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TechnoratiMemos Provide Blueprint for Police State
Seven newly released memos from the Bush Justice Department reveal a concerted strategy to cloak the President with power to override the Constitution. The memos provide “legal” rationales for the President to suspend freedom of speech and press; order warrantless searches and seizures, including wiretaps of U.S. citizens; lock up U.S. citizens indefinitely in the United States without criminal charges; send suspected terrorists to other countries where they will likely be tortured; and unilaterally abrogate treaties. According to the reasoning in the memos, Congress has no role to check and balance the executive. That is the definition of a police state.
Who wrote these memos? All but one were crafted in whole or in part by the infamous John Yoo and Jay Bybee, authors of the so-called “torture memos” that redefined torture much more narrowly than the U.S. definition of torture, and counseled the President how to torture and get away with it. In one memo, Yoo said the Justice Department would not enforce U.S. laws against torture, assault, maiming and stalking, in the detention and interrogation of enemy combatants.
What does the federal maiming statute prohibit? It makes it a crime for someone "with the intent to torture, maim, or disfigure" to "cut, bite, or slit the nose, ear or lip, or cut out or disable the tongue, or put out or destroy an eye, or cut off or disable a limb or any member of another person." It further prohibits individuals from "throwing or pouring upon another person any scalding water, corrosive acid, or caustic substance" with like intent.
The two torture memos were later withdrawn after they became public because their legal reasoning was clearly defective. But they remained in effect long enough to authorize the torture and abuse of many prisoners in U.S. custody.
The seven memos just made public were also eventually disavowed, several years after they were written. Steven Bradbury, the Principal Deputy Assistant Attorney General in Bush’s Department of Justice, issued two disclaimer memos – on October 6, 2008 and January 15, 2009 – that said the assertions in those seven memos did “not reflect the current views of this Office.” Why Bradbury waited until Bush was almost out of office to issue the disclaimers remains a mystery. Some speculate that Bradbury, knowing the new administration would likely release the memos, was trying to cover his backside.
Indeed, Yoo, Bybee and Bradbury are the three former Justice Department lawyers that the Office of Professional Responsibility singled out for criticism in its still unreleased report. The OPR could refer these lawyers for state bar discipline or even recommend criminal charges against them.
In his memos, Yoo justified giving unchecked authority to the President because the United States was in a “state of armed conflict.” Yoo wrote, “First Amendment speech and press rights may also be subordinated to the overriding need to wage war successfully.” Yoo made the preposterous argument that since deadly force could legitimately be used in self-defense in criminal cases, the President could suspend the Fourth Amendment because privacy rights are less serious than protection from the use of deadly force.
Bybee wrote in one of the memos that nothing can stop the President from sending al Qaeda and Taliban prisoners captured overseas to third countries, as long as he doesn’t intend for them to be tortured. But the Convention Against Torture, to which the United States is a party, says that no country can expel, return or extradite a person to another country “where there are substantial grounds for believing that he would be in danger of being subjected to torture.” Bybee claimed the Torture Convention didn’t apply extraterritorially, a proposition roundly debunked by reputable scholars. The Bush administration reportedly engaged in this practice of extraordinary rendition 100 to 150 times as of March 2005.
The same day that Attorney General Eric Holder released the memos, the government revealed that the CIA had destroyed 92 videotapes of harsh interrogations of Abu Zubaida and Abd al Rahim al Nashiri, both of whom were subjected to waterboarding. The memo that authorized the CIA to waterboard, written the same day as one of Yoo/Bybee’s torture memos, has not yet been released.
Bush insisted that Zubaida was a dangerous terrorist, in spite of the contention of one of the FBI’s leading al Qaeda experts that Zubaida was schizophrenic, a bit player in the organization. Under torture, Zubaida admitted to everything under the sun – his information was virtually worthless.
There are more memos yet to be released. They will invariably implicate Bush officials and lawyers in the commission of torture, illegal surveillance, extraordinary rendition, and other violations of the law.
Meanwhile, John Yoo remains on the faculty of Berkeley Law School and Jay Bybee is a federal judge on the Ninth Circuit Court of Appeals. These men, who advised Bush on how to create a police state, should be investigated, prosecuted, and disbarred. Yoo should be fired and Bybee impeached.
39 Comments so far
Show AllMy experiences comport with many of those of "BornFreeMen." I have been a victim of warrantless surveillance for well over 2 years, but the last two years have been a nightmare, which may be an understatement (if that's possible).
