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Democratic Pressure on Obama to Restore the Rule of Law
WASHINGTON - In a Senate hearing room in September, weeks before Barack Obama won the election, a series of law professors, lawyers and civil libertarians outlined one of the biggest challenges that will be facing the next president: bringing the United States government back under the rule of law.
Senator Feingold has been compiling a list of areas for the next president to focus on, which he intends to present to Mr. Obama. It includes amending the Patriot Act, giving detainees greater legal protections and banning torture, cruelty and degrading treatment. He wants to amend the Foreign Intelligence Surveillance Act to restore limits on domestic spying. And he wants to roll back the Bush administration’s dedication to classifying government documents. Over the past eight years, they testified, American legal traditions
have been degraded in areas ranging from domestic spying to government
secrecy. The damage that has been done by President Bush, Vice
President Dick Cheney, former Attorney General Alberto Gonzales and
others is so grave that just assessing it will be an enormous task.
Repairing it will be even more enormous.
This was not a new complaint. Civil liberties advocates have been sounding the alarm for years. The difference now is that a Democrat is about to assume the presidency, and one of the most ardent defenders of civil liberties in his party - Senator Russ Feingold of Wisconsin - is dedicated to putting the restoration of the rule of law on the agenda of the incoming government, with the support of the American Civil Liberties Union and other groups.
Mr. Feingold, who is chairman the Senate Judiciary Committee's subcommittee on the Constitution, already has left his imprint on campaign finance, with the McCain-Feingold law, and has been a leading critic of pork-barrel spending and corporate welfare.
Now he has a new cause. Before the election, Mr. Feingold argued that whoever won should make a priority of rolling back Bush administration policies that eroded constitutional rights and disrupted the careful system of checks and balances. Now that Mr. Obama - a onetime constitutional law professor who made this issue a cause early in the campaign - has won the election, there is both reason for optimism and increased pressure on the president-elect to keep his promises.
Mr. Feingold has been compiling a list of areas for the next president to focus on, which he intends to present to Mr. Obama. It includes amending the Patriot Act, giving detainees greater legal protections and banning torture, cruelty and degrading treatment. He wants to amend the Foreign Intelligence Surveillance Act to restore limits on domestic spying. And he wants to roll back the Bush administration's dedication to classifying government documents.
Many reforms could be implemented directly by the next president. Mr. Obama could renounce Mr. Bush's extreme views of executive power, including the notion that in many areas, the president can act as he wants without restraint by Congress or the judiciary. Mr. Obama also could declare his intention not to use presidential signing statements as Mr. Bush did in record numbers to reject parts of bills signed into law.
Congress also has work to do. Many of the excesses of the last eight years have been the result of Mr. Feingold's colleagues' capitulation as much as presidential overreaching. He expects Congress to do more than just fix laws like the Patriot Act. He wants the Senate to question presidential nominees closely at their confirmation hearings about their commitment to the rule of law. And he hopes Congress will do its duty to impose the rigorous supervision it rarely imposed in the Bush years.
Restoring the rule of law will not be easy, Mr. Feingold concedes. Part of the problem is that it is hard to know how much damage has been done. Many programs, like domestic spying and extraordinary rendition - the secret transfer of detainees to foreign countries where they are harshly interrogated - have operated in the shadows.
And it would be a mistake to overlook Congress's role. Members from both parties voted for laws like the Military Commissions Act of 2006, which stripped detainees of habeas corpus rights, and looked the other way while the rule of law was diminished.
Still, Mr. Feingold is convinced that this is a critical moment. If the next president does not reverse the Bush administration's doctrines, he fears that they will no longer simply be the policies of one extremist president. The danger is that they will be the nation's new understanding of the Constitution.- Posted in
46 Comments so far
Show AllMake Feingold the Attorney General.
Here! Here! Great choice!
M.S. :Norman Siegel for AG, former director of the NY Civil Liberties Union.
How about restoring the Rule of Law in Palestine?
Feingold has subverted and corrupted this potential at every turn.
My GUESS, is that his allegences are first to Israel, then 'the rule of law' for Palestinians.....which means they can drop dead, huh?
His halo is dripping blood.
If the rule of law is restored in America it will go a long way in solving most of our problems. The left and rights subversion of the rule of law is what has led us to this sorry state.
Selective compliance is the tool of bigots and demagogues.
Give me an example of 'the left,' subverting the rule of law, and I'll send you $1,000. Or a quarter pound of Something Lovely.
Or, I will concede ignominious moral obscurity and intellectual irrelevance to you.
P.S. not 'rights rule of law,' rather 'right's rule of law,' if that works for you. (Or not)
Signed, a Leftist. a Liberal. a Marxist. a Relativist.
