ThinkProgress Logo

Justice

Gingrich’s Awful Speech Part III: Massive Resistance

The following is the third in a multi-part series on former Speaker Newt Gingrich’s speech to the Values Voter Summit. Part I of this series is available here. Part II is here.

Segregationist Virginia Senator Harry Byrd

Former Speaker Newt Gingrich began his speech to the Values Voter Summit by attacking a landmark Supreme Court decision desegregating a Little Rock high school. He then belittled slavery by comparing the greatest evil in American history to an inconsequential-by-comparison lower court decision that would have removed the words “under God” from the Pledge of Allegiance if the Supreme Court had not unanimously reversed it on appeal.

Having thus demonstrated his agreement with some of the worst and most harmful legal doctrines in American history, he then endorses another one: massive resistance.

“Massive resistance” is the label arch-segregationist Sen. Harry Byrd (D-VA) gave to his state’s plan to openly defy Brown v. Board of Education and maintain Virginia’s segregated schools. Although Gingrich’s speech gives no indication that he supports segregation, the former speaker proudly embraces Byrd’s tactic of simply refusing to comply with court decisions that he disagrees with:

I would instruct the national security officials in a Gingrich administration to ignore the recent decisions of the Supreme Court on national security matters, and I would interpose the presidency in saying, as the commander in chief, we will not enforce this. And by the way, for our liberal friends, the source of that is Franklin Delano Roosevelt.

In 1942 a group of German saboteurs were landed in Florida and Long Island. They were all picked up within two weeks. Roosevelt brought in his attorney general and said: They will be tried in a military court, they will be executed, it should happen within three weeks, and tell the Supreme Court if they issue a writ of habeas corpus, I will not honor, and therefore they should not issue it. I am the commander in chief in wartime. They aren’t.

Watch it:

President Roosevelt lifted America out of the Great Depression. He laid the foundation of a modern social safety net and ushered in three generations of American dominance and prosperity — and he defeated the most horrific dictator the world has even known to boot. Roosevelt rightfully is remembered as one of America’s greatest presidents, but anyone with even a passing understanding of FDR’s record on civil liberties in wartime knows that it stands as a shameful stain on an otherwise heroic record.

Moreover, Gingrich’s account of Roosevelt and the German saboteurs leaves out several very important details. Most notably, the Supreme Court upheld Roosevelt’s decision to use a military tribunal to try, convict and sentence the Nazi agents in a case known as Ex parte Quirin. Accordingly, Roosevelt never did what Gingrich suggests — openly defying a decision of the Supreme Court.

If presidents have the power to simply ignore court decisions they disapprove of, then literally no law is safe. If Gingrich can defy national security decisions, than he can defy court orders requiring his administration to pay Medicare benefits despite Republican opposition to that program. His Department of Justice can refuse to enforce voting rights or even actively come to the aide of efforts to disenfranchise poor and minority voters, no matter how many times he is ordered to obey the law.

And he can also do things that are far, far worse.

Elsewhere in the speech, Gingrich praises President Andrew Jackson’s contempt for a Supreme Court decision upholding the constitutionality of a national bank, but Jackson is also infamous for a much more significant conflict with the justices. After the Supreme Court determined in Worcester v. Georgia that Native Americans retain their rights to their tribal lands, Jackson probably never actually uttered the words “John Marshall has made his decision; now let him enforce it.” But he did forcibly relocate tens of thousands of Natives in open defiance of the Supreme Court. Thousands died during Jackson’s Trail of Tears.

Obedience to the rule of law is what separates American presidents from dictators and what ensures that our most fundamental freedoms are not vulnerable to a powerful official’s mere whim. If a president can defy one court decision, he can defy any court decision, and the Constitution and the law itself are the ultimate casualties.

Security

Herman Cain: I Don’t Know The ‘President Of Ubeki-beki-beki-stan-stan’

In an interview with the religious right Christian Broadcasting Network (CBN), GOP presidential candidate Herman Cain badly bungled Uzbekistan’s name and said his standard answer to “‘gotcha’ questions” would be that he doesn’t have answers.

