From: "Sid Shniad" <[EMAIL PROTECTED]>

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/04/ED5OUPQJ7.DTL&hw
=Endgame&sn=001&sc=1000

Rule by fear or rule by law?

Lewis Seiler, Dan Hamburg
San Francisco Chronicle February 4, 2008

"The power of the Executive to cast a man into prison without formulating
any charge known to the law, and particularly to deny him the judgment of
his peers, is in the highest degree odious and is the foundation of all
totalitarian government whether Nazi or Communist."

  -- Winston Churchill, Nov. 21, 1943

Since 9/11, and seemingly without the notice of most Americans, the federal
government has assumed the authority to institute martial law, arrest a wide
swath of dissidents (citizen and noncitizen alike), and detain people
without legal or constitutional recourse in the event of "an emergency
influx of immigrants in the U.S., or to support the rapid development of new
programs."

Beginning in 1999, the government has entered into a series of single-bid
contracts with Halliburton subsidiary Kellogg, Brown and Root (KBR) to build
detention camps at undisclosed locations within the United States. The
government has also contracted with several companies to build thousands of
railcars, some reportedly equipped with shackles, ostensibly to transport
detainees.

According to diplomat and author Peter Dale Scott, the KBR contract is part
of a Homeland Security plan titled ENDGAME, which sets as its goal the
removal of "all removable aliens" and "potential terrorists."

Fraud-busters such as Rep. Henry Waxman, D-Los Angeles, have complained
about these contracts, saying that more taxpayer dollars should not go to
taxpayer-gouging Halliburton. But the real question is: What kind of "new
programs" require the construction and refurbishment of detention facilities
in nearly every state of the union with the capacity to house perhaps
millions of people?

Sect. 1042 of the 2007 National Defense Authorization Act (NDAA), "Use of
the Armed Forces in Major Public Emergencies," gives the executive the power
to invoke martial law. For the first time in more than a century, the
president is now authorized to use the military in response to "a natural
disaster, a disease outbreak, a terrorist attack or any other condition in
which the President determines that domestic violence has occurred to the
extent that state officials cannot maintain public order."

The Military Commissions Act of 2006, rammed through Congress just before
the 2006 midterm elections, allows for the indefinite imprisonment of anyone
who donates money to a charity that turns up on a list of "terrorist"
organizations, or who speaks out against the government's policies. The law
calls for secret trials for citizens and noncitizens alike.

Also in 2007, the White House quietly issued National Security Presidential
Directive 51 (NSPD-51), to ensure "continuity of government" in the event of
what the document vaguely calls a "catastrophic emergency." Should the
president determine that such an emergency has occurred, he and he alone is
empowered to do whatever he deems necessary to ensure "continuity of
government." This could include everything from canceling elections to
suspending the Constitution to launching a nuclear attack. Congress has yet
to hold a single hearing on NSPD-51.

U.S. Rep. Jane Harman, D-Venice (Los Angeles County) has come up with a new
way to expand the domestic "war on terror." Her Violent Radicalization and
Homegrown Terrorism Prevention Act of 2007 (HR1955), which passed the House
by the lopsided vote of 404-6, would set up a commission to "examine and
report upon the facts and causes" of so-called violent radicalism and
extremist ideology, then make legislative recommendations on combatting it.

According to commentary in the Baltimore Sun, Rep. Harman and her colleagues
from both sides of the aisle believe the country faces a native brand of
terrorism, and needs a commission with sweeping investigative power to
combat it.

A clue as to where Harman's commission might be aiming is the Animal
Enterprise Terrorism Act, a law that labels those who "engage in sit-ins,
civil disobedience, trespass, or any other crime in the name of animal
rights" as terrorists. Other groups in the crosshairs could be anti-abortion
protesters, anti-tax agitators, immigration activists, environmentalists,
peace demonstrators, Second Amendment rights supporters ... the list goes on
and on. According to author Naomi Wolf, the National Counterterrorism Center
holds the names of roughly 775,000 "terror suspects" with the number
increasing by 20,000 per month.

What could the government be contemplating that leads it to make contingency
plans to detain without recourse millions of its own citizens?

The Constitution does not allow the executive to have unchecked power under
any circumstances. The people must not allow the president to use the war on
terrorism to rule by fear instead of by law.

Lewis Seiler is the president of Voice of the Environment, Inc. Dan Hamburg,
a former congressman, is executive director.

***

http://www.nytimes.com/2008/02/13/opinion/13reich.html?th&emc=th

Totally Spent

By ROBERT B. REICH
NY Times Op-Ed: February 13, 2008
Berkeley, Calif.

