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The ACLU: Not just a bunch of liberal hacks, continued

Laura W. Murphy: 'Fixing' Citizens United Will Break the Constitution: "In “Fixing Citizens United,” Professor Geoffrey Stone -- usually a friend to the First Amendment -- argues for a constitutional amendment to “fix” the Citizens United Supreme Court decision. Professor Stone mentions the proposal rather offhandedly, but the idea is a nuclear option. A constitutional amendment -- specifically an amendment limiting the right to political speech -- would fundamentally “break” the Constitution and endanger civil rights and civil liberties for generations."

Murphy is the director of ACLU's Washington legislative office. They're obviously advancing a radical liberal agenda.

Conservatives vexed to discover Congress has power of taxation

Well, not all of them. But some of them. Take this tweet, for example:

Which, well, yes.

The second-most-trafficked blog post I've ever written here is one I wrote while reading The Federalist Papers.  It's where I dive deep to discover that the Founders intended that Congress have unlimited power of taxation.  Now they obviously didn't expect that it would be used in unlimited fashion, but they were very specific that the power had to be unbounded. Here's one Constitutional case where we don't have to speculate about their intent, because they told us.

Here is Alexander Hamilton in Federalist 31:
As the duties of superintending the national defense and of securing the public peace against foreign or domestic violence involve a provision for casualties and dangers to which no possible limits can be assigned, the power of making that provision ought to know no other bounds than the exigencies of the nation and the resources of the community.As revenue is the essenti…

Next up: Barack Obama to put a tax on singing 'The Star-Spangled Banner'

Heartland Institute Reacts to Obamacare Ruling | Heartland Institute:  "“Today’s decision will go down in infamy. It marks the moment when we all lost our freedom because the Supreme Court drew a road map to guide those dedicated to imposing a totalitarian, statist government on the American people. “The majority opinion on the individual mandate, authored by Chief Justice Roberts, held that, so long as failure to comply with a government directive is penalized by something ‘reasonably’ called a tax, Congress can force Americans to buy anything. It can force Americans to do something, indeed anything, like eat broccoli. It can force Americans not to do something, like not be obese. Or even not sing the Star Spangled Banner. All of this would be lawful under this ruling today. “There is no limit on the evil coming, unless we amend our Constitution. A dark day for America, indeed.” Maureen Martin
Senior Fellow for Legal Affairs
The Heartland Institute "Emphasis added. No other …

Hey liberals: Get ready for the next Supreme Court battle

Ben and I have a fresh-fresh-fresh Scripps Howard column this week, reflecting on what lessons can be learned from the Supreme Court's ruling upholding the Affordable Care Act. Taking the victory at face value—though maybe I shouldn't—here's my take:
Liberals, enjoy the victory -- because now everything gets harder. And I mean everything. The Supreme Court's ruling doesn't end the debate over the Affordable Care Act, it simply throws it back to Congress. Obamacare-hating Republicans already run the House of Representatives. Further Republican victories in November could lead to an outright repeal of the law. It may be years -- if ever -- before the act joins Medicare and Social Security in relative safety from GOP assaults. Beyond that, liberals should understand -- as conservatives almost certainly do -- that the fight over Supreme Court nominees will become even more intense going forward. Conservatives don't believe that their argument failed; they believe…

Did John Roberts actually just kill the Affordable Care Act?

Although I have a Scripps Howard column coming out soon that suggests otherwise, I think it's possible that Chief Justice John Roberts decided to kill the Affordable Care Act today--not with the beheading that everybody was expecting, but with a slow-acting poison.

Consider this.

One of the big things the Affordable Care Act does is make it nearly impossible for insurance companies to deny coverage for pre-existing conditions. That removed a big obstacle for many people obtaining insurance, but it also created a problem--burdening those companies with huge medical costs that they were otherwise avoiding. The individual mandate was intended to solve that problem by sending lots of healthy people (and their cash) to the insurance companies, allowing the insurers to still make money.