In a friendly interview spotted by Washington Monthly’s Steve Benen, CBN host David Brody asked Cain if he was ready for tough questions such as naming the president of Uzbekistan:

BRODY: Are you ready for the ‘gotcha’ questions that are coming from the media and others on foreign policy? Like, who’s the president of Uzbekistan?

CAIN: I’m ready for the ‘gotcha’ questions and they’re already starting to come. And when they ask me who is the president of Ubeki-beki-beki-beki-stan-stan I’m going to say, you know, I don’t know. Do you know?

And then I’m going to say how’s that going to create one job?

Watch the video:

Cain added that Uzbekistan was “insignificant” to U.S. national security interests:

Knowing who is the head of some of these small insignificant states around the world — I don’t think that is something that is critical to focusing on national security and getting this economy going. When I get ready to go visit that country, I’ll know who it is. But until then, I want to focus on the big issues that we need to solve.

With U.S.-Pakistan tensions on the rise, the Obama administration is in discussions with Uzbekistan about increasing military supply routes to the U.S.-led Afghanistan war through the former-Soviet republic, whose authoritarian president — Islam Karimov — has some human rights issues.

Cain’s mocking and ignorance of Uzbekistan come at the tail end of a tough week for the former pizza chain CEO on foreign policy, even as his star slid up a notch in the Republican nomination contest.

Lately, Cain’s been assailed by conservatives and liberals alike. On Wednesday, neoconservative Washington Post blogger Jennifer Rubin decried Cain’s “lack of rudimentary knowledge about foreign policy.” And an earlier Cain gaffe about the Israeli-Palestinian conflict led off a Saturday front page New York Times article about the GOP race’s inattention to global affairs (despite the nomination frontrunner Mitt Romney’s largely substance-free fear-mongering and general hawkishness).

Yglesias

The Trouble With Contracting Out

In principle, the contracting-out of provision of government services can be a great idea. And certainly nobody thinks the public sector ought to produce everything in house. Government agencies by paper from paper companies, they don’t get it from the National Paper Manufacturing Agency. But all too often in practice it looks like this:

Since 2008, the Pearson Foundation, the nonprofit arm of one of the nation’s largest educational publishers, has financed free international trips — some have called them junkets — for education commissioners whose states do business with the company. When the state commissioners are asked about these trips — to Rio de Janeiro; London; Singapore; and Helsinki, Finland — they emphasize the time they spend with educators from around the world to get ideas for improving American public schools. [...]

The foundation’s officials say the free trips are solely educational and have no business purpose. On the foundation’s tax forms for the last two years, the line for listing “payments of travel or entertainment expenses for any federal, state or local public officials” has been left blank.

Don’t buy the false dichotomy here. I’ve been on a number of junkets abroad, including to Helsinki to get ideas for improving American public schools, and the point is that unless the trip sucks you’re naturally grateful to whoever paid for it (in my case the Finnish foreign ministry) and at the margin inclined to help them out. I trust that readers don’t believe my blog is just a smokescreen for a Finland propaganda campaign, but the idea that accepting free trips from government contractors is going to have no impact on contracting decisions is naïve.

Climate Progress

Masters on “Unprecedented” Arctic Ozone Hole: Inaction Risks “Future Nasty Climate Change Surprises Far More Serious”

Dr. Jeff Masters:  An unprecedented ozone hole opened in the Arctic during 2011, researchers reported this week in the journal Nature….  We know that an 11% increase in UV-B light can cause a 24% decrease in winter wheat yield (Zheng et al., 2003), so this year’s Arctic ozone hole may have caused noticeable reductions in Europe’s winter wheat crop….

It is highly probable that we will see future nasty climate change surprises far more serious than the Arctic ozone hole if we continue on our present business-as-usual approach of emitting huge quantities of greenhouse gases. Humans would be wise to act forcefully to cut emissions of greenhouse gases, as the cost of inaction is highly likely to be far greater than the cost of action.

Left: Ozone in Earth’s stratosphere at an altitude of approximately 12 miles (20 kilometers) in mid-March 2011, near the peak of the 2011 Arctic ozone loss. Right: chlorine monoxide–the primary agent of chemical ozone destruction in the cold polar lower stratosphere–the same day and altitude. Image credit: NASA/JPL-Caltech.

