A wish list for the new Congress
In keeping with Reed’s topic, below, here’s a seven-item new year’s wish list for the new Congress. Remember, this is a truncated wish list, just for the next two years. If I thought there were an entrenched majority and a probable Democratic president, I’d be more ambitious. Some of these are underway, and I endorse them enthusiastically:
1. Restore habeas corpus, emphatically endorse the Geneva Conventions, ban secret detention and extraordinary rendition, and shut down Guantanamo and all secret torture sites.
2. Launch immediate hearings on every aspect of the Iraq war, and come up with an intelligent withdrawal plan.
(More below...)3. Repeal tax cuts for the superwealthy, and close loopholes that allow businesses and wealthy individuals to pretend they are based in the Seychelles, et al.
4. Tie regular increases in the minimum wage to Congress’s salary increases.
5. Investigate, expose, and correct the under-funding and under-enforcement of laws in key agencies responsible for Americans’ safety when eating, at work, in the air, when using prescription meds, when banking, and so on.
6. Launch hearings for mandatory national public preschools, beginning at age three, and for intelligent school schedules. Our post-industrial economy is insanely hobbled by the fact that children are still sent home in time to milk the cows—forcing hundreds of thousands of workers to make rickety arrangements for their care.
7. Start hearings on a national energy independence initiative—a Manhattan or Apollo project for our time—that would look into alternative energy sources and into cleaning up our environment.
Of course, far more is needed, but maybe someone else can ask Santa for an end to the deficit, replenishment of the Social Security fund, ratification of the Kyoto Protocol and the UN Convention on the Rights of the Child (and other international human rights treaties and instruments, like CEDAW), an end to the military's ban on lesbians and gay men serving openly, the beginning of a national slavery museum, passage of the Nadler/Leahy Uniting American Families Act that would let lesbians and gay men sponsor foreign-born partners for immigration, an end to the global gag rule, mandatory “greening” of all federal buildings, improved policing of executive pay, an overhaul of the current tangle of equal employment opportunity law (both statutory and case law), and other important stocking stuffers.


8. Get real about global warming.
9. Restructure global trade agreements to insure economic gains for low and middle income families.
10. Initiate a universal, single-payer health care system.
I'd move these into the top five priorities.
January 3, 2007 8:16 AM | Reply | Permalink
Tie minimum wage increases to inflation - we have done that here in the State of Washington and we are now just shy of $8.00/hour. It works very well. AND, our economy is very, very strong with low unemployment. To naysayers of minimum wage and its' impact on small business, I say...prove it.
Also, as the minimum wage goes up, Wal-Mart, Home Depot etc, can't sit on the sidelines. They too have to pony up at least a bit better wages for their underpaid employees.
Number 6 - universal preschool is an absolute must.
And, Red Planet's number 10 (single payer healthcare) - another absolute must.
This is a great list of must dos. Let's make sure we continue to press our Democratic Senators and Congress Members to work for passage of each of these goals.
Beware of the fanatics, they never see gray.
January 3, 2007 9:50 AM | Reply | Permalink
Re; Launch hearings for mandatory national public preschools, beginning at age three, and for intelligent school schedules.
Kids should be given time and space to be kids, not launched into school as soon as they can walk and talk. Modern children are far too regimented as it is. Likewise after-school but before dark play time is is worth keeping. As for who's going to watch them, attack the problem at the other end by pressing for paid parental leave, flexible work schedules, telecommuting, etc.
January 3, 2007 10:18 AM | Reply | Permalink
This is somewhat on topic...Should The Decider announce troop increases on Tuesday we are calling for an immediate response nationwide. We here in Montana are planning direct action to demonstrate disgust at the contemptuous attitude and dangerous disconnect from reality increasingly on display in this administration. We urge all readers to organize immediately in your area and spread the word throughout the blogosphere. The MOMENT is soon upon us. In Solidarity.
January 3, 2007 10:20 AM | Reply | Permalink
I think you're on to something, JPF311. Watching my grandchildren go through school recently, I saw an enormous amount of busy work and time-wasting that was an unnecessary burden on both kids and teachers, and did not involve much of either teaching or learning.