Well send the money. The left has supported illegal immigration from the word go. Continues too, no matter its been shown that its a matter of cheap labor mnot a social matter.
ACLU and a litney of leftist organizations have subverted the law continually since 86 to keep illegal aliens in this country.
That by any definition is subverting "the rule of law"
I'll take the quarters please.
signed a liberal, a realist, but never a Marxist
Incorrect. European invaders stole much of America from Mexicans by murder and war. You call THEM illegals? How White of you.
Not to mention that 'illegals' have been straight invited here, by Rayguns as you inferred, I do believe "who else would pick our lettuce? Be our Slaves?" A point you gloss over conveniently; do YOU eat vegetables? Or benefit from the SlaveLabor you call criminal? i.e. do you live in the U.S?
By the way, quarters are for video games.
I'm from NorCal, during harvest season, our quarters don't operate games.
P.S., we are both hard core CD'rs, a kind of smart family; A best day to you Thomas More.
Thats OK they stole it themselves, somebody has to be the last "stealee", is that a good word?.
I wouldn't even begin to suggest that business hasn't used government to exploit these folks. Thats the rights subversion of the rule of law and far, far more detrimental to all concerned than the lefts soft hearted position.
There isn't any problem getting our lettuce picked by non illegals except that the farmers (read agribusiness) won't make as much and they won't be able to spit on these people any more.
I'm from Texas and I certainly know what you are speaking about. And the abuses here are disgraceful. I'd hang some of these bastards (my apoligies ladies) up by their genetalia if I could. Maybe ya'll don't have the same abuses out there, but I'd be surprised. They raided a manufacturing plant about 35 miles from here and you wouldn't believe the stuff they found out. Forced to live on site, some of the girls forced to service some of these scum, etc.
A good day to you too sir.
Thomas More: I never heard the phrase "the rule of law" used until Bill Clinton was being impeached over you know what, by Republicans.
RAD post.
I'd also like an example of when and how "the left" in the US has ever subverted the rule of law. When has there ever been a left empowered to even do such? However, plenty of milquetoast centrists have broken the law over these many lawless decades, along with their partners in crime on the right. By going along with the Bush crime family for 8 years, on nearly every issue that matters, Democrats have shown how very willing they are to subvert the law for political expedience. And there are no leftists among those culpable Democrats.
The general concept (undoing the outlaw and renegade measures of the past 8 years) is a good guiding principle--but as always the devil is in the details. Some details in need of further elaboration are:
Which laws will be abolished or ammended (and how are such laws to be ammended).
How much money will be dedicated to funding proper law enforcement.
I disagree with the suggestion that Russ Feingold be made AG. His potential role in undoing perverse legislation and his seniority in the Senate make him much more valuable right where he is.
Russ Feingold needs to hold many more hearings--especially with current and former command judge advocate generals on the perversions to "military justice"--in order to document this disturbing trend with more precise specificity.
Poet
Don't you people see anything ODD about a discussion of whether or not the US should return to the rule of law?
Especially since you are still cliaming to be a model democracy?
Or maybe the US is really Argentina...or Chile?
"Don't you people see anything ODD about a discussion of whether or not the US should return to the rule of law?"
Not really. Unfortunately we have had a number of people on the left and right subvert our laws over the last two decades or so. Mostly right. They felt it was for the common good in some cases, but its never good to practice selective compliance. That leads to what we have now.
I too cannot remember of a subversion of the rule of law coming from the left here. Perhaps you are mistaken? But ignominious and irrelevant, you are not.
Joe
"But ignominious and irrelevant, you are not."
What a very kind thing to say. Its very much appreciated.
I was referring to the support for illegal immigration last year when I was thinking of that. I think its fairly clear that many on our side were sucked in by corporate facades of social morality, etc when it came up. Hopefully, the media will begin to reflect the truth of the cheap labor advocates and expose who funds a lot of them.
I agree moon, it is odd.
However, the so called rule of law has always been selectively inforced in the USA - the odd thing is the fact that the Constitution has been gutted by Bush Co.(just like the issue of torture) is now openly discussed and still people are doing so little to stop it. The US used to be a democracy. Now at least alot of people know how corrupt this country has become. Unfortunately, alot of Americans know nothing about the law or the Constitution. The media and the educational system here make sure of that.
That Bush would create the “Unitary Executive” concept shows how small a man he really is. Whether or not Obama turns from that power is yet to be seen. But this is like asking for another George Washington who did so way back in the day. Good luck with that. We shall see what happens...