JR:   This important finding almost qualifies as an “unknown unknown,” in that this impact was considered unlikely.  And if it harms Europe’s winter wheat crop, it could seriously add to the world’s growing food insecurity (see “Global Food Prices Stuck Near Record High Levels and links therein.   Meteorologist Dr. Jeff Masters has a great post on this, which I reprint below.

Read more

Yglesias

The Changing Story

You should definitely read Ezra Klein’s long take on the Obama administration economic team’s retroactive assessment of their performance. But I think it’s helpful to skip to the end:

That isn’t to say that this time couldn’t have been different or that next time won’t be. But it is no accident that these crises so often turn out the same, in so many countries, with so many types of governments, who have tried so many kinds of responses.

In general, the policies that are vastly better than whatever you are doing are not politically achievable, and the policies that are politically achievable are not vastly better. There were many paths that could have been taken in January 2009, and any one would have made this time a bit different. But not different enough. Not as different as we wish.

I have some policy points to make about the whole thing, but something interested I’ve noted is a change in the story that the Obama administration economic team tells about itself. Back in 2009 what you would hear from key officials was much more like what Tim Geithner told John Cassidy when Cassidy was doing a version of this same piece written in a more optimistic time:

Still, it is worth remembering that he was hired not for his critique of contemporary capitalism or for his abilities as a communicator but for his experience as a financial firefighter. From his time as a mid-ranking Treasury Department official, during the nineties, to his presidency of the New York Fed, from 2003 to 2008, he worked on resolving a series of financial crises around the world. For all the wrath that has descended upon his slight frame, he appears to have succeeded in putting out another inferno. “Why do policymakers screw up financial crises?” he said before I left his office. “They screw up financial crises because the politics are horrible, and that deters action. They are slow and late and tentative and weak because they are scared to death of the politics. But sometimes a policymaker has to say, I’ll take pain now against pain later.”

The March 2010 Cassidy piece and the October 2011 Klein piece end with the exact same factual reflection, in both cases driven by Obama administration awareness of the exact same stylized fact about the likely prognosis of a country facing an economic crisis. Call it the Reinhardt/Rogoff Fact. But the affect has completely changed. In March 2010, the story from the administration was that they spent 2009 being completely aware of the Reinhardt/Rogoff Fact and thanks to their awareness, political guts, and policy knowledge they were going to overcome it. By October 2011, the affect is totally reversed. Having succumbed to the exact political dilemma that they once swore not to succumb to, they now cite the dilemma as nigh-unfixable.

NEWS FLASH

Fox’s Chris Wallace: 99 Percent Movement Is Getting More Coverage ‘Than It Deserves From The Mainstream Media’ | Almost from its inception as a fringe anti-tax movement, Fox News nurtured the Tea Party into a major political force — posting the dates and times of Tea Party rallies on its website, promoting events during their regular programming and even allowing one of its hosts to hold a “non-political” political rally of Tea Party supporters. Now that a similar movement is emerging that represents the 99 percent of Americans who do not benefit from far-right economic policy, however, Fox is singing a different tune. During today’s Fox News Sunday, host Chris Wallace suggested that the 99 Percent Movement is getting more coverage “than it deserves.” Watch it:

Yglesias

An Interesting Take On Occupy Wall Street

Gregory Djerejian probably isn’t a name that rings out to modern-day blog readers, but back when he was updating more regularly he offered one of the most intelligent takes on international affairs and international economics around. So I’m thrilled to see he has a long assessment of the Occupy Wall Street group down in Zuccotti Park:

However, with Occupy Wall Street I believe some among the status quo oriented elites may be more rattled than with the Tea Party. For one, they may be smarter. Speaking to several of these protestors today, I met MBA students who cannot find jobs (one even told me his GPA at business school, a respectable 3.2), and law students in a similar predicament. As money gets wasted in epic fashion overseas for desperately flawed ‘provincial reconstruction teams’ in Iraq and risible ‘Government-in-a-Box’ initiatives in Afghanistan, these kids are staring at mountains of debt and an equally daunting lack of viable prospects (the MBA student was underemployed working as a barista at Starbucks). So there are intelligent faces and voices in these crowds—not just aimless rabble-rousers out for a rise—and I can sense this movement becoming more contagious (for instance, I saw in some of the more junior police officers today monitoring a march from Washington Square back down to Zuccotti a confused questioning in their faces, indicating perhaps some sympathy for the protestors). They are also smarter than the Tea Party in their choice of targets. Discounting some of the ‘professional’ agitators, or the anarchist fringes, and so on, I sense a reasonably cogent consciousness here, a well-spring reminiscent of Albert Camus’ quote: “(w)hat is a rebel? A man who says no”, here driven by a potent combination of disenchantment that no real change occurred with Obama (unless a poorly organized orgy of stimulus and highly dubious health care reform count) and fury at, not so much the Government writ large as we see with the Tea Party, but more the elites standing behind the Government.

Read the whole thing.

Climate Progress

Would Things Be Different If the Public had Perfect Information on Climate Science and Solutions?

Last week, I wrote about the important Dunlap-McRight paper that found organized climate change denial “Played a Crucial Role in Blocking Domestic Legislation.”

Although this is a pretty obvious conclusion to objective observers, the false-equivalence bunch, led by blogger Andy Revkin, couldn’t bring themselves to report on it without giving the professional disinformers equal time.

John Rennie, the former editor in chief of Scientific American, slammed Revkin’s piece in a must-read post, “Revkin’s False Equivalence on Climate Message Machines.”  Rennie was particularly critical of Revkin’s equating the climate denial machine with a laughable “climate alarmism machine” (whipped up by an Australian disinformer), which equates those who spread outright anti-scientific disinformation (often funded by fossil-fuel interests) with the serious work of climate scientists and governments (and others) who make use of that genuine, scientific work.

But what ultimately caught my eye in Revkin’s post is that he linked to a 2009 Climate Progress post I wrote [in response to a Revkin piece], “What If the Public had Perfect Climate Information?“  Revkin writes:

It’s also important to examine whether a world without such efforts — in which citizens had a clear view of both what is known, and uncertain, about the human factor in shaping climate-related risks — would appreciably change. Some insist the answer is yes [link to CP]. Given the deep-rooted human bias to the near and now and other aspects of our “inconvenient mind,” I’m not nearly so sure (although this doesn’t stop me from working on this challenge, of course).

It continues to boggle the mind that a professional reporter would seriously believe that if the public fully understood the subject — yes, including those things that are highly certain and those that are less so — that they would not support strong, prompt actions to reduce emissions.  But, then, Revkin continues to this day to only endorse his vague R&D-focused “energy quest” and criticize those of us (including the National Academy of Science) who push for strong emissions reductions starting now.  Since Revkin refuses to this day to tell us what level of concentrations he thinks the world should aim for –  even a broad range, say 450 ppm to 550 ppm — Revkin retains the luxury of attacking those who are willing to state what their target is while maintaining a faux high ground that they are being politically unrealistic while he can pretend his essentially do-nothing strategy is scientifically or morally viable, which it ain’t.

Of course, the public already supports far more action now than is tolerated by the anti-science crowd or the political party they have a hammerlock control of — see Mandatory Cuts in Carbon Pollution Favored by Over 70% of Voters and Small Businesses — and Even 49% of Fox Viewers. But  since they don’t fully understand the dire cost of inaction — and the  relatively low cost of action using existing or emerging technologies — their  is no serious political penalty imposed on those who spread lies or counsel delay.

What follows is an update of my 2009 post.  I am  very interested in your answer to the headline question.

Read more

Special Topic

UPDATE: Conservative Writer Admits ‘Infiltrating’ 99 Percent Movement To ‘Mock And Undermine’ It

Museum guards warn off demonstrators from entrance (AP)

An assistant editor with a right-wing magazine admitted in a column Saturday evening to posing as part of the 99 Percent Movement in D.C. “in order to mock and undermine” it. Patrick Howley, an assistant editor for the American Spectator, was committed enough to his deception to be at the vanguard of a demonstration that saw police firing pepper spray and closing a downtown Washington museum.