I, too, am in Florida but, as completely unbelievable as it sounds (and yes, "crazy"), this madness has followed me from the midwest, to the northeast, to lovely Florida. And yep, the standard "M.O.", is to tell people the complainant/victim is "delusional." The standard M.O. is to defame and discredit. (I am a law-abiding, patriotic, white, professional individual who has always loved this country. If this could happen to me, it could happen to anyone.)
It's a sadistic, Machiavellian operation. And, as "BornFreeMen" said (and to paraphrase), it has to be unimaginably expensive. Someone had better wake up and do something. One of these days it may be too late, if it isn't already.
It all sounds preposterous and, as I've learned, that's the cruel beauty of it -- that's why it works so well. Most Americans don't believe it and I "get it." I probably wouldn't have believed it either. But take it from one in the midst of their anti-American practices, it's all too real. For some of us, the Fourth Amendment of the Bill of Rights has ceased to exist.
another victim ... March 5th, 2009 4:15 pm, I am not doubting your experience, nor that of Bornfreemen, but the one thing both of you failed to provide in your recitation is the 'why.' Why would these government agencies spend so much time and money following you? What have you done that is so important or threatening that the government would monitor you constantly for two years?
Without revealing too much personal info, could either of you answer that?
You know, Michael Moore has been subjected to constant surveillance and he laughs it off. Perhaps you should try simply ignoring them.
Of course, I'm assuming you have already contacted the ACLU with documentation of your surveillance and harassment.
Yoo should not only be disbarred. He should be institutionalized; he is a criminally-insane sociopath. If he can establish his "sanity" he should be in jail for a long time.
THE POLICE STATE IS ALREADY HERE IN TAMPA FLORIDA.
We have dodged only one of the constitutionally damaging bullets.
We had to make sure that we had elections in 2008 and test to see if they still were valid as far as choosing our next President.
The country is still in danger of having the constitution used as target practice on a shooting range.
WARRANT LESS SURVEILLANCE. I have told my story on this web site in many different postings.
I am a victim of the religious right republican warrant less surveillance torture machine. They have many names, community watch, neighborhood watch, FBI,CIA,NSA,INFRAGARD,IAFF,CITIZEN CORP, CAUSE STALKING PRIVATE ARMY'S.
You name it, they have been following me, tapping my phones and viewing my internet activity and reading my emails for over two years. WHY ?
Because I live in Florida. They are using me to fly in from all over the country representatives to spy on me. Of course while they are here, we have the beaches , beautiful weather , Disney World, cruise ships, need I say more.
It would be easy to prove , if I could file under Freedom of information act and get responses back that were not redacted.
I am telling you, if my calculations are correct, the Bush warrant less surveillance network has spent over a million dollars watching an innocent man 24/7 struggle with trying to understand why they were doing this me and go to work every day. And it has not been easy, because in order for them to get away with this abuse of tax payer money and my torture they have to discredit me and slander me as a delusional threat. In other words, they are trying to drive me crazy, so that no one believes what they have done to me. Classic Cointel pro gang stalking torture and discredit tactics.
Remember, I drive 130 miles a day through 5 county's all around Tampa Florida.
I am a network engineer, and my work is on site in business offices .
I was a perfect test subject. I was mobile, in and out of all kinds of bushiness's , used computers and had one Muslim friend. There you go.
The perfect formula for non stop warrant less surveillance in Florida.
They used gang stalking torture tactics to get me to react in a wild way, and it worked. So , the crazier I acted , the more people they had follow me.
Lets just say, that I have been used and almost killed , so these scumbags could spend tax payer money while here in Florida partying.
Truth Commission, special prosecutor, shoot, tell these guys to call me, and I will give them all kinds oF places to start and pull government records. Somebody had to pay for all the surveillance they had on me. There has got to be a huge paper trail.
And that my friends, is the real reason they passed the ridiculous FISA extension on Warrant less surveillance. They are spending billions without having any checks or balance in why or how much. The infrastructure is huge, and they don't want to shut it down and go back to rule of law, you know " probable cause" . That would bring the money spending fun machine to a halt, because it would take months to get warrants on all the people they want to abuse for the fun.Not to mention, they would not be able to get 98 percent of the warrants because of lack of proof.
The next bullet we stop has to be Warrant less surveillance , because they will use any Illegally gathered info they can to twist all the arms of our law makers to keep the fun machine going.