Amused:slight change of that: Bush didn't create the "Unitary Executive", it's been around at least as long as Nixon era, I think, with some of the same folks waiting for a chance to put it in, i.e.Cheney. DemocracyNow has covered it a lot. www.democracynow.org The Federalist Society, a lawyers group of very Conservative folks, are now positioned in many parts of the gov't:Supreme Court, lower courts and possibly (if my memory is correct), the DOJ. I think Alito and Roberts agree with "Unitary Executive".
Chris Rock: "ask the Indians about white people and rules..."
Of course laws could be reversed, prisoners released, troops brought home, but the real damage is the obvious truth: A president in power can abuse that power in any way and to any extreme without fear of being checked by the judiciary or the legislative branches---and without fear of being held responsible for his crimes.
Nothing short of prosecuting Bush, Cheney, Rove, Bremer, etc. is going to undo the damage. And for that this country has neither the time, the will nor the energy, not if we want to do what we must do to survive, i.e. switch to renewal energy, bring the troops home, refund domestic programs, restore our international reputation as something other than a backward, lawless, rogue, and illegal world power.
Oh, and I almost forgot about the gang of pirates looting the US treasury. Paulson has already announced that the money he has received so far will not be used as promised, but given directly to banks with no strings attached.
Nobody would like better than I seeing the bush in a cell, but you don't try to kill a rat when the house is on fire.
"Nobody would like better than I seeing the bush in a cell, but you don't try to kill a rat when the house is on fire."
Now there is reality.
And thanks so much for the mention of Paulson, a smaller rat, but rat none the less.
Not only do we need these laws rolled back but we need other intrusive laws like "Real ID" reversed. But more important the Congress and American citizens need to pass a Constitutional Amendment that will specifically prevent these types of abuses of power from ever happening again, if not they will happen again sooner or later.
The "pressure to restore rule of law".
It would be impossible to "restore" anything that NEVER existed, and the "rule of law has never existed in the USA from the very begining.
But for a point, imagine yourself privy to an "Intergalactic" communication between a highly developed civilization "somewhere out in space" and another of the same who are considering "first contact with Earth".... It might go something like this.........
"From: Intergalactic Contact Support
To: Intergalactic Contact Headquarters.
Subj: Possible First Contact candidate, a small planet, the third from the sun, at 30K light years from Galactic central point, in a Galaxy the only inhabitable planet there calls the "Milky Way"---which is an ancient now unused reference to a lactating female human, squirting milk from a breast in an arch.
The planet has potential but it is advised that the initial contact be delayed for the following reasons.
The "dominate" Nation and currently the most powerful, is one referred to by the planetary inhabitants as the United States of America,or USA. It has a very cloudy history, none of which can be detected the slightest reference to the actual adherence to the "rule of law". They have from the begining been refered to as a "Democracy", yet all evidence shows that they are actually a Plutocratic Oligarchy, and the members of the ruling elite are of such defective genetic stock, due to lack of diversity that they have limited potential for intellectual improvement. Indeed it appears that they have reached the apex as a whole, with few exceptions, and for some time now have been degenerating into a mindless, mass of social parasites.
They have a planetary argument about a fictitious being they call "God", and the USA seems to have the most aggressive group who has taken control a various times in the past with disastrous results. Yet they do not seem to learn from this mistake---repeating it often---waiting for a Messiah , that no one can prove ever existed-----to return and save them from themselves.
They have the innate inability to keep their word in treaties, and have been known especially recently to actually "turn on their former friends" and using their tremendously superior technology destroy the lives of countless innocents while waging "total" war at the same time justifying these crimes with faulty logic.
They have shown little regard for their own planet, even in lite of scientific evidence, and continue to change the planetary atmosphere as a whole with the USA leading.
They disregard the rights of others but when they feel their own have been violated they most often make war---as listed above.
They have shown some creative ability in the past century but this has declined to the point that they no longer have a viable society, or economic base, and the one that exists now is at this communication in a state of collapse. Which will make the USA even more war like and dangerous to the other nations on the planet.
We believe that if we simply wait, the other Nations will rise up in protest against the USA, and dismantle it soon. Returning the stolen lands (more than 60% of the geographic territory) to the original owners, and requiring the FEW surviving Americans to pay reparations to the millions of people they have adversely impacted which will keep them in a state of poverty for an estimated ten generations, which should be sufficient time for the impact of such a destructive Nation and its people to become extinct----except in the history texts.
Whatever scenarios display themselves we feel that it would be wise to bypass the planet Earth while the USA is such a powerful and negative influence, and simply wait for the other inhabitants to tire of them, or become fearful enough to eliminate the potential that the USA has for destruction of so much.
