the opposition Labor Party seized on the contracting economy to question the wisdom of slashing spending at a time when the economy is still clearly weak. The coalition is so concerned with rebutting this narrative that it dispatched Liberal Democratic Deputy Prime Minister Nick Clegg to quell fears, but even Clegg admitted that the U.K. economic plan has had a “chilling psychological effect” on growth.

Meanwhile, back here in the U.S., House Republicans are spreading the theory that cuts in government spending will lead to economic growth and job creation. In fact, House Majority Leader Eric Cantor (R-VA) has called the GOP’s strategy that of a “cut and grow majority.” At Capital Gains and Games, Stan Collender explains how the U.K.’s experience complicates the GOP’s tale:

Over the past few weeks, House Majority Leader Eric Cantor (R-VA) has repeatedly said that Republicans believe that economic activity and jobs will be created with spending cuts. The U.K. experience now belies that claim and provides Democrats with a strong talking point in response: We want the U.S. economy to grow and the failure of the U.K. austerity program shows that what the GOP wants to do in the U.S. will cause the U.S. to fall back into a recession.

Meanwhile, the Recovery Act passed by Congress here in the U.S. boosted GDP in 2010 by between 1.5 and 4.1 percent, according to the Congressional Budget Office, while economists predict that U.S. GDP grew at 3.5 percent last quarter. Of course, the U.K. numbers are early, and there’s no telling where later revisions may take them, but its worth pausing for a moment to consider the contrast between the two nations’ fiscal responses and growth numbers.

The GOP would likely blame the U.K.’s tax increases — adopted as part of its austerity plan — for the GDP fall. However, most of them don’t come into effect until sometime in 2011. As James Meadway, Senior Economist at the New Economics Foundation, wrote regarding Cameron and co.’s cuts, “it’s a marvellous story. Our brave young prince sends the big bad ogre of state spending packing. The magic free market fairy waves her wand. Jobs, growth and the good times return. We all live happily ever after. Alas, reality is starting to look less appealing.”

Politics

FLASHBACK: Republicans Warned Chrysler Rescue Was ‘War On Capitalism,’ Chrysler Wouldn’t Survive

john-mccain-pumps-fist-2-5-2008-small-thumb.jpgWhen the Obama administration first decided it would rescue the U.S. automakers General Motors and Chrysler, Republicans exploded with warnings that such a move would be an inevitable failure, if not the beginning of the end of capitalism. Here are some examples:

SEN. JOHN MCCAIN (R-AZ): “We should have let them go into bankruptcy, emerge and become viable corporations again. The unions didn’t want to have their very generous contracts renegotiated, so we put $80 billion into both General Motors and Chrysler, and anybody believes that Chrysler is going to survive, I’d like to meet them.” [11/19/2009]

SEN. JIM DEMINT (R-SC): “The government has forced taxpayers to buy these failing companies without any plausible plan for profitability.” [06/01/2009]

REP. PAUL BROUN (R-GA): “This is an unprecedented takeover from the private sector by this administration…It is totally unconstitutional, it’s totally against freedom, it’s totally unprecedented, and it’s exactly the same thing that Hugo Chávez is doing down in Venezuela.” [06/09/2009]

REP. TRENT FRANKS (R-AZ): When Washington gets involved in a company, “the disaster that follows is predictable.” [07/22/2009]

REP. LAMAR SMITH (R-TX):
The government-led bankruptcy reorganizations of the companies “have been the leading edge of the Obama administration’s war on capitalism.” [7/22/2009]

REP. MICHELE BACHMANN (R-MN): “I’m very concerned again about these motor takeovers from the federal government…We have a gangster government when the federal government has set up a new cartel and private businesses now have to go begging with their hand out.[06/09/2009]

Aside from the obvious continued existence of capitalism, reality has revealed a very different tale, as The Hill outlined today:

The smallest of the Big Three U.S. automakers appears poised for a comeback less than two years after the government saved it from extinction. Chrysler made a $569 million net profit last year and has $10 billion in hand. It is adding jobs in the U.S. and slowly countering impressions in Washington and elsewhere that it can’t survive. “Over the course of the last 12 months, we’ve raised our outlook significantly,” said George Magliano, senior auto analyst for IHS Global Insight. “Their whole tone has changed over the last six to eight months.”

Of course, Republicans made similar claims about the rescue of GM, saying that it was the “road to socialism.” According to the Center for Automotive Research, “if the government had not invested in the automotive industry, up to 80,000 automotive jobs would have been lost…Once Chrysler and GM emerged from their ‘orderly’ bankruptcies, the growth of automotive sector employment has been strong, with 52,900 workers added since July 2009. Had GM and Chrysler not successfully emerged, those jobs would have been permanently lost.”

ThinkProgress intern Kevin Donohoe contributed research to this post. Cross-posted on The Wonk Room.

Alyssa

The Age of Magic

I have not been super-impressed by NBC’s forays into the superheroic, but I am tentatively excited about the Ronald D. Moore-helmed show the network has ordered. It sounds like a smart expansion of Harry Potter concepts, about cops working in a world governed by magic. I like the idea of science fiction creators working on magical projects—I tend to think they’re more likely to think about rules governing the universes they create, and to try to abide by them.
But more importantly, I’d love a world in which we have more high-quality magical shows and movies. Obviously, I think HBO’s version of A Game of Thrones is promising in this regard: it’s a sophisticated, well-developed magical world where magic is an amoral force useful for more than love. Similarly, Moore’s show is set entirely in a world where magic rules rather than straddling an uncomfortable boundary between the magic and non-magical worlds, focusing far too heavily on the one character who can navigate in both, and is far too likely to become a proxy for the viewer. Though I didn’t like the book, this actually all makes me want to see a more vigorous and intelligently plotted show, or graphic novel, or something set in the world of Jonthan Strange & Mr. Norrell, which I thought was an unfortunate waste of universe-building.
I don’t particularly have a preference for magical story-telling over science fiction: I think both can be equally powerful when done with the proper rigor and attention to detail and consistent approach to rules. But we’ve been a bit heavy on the science fiction and superheroes for a while, and our magic’s either been highly assimilated into the human world or misdirected into the service of inane love stories like TwilightHarry Potter is a hard act to follow, but it should have been an inspiration, rather than something so overwhelming that it shut down the creative process.