WE’RE sliding into recession, or worse, and Washington is turning to the
normal remedies for economic downturns. But the normal remedies are not
likely to work this time, because this isn’t a normal downturn.
The problem lies deeper. It is the culmination of three decades during which
American consumers have spent beyond their means. That era is now coming to
an end. Consumers have run out of ways to keep the spending binge going.

The only lasting remedy, other than for Americans to accept a lower standard
of living and for businesses to adjust to a smaller economy, is to give
middle- and lower-income Americans more buying power — and not just
temporarily.

Much of the current debate is irrelevant. Even with more tax breaks for
business like accelerated depreciation, companies won’t invest in more
factories or equipment when demand is dropping for products and services
across the board, as it is now. And temporary fixes like a stimulus package
that would give households a one-time cash infusion won’t get consumers back
to the malls, because consumers know the assistance is temporary. The
problems most consumers face are permanent, so they are likely to pocket the
extra money instead of spending it.

Another Fed rate cut might unfreeze credit markets and give consumers access
to somewhat cheaper loans, but there’s no going back to the easy money of a
few years ago. Lenders and borrowers have been badly burned, and the values
of houses and other assets are dropping faster than interest rates can be
lowered.

The underlying problem has been building for decades. America’s median
hourly wage is barely higher than it was 35 years ago, adjusted for
inflation. The income of a man in his 30s is now 12 percent below that of a
man his age three decades ago. Most of what’s been earned in America since
then has gone to the richest 5 percent.

Yet the rich devote a smaller percentage of their earnings to buying things
than the rest of us because, after all, they’re rich. They already have most
of what they want. Instead of buying, and thus stimulating the American
economy, the rich are more likely to invest their earnings wherever around
the world they can get the highest return.

The problem has been masked for years as middle- and lower-income Americans
found ways to live beyond their paychecks. But now they have run out of
ways.

The first way was to send more women into paid work. Most women streamed
into the work force in the 1970s less because new professional opportunities
opened up to them than because they had to prop up family incomes. The
percentage of American working mothers with school-age children has almost
doubled since 1970 — to more than 70 percent. But there’s a limit to how
many mothers can maintain paying jobs.

So Americans turned to a second way of spending beyond their hourly wages.
They worked more hours. The typical American now works more each year than
he or she did three decades ago. Americans became veritable workaholics,
putting in 350 more hours a year than the average European, more even than
the notoriously industrious Japanese.

But there’s also a limit to how many hours Americans can put into work, so
Americans turned to a third way of spending beyond their wages. They began
to borrow. With housing prices rising briskly through the 1990s and even
faster from 2002 to 2006, they turned their homes into piggy banks by
refinancing home mortgages and taking out home-equity loans. But this third
strategy also had a built-in limit. With the bursting of the housing bubble,
the piggy banks are closing.

The binge seems to be over. We’re finally reaping the whirlwind of widening
inequality and ever more concentrated wealth.

The only way to keep the economy going over the long run is to increase the
wages of the bottom two-thirds of Americans. The answer is not to protect
jobs through trade protection. That would only drive up the prices of
everything purchased from abroad. Most routine jobs are being automated
anyway.

A larger earned-income tax credit, financed by a higher marginal income tax
on top earners, is required. The tax credit functions like a reverse income
tax. Enlarging it would mean giving workers at the bottom a bigger wage
supplement, as well as phasing it out at a higher wage. The current
supplement for a worker with two children who earns up to $16,000 a year is
about $5,000. That amount declines as earnings increase and is eliminated at
about $38,000. It should be increased to, say, $8,000 at the low end and
phased out at an income of $46,000.

We also need stronger unions, especially in the local service sector that’s
sheltered from global competition. Employees should be able to form a union
without the current protracted certification process that gives employers
too much opportunity to intimidate or coerce them. Workers should be able to
decide whether to form a union with a simple majority vote.

And employers who fire workers for trying to organize should have to pay
substantial fines. Right now, the typical penalty is back pay for the
worker, plus interest — a slap on the wrist.

Over the longer term, inequality can be reversed only through better schools
for children in lower- and moderate-income communities. This will require,
at the least, good preschools, fewer students per classroom and better pay
for teachers in such schools, in order to attract the teaching talent these
students need.

These measures are necessary to give Americans enough buying power to keep
the American economy going. They are also needed to overcome widening
inequality, and thereby keep America in one piece.


Robert B. Reich, a professor of public policy at the University of
California, Berkeley, is the author, most recently, of “Supercapitalism.”



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