Obama's "Open Government" Deletes Top Proposal on "End Imperial Presidency"
<http://afterdowningstreet.org/node/43228>http://afterdowningstreet.org/node/43228
By David Swanson

Is irony even the word for this? The president created a new online 
"open government" system in which people were free to brainstorm and 
vote proposals up or down. Far and away the leading proposal in the 
category of "Legal and Policy Challenges" as of the scheduled end of 
brainstorming was 
<http://opengov.ideascale.com/akira/dtd/3161-4049>End Imperial 
Presidency. You can still 
<http://opengov.ideascale.com/akira/dtd/3161-4049>find it, but it's 
been removed from that category and from the list of all proposals. 
Unless you have the direct link to it, you cannot find it, and when 
you do you can no longer vote for it. It has a label at the top with 
a closed lock and the words "pending moderator approval." When voting 
was scheduled to end on the 28th, this proposal was at the top in its 
category and ranked #3 over all.

Then the Open Government announced that it would keep the 
brainstorming open until June 19th and not begin Phase 2, involving 
discussion of the brainstormed ideas until June 3rd. So, voting 
continued, and "End Imperial Presidency" moved up to second place 
over all. And here we are on June 3rd, and the proposal has been 
removed from the running. I'm not sure if you call this irony, but I 
definitely wouldn't call it Open Government. During the campaign, the 
top demand of Obama's supporters on his website was that he keep his 
promise to oppose and filibuster immunity for telecom companies. 
During the presidential transition, the top question was whether 
Obama would allow the attorney general to appoint a special 
prosecutor for Bush-Cheney. Both of those proposals were rejected. 
Now this one has been rejected as well.

In case it's deleted from the "Open" Government, this was the 
proposal to end the imperial presidency:

Leave the White House less imperial than you found it. Appoint an 
independent prosecutor to prosecute Bush, Cheney, and their top 
officials in order to deter in the future the crimes of aggressive 
war, misleading congress, defrauding congress, misspending funds, war 
crimes, murder, warrantless spying, torture, domestic propaganda, 
violations of the Hatch Act and the Voting Rights Act, obstruction of 
justice, misprision of felony, retaliating against whistleblowers, 
etc. Restore to Congress the power to legislate, the power to begin 
and end wars, the power to raise and spend money, the power to 
approve or reject treaties and appointments, and the power to oversee 
the functioning of the federal government including through the power 
of impeachment and the power of inherent contempt. That means no more 
signing statements rewriting laws, and instead support for 
legislation that would criminalize such behavior. And it means 
similar action on each of the other offenses.

We, the people, must:

Demand that Congress ban the use of funds for any activities created 
in violation of the law by presidential signing statements.

Amend the Constitution to clearly ban the use of presidential pardons 
to pardon crimes authorized by the president.

Amend the War Powers Act and the Constition to include the 
requirement that Congressional authorizations of war include time 
limits of no more than 12 months, after which Congress must vote 
again to extend the war or end it, to disallow the unconstitutional 
initiation of wars without Congressional approval, and to make the 
law enforceable.

Make war profiteering by any war maker a major felony. This would 
apply to any employee of the federal government or anyone who had 
within the past decade been an employee of the federal government.

Legislate a requirement that, in any war, the military aged children 
and grandchildren of the president, the vice president, all cabinet 
officials, and all Congress members serve on the front lines in the 
most dangerous combat positions -- no exceptions, no exemptions.

Prohibit the use of mercenaries or any armed contractors, as well as 
the use of any military force on American soil except when directly 
engaged in defensive war against a foreign nation.

Repeal the Detainee Treatment Act of 2005, the Military Commissions 
Act of 2006, the 2008 FISA Amendments Act, the Protect America Act, 
the original Foreign Intelligence Surveillance Act, and the PATRIOT 
Act.

Ban secret budgets, secret laws, and secret agencies.

Change the Senate rules to eliminate the filibuster.

Create a task force to research whether the Senate has ever served 
any useful purpose not better served by the House.

End all rendition, as distinct from extradition.

Amend the Constitution to make the ban on ex-post-facto laws include 
any laws that would retroactively grant immunity for crimes.

Amend the Constitution to bar the vice president from exercising 
executive power.

Amend the Constitution to clarify the congressional power of inherent contempt.

Amend the Constitution to include the right to vote and to have one's 
vote counted publicly at the polling place.

Give Washington, D.C., full voting representation in Congress.

Amend the Constitution to ban private financing of campaigns, create 
public financing, and provide free air time to candidates.

Sign and ratify the Rome treaty to join the International Criminal Court.

*****

OPTIONAL PART 2 OF THIS PROPOSAL - Drafted and withheld at first, 
posted May 29th in response to useful comments from ttahiti and many 
others posted below.

Release more evidence, and support organizations suing in court for 
the release of evidence.

Ask Congress to update and reissue the subpoenas that were refused 
during the 110th Congress, and to enforce them through inherent 
contempt.

Support media reform and independent media outlets. Break up the 
monopolies. Invest in public media, including an E-Span election 
network to provide free substantive election coverage.

Advance a long-term vision in which the corrupting influences of 
money, media, and party are restrained, and our rights are restored, 
enforced, and expanded, including the right to vote and to have our 
votes counted publicly and locally, equal rights for all, 
environmental rights, the right to education and healthcare, worker 
rights, the right to basic welfare, freedom of press, freedom from 
war lies, and the right to know your rights.

Push for approval, ratification, and enforcement of international 
human rights treaties. Build toward Constitutional amendments or a 
convention with a plan to establish the right to know the laws and to 
have them applied equally, a ban on signing statements, 
whistleblowers protected, inherent contempt established, corporations 
stripped of human rights, monopolies restricted, clean campaign money 
and free media created, the power of parties reduced, nonpartisan 
(not bipartisan) redistricting, limiting election seasons, no more 
electoral college, a bigger House with no Senate, the right to be 
represented, no appointing of senators, limiting terms for judges, 
requiring a balanced budget, limiting bills to single topics and 
requiring clarity, allowing legislation by public initiative, 
allowing recall elections, creating citizen assemblies, and 
developing a fourth (people's) branch of government.

Why Is This Idea Important?

Empires end and they can end happily by voluntarily reforming, or 
they can end miserably by refusing to.


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David Swanson is the author of the upcoming book "Daybreak: Undoing 
the Imperial Presidency and Forming a More Perfect Union" by Seven 
Stories Press.  You can pre-order it for a discount price at 
<http://tinyurl.com/daybreakbook>http://tinyurl.com/daybreakbook

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