WARRANT LESS SURVEILLANCE IS A CANCER THAT IF LEFT UNCHECKED WILL INFECT AMERICANS INTO BELIEVING THAT PRIVACY AND THE 4TH AMENDMENT ARE UNNECESSARY IF YOU ARE DOING NOTHING WRONG. JUST WAIT TELL THEY TELL THESE RELIGIOUS FREAKS THAT THE CHURCH IS DANGEROUS AND ALL CHRISTIANS ARE NOW SUSPECTS OF ANTI GOVERNMENT ORGANIZATIONS.
THEY THINK BECAUSE THEY ARE THE COMMUNITY WATCHERS, THEY CAN NOT BE WATCHED.FOOLS.
BornFreeMen.
TORTURE VITIM OF WARRANT LESS SURVEILLANCE. 2 YEARS AND RUNNING.
ezeflyer March 4th, 2009 6:09 pm: "I'm no constitutional law expert, but isn't this sedition and treason?"
Indeed it is; undermining the Constitution is treasonous and violating your oath of office for the purposes of altering the government without amendment is seditious. I hope Holder makes that case against Yoo, Bybee, Bradbury, Bush, Cheney, Addington and Rumsfeld.
"Memos Provide Blueprint for Police State"
I'm no constitutional law expert, but isn't this sedition and treason?
Everyone is stuck at the Federal Government level as to who is pulling the strings. "Our leaders" are not the ones pulling the strings. Their strings are
being pulled.
Go higher. Follow the money and the most powerful owners/controllers of 40 per cent of the wealth and resources of the planet. Among them you will find the puppeteers.
/cm
do we also prosecute all the democrat and republican voters that supported Bush all those years? Even Obama voted FOR FISA. Why just prosecute those you hate? You think Bush was Hitler. He had pretty much the full cooperation of the US Congress, even the previous (dem majority) Congress. Obama has some grand ideas about civil rights too. Any outrage?
Plenty of outrage. That's why I'm working on Constitution 2.0, which would create form of government 3.0. Remember, the 1787 constitution is the USA's second governmental blueprint. The "Founders" known as the anti-Federalists pointed out what would be the likely causes for the federal government's failure--with the understanding that such a failure would result in Tyranny and its associated loss of freedoms. And that's what's going on today, as it has been for quite some time.
Here's the game:
Cheney makes an agreement with Obama. (This means Cheney tells Obama what's going to happen or ELSE)
Cheney allows the former Bush Justice Dept. to release a few memos.
He alerts his assets at the major networks that this is a one-day only story and is to be presented in a way that makes it seem like ancient history. And bury it deep in your newscast.
Obama then agrees to tell Holder to avoid talking about the memos at all if possible.
A follow-up media campaign is designed to tell us all to move on and look forward that everything we need to know has now been told.
The issue will never come up again on any major network.
"...the CIA had destroyed 92 videotapes of harsh interrogations of Abu Zubaida and Abd al Rahim al Nashiri..."
So that's an average of 46 videotapes per 'detainee,' and there have been over 800 Gitmo 'detainees' so far...
Where are the other 36,800 videotapes then?
I'm suspicious of the word VIDEOTAPE.
Who the hell uses videotape?
Where are the CDs and memory cards?
LOL
Interesting, depressing read.
Now, given that no changes are going to be made with respect to warrantless wiretapping OR PATRIOT....anyone else want to make that argument that the second amendment is antiquated and has no place in our supposedly progressive society?
We got the guns but we ain't got a WELL ORGANIZED MILITIA but then again neither the NRA nor gubbmint would want that now would they?
don't tell me these revelations are new
this has been common knowledge for at least 5 years
bush called the constitution "a goddamn piece of paper" not that much different from ass wipe to him i guess
perhaps even of less value because you can wipe your ass with toilet paper
the phoneys who post their idignation of revelation today probably forgot how much the country was behind bush during the war
at least you can wipe your ass with toilet paper
cheers, b
George Wanker Bush and Cheesedick Cheney wanted to OVERTHROW constitutional rule in this nation. No other conclusion can be drawn from these memos. While part of the military would have been perfectly willing to go along with this and was prepared to imprison or kill as many as necessary to bring it about, they did not constitute a force big enough to do the job. Since the Republicans, right up to nearly the end, thought they would control politics in this country forever, they were forced to take this much dicier and roundabout route toward dictatorship and fanatical Christian theocracy.
And what's Obama going to do about this? Nothing . . . which absolutely insures that at some point in the future someone else will try the same thing in this morally, ethically, spiritually, intellectually depleted nation. This time they may be successful. So the hell with Obama and shame on you.