In his column, Howley says he took part in the demonstration Saturday at the Smithsonian Institute’s Air and Space Museum reportedly directed at an exhibit about the unmanned drone aircraft used by the U.S. and others for spying and, increasingly, targeted killings in far-flung hotspots.

As between 100 and 200 anti-war demonstrators arrived at the steps of the museum — some of them affiliated with a group organizing the “Occupy DC” spinoff of the Wall Street protests — a few intrepid protesters made a rush for the door despite apparent warnings from security guards. One of them was Howley, who recounts that “as far as I could tell I was the only one who got inside the museum.”

A spokesperson for the Smithsonian said at least one person was pepper sprayed by a guard. According to Howley, “I got hit.” The conservative writer then went on to explain what exactly he was doing leading the charge past museum guards into the building itself:

[A]s far as anyone knew I was part of this cause — a cause that I had infiltrated the day before in order to mock and undermine in the pages of The American Spectator — and I wasn’t giving up before I had my story. Under a cloud of pepper spray I forced myself into the doors and sprinted blindly across the floor of the Air and Space Museum…

The liberal blog Fire Dog Lake, which labeled Howley an “agent provocateur,” used a detail of a photo shot of the protesters just inside the entrance, and lined it up with Howley’s Facebook profile photo:

True to his admitted purpose, Howley mocked the 99 Percent Movement for a disorganized meeting at Freedom Plaza, the base camp for D.C.’s “Occupy Wall Street” franchise, derided the bulk of protesters for not disobeying the museum guards (“all of a sudden liberal shoes started marching less forcefully”), and said he was “proud” to get pepper sprayed:

I deserved to get a face full of high-grade pepper, and the guards who sprayed me acted with more courage than I saw from any of the protesters.

The evidence doesn’t seem to show that Howley incited protesters to do anything they weren’t already primed to do, but his stated intention to “undermine” the 99 Percent Movement and associated demonstrations — and his position leading the charge of protesters at the museum entrance — indicate a little more activism than simply an attempt to get a close look at protests, as Howley says, “for journalistic purposes.”

Update

The American Spectator scrubbed the original piece and reposted it with the words “in order to mock and undermine in the pages of The American Spectator” removed from a sentence where Howley described why he “had infiltrated [the protests] the day before.”

LGBT

Santorum Says Gay Soldiers ‘Cause Problems For People Living In Close Quarters,’ Endorses Ex-Gay Therapy

At the recent Republican presidential debate where a gay soldier was booed, Rick Santorum expressed his support for reinstating Don’t Ask, Don’t Tell by suggesting there should be “no sexual activity” in the military. On this morning’s Fox News Sunday, Chris Wallace challenged Santorum on this response, pointing out that lifting DADT has to do with troops serving openly, not their sexual activity. Wallace also pointed out that the rhetoric Santorum uses is exactly the same as was used in 1941 to oppose racial integration of the military. Nevertheless, Santorum not only doubled down on his opposition to open service for gay troops for the sake of “recruitment and retention,” but stated his beliefs that being gay is a choice, that it’s only defined by sexual behavior, and that “plenty” of people have changed their orientation through ex-gay therapy:

SANTORUM: We’re talking about people who are simply different because of the color of their skin, not because of activities that would cause problems for people living in those close quarters. [...] I know the whole gay community is trying to make this the new civil rights act. It’s not. It’s not the same. You are black by the color of your skin. You are not homosexual, necessarily — obviously, by the color of your skin. [...]  The idea that being black and being gay is the same is simply not true. There are all sorts of studies out there that suggest just the contrary, and there are people who were gay and lived the gay lifestyle and aren’t anymore. I don’t think that’s the case with anyone who’s black.

Watch it:

Santorum is wrong on so many counts:

Santorum’s comments make clear that his only concern is keeping homophobic soldiers fleeing the military, because “they’re in close quarters, they live with people, they obviously shower with people.” Perhaps Rep. Barney Frank (D-MA) offered the best response to this narrow line of thinking when he said, “Of course people shower with homosexuals. What a silly issue.”

Older

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up