Yglesias

Climate Policy Even a Conservative Can Love

Just kill a lot of people:

Unlike modern day climate change, however, the Mongol invasion cooled the planet, effectively scrubbing around 700 million tons of carbon from the atmosphere. [...] Over the course of the century and a half run of the Mongol Empire, about 22 percent of the world’s total land area had been conquered and an estimated 40 million people were slaughtered by the horse-driven, bow-wielding hordes. Depopulation over such a large swathe of land meant that countless numbers of cultivated fields eventually returned to forests.

As an alternative to mass slaughter, imagine the whole planet turned vegetarian leading to a huge decline in the world’s population of cows, pigs, chickens, etc. The smaller number of animals would lead to a direct decline in emissions, but more importantly you wouldn’t need nearly as much farmland to grow the grain to feed the animals. Then you’d have a lot of reforestation.

Climate Progress

Temperatures of North Atlantic “are unprecedented over the past 2000 years and are presumably linked to the Arctic amplification of global warming” — Science

The 3.5°F warming of Fram Strait water over the past century is “not just the latest in a series of natural multidecadal oscillations.”

Study after study finds recent warming is unprecedented in magnitude and speed and cause.  The anti-science crowd keeps trying to debunk one or two old Hockey Sticks, but new ones crop up faster than a speeding puck.

Science just published a new one, “Enhanced Modern Heat Transfer to the Arctic by Warm Atlantic Water” (subs. req’d), news release here, “Warming North Atlantic water tied to heating Arctic, according to new study.”

I have pulled out the key graph — and it is one heck of a Hockey Stick.  It is derived from “planktic foraminifers in a sediment core”:

Temperature reconstructions of upper Atlantic Water in the eastern Fram Strait over the past ~2100 years

AW hockey top

AW hockey bottom

Thin lines are raw data, bold lines are three-point running means….  (C) Summer temperatures at 50-m water depth (red)….  Gray bars mark averages until 1835 CE and 1890 to 2007 CE. Blue line is the normalized Atlantic Water core temperature (AWCT) record … from the Arctic Ocean (1895 to 2002; 6-year averages)….  (D) Summer temperatures (purple) [calculated with a different method]

This astonishing warming in the past century is clearly not, as the anti-science crowd likes to say, some sort of recovery from the so-called Little Ice Age (see “A detailed look at the Little Ice Age“), which, in any case, is barely noticeable in this data.   The lead author, Robert Spielhagen of the Leibniz Institute of Marine Sciences said, “Such a warming of the Atlantic water in the Fram Strait is significantly different from all climate variations in the last 2,000 years.”  The fact is, over 90% of human-caused warming is going into the oceans — and it is melting ice whereever it goes (see “Deep ocean heat is rapidly melting Antarctic ice“).

Air temperatures in Greenland have risen roughly 7 degrees F in the past several decades, thought to be due primarily to an increase in Earth’s greenhouse gases, according to CU-Boulder scientists.

“We must assume that the accelerated decrease of the Arctic sea ice cover and the warming of the ocean and atmosphere of the Arctic measured in recent decades are in part related to an increased heat transfer from the Atlantic,” said Spielhagen.

Here are the abstract and conclusion:

Read more

Climate Progress

Raffi on child honouring, the right to a future, and “tweeting while Earth burns”

Urgent need for a new lens and lexicon for conveying climate collapse

Climate change is not one among many issues, it is THE crisis, the greatest threat on Earth.

Egg shell Big

If you have kids, you know Raffi.  But Raffi is much more than a singer, songwriter, and performer.  He is a children’s champion and ecology advocate, founder and chair of the Centre for Child Honouring, the name of his powerful, integrated philosophy.

This essay, by Raffi, is reposted in full by permission followed by his song on global warming.

Are we tweeting while Earth burns? Is climate collapse our new collective Titanic? How do we best describe the survival struggle of 7 billion in a way that connects with the public and with decision makers?

The science on global warming is clear and compelling. Earth is in serious climate crisis. That’s why many writers have recently upgraded climate change to climate collapse, climate catastrophe, the long emergency. To convey the climate threat fully, we need a new Story.

In a well known Greek myth, the very rich King Midas who loves gold above all else, is granted his singular wish that everything he touches turn into gold. The gift becomes a curse when his golden touch kills plants, food, and even his daughter, who is turned into a statue. Bereft and repentant, forsaking greed, the king begs for deliverance. His curse is lifted by a wash in the river. All he holds truly precious is restored.

The modern version of the story is about a gold rush called globalization, a monetized world order that commodifies everything and poisons all that it touches: air, water, soil, whales, indigenous cultures, mothers’ milk, and babies, now born with a body burden of toxic chemicals. Money as symbolic reward for goods and services, when elevated above all else, becomes a curse. The symbol turns tyrant and casts a plague on the living. We’re currently in the atonement chapter of the tragedy, praying we have time to write a happier ending.

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