And who better to prove the point than Tom the Dancing Bug…
Happy Columbus Day, which is the last day I can sit home doing nothing and still get paid during our partial government shutdown, now about to begin its third exciting week! I used some of the time today on Twitter keeping up with developments in Washington as the Senate leaders took their turn at not only resolving the shutdown but avoiding a potential government default later this week when the debt ceiling is expected to be reached. Good times.
The proximate cause of the shutdown that started October 1 was the inability of Congress to pass a law, known as a continuing resolution (CR), to keep all of the federal government departments and agencies fully funded and functioning; they pass a CR to extend funding at the prior year’s budget levels because they are totally incapable of passing a new budget—been that way for years now. As noted at the time (Furlough Journal: Blaming the guilty, 10/2/2013) , this shutdown can be credited to the extremist Republican members of the House who were holding a gun to America’s head demanding concessions from the president on the Affordable Care Act. Plenty of conservatives who oppose Obamacare were and are critical of the tea partiers for using this tactic at this time, for being oblivious to political reality.
Ah, but just what reality are we, or they, talking about? You’ve probably seen more and more analysis that argues, if I may be so bold as to paraphrase, that the extremists aren’t interested in whatever “reality” the mainstream members and Congressional leadership are trying to protect and advance; they are out to do what they said they would do when they were elected—shrink the government and fight the good fight against liberals in general and Barack Obama in particular. To the extent that they are trying to do what they promised they would do if elected and are fighting for a cause they believe in without compromising their principles, they should be applauded. To the extent that their actions have consequences for their fellow citizens, they should take responsibility and must accept criticism.
Among the chattering classes there’s lately been a lot of effort put into trying to explain the beliefs and the motives and the actions of these extremists, to find an historical precedent for this kind of obstructionism, to give the average American a frame of reference. To my surprise, a lot of writers are going back to the pre-Civil War South to find one!
Late last month (At this point in the discussion there is really only one question left, 9/30/2013) I wrote about a James Fallows piece in The Atlantic in which he argued that this fight is entirely within the Republican Party and that there’s nothing anyone else can say that will persuade, likening it to “the inability of Northern/free-state opinion to affect the debate within the slave-state South from the 1840s onward.” More recently I’ve found a few making the argument that today’s tea party extremists are philosophically aligned with John C. Calhoun and the nullifiers before the Civil War. Frank Rich in New York Magazine this weekend is just the latest:
The present-day anti-government radicals in Congress, and the Americans who voted them into office, are in the minority, but they are a permanent minority that periodically disrupts or commandeers a branch or two of the federal government, not to mention the nation’s statehouses. Their brethren have been around for much of our history in one party or another, and with a constant anti-democratic aim: to thwart the legitimacy of a duly elected leader they abhor, from Lincoln to FDR to Clinton to Obama, and to resist any laws with which they disagree.
At the heart of the current rebels’ ideology is the anti-Washington credo of nullification, codified by the South Carolina politician John C. Calhoun in the 1830s and rarely lacking for avid followers ever since. Our inability to accept the anti-government right’s persistence is in part an astonishing case of denial.
For Republicans to claim that this cabal of 80 legislators represents a mutant strain—“a small segment who dictate to the rest of the party,” in the words of a prominent GOP fund-raiser, Bobbie Kilberg—is disingenuous or delusional. (Kilberg herself has raised money for Paul Ryan and Eric Cantor.) This “small segment” accounts for a third of the 232 members of the House Republican caucus. Lunatics they may be, but the size of their cohort can’t be minimized as a fringe in the context of the wider GOP. And they wield disproportionate clout because the party’s so-called moderates let them—whether out of fear of primary challenges from the right, opportunism, or shared convictions that are not actually moderate at all.
…1994 marked the culmination of the migration of the old Confederacy from the Democratic Party to the GOP. That shift had started in 1964, when Barry Goldwater pried away states from the old solid Democratic South with his opposition to the Civil Rights Act, and it accelerated with the advent of Richard Nixon’s “southern strategy” of pandering to racists at the end of that decade. But for an interim quarter-century after that, the old Dixiecrats were dispersed in both major parties, rather than coalescing in one. The 1994 election was the first since Reconstruction in which the majority of the old South’s congressional representation went into the Republican column.