And lastly, SHAME ON YOU, UC BERKELEY, FOR EMPLOYING A CRIMINAL LIKE JOHN YOO! SHAME ON YOU!
[George Wanker Bush and Cheesedick Cheney wanted to OVERTHROW constitutional rule in this nation.]
So, why didn't they install themselves as dictator for life? That's usually the modus operandi for the uber right. What was it about them that, at the brink, held them back from establishing a police state? Shouldn't they have realised that planning such a thing, and not going thru with it, would be bad? Was bush dumber than I ever could have suspected? (I didn't think I could have held a lower opinion of someone still alive...)
Saturnalia March 4th, 2009 6:49 pm, I think Mordechai Shiblikov March 4th, 2009 12:09 pm has it right -- they couldn't depend on the backing of the military for such a coup and, without a large portion of the military behind them, it didn't have a chance of succeeding.
But they could have created confusion and brought the nation into conflict, perhaps even violent conflict, by declaring martial law, especially if there had been another 9/11-style attack. They wouldn't have gotten away with it maybe, but they could have devastated the country for a few years and prevented the 2008 election. And then there's also the slim chance they would pull it off and we'd be looking at President-For-Life Bush.
U.S. war criminals, with little or no rehabitation, usually move on to esteemed positions in academia and other parts of the establishment. It's business as usual. Killers such as Henry Kissinger and Madeleine Albright are regularly trotted out as lauded "experts" on PBS. It is a bloody, corrupt system, and Obama signed up willingly. These killers are Obama's advisors!!
Sioux Rose
All good comments. Words can be elastic enough to SEEM to mean different things, hence the unjust use of verbiage by entirely corrupt officials to bend law to the unlawful agenda of the Bush gang.
Having recently read "The Shock Doctrine" I think it's worth noting that something akin to a formula has been used on South American nations, on Poland, South Africa, and Russia which involves empowering the top business class and stripping these nations of funds to fund social programs. This was done by a form of blackmail: to get funds from the World Bank or WTO those resources that belonged to the nation's people were opened up for usurpation by outside corporations. Furthermore, any persons possessed of enough educational clout or influence over labor to stand in the way of these policies was either tortured or "disappeared."
The parallels between the methodologies utilized by "The Chicago School" in other lands and what is ostensibly coming home to roost are remarkable, telling, and terrifying. That Obama continues to wage war and gave the bankers the bailout are two significant tell-tale symbols that suggest Disaster Capitalism is now being aimed at its true mark: our own nation.
Bush softened "law" so that in the future, anyone who stands up to the authoritarian presidential seat of power can be easily castigated as an enemy of state, one in the way of the machine that's already cannibalized so much turf, and ruined so many lives. This monstrous entity which is an inbred organism feeding off of funds (mammon) and living beings (war/Mars) has not been reined in. Obama's justice department is apt to make some cosmetic corrections, but it's clear from too many policy decisions that this administration serves the same dark masters, or is too frightened of it to seriously challenge it.
Naomi Klein is brilliant, sets out an unimpeachable case to substantiate who's running global policy and for what purposes; and historically lines up all dots. A must read! It also places these egregious policies into a broader light that readers understand what's being set up for this nation, unless a strong enough counterforce developes to impede it.
Good points...
However, the WTO (World Trade Org) has it's origins in GATT (general agreement on tariffs and trade)...
While GATT was part of the Bretton Woods agreements along with the WB (World Bank) and the IMF (International Monetary Fund), the WTO does not function to lend money to "developing" nations like the WB, nor does it manage the loan and impose austerity measures (privatize national infrastructure and industries, convert to an export economy)to nations that default on WB loans like the IMF, the WTO acts as an arbitrator for trade disputes to eliminate protectionist polies of ALL nations (environmental laws, labor rights, cultural standards, agronomic policy, etc) and impose fines and trade embargos on a country until they open up their markets to foreign products and services...
I support a full investigation of Bush and Cheney. We need to learn from our past instead of repeating it ever again. I also support investigation of Yoo and Gonzales, the legal enablers of Bush and Cheney violating laws, international laws and our constitution. They should be disbarred from practicing law ever again.
The ENTIRE Bush/Cheney administration are WAR CRIMINALS and domestic terrorists.
OFF WITH THEIR HEADS!
Arrest and execute
NUREMBERG II 2009
Those who disagree,
phuck yoo!