This is not to say that there are not children who are capable of benefitting from pre-schools, just that among the problems in our schools I would not rank kids spending too little time there very high.
The proposal seems to be designed as a solution for two-wage-earner families in need of inexpensive baby-sitters rather than to advance the education of children. Your proposed alternatives are much more productive.
January 3, 2007 10:27 AM | Reply | Permalink
Link minimum wages to inflation. Yes!
January 3, 2007 10:29 AM | Reply | Permalink
Beware of the fanatics, they never see gray.
January 3, 2007 11:27 AM | Reply | Permalink
The Democratic Party ignores this at their own peril. If the Democratic Party ignores this, they actively imperil America. The Natural Rights of All Humans is not a gift of the state to its citizens. It is preexistent and preeminent to a state's being, and not within their legitimate power to legislate. This is non-negotiable, it is not on a bargaining table. Only a tyrannical state claims it possesses the power to strip humans of their Natural Rights, and it was expressly NOT a power given to The US Government in the only document that legitimises its power, the Constitution.
There were many non-aligned to political party who helped turn the tide towards the Democrats this last election. Many based their decision primarily upon the obscene theft of rights, which rightfully are secured through universal human possession, by the Republican majority congress, and a president, who claims his powers exist without the Constitution, which he has now twice sworn honourably to defend, protect and uphold. The same president, whose acts have been the catalyst for "circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy of the Head of a civilized nation."
Will the Democratic Party actually prove they are preferable to the GOP, or will they simply provide evidence once again, that they are a significant part of the problem; the flip-side of the poisonous coin which is intent upon destroying the Dreamtime America?
January 3, 2007 12:04 PM | Reply | Permalink
I live a few miles from what was once a prisoner of war camp for members of the Waffen SS. Some had been spies captured in Europe. They lived a pretty comfortable life here in this American prison camp.
Should we have extended Habeous corpus rights to them upon arrival?
For the record, I don't think so.
January 3, 2007 12:08 PM | Reply | Permalink
They were covered under POW treaties, as well as imprisoned by a government which still believed it was compelled to respect humans' natural rights. Do not compare how the US treated POWs in WWII with the obscene manner in which our current government has, for you defame America's history by doing so.
The detainees are either POWs, and protected under the umbrella of the Geneva Conventions, or they are humans, who the government claims are criminal actors, yet still arrogantly refuses to adhere to Constitutional requirements; providing due process of law, and minimally violates the 5th, 6th, 8th and 13th Amendments in these actions.
There is no third way.
Habeas Corpus is NOT a right which a government possesses control over, it is a natural right. To ask if the government should give habeas corpus to detainees is to admit that you do not believe the government is bound by The Constitution, that you do not believe certain rights are secure with their possession by humans, and believe instead, all rights are gifts of a magnanimous state to its citizens, and therefore insecure.
January 3, 2007 12:22 PM | Reply | Permalink
This is completely correct. I did not go to pre-school until age 4 (though when I did I went to it 5 days a week) and I am glad I did not start earlier. I do have a problem with the fact that they are public and mandatory. Does that mean you cannot send your child to a private pre-school?
Also, the only way I can see to agreeing to "pre-school" would be if they were dedicated at least at age three to the social interaction and play and free-form learning if at all.
Excellently put JPF311.
January 3, 2007 12:37 PM | Reply | Permalink
I see, So you are saying the Nazi spies in this American detention camp were being held by a government that had "respect for humans natural rights" so they were right to hold them until the war was over without giving them Habeous Corpus rights which are clearly intended for non-combatants in civilian life.
Your second paragraph is just not true. The Geneva conventions do not present only those two choices you mentioned POW or criminal. Read it first and get back to me.
Furthermore, I can't see how you can on the one hand praise the treatment of the Nazi spies' indefinite imprisonment and then turn around and argue the opposite.
January 3, 2007 12:39 PM | Reply | Permalink
With regard to your "there is no third way" statement. Maybe you could provide some evidence of the first two, so we can discuss the third.