By reframing the mandate as a tax, though, Roberts may have found the mechanism that blows the house of cards apart. Here he is, delivering the majority opinion:
Indeed, it is estimated that four million…

At Imprimis: Richard Vedder is wrong; education pays

At Imprimis—the "most influential conservative publication you've never heard of"—Ohio University economics professor Richard Vedder argues that the federal government is creating more problems than benefits with its student loan programs, and along the way makes a weird observation:
What about higher education being a vehicle for equal economic opportunity or income equality? Over the last four decades, a period in which the proportion of adults with four-year college degrees tripled, income equality has declined. (As a side note, I do not know the socially optimal level of economic inequality, and the tacit assumption that more such equality is always desirable is suspect; my point here is simply that, in reality, higher education today does not promote income equality.) Vedder kind of gives the game away with his postscript—he doesn't care about income inequality, he just thinks it a handy tool to use in the argument against education. And it's true in a very …

Citizens United, the FIrst Amendment, and the Daily News

I bow to no man in my love of the Philadelphia Daily News, but I'm occasionally driven to distraction by one odd habit of the newspaper: Printing letters to the editor that are simply wrong or misleading on the facts—without correction or any indication to readers that the information in the letter is incorrect.

Understand, I'm not talking about a difference of opinion here. I'm talking about easily quantifiable distortions, like Michael Kubacki's letter in today's paper:

In fact, prior to Citizens United, there were a number of corporations that enjoyed unlimited political-speech rights. Philadelphia Media Network Inc., which owns the Daily News, was one of them. In fact, every corporation that owned a newspaper or a radio or TV station was allowed to say whatever it wished, whenever it wished. Other corporations, however, could not. The major effect of the Citizens United case was simply to level that playing field. Let us cut through the usual dreary rhetoric ab…

The American Enterprise Institute's really awful new study on income inequality

A new paper from AEI's Kevin Hassett and Aparna Mathur says what you've heard about exploding income inequality in the United States is wrong: It's not really happening, they say, because consumption trends have remained relatively stable—the rich are consuming more, yes, but so are the not as rich.  It's a variation of the old "even poor people have color TVs now!" argument.

This is completely misleading.

Here is how you know it's misleading. Nowhere in the paper do Hassett and Mathur use the word "debt." And nowhere in the paper do the duo use the word "credit."Nor "bankruptcy."

Instead, the two suggest that debt is something kids do and adults pay their way out of: "Individuals are generally assumed to be able to smooth consumption by borrowing in the low-income years and saving in the high-income years."


Only that's not really true, at least not anymore. 


Here's what personal household debt has done during…

Obama and immigration: A reader responds

A reader of the Reading (Ca.) Record Searchlight does not like my take on the immigration debate. He writes:
You start by saying Obama did a "righteous thing." By whose definition? Is circumventing congress righteous in your opinion? Are constsnt rewards for illegal immigrants a good thing, knowing their presence puts millions of Americans out of work (including minorities, the poor, the young, and blue collar workers) and costing us well over $100 billion per years a righteous thing? I am assuming you are on the liberal side of things. Liberals seem to operate on emotion. I think that they believe that heart-felt emotion trumps reason, logic, and adhearance to the law. You admit that we, as a nation, have the right to defend its borders and enforce our laws, but you just don't want us to do that for "moral" reasons. Huh? is it moral that the people of our country constantly suffer at the hands of of millions of illegals and a federal government that has an age…

Of *course* China's economy is slowing down

Chinese Data Said to Be Manipulated, Understating Slowdown - NYTimes.com:
"Record-setting mountains of excess coal have accumulated at the country’s biggest storage areas because power plants are burning less coal in the face of tumbling electricity demand. But local and provincial government officials have forced plant managers not to report to Beijing the full extent of the slowdown, power sector executives said. Electricity production and consumption have been considered a telltale sign of a wide variety of economic activity. "One quick, obvious thought: Of course China's economy is slowing down. It's an export-based manufacturing economy--and consumers in the rest of the world are either A) holding onto their cash, B) don't have any cash, or C) are paying down old credit cards. We're not buying as much stuff as we used to. That means China can't sell as much as it used to. China may be stronger than a lot of Western nations, but n a globalized economy,…

Mitt Romney and the crisis of capitalism

The New York Times reports that even when Mitt Romney lost, he won: "The private equity firm, co-founded and run by Mitt Romney, held a majority stake in more than 40 United States-based companies from its inception in 1984 to early 1999, when Mr. Romney left Bain to lead the Salt Lake City Olympics. Of those companies, at least seven eventually filed for bankruptcy while Bain remained involved, or shortly afterward, according to a review by The New York Times. In some instances, hundreds of employees lost their jobs. In most of those cases, however, records and interviews suggest that Bain and its executives still found a way to make money."

The Times adds: "Bain structured deals so that it was difficult for the firm and its executives to ever really lose, even if practically everyone else involved with the company that Bain owned did, including its employees, creditors and even, at times, investors in Bain’s funds."