I agree with Uncle Ho, unfortunately Nancy Pelosi squandered the opportunity to hold the Bush Regime accountable when she declared that "impeachment is off the table" in November 2006.
True, but many were afraid that Bush would act on the Patriot Acts and declare Martial Law, National Emergency and even bomb Iran.
Now Bush can do nothing but hide out in Texas where he belongs.. the closer to Huntsville Prison the better.
The test to know if Obama is really for truth and Justice is if he recognizes the World Court.
That would take the pressure off him about justice for the Bush Gang.
So far it looks like Obama will sit on the fence until he will be the new facilitator of Bush's get away and carry on new Wars and crimes of his own.
He doesn't have a lot of time to decide which side he is on.
Our values are in our songs.
"How many times can a man turn his head and pretend that he just doesn't see, the answer my Friend is blowin in the wind".
Bob Dylan
We'll See.
Jim Glover March 4th, 2009 1:22 pm: "True, but many were afraid that Bush would act on the Patriot Acts and declare Martial Law, National Emergency and even bomb Iran."
I'm not defending Pelosi, but it is possible she made a deal with the Bush/Cheney Regime -- we won't impeach you, or hold your staff accountable, if you consent to leave office quietly, without declaring martial law and invoking these 'Unitary Executive' maneuvers to overturn what was left of the Constitution. It is also possible Obama made a similar bargain -- he'd be allowed to become president in return for letting these scoundrels go free.
It's not right, of course, but if you had the decision to make -- preserve the country, the Constitution and peaceably get rid of Bush/Cheney, or watch America become a dictatorship under them (or, at least, years of domestic upheaval under martial law) -- which would you choose?
I'm not buying any such agreement. If an impeached President declared martial law I would expect the armed forces to uphold their oath to the Constitution and arrest the President.
TheProf March 4th, 2009 5:03 pm, I would expect the President to uphold his oath of office, in accordance with Article II, Section I of the U.S. Constitution:
"I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Yet Bush didn't.
The US Supreme Court also didn't have any business illegally interfering in the 2000 election, yet they did.
The at-that-time Republican majority Congress should not have allowed the unconstitutional incarceration without trial of American citizens such as Jose Padilla, yet they did.
The Senators and Representatives presented with classfied information on the torture of terrorist suspects should not have let Bush get away with violating international treaties and the law, yet they did.
In light of these facts, why would you expect Bush's generals in the Pentagon to follow their oaths to the Constitution, especially if Bush trumped up some 'imminent terrorist attack' scenario -- based on classified evidence naturally -- declared martial law and ordered them, as CinC of the armed forces, to obey him?
Moreover, an impeachment would require two/thirds majority in the Senate and the votes weren't there. But I doubt Bush would wait for his Senate trial to declare martial law -- he'd act as soon as it got through the House.
Aside from that, and this has never been tested, of course, but I believe it would be the US Marshals who would arrest and remove an impeached president, not the military.
I would choose to get rid of Bush/Cheney.
But as you say "Peacefully" get rid of them, that is not my call because I am a fighter with one vote.
People could not understand why Clinton could get impeached for a blow job and Bush gets off with War Crimes.
But they all know deep inside that a blow job is not a national security threat of War and War is what gets a president off and above the Law every time.... all they have to do is say "I am doing everything that is needed to protect you".
Clinton Could not say that about his trouble.
Maybe there was all those deals you are suggesting... We can't prove that but at least now we don't have to worry about Bush bombing Iran and filling prisons with peace people.
Personally, I want the Bush Gang to face justice and it is more possible now than when they had the power to take any American out who they thought was a threat.
Still hoping for the best but I also hope I am prepared for the worst to come.
Jim, I agree. Now that Bush and Cheney are powerless, it should be possible to indict them in criminal courts. We'll see -- perhaps that's just the case Holder is setting up by revealing these memos and other documents -- he'll be 'forced' by the evidence to prosecute such flagrant wrongdoing, so it won't appear to be a witch hunt or political payback.
Why are the planning and drills for martial law continuing?
Victims of American torture should be guided to pursue damages against these two pices of shit through civil means. A favorable ruling or even increased public outrage would go a long way toward re-institutionlizing the barriers to tyranny that these petty functionaries worked so diligently to dismantle.
Even if a Bush appointee might block the effort, the issue must be elevated in the public consciousness.