Rich goes on to make some thoughtful points; it’s worth your time. So is Charles C.W. Cooke’s de facto rebuttal in the National Review. Cooke is an opponent of Obamacare who has sharply criticized the extremists for marching into this battle with no plan for how to win, but he’s not ready to cede the nullification argument, pointing out that the Constitution itself separates power in our federal government and no one should be surprised when they are disagreements among people trying to wield power:
To understand the American system is to grasp that our current impasse is by no means exceptional, and, in consequence, that there is little point in wasting time looking around for bogeymen or ghosts when the culprit is there in plain sight. If you want to blame someone for our problems, it should be James Madison, not John Calhoun.
Some progressives like simplistically to claim that America’s two parties “switched places” in 1964 — a trade leading to the predominance of racist white southerners in the GOP eager to burn down the government to get what they wanted. If so, then one has to wonder why the vast majority of funding gaps occurred at the insistence of the good guys in what, by the time the first such gap came along in 1976, was allegedly the New Democratic party.
…if staunch congressional opposition, government shutdowns, and high-profile debt-limit fights are now to be cast as examples of nullification, then Congress has evidently tried to nullify not only the presidencies of Bill Clinton and Barack Obama, but also those of Dwight Eisenhower, Jimmy Carter, Ronald Reagan, and George H. W. Bush.
My suspicion is that, as much as anything else, “nullification” is a word that is used consciously and deliberately as a cudgel — especially at the moment, when we have a president who is black. Accusing someone in America of seeking to “nullify” a given power is rhetorically akin to sticking the label “defenders of states’ rights” onto advocates of robust federalism. The accusers do not simply intend to imply that their opponents’ actions are illegal or illegitimate; they mean to taint them with the racism brush…
This is an interesting discussion to be having right now, and it keeps our minds off the latest news about the National Security Agency copying your email contacts list while we twiddle our thumbs and wait for our elected members of Congress to do their damn jobs.
Since the news broke last month about the domestic spying programs laid out in the secret documents Edward Snowden leaked I’ve tried to make the case why all of us should be angry that our government is spying on us. Some have argued, “but I’ve done nothing wrong so I don’t have anything to worry about.” Well, you may not have done anything illegal…but do you really want the government knowing and storing information about everything you do? The folks at Upworthy tweeted a link to this ACLU video that has an answer for those people.
On a lazy Sunday reading the paper and following Ed Snowden around the world on Twitter, I came across a couple of gems…
It is my hope that the revelations of the extent of U.S. government spying on its citizens that were sparked by Snowden’s leaks lead us to really talk about it, not just repeat talking points: are we prepared to surrender so much of our privacy and our freedom without a fight? Do we have any reason to trust the government when it say it’s only looking for bad guys and foreigners and is protecting us? A Guardian story I came across in Jack Shafer’s Twitter feed makes the point:
At every point in this unfolding story, government ministers and officials on both sides of the Atlantic have been at pains to point out that everything that is done by the NSA and GCHQ is lawful because there is “legal oversight”. The problem is that citizens have to take their word for it because every substantive aspect of that oversight is secret.
The conversation between the state and the citizen has been reduced to a dialogue that the writer would have recognised. It goes like this.
State Although intrusive surveillance does infringe a few liberties, it’s necessary if you are to be protected from terrible things.
Citizen (anxiously) What terrible things?
State Can’t tell you, I’m afraid, but believe us they are truly terrible. And, by the way, surveillance has already prevented some terrible things.
Citizen Such as?
State Sorry, can’t go into details about those either.
Citizen So how do I know that this surveillance racket isn’t just bureaucratic empire building?
State You don’t need to worry about that because it’s all done under legal authority.
Citizen So how does that work?
State Regrettably, we can’t go into details because if we did so then the bad guys might get some ideas.
What it comes down to, in the end, is: “Trust us.” And the trouble with that is that in recent decades our political elites have done precious little to deserve our trust.