If there's a crisis of capitalism these days…

Obama and immigration

Ben and I debate the president's DREAM Act order in this week's column for Scripps. My take:
Obama did a righteous thing.  Yes, America has a right to defend its borders. And yes, it has the right to deport people who came and lived in our country illegally.  But it would be morally wrong to deport young people who came to the country as children -- and who, having lived here most of their lives, genuinely understand themselves to be Americans. The sins of the father, after all, should not be visited upon the son.  In a sane political culture, Congress would have passed a law -- the DREAM Act -- codifying such principles. We do not live in a sane political culture: The last attempt to pass the act, in 2010, won a majority of votes in the Senate, but could not clear a filibuster. (The filibuster is evil, but that's a discussion for another time.)  So it's disingenuous of people like Rubio to suggest that the president's act made it "harder to find a balan…

On being a stay-at-home dad

I wrote about it for The Philly Post. A taste:
"At times, I wonder if I’m ruining him. Why? Because writing takes sustained thought. And sustained thought is hard to come by when your kid needs clothes, needs to go outside, needs to go inside, needs something to eat, needs something to drink—”I’m so very hungry and firsty” are words he utters a dozen times a day—needs boo-boos kissed, needs a book read, needs a hug, needs to interrupt me when I’m on the phone, needs, needs, needs, needs everything but to take a goddamned nap once in awhile. Sometimes I give him my iPad and send him off to watch Thomas The Tank Engine for a couple of hours—just so I can get some work done. Great parenting, right?"

Dear Stu Bykofsky: Please never write about Asian women ever again

It's been less than a year after Stu Bykofsky creeped out Philadelphia with his wink-wink did-he-or-didn't-he? column about his trip to Thailand and the easy availability of sex with prostitutes there. Today, he's writing—again—about Asian women and sex. To be fair, the topic is at least newsworthy: Philadelphia Housing Authority director Michael Kelly resigned last week and admitted an affair with Audrey Lim, a Singapore native who also got the job of PHA's human resources director under Kelly. Bizarrely, though, Kelly—who comprised one-half of the affair and who was, after all, the person who apparently abused his authority in this case—gets only a passing mention in Byko's column. Instead, Stu weaves a tale in which Lim spins a web with her dragon lady wiles: Her name is Audrey Lim and she is from Singapore. She did the right things to prepare herself for success. She earned a master's degree in occupational therapy, a master's in government administ…

How about we make the workers into shareholders?

At The Claremont Review of Books, William Voegeli--friend and occasional nemesis--acknowledges popular discontent with capitalism, and intriguingly suggests that can be fixed by making capitalism something people do--as opposed to something that happens to people. Most intriguingly, he suggests giving workers a stake in their companies by tying wages--in part or in whole--to the success of the enterprise. He suggests that labor unions have been the biggest obstacle to such an arrangement:
"The greatest monument to the illusion that employees can and should prosper regardless of the economic condition of their employer is the rusting ruin that's the American labor movement. In Which Side Are You On? (1991), labor attorney Thomas Geoghegan lamented that the failure to take the biggest equity position it could in the industries where it represented workers "was the longest-running mistake in the history of labor, the unwitting, almost Gandhi-like renunciation of power."…

What does social science prove about gay marriage?

David French says that liberals are so committed to gay marriage that they'd be in favor even if it demonstrably harmed children of gay marriage:
"There could exist definitive social science that homosexual families produce — on average — worse outcomes for their children than heterosexual families, and the fervor of the gay-marriage advocates would be undimmed. After all (and like no-fault divorce), the case for gay marriage has never been about the welfare of children, but instead, the fulfillment of adults.  "At risk of saying, "I know you are but what am I?": Does anybody really think that the mass of social conservatives would drop their opposition to gay marriage even if definitive proof existed that children did better in gay families? I think the mass of opposition to gay marriage is rooted in religious beliefs—people believe it to be morally wrong—and field research probably isn't going to persuade them otherwise. The emphasis on "the welfare o…

Let's raise taxes to pay for our wars

Walter Pincus makes a sensible suggestion:
"Given today’s situation, why doesn’t President Obama link his request to restore Clinton-level taxes on the wealthy to the $88.5 billion requested for fiscal 2013 to pay for continuing the war in Afghanistan and counterterrorism efforts worldwide? That Overseas Contingency Operations (OCO) account, the supplemental appropriation created to fund Iraq, Afghanistan and other military actions abroad, is expected to continue as long as the United States has troops in Afghanistan and elsewhere overseas confronting terrorists. For planning purposes, the Congressional Budget Office sees the OCO account running $44 billion a year through 2022. What about Obama, Romney or even hawkish members of Congress introducing a special excise tax on telephone calls or even Internet usage or ending some tax loopholes to pay that $44 billion a year. Taxes have been used to pay for America’s past wars going back to the War of 1812 — except for Iraq and Afghani…

