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Obama and the Constitution.

27-Jan-09

I have to find myself agreeing with all that is below, from Andrew Sullivan’s blog (mostly written by one of his readers):

A reader writes:

Scott Horton is right. My feeling is that Obama’s opening days have gone better than I had any right to expect.

Obama has been many things in his life, but one of his roles has gotten short shrift.  He was a constitutional law professor at one of the best law schools in the country. And there’s something about the Bush administration that’s gotten short shrift as well.  It’s not just that there was a political disagreement — a lot of what the last administration did was illegal. And they didn’t just break run of the mill laws — they broke the central stuff that’s laid down in the constitution.  Their whole program was rooted in this violation of the constitution — without that enormous breach, they couldn’t have their expansive conception of executive power, upon which so many other things depended.

I think this point is really key.  Bush’s conception of the executive isn’t something about which reasonable people disagree.  It was unconstitutional, and the legal arguments defending it were specious and offered in bad faith.  They had as much intellectual integrity as Cheney’s assertion that he belonged to neither the executive or legislative branches.

There’s one last building block to my argument:  the government is made out of laws.  These issues aren’t just intellectual pastimes, things that spectators in armchairs engage in once the men of action take care of business.  These issues are at the center of everything.

Without the legal cover that Bush got, none of the awful stuff that transpired could have occurred. Obama has laid down a lot of stuff very quickly, and the effect of it will be to repudiate the entire philosophy of Bush’s government.  You can see it not only in his executive orders, but in the lawyers he’s appointed.  He’s already changed everything completely.

I read someone from the left who was concerned that Obama wouldn’t close the prison at Guantanamo Bay.  But he has to — he’s already created a new legal framework in which such a place can’t exist.  He’s put together a team that wouldn’t allow him to keep it open.  The facility’s closure is inevitable. I don’t know why more people don’t get this. 

Maybe it’s because the law hasn’t been taken seriously for so long that people don’t think what he’s done means anything.  I don’t really know why it’s flying under the radar. He’s already saved the constitution.  I know that sounds way over the top, but I absolutely believe it’s true. And as a final related point, this is one area where there is an enormous difference between Obama and Mrs. Clinton.  She would not have moved to reestablish the proper constitutional role of the executive.  She wouldn’t have understood that it’s the distortion of that role that’s at the center of so many of our problems. Every single thing he’s done points to an understanding that Cheney’s distorted view of the executive is to blame for so much that’s wrong, and there has been no hesitation, no wavering, in his response.  He’s gone in surgically and attacked it.

I agree. In fact, I’m staggered by how deep and profound the change already is. The antidote to the Cheney poison has been delivered. It will take some time to work through the system. But America is back.

A more perfect union.

26-Jan-09

      Passing through Spartanburg (S.C.), I stopped at a laundromat on the east side of town.  There were four people there, and curiously enough, all four of us were youngish men, doing the laundry on a weekday afternoon.  The other three men were all black.  We started talking, but I literally could not understand the accent of the man who did most of the talking, so I faded out of the conversation.  But later when two of the others had left, I mentioned to the one other man that I was on a trip down south, and I had passed through D.C. on my way down from the north and had been to the inauguration.  To say that he was curious was an understatement.  He wanted to hear all about it, and when I had given him a sense of the event the conversation came to a little pause.  He then asked me, “What do you think of Obama?”  It was clear that he wanted the “white person’s” opinion on the man.  We both had a lot to say about how impressed we were.  He was most impressed by his non-retaliatory style.  As we spoke of all the good things that were happening around us, he voiced the (often cited) fear that Obama would be killed.  He felt it very powerfully.

      All this love so many people are pouring out for this man, could turn to hatred very quickly if he were killed.  And it is worrisome, because all this light will cast a shadow at some point.

      But as we discussed this possibility both of us had watery eyes.  I will reiterate that the emotional effect Obama is having on this country is astonishing.

      And what amazed me was how very curious we both were, like a teenage boy and girl curious about each other. 

6 days, 500 miles, and 4 degrees of latitude later…

24-Jan-09
Charlottesville, VA

And a pickup-truck load of snow arrives in Charlottesville, Virginia.

Hierarchy and leadership.

23-Jan-09

      Reading over some of Peggy Noonan’s pieces from the past several years on Barack Obama, I felt that I was seeing an old political operative finally seeing that there can be something real in politics.  When you look at a year or more’s worth of pieces from her, you see her coming to an appreciation of the young democrat slowly but surely.

