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we like it or not. So it's kind of moot. But it does raise some issues about who and what this Congress is, whether or not we have a Constitution any more, what's going on behind the scenes, and what WE, THE PEOPLE need to do to get OUR country back.
First of all, I think our Corporate Rulers have various ways of shaping Congress to its own ends--including, lately, DIRECT control of the vote counts, with TRADE SECRET, PROPRIETARY programming code, owned and controlled by corporations with very close ties to the Bush Junta and far rightwing causes; massive suppression of black, poor and other Democratic votes (Greg Palast estimates 4 million, in this election); massive infusions of money into our filthy campaign contribution system, a lot of it going directly into the pockets of the war profiteering corporate news monopolies for TV ads; and those news monopolies, in turn, dictating the narrow parameters of the political debate, skewed way far over to the right, and marginalizing leftist (majorityist) voices. And all of this is at work in the primaries--where our candidates are chosen--as well as in general elections.
As a consequence, even with a big Dem win, we STILL don't have a Congress that adequately reflects the interests and views of the majority of Americans. Another factor is that only a third of the Senate was up for reelection, so change was barred in two thirds of the Senate. And the Senate will be a key element in watering down or killing most reform--including election reform--in limiting investigations to protect the interests of war profiteers (not to mention war criminals), and of course in preventing impeachment for the worst list of "high crimes and misdemeanors" this nation has ever seen (--and I'm sure we don't know the half of it).
Part of the reason for these crimes was to loot our federal treasury and bleed the poor, and enrich the rich. So of course those things should be remedied, and the Dem leadership is right in trying to do so--particularly as to immediate relief for the poorest of our people--such as raising the minimum wage, and repealing the bankruptcy bill, and financial responsibility measures, such as repeal of the multiple tax cuts for the super-rich, and taxing corporations and the rich appropriately to make up for their windfalls at our expense ($10 TRILLION deficit!), and immediate clampdown on war profiteering (the horse is out of the barn, on that one, I'm afraid--but, at $11 million PER HOUR, we can't begin too soon). Barbara Boxer is also right to create a "green" agenda for the Democratic Party, and start not only addressing the grave environmental problems we face, but also inspiring our people and the rest of the world with positive initiatives. A "green" planet does not at all mean a deprived or stifled human race. It can mean just the opposite.
And, boy, does this country need to turn around and face the future with hope, energy and brain power! Our people want so much to be doing good in the world. Look at what ordinary people tried to do during Katrina! I can't wait for our wonderful, ingenious, noble-hearted people to be called upon to HELP!
Finally, one of the first things Howard Dean said, after the election, was that ELECTION REFORM must be a first priority. The Democratic Party has a miserable record on this issue. The chief obstacle to election reform has been bipartisan corruption on all those billions of dollars in e-voting contracts. That's why we're in the mess we're in, with secret vote counting and so on. And I expect that the best House bill (HR-550)--which already contains some loopholes and weaknesses--will be stripped of its best provisions before (and if) it is passed in the Senate. I also fear "poison pills" placed in the bill by Bushites working with the "Bushite Democrats" swing vote (--such as national mandated e-voting "with a paper trail"--worthless without a good audit). But I DO think that Russ Holt and others should TRY, and, if they see something bad developing, cry the alarm. Too many states have NO "paper trail" and NO audit at all. It's just ridiculous. They need immediate relief. And there is also the matter of Republican vote suppression of black, poor and other Dem voters. This must be addressed. I think the non-transparency throughout the vote counting system will ultimately have to be solved by we, the people. We had a huge showing of Absentee Ballot voters this time, indicating vast distrust of the e-voting system--and this big AB vote may be the group that gets it done, locally (starting with demands to handcount the AB votes, and post the results BEFORE any electronics are involved). In summary, I wouldn't wait around for this Congress to restore transparent vote counting. I hope they do. But we had better get busy locally, and right away (if we want transparent elections in '08).
So you see where I am with this Congress. I don't trust them a whole lot, nor do I believe that they can or will always act in my interest, or the interests of the majority of Americans. We need to be realistic about what a Democratic House--with yet too many "Bushite Democrats" (of the kind who voted for torture and suspension of habeas corpus a few weeks ago)--can accomplish, with a very tight Democratic Senate majority (no wiggle room, and also many "Bushite Democrats"). I hope they shoot even higher--and I hope we at DU and the folks at Truthout and other liberal blogs and groups can push that process along back TOWARD THE CENTER. (Fair taxation is the CENTER, not the left. Transparent vote counting is the CENTER, not the left. Financial accountability is the CENTER, not the left. "Green" energy is the CENTER, not the left. The left would be dismantling Halliburton and the oil giants and seizing their assets for the common good! And then doing the same the war profiteering corporate news monopolies. But I digress.)
But there is a much more fundamental issue that MUST be addressed, and it is absolutely critical to our future as a nation and as a democracy. And it is the "unitary executive."
We have only two ways to curtail an out-of-control president. Impeachment, and voting him out of office. Bushite election theft has barred us from the second. That leaves impeachment. If Congress does not pursue impeachment, then the "unitary executive" and its absolute monarch powers stand, by default. "Power corrupts, and absolute power tends to corrupt absolutely," Lord Acton warned us. And it has more than "tended" that way, in this case. We're there. At absolute power. What should Congress be doing about this?