Need more proof? How about the news that the Obama Administration is pushing all federal departments and agencies—not just those concerned with national security—to have employees watch their colleagues but also to “pursue unauthorized disclosures of any information, not just classified material.”
The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.
“It was just a matter of time before the Department of Agriculture or the FDA (Food and Drug Administration) started implementing, ‘Hey, let’s get people to snitch on their friends.’ The only thing they haven’t done here is reward it,” said Kel McClanahan, a Washington lawyer who specializes in national security law. “I’m waiting for the time when you turn in a friend and you get a $50 reward.”
I concede that there are areas of government operations where the need to protect sensitive information is legitimate, but not every area of government meets that standard. That’s why it’s important that there are people who leak government secrets, and that we have news publications of every medium that investigate and publish that information. The leakers don’t have to be saints for us to be thankful they are there, as Ben Smith writes in BuzzFeed today.
There is now a heated debate over the moral status of Edward Snowden — who fled Hong Kong for Moscow en route, reportedly, to Ecuador Sunday — and over whether his decision to flee almost certain conviction and imprisonment in the United States means that his actions can’t be considered “civil disobedience.” These seem like good questions for a philosophy class. They are terrible, boring, ones for reporters, and have more to do with the confusing new news environment than with the actual news.
Snowden is what used to be known as a source. And reporters don’t, and shouldn’t, spend too much time thinking about the moral status of their sources. Sources sometimes act from the best of motives — a belief that readers should know something is amiss, or a simple desire to see a good story told. They also often act from motives far more straightforwardly venal than anything than has been suggested of Snowden: They want to screw someone who is in their way professionally; they want to score an ideological point by revealing a personal misdeed; they are acting on an old grudge, and serving revenge cold; they are collecting chits with the press to be cashed in later.
…the new media ecosystem has moved sources to the foreground. They make their cases directly on Twitter or in web videos; in Snowden’s case, he also chose to protect himself by going and staying public in a way that would never before have been fully possible. “Big news will now carve its own route to the ocean, and no one feels the need to work with the traditional power players to make it happen,” David Carr wrote recently. The fact that the public must now meet our sources, with their complex motives and personalities, is part of that deal.
Snowden’s flight is a great, classic international story. It is, as Glenn Greenwald tweeted today, a kind of global White Bronco moment. His roots in web culture; his ideology; his decision-making; these are all great stories. He’s a much more interesting figure than Mark Felt because, at least, he’s a new figure, not a familiar one.
Snowden’s flight and its surrounding geopolitics are a good story; what he made public is a better one. I’m not sure why reporters should care all that much about his personal moral status, the meaning of the phrase “civil disobedience,” or the fate of his eternal soul. And the public who used to be known as “readers” are going to have to get used to making that distinction.
It should come as no surprise to anyone that Tom The Dancing Bug has something to say on this subject:
Thanks to TDB and GoComics.com.
As they used to say on every Top 40 rock ‘n’ roll station ever, the hits just keep on comin’:
After a stunning one-two punch of secret spying revelations last week, one thing that I hadn’t really counted on happened right away: a voluntary and fairly proud confession from the guy who says he turned over the secret documents to the reporters. Meet Ed Snowden, and read the Washington Post reporter’s sidebar describing what it was like to communicate with Snowden, who knew that he had turned himself into a marked man.
Last week someone (I forget who) noted, possibly on Twitter, the irony that we as a nation feel confident in farming out our National Security Agency work to companies like Snowden’s employer, Booz Allen Hamilton, which didn’t know that he was gathering up documents and talking to reporters, but the job of groping us in airports is so critical that only a government employee will do. Oh, by the way, in a classic horse/barn door kinda thing, Booz Allen finally got around to firing Snowden…
I also expected this sooner: the ACLU is suing the government alleging violation of its rights of free speech, association, and privacy:
As an organization that advocates for and litigates to defend the civil liberties of society’s most vulnerable, the staff at the ACLU naturally use the phone—a lot—to talk about sensitive and confidential topics with clients, legislators, whistleblowers, and ACLU members. And since the ACLU is a VBNS [Verizon] customer, we were immediately confronted with the harmful impact that such broad surveillance would have on our legal and advocacy work. So we’re acting quickly to get into court to challenge the government’s abuse of Section 215.