      I remember Ms. Noonan visiting my high school and speaking there; I was amazed that she could have been a presidential speechwriter, because she seemed like such a lightweight blowhard (I guess that says more about the youthful me than about her).  And I felt that way for years, seeing her columns from time to time.  But something has changed in her.  The combination of obvious Republican fecklessness and incompetence and the emergence of Obama have brought a new kind of maturity to her writing.  What she seems to realize now is that intelligent people do not have to be the servants of their less intelligent superiors.  The cabinet members of your average politician – and certainly of your average president – are usually far more intelligent than the men who tell them what to do.  Obama is probably the first president that she felt she had something to learn from.  That can change a commentator, can’t it?  It’s the difference between experiencing the leadership of another as opposed to merely your own inferior place in a hierarchy.

Change.

23-Jan-09

I think we are just beginning to see just how transformative Barack Obama’s election has been for the psyche of this country.  Already he is an icon (and I mean that in the fullest sense).  He is unleashing something that has been dammed up in this country for a long time.

Photo: mailbox in Bethesda, Maryland.

God, this man is nothing but good news.

22-Jan-09

A NYT piece on Obama’s lifting of Bush administration secrecy rules here.  The gist:

The new president effectively reversed a post-9/11 Bush administration policy making it easier for government agencies to deny requests for records under the Freedom of Information Act, and effectively repealed a Bush executive order that allowed former presidents or their heirs to claim executive privilege in an effort to keep records secret.

“Starting today,” Mr. Obama said, “every agency and department should know that this administration stands on the side not of those who seek to withhold information, but those who seek to make it known.”

And a nice bit of comment:

Experts said Mr. Obama’s moves would have the practical effect of allowing reporters and historians to obtain access to records from the Bush administration that might otherwise have been kept under wraps.

“Historians are overjoyed by this,” said Lee White, executive director of the National Coalition for History.

As are citizens.  It’s our government.  And thirty two years of being a Catholic have taught me that while privacy is essential, secrecy is never good.

Always a sign of health…

22-Jan-09

… when there is good political humor.  Here is the comedians‘ take on the inauguration.

Gen O Inauguration Survival Kit

21-Jan-09
A shame I didn't catch this cutie while she was still in possession of these items.

Some cutie's without her Obama inauguration gear tonight.

Walking back to Bethesda yesterday along Wisconsin Avenue after the inauguration, I chanced upon a plastic bag left on a street corner.  For various reasons, the gloves inside the bag caught my eye, and I decided to take the bag rather than leave it there.

It contained a “Generation Obama” inauguration survival kit: three ziploc bags (one consumed) of homemade pancakes (betcha it’s organic mix or organic flour), a pair of Outdoor Research Windstopper Gripper (TM) ladies’ gloves ($45), and a cute knit cap (brand called CS, never heard of it, made in Canada).  And a marker, handy for writing signs, well worn, which said:

1.20.2009.PRESIDENT BARACK OBAMA

2,040,082 Americans

are forming community groups

on…

meetup.com

A warning to all the ladies I know: someone is going to be given a knit cap and a pair of gloves real soon, which should be very useful & cute (after being hygienically laundered, of course).

Sting’s Beard

21-Jan-09

      By the way, Sting, I like the beard.  Let’s do something for Hairy-Americans.  (When will be get our next president with facial hair, I wonder?  I bet it will be a long time.  The fight against beardism goes on.)

The Neighborhood Ball.

21-Jan-09

      Last night I was at the home of an elderly Italian gentleman and found, to my surprise, one of the inaugural balls on television (did they do this in the past?).  There was Beyonce, Sting, Mariah Carey and the like with Barack and Michelle and friends dancing in a little special stage for them.  It didn’t look very Viennese or ball-like, to be quite honest; it was a bit shocking for me to see the President dancing to the kind of music that might have been played at my sister’s wedding.  And of course, I was very curious to hear what this Italian gentleman, in his 80s – who every day wears a pressed button-down shirt and pleated pants, and on cooler days a cashmere sweater, and who even though it’s not that easy on his knees will always rise to greet someone and will always escort you to the door – thought about seeing a black president dancing onstage to music by Mariah Carey.

      He turned and said to me, “It’s so good to see a young man in the presidency.”