This issue needs to be thrown in Karl Rove's face the next time that the American Goebbels decides to play the far right's hired gun on talk shows. Vanden Heuvel already wiped her ass with him. Now it's others' turn to force the breeches-fouler to face his own lies.
q
When Sulla became "dictator" of the Roman Republic to "save" it from existential threats, it was the death knell of the Roman Republic which ceased to exist in about 70 years. We are on that path with the American Republic. In order to restore the rule of law essential to a republic, this situation must be fully and openly investigated and all culpable parties charged with appropriate claims based upon the law (but afforded full constitutional rights available to defendants including trial by jury). After all, it was America who prosecuted Hitler's judges at Nuremberg for upholding Hitler's laws authorizing genocide despite their illegality under international laws of war and human rights (that were of suspect application at the time). Failure to do so will embolden a future Caesar, just as Sulla's actions lay the foundation for Caesar to cross the Rubicon.
Actually, the death knell of the Roman Republic started (long) before Sulla forced the Senate do declare him dictator.
It started with Gaius Marius. It began when Marius started recruiting soldiers from the poor, making them his clients. This process of recruiting soldiers among the poor, and having the general providing those soldiers land to farm when they retired, resulted in the soldiers becoming clients of the general, effectively the generals having their own private armies who were loyal to the generals, not the Republic.
And it was Marius who illegally seized power from Sulla.
And one could argue that it even started before Marius, it stated in the days of the brothers Gracchi, who tried to reform a system that was designed for a city state, and no longer worked for what Rome had become, and were killed for their attempts.
While I agree with your sentiment, it must be noted that Nuremberg failed to enforce the same laws on those members of the Allies who violated them, the deliberate firebombings of civilians in Germany and Japan and the use of the atomic bomb are two examples of very gross crimes that weren't prosecuted which represent a style of warfare--Total War--still waged by the USA and NATO on civilians and copied by the Israelis, and now by the Jihadis.
The 1787 constitution started to become a failed governental blueprint during the Great Depression and recieved its fatal blow with the passage in 1947 of the National Security Act, which provided the executive with way too much power, an amount never equaled by the legislative or judiciary, and so our current dilemma.
The Problem Tree method demands finding the root of the problem so it can successfully be corrected. This is why I harp on the failure of the 1787 constitution, because it's THE root of the problem. The balance of power required for an effective system of checks and balances has been askew for too long, which is why we are confronted with the spectre of an Imperial Presidency, a condition commented upon since FDR's New Deal best exemplified by his "court packing" plan. I admire Madison's governmental theory; it just needs to be modified--replaced by a new constitution, actually--to account for current realities and solve long recognized problems. Furthermore, instead of restraining the power of the president as it ought, congress--meaning BOTH political parties--has worked hard to increase executive power, not restrain it--Pelosi's decision not to impeach is the main example here amongst many. We can protest all we want, but without proposing a solution, our protests are in vain.
Karlof1, that is insightful of you.
Many problems are inherent in our second constitution, the 1787 Constitution, I agree.
How do we fix it?
The 50 states have had over 200 state constitutional conventions. Yet the nation hasn't had one since 1787. It is time.
The states can call for one. All it takes is two-thirds of the states to call for a convention and Congress must call for one. In fact, the states have already done so over the years.
But if they do so virtually simultaneously, then it will happen.
Understanding the constitutional basis of our problems takes some work and heavy lifting in the form of reading. I've done some. What I recommend are books by these six progressive constitutional scholars:
Dan Lazare (Frozen Republic)
Robert Dahl (How Democratic is the American Constitution?)
Sanford Levinson (Our Undemocratic Constitution)
Larry Sabato (A More Perfect Constitution)
Steven Hill (10 Steps to Repair American Democracy and Fixing Elections)
If you read these books you will have a grasp on the problems and a range of progressive solutions.
Unfortunately, there are no short-cuts that I know of for understanding our constitutional problems and solutions.
But understanding the electoral leg of the three-legged stool of progressive policy is a prerequisite for organizing a constitutional convention in America. (The other two are domestic policy and foreign policy.)
Great, as soon as a convention is called the K Street gang will shred what is left of the rights in the constitution.
I just as soon limp along with what we got. It is better than having special interest lobbyist writing our constitution.
What you don't realize is that the special interests have already altered the constitution, which is why we're in the state we're in. I've talked with a lot of folks about our broken government, and most can already see that more of the same is to come as both congress and Obama have shown they don't give a damn about the common folk--financial health care for Ponzi Street and Banksters at the expense of common folk. As the Depression grows deeper, the people will start to seethe, and they will rally to an aletrnative to the current federal government that easilly makes sense.