Then it would be advisable to contact Earth."
"Restore the Rule of Law"?---FIRST you must introduce it becasue it never has existed in the USA.......
"Returning the stolen lands (more than 60% of the geographic territory) to the original owners,"
You've mentioned this before. Don't you think it would be hard to determine exactly who the original owners were? I mean think of the many deviations over the centuries and the difficulties of determining if some shouldn't go to their victims. Even if possible and of course its not, the ability to do it would be even harder that figuring out reparations for slaves wouldn't it? And the latter would be a nightmare.
Very creative posting!
Actually the determination of prior ownership would be established by the treaty---which by Law incidentally is the document that determines the "relationship" between the tribe and the USA.
You are proud to be a Texan, and have expressed this many times in the past.
When Texas became a state, they handed over all of their public lands, and "Indian Affairs" to the Federal Government. Accordingly, the Treaties that the "Republic of Texas" signed with the 15 tribes that were located there in the early 19th century(there are only three left today with 'reservations in Livingston, El Paso, and Eagle Pass) were "transferred" to the Fed Gov. Accordingly when Texas AND the Feds, began to intentionally legislate those treaties out of existence, they violated those treaties in effect re-initiating the "war" that provided the motivation for the treaty, making the treaty "null and void". Taking this into consideration, that dear little monkey now in the White House owns a ranch in Crawford Texas, that is in effect "stolen property"---imagine that!
The same analogy is provided with the Treaty of Versaille, disallowed the future arming of Germany, who of course violated that treaty when they started to re-arm before WWII. When they lost in WWII, the Treaties ending that war, reflected the history of Germany's violations of the previous treaties---- and Germany paid an even heavier price. They were partitioned, and would still be partitioned had the Soviet Union not fallen apart.
YOU may not think so, as well as many other Americans who believe themselves immune from the consequences of your nations behavior, but the USA will someday pay for their arrogance. One might argue that the "new generation" should not be held responsible for the mistakes of the previous---but that did not hold true for Germany, and it will not hold true for the USA.
If on the other hand there were to be a true awakening in the USA, and they had a "national come to Jesus meetin"----they would make good the mistakes of the previous generations and be rid of the charge for the future. In doing so they could show the world that they are TRUE leaders, and not the Biggest Criminal nation in History. But the USA is an arrogant and hypocritical collective and they DO hold themselves above all others; and this will lead to their fall, and destruction, and unimaginable misery for the survivors.
You or I may not live to see it, but someday the world will decide that the USA is THE most dangerous threat to civilization ----and eliminate the threat. The USA could, and should be partitioned just as Germany was---but kept that way for a very long time............
Human nature is far too predictable for that not to occur.
So even if you do not live to see it occur, if you have children who reproduce, and they have children who reproduce---they will most likely someday look back on the time when "Great Grandpa Thomas Moore" lived in "the old USA"----you know---before the international tribunals sentenced the USA to perpetual poverty with reparations and partitions and -----the world is a better place for it.
Before you fall off your chair laughing---streetch your imagination to think of a "proud German citizen", in 1937 Germany who would have laughed when someone said the same about Germany ---and then think on the reality that hit them just 10 years later---------------
"Pride Cometh before a fall"
That would be a point for discussion at the "settlement table"--for example,one of my favorite jabs at the USA is Mount Rushmore, with the "presidents"---the Mountain is 'stolen property', via the USA violating the Treaty, giving the Black Hills to the Lakota------------so, use this as a monument to arrogance and stupidity, and put a price tag on the theft of the Black Hills that would "start" at 1 Billion.
Taking all of the wealth taken from the territories that were seceded in treaties,---then take into consideration that when the USA began breaking those treaties with illegal legislation, which is contained in USC Title 25 (Google it)----the USA ended the "peace" with those Tribes and they were and still are at "war"-----so the material wealth taken from those lands was/is the property of those tribes (not just the Lakota but all of the Western Tribes)------then add interest---this is money that the USA would have to pay in Reparations----which should keep the USA poor for several generations---that will make them "easier to live with on this small planet"......................
There is yet one more irony. The USA took reparation payments from the Cherokee, Choctaw, Creek and a few other tribes that participated in the Civil War---with the Confederacy, while most of the states of the Confederacy never paid a dime. So as late as 1865 the USA considered the "Tribes" to be "sovereign Nations". They, (the USA), just love to change their minds---when it suits them of course.
The partitioning would assure the "Nations" that the USA would keep its word---so far that has not happened with most everyone who signs a treaty withthe USA--not just the Tribes/Nations---if the world is participating in the partitioning it would simply be a reflection of their own desire to see a dangerous and rogue Nation---the USA---finally under control, and rendered harmless to others.