The French bookselling model: Nice idea, but bad for readers

French Bookstores Are Still Prospering - NYTimes.com:  "Since 1981 the “Lang law,” named after its promoter, Jack Lang, the culture minister at the time, has fixed prices for French-language books. Booksellers — even Amazon — may not discount books more than 5 percent below the publisher’s list price, although Amazon fought for and won the right to provide free delivery. Last year as French publishers watched in horror as e-books ate away at the printed book market in the United States, they successfully lobbied the government to fix prices for e-books too. Now publishers themselves decide the price of e-books; any other discounting is forbidden. There are also government-financed institutions that offer grants and interest-free loans to would-be bookstore owners."Notice who wins in this scenario: Publishers and booksellers. Readers? Not so much. It's readers who benefit from price competition, after all.

Consider this: The list price of "Do Not Ask What Good We Do,&…

Today in Philadelphia Police corruption: Yes, *that* dumb

Philly cop charged with selling heroin:  "THE IDEA to start selling heroin apparently wasn't dumb enough in the mind of young Philly cop Jonathan Garcia. The 23-year-old had to go and do it on duty. In uniform. Across the street from the district headquarters where he was assigned in Point Breeze."In fairness: There is no John McNesby quote defending the guy.

Death of football watch: Why 'Friday Night Lights' isn't quite as much fun

A New York Times feature on how even professional football players are saying they won't let their kids play, for fear of long-term health problems:
"Jay Coakley, a sports sociologist at the University of Colorado at Colorado Springs, said: “Football is really on the verge of a turning point here. We may see it in 15 years in pretty much the same place as boxing or ultimate fighting.” In other words, less a lucrative American colossus and more a niche sport beloved for its brutality."On a related note, I (finally!) watched the pilot episode of "Friday Night Lights" last night, after years of hearing worshipful hubub from my friends. I was particularly struck by an early scene in which Taylor Kitsch's character--having shown up to practice half-drunk--is put at the center of a circle of teammates and tackled by each of them, taking turns, while the coach yells at him for his transgression.

The coach in the series is supposed to be a good guy. And the scene is…

Nash Keune's misleading numbers on the food stamp program

At NRO, Nash Keune asks why the food stamp program is still growing if unemployment is coming down:
"In 2000, only 17.3 million people were on food stamps. That number has ballooned to 46.6 million. Of course, it makes sense that participation in a countercyclical program would increase during a recession. But the number of people using food stamps has grown much more than the participation in other similar programs. For example, Medicaid spending increased 27 percent during the recession, while food-stamp spending has jumped 110 percent.  Conversely, as the unemployment rate has come down in the last couple of years, the participation rates have actually jumped. From FY 2009 to FY 2011 the number of people receiving food stamps increased by 11.2 million even while the unemployment rate declined modestly. Even according to the rosy economic predictions of the Congressional Budget Office, the number of people on food stamps is projected to drop back only to 33.7 million by 2022, a…

Would Obama attack Iran to beat Romney?

I'm not sure what to make of this assertion from Victor Davis Hanson at NRO:
"Suddenly around October the world will become absolutely unsafe. In these dangerous times, Americans must forget their differences, come together, and embrace a bipartisan unity — given that it may be necessary, after all, to hit the Iranian nuclear facilities, since we’ll have learned that the bomb may be a reality by, say, mid-November. Just as we have been reminded that Barack Obama has saved us by his brave decisions to use double agents in Yemen, computer viruses in Iran, Seal Team Six in Pakistan, and philosophically guided Predator assassination hits, so too a strike against Iran may suddenly be of vital national-security interest, though keenly lamented by a Nobel laureate nose-deep in Thomas Aquinas. " Emphasis added. There is a double-standard at work over the last 30 years or so: When Republican presidents go to war, they're righteously defending the country. When Democratic pres…

One way to fight the recession: Communal living

Census Bureau: "In spring 2007, there were 19.7 million shared households — defined as a household with at least one “additional” adult. An additional adult is a person 18 or older who is not enrolled in school and is neither the householder, the spouse nor the cohabiting partner of the householder. By spring 2010, the number of shared households had increased to 22.0 million while all households increased by only 1.3 percent."