It's one thing if a president vetoes a bill. There is a political process for dealing with that. It's quite another if he UNWRITES the law passed by Congress, stating that he will not obey it, or will not implement it, or will only implement it selectively, to suit himself! And that's just one example, in this Junta, of a problem that goes all the way back to the Magna Carta--how do you curtail an out-of-control executive?
If Congress just reverts to "the Clinton years" (wherein the"balance of power" was honored by the President), and permits these terrible precedents of absolute power to remain unchallenged, we remain in acute danger of another fascist coup, at any time. Say that this is all that our Corporate Rulers wanted--this snapback from in-your-face fascism to "mere" Corporate Rule. (--I mean, besides looting us blind; what they wanted structurally, to maintain Corporate Rule). Fine. We have "mere" Corporate Rule for a while. (--might as well get used to it, cuz that's what we have.) But if the Corporate Rulers crash this economy (as they have done, for instance, with World Bank/IMF policies throughout South/Central America, prior to the new, democratic, leftist (majorityist) revolution that has occurred there), and people are desperate, and another dictator comes along--in even more dire economic circumstances--we have a White House throne room all set up and ready to be warmed by the butt of our future absolute monarch, who can send you and me into "indefinite detention without trial" if we look at him cross-wise, who can spy on us all, and blackmail and torture us, who can designate us as "terrorists" at his whim, who can waive the Constitution, and who can peremptorily dismiss acts of Congress, and write his own laws.
We lucked out this time, however it occurred (and I don't think we really know that yet--also, it's not over yet). What about NEXT time (George Washington's and Thomas Jefferson's abiding concern)? You think this was bad? Six hundred thousand people slaughtered. Our treasury looted far into the future. And all the other crimes and outrages. What happens NEXT, with these monarchical powers still in place, unchallenged?
We need a new MAGNA CARTA, re-asserting the "balance of power" in this government, rescinding/overturning all those "signing statements," telling the FBI to stay the hell away from Congressional offices, re-declaring Congressional independence, and re-stating Congressional rights, duties and privileges, including the SOLE right of Congress to declare war, and the right of Congress to OPEN RECORDS of the executive branch, and to TRUTHFUL TESTIMONY of executive officers, under oath.
These things are going to come up again and again, if Congress doesn't settle this up front. And if they don't do it by impeachment, they need to find another way. It MUST be done. These precedents cannot be allowed to stand.
And you Republicans out there, who may be lurking, and who are just waking up from this nightmare--and are seeing your own party and your ideals in ruins--think about this: a Democrat in the White House who can freely spy on you and arrest you and shut you up, and who can tell a Republican Congress to go jump in a lake, "I'm now the 'unitary executive!'" And don't think it couldn't happen. Anybody can become a tyrant. One party rule; Republicans not allowed.
We've been in a very bad way, with fascists in the White House, and a Bush "pod people" Congress. But we shouldn't get lulled by the sense of relief we all feel that our political system, however creakily and imperfectly, seems to be coming back to life--as the result of the tremendously hard work of a lot of good people. People in danger of their careers, maybe even of their lives. And just ordinary hardworking grass roots workers and leftists (majorityists). However much control the Corporate Rulers may have--whether via Diebold/ES&S or their monopoly on the "news," or their staggering wealth--the CONDITIONS for this overwhelming vote of the people AGAINST THE WAR and against Bush were created by all of us, and by Howard Dean and other hard workers and believers in "the People" within the Democratic Party. The Corporate Rulers make have permitted it, but they did not create it.
But all our work could be undone--again--as it was in 2004--if Congress does not reclaim its powers, which have suffered such great erosion. I think this needs to be done publicly, maybe with special public hearings so all of us can be heard, and be formulated as a Congressional resolution, and delivered to the White House.
The people need to know that ORDER HAS BEEN RESTORED.
Why were there all these doubts expressed, at DU--and other places--the day after the election? It's because confidence in the government has been severely shaken. And one of the key concerns has been Congress as a "rubber stamp" to Bush, and unlawful presidential action. We need to know that Congress understands who they are, vis a vis this recent history. The country needs to know it. Bush and Cheney need to know it. And FUTURE presidents need to know it. It cannot be an old boys club/old girls club understanding. Congress' stature and position, and its EQUAL POWER, have been severely violated. This is WHY there is so much dismay about "no impeachment." It's the feeling that things are so far out of balance they MUST be REPAIRED, and put back in order. We must tell this and future executives "No! Do not cross this line again!" How do we do that? How does Congress do it?
Personally, I think the statement "Impeachment is off the table" is a promise to violate your oath of office. It is UNCONSTITUTIONAL to put impeachment "off the table." But the very least Congress should do--if they won't curtail the executive directly, with their only tool for doing that (or are using the threat of it, in some behind-the-scenes maneuver), is to formulate and deliver a Magna Carta--clearly stating where the lines are, and re-asserting "balance of power" principles--for their own sakes, and for the sake of future Congresses, and the American people.
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