Now that is Global Law and Order-------------
The indigenous groups and treaties could be consulted. There are indigenous legal scholars. (Thomas More:I commented on this the last time you questioned it.) All treaties with the "Indians" were broken by the US gov't which had signed the treaties. There are lawsuits now, one is for how the Dept of the Interior has been "ripping off" the money (in the Bureau of Indian Affairs)they have been so patronizingly "collecting" for the Indians from mining,etc.
www.lakotafreedom.org
I agree , Feingold for Attorney General,
Setup a nationwide TIPS/whistle blowers program to unveil all the nationwide warrant less abuse cases across the country.
This nation wide spying is very deep, city,county and state agencies with local business groups are involved through the Infragard and Citizen Corp programs.
They have been improperly trained to engage in Cointel Pro tactics for creating suspects and have been torturing Americans across the country.
The community watch groups engaged in this activity need to be broken up, and all community leaders involved in using these tactics need to come clean , and beg for forgiveness. Not to mention face civil law suits.
They know exactly what they are doing, and it is not constitutional.
But , they thought as long as republicans were in the white house they could carry on until they achieved supreme power.
Thats why so many Republicans are upset right now, there hand is deep into the nation wide spy program cookie jar, and it is so filled with fed money, they cant get it out.
Go get em Senator Feingold.
Show no mercy, these warrant less power hungry self righteous right wing greedy torture freaks need the book thrown at them.
Specially the IAFF and EMS organizations.
Bornfreemen
Warrant less surveillance torture victim. 2 years and counting.
Yup, the firemen who came to install a free smoke detector left, but w/in earshot said, "Oh, yeah, they're 'haters'".
And calling in a failed scooter heist by JDs, at first, no officer was available, until just enough time to read a computer tag list, then one was. He arrived on the scene saying "...not much we can do. Oh, by the way, what's your SSN?"
I feel kind of proud trying to save the Constitution.
Hopefully this can be sorted out 1/21/09.
Sincerely,
A Veteran, Patriot and Peaceful Dissenter.
Good luck bornfreemen, I feel for you. 4 years and a bit ;-). Posting doesn't help, That's not normal.:-) Negative Freedom, being negative as usual.
I'm not bothered, the cowards can come and torture me some more, for all I care.
I wish you luck; Please know you are not alone, And I know you probably did nothing wrong. Brother under fire:-)
Ha Ha Ha - a young lawyer I know recently did some pro-bono in Liberia to help put in place some missing pieces that they needed to initiate "the rule of law". Liberia has been one of the poorest and most dysfunctional countries for a long time.
Now maybe we can catch up with Liberia. Thank you Sen. Feingold - one of the few I respect.
Joe
It's commendable he's doing this now but where was he when these things were carried out. Not only did the Democrats not make an effort to stop
Bush, they often enabled him.
Rather than depending upon the President to renounce illegitimate power there needs to a barrier to usurping the powers of other branches of government and penalities (immediate removal) for doing so.
If this is not done, American's civil rights and freedoms are dependent upon the whim of an individual and the results of an election process that does not meet international standards for transparency and fairness.
McCain Feingold had some unfortunate unintended consequences. Because individual contributions were curtailed and soft money was not, political parties now control the purse strings. More than ever corrupt Party bosses determine who can run for office and for how long. Those elected risk losing financial support if they don't toe the line while in office.
Public funding would end all this and do more to change the face of America than a dozen Obamas.
"Rule of Law"?
Would this obscure thing called the 'Rule of Law' prevent the U.S. Treasury (Secretary) from moving beyond the purview of its official jurisdiction?
http://www.economyincrisis.org/articles/show/2058
Jeevee
The worship of MONEY has sunk the Rule of Law.
Jeevee: "Grandpa" Al Lewis used to say (on his radio show on WBAI www.wbai.org, now hosted by his wife, Karen Lewis and called "Al Lewis Lives") laws are written and paid for by money.
Ralph Nader for Treasury Sec'y.
The thing about the 'rule of law' is, it only works if people apply it. In fact it only exists if people apply it. I look to a better future, but to get there we need responsible people. I do in the end believe, 'The Law' can save us. Even God believed so '10 commandments'.
So here's to a better future, with people actually enforcing the Laws.
Indeed the new President will have to be reminded of his promises and will have to be "harassed" by good people like Russ Feingold so that some of our trampled rights be restored . We will again learn to live without fear of the outside and the inside . I have faith in Obama, Feingold, the ACLU . Hey, Mr. President, have you pondered about Russ Feingold for DoD Head Honcho ?