Mitt Romney learned the wrong lesson from Sarah Palin

Something I think many rank-and-file conservatives have misunderstood about the left's emphasis on diversity is that it's not just about getting women and minorities at the table for the sake of getting women and minorities at the table—it's often an attempt to tap and develop the talents of people who have traditionally been blocked from fully practicing those talents. Republicans tend to cast diversity efforts almost exclusively in terms of pandering—which may be why, when they get around to trying to promote diversity in their own ranks, they often do it in the worst, most pandering way possible.
Which brings us to Sarah Palin.
Shortly after she was picked for the GOP vice presidential nomination four years ago, I wrote—in a blog post that appears to be lost to the ages—that if it failed, Republicans would learn learn the wrong lesson from that failure—and see the problem more in Palin's gender than in her obvious deficiencies as a national-level candidate. Via Jona…

'Religious freedom' is just another word for 'nothing left to lose'

I think we're entering the phase where invocations of "religious freedom" are increasingly losing their meaning. The latest example is in Harrisburg, where the Catholic Church is backing a bill to eliminate Department of Public Welfare oversight of church-based day cares and give it to the state's Department of Education—which, incidentally, has no power or infrastructure to actually regulate those day cares:
"The committee chairman, Sen. Jeffrey Piccola (R., Dauphin), said the bill was needed because of "continuing encroachment that impacts the religious mission of schools and day-care facilities." When pressed by other lawmakers, neither Piccola nor a lobbyist for the Pennsylvania Catholic Conference, which supports the measure, could cite an instance where there had been an attempt by state officials to interfere with any religious curriculum."We have enough battles over the appropriate spheres of public and private responsibility that I'd h…

Alexander Aan: 'God does not exist'

Press release in my inbox just now:
Atheist Alliance International (AAI) has launched the 'God Does Not Exist' campaign to draw attention to the case of Alexander Aan, the Indonesian atheist attacked and arrested in January 2012 after posting 'God does not exist' and articles and cartoons about Islam on Facebook. Aan was convicted by an Indonesian court on 14 June 2012, sentenced to two years and six months jail and fined Rp100 million (c.US$10,600). AAI urges people to exercise their freedom of expression by tweeting messages of support for Aan with the hashtag #goddoesnotexist and posting 'God Does Not Exist' on their Facebook page.Here's more on the case from the New York Daily News.

I mention this, because in similar cases in which people have been persecuted or prosecuted for making drawings of Mohammed, lots of folks on the "clash of the civilizations right" have been eager to show solidarity—and, not incidentally, insult Islam—by also draw…

Why Pennsylvania's liquor business should be privatized

Top LCB officials said to take gifts, favors from vendors:
"The report names LCB chief executive officer Joe Conti, board member Patrick J. "P.J." Stapleton III, and marketing director James Short as having accepted gifts and favors, including wine and tickets to sporting events and golf tournaments. It says one LCB vendor secured a round of golf with a pro for Stapleton during a tournament at Aronimink - and sent two employees to serve as Stapleton's caddies."It seems to me that this is the kind of back-scratching behavior that goes on all the time among private business executives—maybe slightly unseemly, if that, but never rising to the level of outright bribery. What makes this report newsworthy is that it's not private business executives taking the gifts: It's state officials. And that's something different.

Saving liquor execs from charges of graft isn't really a reason to privatize Pennsylvania's system of state liquor stores—it's…

Stay-at-home dads on the upswing

I'm a trend-setter: "Nationwide, the number of stay-at-home dads has more than doubled in the past decade, as more families are redefining what it means to be a breadwinner. There were only about 81,000 Mr. Moms in 2001, or about 1.6 percent of all stay-at-home parents. By last year, the number had climbed to 176,000, or 3.4 percent of stay-at-home parents, according to U.S. Census data."

Of course, that's still a very small trend.

Mayor Nutter hates home cooking

Me today at The Philly Post, writing a letter urging President Obama to hire Mayor Nutter away from us:
"You can probably sympathize with the mayor because he, like you, has found his time in office derailed by a cratering economy and the desperate, flailing need just to keep the ship afloat. Neither of you get the credit you probably deserve for the fact that our city and nation simply haven’t burned down in the last four years.

Still, Mr. President, you at least got a version of health care reform enacted. You ended Don’t Ask Don’t Tell. You ended the war in Iraq. These have been mostly good things, substantive stuff that improves lives.

Mayor Nutter’s had a harder time coming up with a signature achievement. The AVI failure is most recent, but it’s not been so long since he failed in his attempt to impose a tax on sugary drinks. Has any Philadelphia mayor so routinely failed to get City Council backing for his initiatives?" Head over to PhillyMag to read the whole thing.