I think your interest in "Natural law" is a good idea, I disagree with your interpretation. Using your interpretation, A person has a natural right to something and a constitutional government that functions by the consent of the people is not capable of describing, delineating or even protecting the right because any action the government takes regarding this right is some sort of usurpation of the natural law.
If the right of Habeas corpus is a natural law, it is a law that relates to how "Humans" interact with their government. That means government plays a part, so the government DOES have some control of the application and protection of Habeas Corpus. Saddam Hussein was in US custody, did he deserve Habeas Corpus protections from US Courts or Iraqi courts? How about Herman Goerring? Which government should establish a Habeas Corpus Relationship with the Human. Should I be able to ask for a Trial in Rome or Paris if I am arrested in New York?
Earlier you were excited about the discussion of Habeas Corpus rights for the Beheading Terrorists. Which government are you concerned with? Your Natural law interest is nice, but when you jump to all kinds of conclusions that nobody else in the world understands it like you do because you would like to water down the concept of rights by dealing with them in an arbitrary manner is just counterproductive.
Describe the first two categories of hostiles in a war zone and under what authority they should be dealt with and then we can discuss the third or fourth or...
January 3, 2007 2:31 PM | Reply | Permalink
Not a bad list E.J. All 7 wishes are possible.
Hearings are fine. But you / we shouldn't get our hopes up on any action in the next two years. I must remind that the Democratic majority in the Senate is 51-49. If any single Senator votes with the 49 Republicans, the bill is not passed.
The 51 Democratic Senators includes Joe Lieberman. But he is quite liberal compared to Ben Nelson, Mary Landrieu, Ken Salazar, and Mark Prior, for instance. Most of those four are opposed to many of the initiatives you list.
January 3, 2007 3:29 PM | Reply | Permalink
Re: Habeas Corpus is NOT a right which a government possesses control over,
Here I disagree (somewhat). Habeas corpus only exists because of legal porcesses themselves. Unlike rights to free speech, religion etc. it is is indeed a product of legal processing. And the Constitution itself does allow Habeas Corpus to be suspended by the president.
Before anyone flames me, I do agree with the poster who said "There is no third way". The detainees should be treated for what they are: prisoners of war, with all the protections thereof.
January 3, 2007 3:54 PM | Reply | Permalink
I don't know that I buy your idea of Natural Rights, Pseud (may I call you Pseud?), but I love and second everything else about your comment. Whether natural or not, the right of any person to challenge his or her seizure by the government is absolutely fundamental to not just American, but Western civilization. To surrender that right is to surrender a civil liberty that goes back 800 years.
If the Democrats won't fight for it, who will? And if they won't fight against this would-be tin-horn, then against whom?
January 3, 2007 4:54 PM | Reply | Permalink
Link Congressional/Presidential health care to Universal Health Care. No elected official should have better health care paid with public dollars than does the American with the least access.
January 3, 2007 5:52 PM | Reply | Permalink
Please don't demand some mystical belief in natural rights and natural law in order to reject Bush behavior. We don't have to be simpletons to be moral.
January 3, 2007 5:53 PM | Reply | Permalink
#1 Priority - cut off all military funding for Iraq -except for the safe return of our troops.
Tom
January 3, 2007 6:12 PM | Reply | Permalink
No. This is NOT what "Pseud" was saying:
I see, So you are saying the Nazi spies in this American detention camp were being held by a government that had "respect for humans natural rights" so they were right to hold them until the war was over without giving them Habeous Corpus rights which are clearly intended for non-combatants in civilian life.
What I understood the statement to be was that the Nazi spies were POW's, and so were under the Geneva Conventions RATHER than Habeus Corpus.
What I think that we Americans have to realize is this: We can't have it both ways. We can't imprison people without charges, torture them; invade countries under false pretenses; we can't assist in the lynching of someone who was a CIA asset for 40 years (and who could incriminate many of our big-wigs); we can't waste the lives of our citizens and throw money at powerful friends of the administration while denying benefits to veterans and indeed, our elderly and sick.