One of the most fun things here has been that the secret court orders forcing telephone and Internet companies to turn over information are so secret that the companies aren’t even allowed to discuss the orders, and the news has made it look like the companies have been happily cooperating with the feds in violating their customers’ privacy. For anyone who still thinks there is no presumption of privacy anymore, consider this: Google is asking government permission to spill the beans and tell its customers what it has done, in order to “to ease public concerns about the privacy and security of users’ data.”
Google’s inability to disclose “the number of FISA national security requests that Google receives, as well as the number of accounts covered by those requests” fuels speculation that the company has given the U.S. government free access to all its users’ data. That speculation, [Google chief legal officer David] Drummond wrote, is “simply untrue.”
What about our national leaders, the men and women to whom we look for guidance and wisdom on such occasions…what do they have to say about this whole invasion of privacy/government spying on Americans thing? Fortunately, some have been right on top of things, speaking out in favor of a national discussion about the proper balance of safety versus privacy; some have taken some time to think things over before coming to a conclusion about Snowden, and most are waiting for the polls to come in.
OK then, here’s the first poll: Americans tell the Pew Center that they’re pretty much OK with their government spying on them…
The latest national survey by the Pew Research Center and The Washington Post…finds no indications that last week’s revelations of the government’s collection of phone records and internet data have altered fundamental public views about the tradeoff between investigating possible terrorism and protecting personal privacy.
Currently 62% say it is more important for the federal government to investigate possible terrorist threats, even if that intrudes on personal privacy. Just 34% say it is more important for the government not to intrude on personal privacy, even if that limits its ability to investigate possible terrorist threats.
Not everyone thinks that, though, me included. But I’ve already had my say this past week; I recommend taking a look at Emily Bazelon’s thoughts on government abuse of power…
The government has admitted to unconstitutional NSA spying before—last year. The existence of these newly reported databases should be worrisome because once the information is collected, it is so much easier for the government to misuse it. The more data mining, the more it becomes routine and the more tempting to come up with more uses for it. If you trust President Obama and his people not to go too far, what about the next president, or the one after that? We have now had a Republican and a Democrat administration sign up for a broad expansion of warrantless wiretapping and other surveillance, and bipartisan support in Congress for the tradeoffs we have struck. And yes, there is more to the current revelations than we know—in particular, the rationale for the FISA court’s long-standing order for the phone data, and the rationale for PRISM. Let’s concede that a terrorist attack somewhere has probably been prevented as a result of these efforts. So how do we ever go back?
We probably don’t. And someday, the abuses will begin, in all likelihood long before we know about them. I’m not usually moved by slippery slope arguments. But this one looks so very easy to slide down.
…and Charles Cooke’s consideration of a simple historical lesson on personal privacy in a free society:
The adult truth, as ever, is that being free means accepting the negative consequences of being free. I daresay that if cameras were installed in every one of the Republic’s private bedrooms and monitored around the clock by well-meaning sentinels, then the rates of both domestic violence and spousal murder would decrease dramatically. But a free people must instinctively reject such measures as a profound threat to their liberty and, in doing so, accept the risks of unregulated home life. Alas, the story of the last century is the tale of a gradually diminishing tolerance for risk. “I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it,” wrote Thomas Jefferson. In almost all areas, our modern calculation is quite the opposite.
The Fourth Amendment exists now for precisely the same reason that it existed in 1791: to ensure that, in the absence of extremely compelling situations, Americans are not subject to casual government scrutiny. Its authors understood that knowledge is power, and that, as there is no justification for the state to have too much power over you, there is also no justification for the state to have too much knowledge about you
I hope that as this story continues in the months to come, people will give it the serious thought that it deserves. For those having a tough time getting a handle on what all the furor is about, try this as a starting place: would you feel the same way you do now about the actions of the U.S. government if the last president were still in the White House?