Billy Eger writes in

I hadn't heard from my most-loyal correspondent in quite some time. Never fear, he's still tracking me:
Hey joel,thats the first time in 3yrs you kinda told the truth.whats wrong giving up on your marxist ideas?that hope an change not working out like you thought?ps. Its been 3yrs he had to work on it NOT 27 months.your a joke As is often the case: I have no idea what he's talking about. But it pleases me to receive Billy's emails. It really does.

Turns out Republicans don't want campaign-finance transparency, after all

Back when Citizens United was decided, I suggested that we'd soon see a movement toward keeping campaign donors secret: "The effects of corporate money flooding campaigns can be somewhat counteracted by know who is spending the money and where it’s going to. Soon, though, we might not even have that. And what we’ll have is millions upon millions of dollars being spent to sway voters without those voters having any understanding of how the system is really working. That’ll be good for corporations and the candidates they support. But it won’t be so good for the rest of us — or for our democracy." And I said it because that was the clear aim of the big-money advocates.

I mention this because, in a rare bit of vindication for my political prediction abilities, that's precisely what has come to pass. Fred Hiatt gives the overview today:
Republicans always dangled this apple in the most alluring way. Political money will find a path, they would insist. Give up! Give in! We…

John McNesby hates accountability for Philadelphia Police, continued

In Philadelphia, a homicide detective falsifies his time sheets and gets fired—and his supervisors are reprimanded. FOP President John McNesby is on the scene:
"The murder rates in Philadelphia are through the roof, and guys like Kenny Rossiter clear the murder rates," McNesby said. "If I had a relative who had been murdered, I would want somebody like Kenny Rossiter on the case, whether he's home, whether he's at the office, or whether he's in North Wildwood." We all love movies featuring hard-bitten detectives who have deep, compromising flaws. In real life, Kenny Rossiter effectively (and, perhaps I should say, allegedly) robbed Philadelphia taxpayers of money. And that's a problem: We can't find any homicide detectives who don't cheat their employers?

I sometimes wonder if I give McNesby too hard a time: He very often shows up in the paper when some bit of police malfeasance in the news, and it's his job to provide a defense to member…

The ACLU: Not just a bunch of liberal hacks

Via Radley Balko, we see that the ACLU is defending (PDF) a student who wore an anti-gay-marriage shirt to school

Read the whole thing. And as always, I ask: Would the righty American Center for Law and Justice take similar action on behalf of a gay student? No. No it wouldn't.

Marco Rubio's bad reason to oppose President Obama's immigration policy

NYTimes.com: "Congressional Republicans were more pointed in their criticism, but they too were careful not to oppose some kind of solution to the problem of young people who are in the country illegally but who are productive, otherwise law-abiding residents. Senator Lindsey Graham, Republican of South Carolina, denounced it as “possibly illegal” for essentially bypassing lawmakers. Mr. Rubio said the announcement would be “welcome news for many of these kids desperate for an answer,” but that by going around Congress, the president had made it “harder to find a balanced and responsible long-term” solution." (Emphasis added.)

Poppycock. The reason the president took action is that a "balanced and responsible long-term solution" has been impossible to come by in Congress. President George W. Bush tried and failed to achieve sane immigration reform when his party had control of Congress—but his party also has too many nativists who take a hard line against any path …

John Yoo doesn't like President Obama's immigration decision

Torture advocate John Yoo—who believes that the president has the legal power to order the testicle-crushing of a suspected terrorist's child and maybe even to suspend the First Amendment—believes that President Obama exceeded his power by saying he won't deport the children of illegal immigrants: "So what we have here is a president who is refusing to carry out federal law simply because he disagrees with Congress’s policy choices. That is an exercise of executive power that even the most stalwart defenders of an energetic executive — not to mention the Framers — cannot support."

This is actually completely consistent of Yoo, for one reason: President Obama didn't use "war" as the justification for the policy. But Yoo's history indicates there are virtually no limits on a president's powers if war-making is the justification. So Yoo would be conceivably be helpless—unless, of course, he's merely an opportunistic hack—if President Obama coul…

Why can't Obama work with Congress?