We can't do all of the above and claim to be the good guys. The Bush administration has removed the last semblance of decency from our country. Our reputation is shot, but even more serious than that, they have stoked (and capitalized on) our fears rather than our strengths, and we are diminished because of it.
We have lost our moral authority, and the ironic aspect of this is the "holier than thou," fake piety that got these false prophets in office in the first place. (Notice I did not say "elected" because they never were duly elected.
TJKING -- get over yourself. We have bigger problems than your whiney complaints.
Jan Knaus
January 3, 2007 6:41 PM | Reply | Permalink
If believing in laws of nature is "mystical" then all of science is hopeless mumbo-jumbo too.
January 3, 2007 6:57 PM | Reply | Permalink
Jan,
I'm glad you can speak for Pseud. I find it humorous that you break down in tears at the end of your screed and call me a Whiner.
I asked a question about the application of Habeas Corpus rights and you jump in and answer for someone else so that you don't have to answer the question.
Pseud's answer was actually better than your characterization of his words, because he has actually looked into the concept of the law he is talking about.
If you knew anything about the Geneva Conventions you would know that the Nazi spies that were at this camp were actually receiving better treatment than the Geneva Conventions offer. Our country was holding the spies in a POW camp even though, contrary to your statement, the Geneva conventions did not cover them. The "Spies" were not covered under the third nor would they have been covered by the fourth.
Our soldiers could have caught the un-uniformed Nazi spies and executed them on the spot and the Geneva conventions would have been followed to a T. They also would not have had the right under US law to ask for a writ of Habeas Corpus to be charged by a US magistrate or receive due process in a US court. That is the Third way ( and there are more).
Thats the way the Constitution works and thats the way the Geneva convention works.
If you don't like the rules, change 'em. But those are the rules.
You followed up with the statement:
"...they have stoked (and capitalized on) our fears rather than our strengths, and we are diminished because of it..."
You use the word "we". You might speak for Pseud and yourself, but when you say "we", you don't speak for me. If someone stoked your fears, then maybe you should have looked up the facts and the laws that you claim to know, before you start to whine about them, because as you confess Jan, ...you are diminished because of it.
January 3, 2007 8:42 PM | Reply | Permalink
Other than sticking out your toung and saying "blah," exactly what does this mean? Do you happen to know anything about philosophy of science or philosophy of religion for that matter? Could you suggest sociological reasons why religion is comfortable source of metaphysics for those who don't have the capacity to understand complex phenomena?
Assuming that science is mumbo-jumbo, I assume you walk to work (as a manual laborer) and use smoke signals and Morse code to enter your posts on the internet? I take it you don't LIKE having someone challenge your superstition. That doesn't make it any less a superstition.
January 3, 2007 8:55 PM | Reply | Permalink
The ACTUAL language that would apply DURING World War II is this:
Article 1.The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:
To be commanded by a person responsible for his subordinates;
To have a fixed distinctive emblem recognizable at a distance;
To carry arms openly; and
To conduct their operations in accordance with the laws and customs of war.
In countries where militia or volunteer corps constitute the army, or form part of it, they are included under the denomination "army."
Art. 2.The inhabitants of a territory which has not been occupied, who, on the approach of the enemy, spontaneously take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war.
Art. 3.The armed forces of the belligerent parties may consist of combatants and non-combatants. In the case of capture by the enemy, both have a right to be treated as prisoners of war.
Hague Convention (IV) of 18 October 1907
Article 3, above, leaves it ambiguous as to whether, DURING WWII, spies would be entitled to the benefit of being treated as POWs. Unless we were deliberately being malicious, we would likely decide yes. It would appear that Under these rules spies may have had more rights during war than not.
As to the very weird view that spies do not have the right to Habeas Corpus, it IS true that the president can suspend Habeas Corpus during war time. It is NOT true that he can suspend it at other times (NOR CAN CONGRESS). There is NOTHING in the Constitution to support the bizarre view that Habeas Corpus applies to citizens. So, being a non-citizen spy does not render the spy ineligible for Habeas Corpus (although our Right Wing court might think otherwise). Likewise, I would think the President would have to ACTIVELY suspend Habeas Corpus, not just seek out individual instances of suspension.