A conservative friend recently told me that President Obama needs to be replaced with someone "who can work with Congress." But it's not entirely Obama's fault that Congress has been so unworkable. Michael Tomasky explains:  "On the night of Obama's inauguration, Draper writes, about 15 GOP legislators from both houses--along with Newt Gingrich, journalist Fred Barnes, and pollster Frank Luntz, who arranged the evening--got together at a Washington restaurant. They were not necessarily the party's official leaders, but they were the emotional leaders of the new breed--Jim DeMint, Eric Cantor, Kevin McCarthy--which is to say, the cohort to whom many others were looking for leadership; indeed, if you know anything about Mitch McConnell, to whom the leadership was looking for leadership. They talked for four hours about what their posture should be. They agreed that night: oppose everything in completely unity. Show, Draper writes, "united and unyieldin…

Is the private sector doing fine?

Maybe a little late, Ben and I discuss President Obama's comments in our Scripps Howard column. My take:
Obama was wrong: The private sector isn't doing fine. It's doing astoundingly great -- better than ever, in fact.

No, really.

How do we know this? Because corporate profits now comprise more than 10 percent of America's gross domestic product. As Reuters' Felix Salmon noted, that number has never been that big, ever. For comparison's sake, corporate profits topped out at just under 5 percent of the GDP at the end of Ronald Reagan's presidency.

Instead of investing those profits and creating new jobs, which has been the usual pattern after previous recessions, corporations are sitting on the cash and hoarding the money. That's their right, but nobody should think that the private sector is doing poorly, and it belies the notion that Obama is running an anti-business administration.

It's the rest of us who aren't doing so well.

Corporate cash h…

John McNesby really, really hates accountability for Philadelphia police

Philadelphia Police are going to experiment with a new system that attaches cameras to cops and lets them record incidents from their point of view. John McNesby, president of the Fraternal Order of Police, is naturally outraged: ""We're 500 cops below where we should be, so I'd be totally against it until they hired those officers, repaired every police station and put decent cars on the street," McNesby said. "When they finished that, I'd be more than willing to discuss putting cameras on officers.""

In other words: Never. You can have your accountability never.

Now: We all want police to have the best possible working conditions. But "best possible working conditions" shouldn't be necessary to ask police for some accountability. In any case, it's pretty obvious that  even if City Hall met McNesby's named conditions, he'd just move the goalposts a bit. The goal here to let police act as they will without interferenc…

About Gays and Mennonites

Back in 2001, I attended a national gathering of Mennonites in Nashville that brought two strands of the church together into the new Mennonite Church USA. It was a weird week—one that both made me thrilled to be a Mennonite, but also helped set my path out of the church.
The official gathering was on the grounds of the Opryland Hotel. But across the street from that, there was a second gathering—of gay and lesbian Mennonites. While individuals were allowed into the main gathering of Mennonites, the group itself wasn't allowed to put up a booth or display in the convention hall. So they met separately, sharing stories and worshiping together.

I made the trip across the street, and doing so permanently transformed my feelings about the church and its treatment of gays. It was meeting two gay middle-aged Mennonite men—one of whom had nursed the other through a heart attack—that I found compelling. They shared a real love, one that allowed them to serve each other in a real and genu…

Using yourself as collateral for a college loan

There are a few problematic things about Luigi Zingales's proposal to privately finance the college education of bright young students—starting with the fact that if you have to pre-emptively explain to readers that "this is not indentured servitude," it's probably indentured servitude.

But what really bothers me about the proposal is the assumption underlying this entire statement from Zingales: "This is not a modern form of indentured servitude, but a voluntary form of taxation, one that would make only the beneficiaries of a college education — not all taxpayers — pay for the costs of it."

This presumes that only the recipient of a college education is the beneficiary, and that's not even close to true. One reason the feds underwrite student loans—and why states still pay for public universities, even if that commitment is diminshing—is that the country benefits hugely from having a better-educated workforce. Those trained minds help create innovation…

Deep Thought

Hmmm. Looking at my posts today, I wonder if people will think I'm turning conservative. I'm not. I just believe in a liberalism that meets the world as it exists--and that world has lots of people who aren't liberals. It's tough to get much done without securing their assent—or, at least, the assent of enough of them.

Are gay rights and religious freedom in conflict?

I don't think they have to be, but it appears they are in New Mexico:
"In 2008, the New Mexico Human Rights Commission found Elane Photography, an Albuquerque photography studio co-owned by Elaine Huguenin and her husband, Jonathan, guilty of discrimination on the basis of sexual orientation for refusing to photograph Vanessa Willock’s same-sex “commit ment ceremony.” The court ordered the business to pay $6,600 in attorney’s fees. If it was little surprise that the commission found in favor of Willock, it was a shock when, last month, the New Mexico Court of Appeals upheld the ruling. The three-judge panel rejected Elane Photography’s claim that forcing the business to photograph the same-sex ceremony against its conscientious objections constituted “compelled speech” in violation of the owners’ federal and state rights. It also rejected the Huguenins’ claims to protection under the First Amendment’s “free exercise” clause and the New Mexico Religious Freedom Restoration Act…

Atrios is wrong about California's HSR and liberal spending priorities

I think Atrios is right to keep pounding away at the idea that our elites love to bail out banks and leave austerity to the poor masses. But I think he's wrong that liberals should love California's High-Speed Rail project, even though there are massive cost overruns and questions about its utility: "My point is, on the rare occasion that the government is considering giving us some nice things, we should probably just stand up and applaud, even if we can imagine even nicer things that the government should give us but won't. The choice isn't between HSR in California and What Atrios Wants To Spend Money On, the choice is between HSR and, you know, more high tech killing machines, money for war contractors, and tax cuts for rich people."

Not really. There will always be money for high-tech killing machines, war contractors, and tax cuts for the rich. So liberals really need to prioritize what they want to do with a not-limitless pot of resources—particularly …

'Mad Men' and the infantilization of America, continued

Mad Men creator Matthew Weiner kinda-sorta confirms my theorizing about how Depression-era generation helped create the never-grow-up culture that followed it: "One of my things is that human behavior doesn't change, but certainly the manners change, and what you're watching is the manners changing.

And I use it in every aspect of the storytelling. And it's a very fine gradation, and it's hard to do, but I think the audience felt that there was this kind of precipice, and Don feels it, too. It's not just about people saying exactly what they want. When Megan's going to follow her dreams, because that's what she wants to do, and Roger says, "My father told me what to do," and Don says, "I grew up in the '30s; my dream was indoor plumbing." We take it for granted that you can choose what you want to do. That's all part of a new generation, and very soon there's going to be a generation doing whatever it wants, and they'…

Death of Football Watch: Pop Warner makes changes

The kiddie football league limits full-speed collisions—but only in practice. In games, it'll still be legal to watch your child get his block knocked off: "Dr. Matt Grady, a pediatric sports medicine specialist at the Children’s Hospital of Philadelphia, said the new rules, while a good start, did not go far enough, and that the emphasis in football for players who have not yet reached high school should be on developing skill and technique, not learning how to tackle. “Playing tackle football at 10 years old doesn’t translate to being a pro athlete,” he said. “I think the ability to catch and run and throw translates to being a pro athlete. Players should develop these skills, and then we can add in the collisions later.”"

As I think I've said before, it's going to be increasingly untenable for most parents to let their kids play tackle football as it becomes more and more clear that the game takes a huge toll on their bodies. That'll dry up the supply of p…

Archbishop Chaput pleads for a state bailout

The leader of Philadelphia Catholics urges Harrisburg to pass vouchers, or he'll have to close schools: "What I noted in February is even more pressing today: Without new scholarship tax credits and school vouchers to relieve costs, more archdiocesan schools will close soon, and more of the financial burden of educating young people will fall on the public."

But even under Chaput's solution, more of the financial burden of educating young people will fall on the public. Students whose education isn't currently publicly subsidized would be for the first time, a likely hit to taxpayer wallets over time.

Conservatives who balk at auto industry bailouts will be amenable to Chaput's proposal. But it's worth considering the idea that Catholic schools are failing of their own accord: Philadelphia church pews aren't as full as they used to be, certainly, so it makes sense that the population of students for church schools would also be in decline. Chaput is b…

Hey, I think he's talking about me!

At least he managed to get the link right.

Richard Arenberg is wrong about the filibuster

A scholar writes in defense of filibusters: "But those seeking to end the filibuster would rue the day. We need only recall how overzealous majorities in the Wisconsin legislature attacked collective bargaining, or in Virginia sought to impose mandatory vaginal probes on women seeking abortions. We can easily imagine efforts to overturn health reform, repeal financial reforms, cripple environmental regulation, scale back Medicare, privatize Social Security, or drill for oil in the Arctic Wildlife Refuge. If Mitt Romney is elected with a Republican Congress, without the historic protections in the Senate rules, where could a Democratic minority turn?"

I'm fine with rewriting the rules, as Arenberg suggests—my own suggestion would be that filibusters actually be filibusters, and to make Mitch McConnell stand in the Senate well for 50 hours at a stretch if he really wants to block President Obama's appointments to the judiciary. It might simply be easier, though, just t…