The idea that our soldiers could have shot spies on the spot, while possibly true in practice, would be murder in fact.
January 3, 2007 9:22 PM | Reply | Permalink
Note: this is a response to all who questioned my allegations that habeas corpus is not a natural right, or not a right that the government can rightfully control. My choice of response here was purely arbitrary, and meant for all who fit into the two cases mentioned above.
It is amazing just how little most Americans really know about the US Constitution. This is the only sceptre of legitimacy which the government can operate under. Politicians have lied, politicians do lie, and politicians will lie. Most persons who have power bestowed upon them will use their power in an attempt to acquire more power. A personal understanding of the Constitution is imperative for America to remain free. It does not bother me if you feel that my interpretation of the Constitution is improper, but only if the allegation can be backed up by a sensible reading of the text.
Habeas Corpus is mentioned once in the Constitution:
I am not here to debate the reality of Natural Rights, it is irrelevant. What is relevant is that Natural Rights were considered to be incontestably axiomatic by the nation's founders, and that Natural Rights were also considered to be without the power of the State, unless they had been consciously given up to the state by the individual citizenry. Presently, I am willing to yield none of my natural rights to the government; they have proved themselves corrupted, and willing to steal liberty they have not a right to own. Obviously they are not to be trusted with even a temporary control of human rights.
The Constitution defines habeas corpus as a Privilege, and this privilege belongs to ALL humans, not to the state. Article I describes the powers and duties of the Legislature, not the Executive, therefore, the executive has not a right to suspend habeas corpus, under any circumstance, only the legislature can, and then only in extreme situations: "when in Cases of Rebellion or Invasion the public Safety may require it". Do not attempt to exaggerate the circumstances of September 11, 2001, enabling it to be described as an "invasion". It was one blind-side shot by 20 determined zealots lucky enough to have implemented it during an Executive Administration so arrogant, derelict and ignorant, that they failed in their primary duty: defense of the homeland. 20 guys, even given that they can rationally be defined as "terrorists", does not an invasion make, and it certainly does not fall under the category of "rebellion" either.
Mr. Bush committed an impeachable offense when he claimed authority over habeas corpus. Congress was derelict with their enactment of the Military Commissions Act of 2006, not only because we are not currently under a state of either rebellion or invasion, but also because the legislation did not "suspend" habeas corpus, it took it from some humans forever. Defend or ignore this tyranny if you so desire, but understand, it is tyranny, and unacceptably obscene to many Americans. By defending or ignoring it, you imperil both your party and America. Attempts to ground this tyranny in the Constitution will not be acceptable to those of us who value the rights of humans. Again, this is non-negotiable, it does not sit upon a bargaining table. Which side are you on?
Finally, I quote Thomas Jefferson, who posited that habeas corpus need not even be suspended during rebellions or invasions:
January 3, 2007 9:41 PM | Reply | Permalink
Call me whatever you wish KJ, I often use just 'pdca' when self-referencing on this site. You might want to take a look at an older post of mine on this site, that lays out why I believe that Natural Rights are relevant, without even debating whether they are real, as well as my case against Mr. Bush. I think you'll agree with the argument.
January 3, 2007 9:50 PM | Reply | Permalink
Thank you for looking up the constitution and reminding me that my memory was faulty (I remembered "war" where the constitution says "Rebellion or Invasion" a much narrower set).
As to your notion of natural rights, I appreciate that the founders used these terms, but they are entirely bizarre in modern language. The constitution also says
Everyone knows the "twenty dollars" in this quote is anachronistic. So, too, is the term, "natural rights." It worked well in the 1780s. It doesn't anymore. So, please, don't stick us with mysterious out of date concepts that get us more trouble than they are worth.
January 3, 2007 10:04 PM | Reply | Permalink
Again, I disagree, as the Constitution's only mention of habeas corpus is in Article I, which is the Powers and Duties of the Legistative branch, not the Executive. The idea that the Legislature has a power to suspend habeas corpus during any war is also too broad, given the Contsitution's text. It can only occur when either:
and even then only when "the public Safety may require it".
These are not circumstances which presently face America.
January 3, 2007 10:10 PM | Reply | Permalink
Again, an overly broad generalisation; "everyone knows". I know one person who attempted to use this amendment as a method of escaping a small claims court. He was informed that if he was the losing party, the extra court costs of the jury trial would be assessed against him. I am not sure if the Federal Courts have bound this over to state court systems via incorporation through the fourteenth amendment though, or if only some have, and it is not considered to be final yet.
Possibly, you could provide case law citations to substantiate your allegation that the US Constitution's Seventh Amendment is an anachronism, and simply because of that, no longer has the force of law behind it? I am curious. So far, you have only offered proof that you are an equivocator of liberty.
January 3, 2007 11:22 PM | Reply | Permalink
Maybe some of you need to consider that I am basically a friendly, offering a warning shot, high and wide. Already, others are calling down direct strikes:
Anthony Gregory, "Will the Democrats Save Our Civil Liberties?", The Independent Institute, December 20, 2006
It doesn't matter how you feel about the Independent Institute, they are respected by a significant portion of libertarians, and an even larger portion of the anti-war libertarians, and anti-war conservatives. Their musings sometimes possess long legs.
January 3, 2007 11:57 PM | Reply | Permalink
...and in any case, there is nothing in the Constitution that permits Congress to pass a law suspending habeas corpus. The Military Commissions Act is unconstitutional.
January 4, 2007 5:15 AM | Reply | Permalink
I never shed any tears, verbally or physically. When I said "we" I was referring to Americans in general. I am allowed to do that because I am an American.
I repeat: Get over yourself.
Jan Knaus
January 4, 2007 5:33 AM | Reply | Permalink
Dear Psuedo,
Belief in the mysterious is not necessary for morality. Quoting Lawrence only makes you pretentious. I never suggested that the Seventh Amendment was anachronistic. And, I will allow that only informed people know (I do not assume that all judges are informed) that the reference to twenty dollars is anachronistic. If you think it is not, try getting a jury trial in federal court on a matter involving $20. The words are read "in context" even by strict constructionist judges. You may recall that the US didn't even have a central bank at the time of the writing of the Constitution. So you might have to look up the meaning of the term, in context.
Anachronism refers to out of date concepts such as the term "twenty dollars" in the Seventh Amendment or the term "natural rights." Nature gives you the right to die (not at time of your choosing). I prefer better quality rights.
January 4, 2007 6:16 AM | Reply | Permalink
How about getting rid of the entire CONCEPT of "Signing Statements." They are a blank check for over-riding law and they make no sense. How has he gotten away with all of this malfeasance?
Get a load of the latest one:
http://www.commondreams.org/headlines06/0104-51.htm
where Dubya has declared he can open deomestic mail "when justified" but without a warrant.
Jan Knaus
January 4, 2007 8:05 AM | Reply | Permalink
Claiming the Seventh Amendment is an anachronism, and therefore invalid, is a defense that Alberto Gonzales uses to justify the abrogation of the Geneva Conventions. Nice company you keep...
At the risk of my being pretentious:
January 4, 2007 8:47 AM | Reply | Permalink
Re: ...and in any case, there is nothing in the Constitution that permits Congress to pass a law suspending habeas corpus. The Military Commissions Act is unconstitutional.
Habeas corpus does not and never has applied to POWs, which is what the detainees in fact are.
January 4, 2007 8:51 AM | Reply | Permalink
Re: Do you happen to know anything about philosophy of science or philosophy of religion for that matter?
Well, I have a degree in physics so I am not exactly ignorant about science or mathematics.
Re: Assuming that science is mumbo-jumbo
Did you read what I wrote? I do not assume science is mumbo-jumbo. That would apparently be your position if you dismiss the concept of natural law as "mysticism". Do you also desconstruct the axioms of gemotery and the postulates of arithmetic?
Re; I take it you don't LIKE having someone challenge your superstition.
My "superstition" is that human reason (and more broadly, human perception in all its aspects) can actually tell us something useful about the world. Maybe even something "true", if