Articles Posted in Politics

Justia columnist and former counsel to the president John Dean comments on recent Republican ploys, such as seeking to disenfranchise those who will likely vote for Democrats. Dean contends that the GOP has forgotten the basics of American democracy, and that its anti-government stance and its attacks on spending are creating new and unnecessary problems, when there are many other problems that we have yet to effectively address. Dean also warns that America only works based on widespread human decency, a tenet that he contends that the Republicans are testing.

Justia columnist and former counsel to the president John Dean comments on Senator Ted Cruz, who has made news lately. Deeming Cruz an authoritarian conservative, Dean discusses Cruz’s recent clash with fellow Senator Dianne Feinstein, and Cruz’s background and views. Dean also argues that while some call Cruz a wacko, he is better described as a troll; and explains why even some conservative commentators are finding Cruz to be going beyond their limits.

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on a number of striking post-election policy changes from Republicans, on issues ranging from gay rights, to immigration, to reproductive choice. Buchanan argues that the key issue that Republicans won’t bend on now is, unfortunately, the crucial issue of helping people in need—a category of persons that does not just encompass the needy, but other groups like today and tomorrow’s children and retirees as well.

Justia columnist and former counsel to the president John Dean argues that Republican obstructionism in Washington, DC today can be solved in ways similar to those that defeated Republican obstructionism in California. Dean chronicles key events in California’s experience, commenting on the Schwarzenegger Administration and the most recent Brown Administration, and remarking upon the ways in which Democrats, Labor, and Progressives made the Republican Party irrelevant in California, with tactics including registration drives targeting ignored categories of voters. Dean also details the five-step process used in California to defeat Republican obstructionism, and suggests how a similar process could be used at the national level, as well.

Justia columnist, George Washington law professor, and economist Neil Buchanan explains the difference between the sequester and the debt ceiling. He faults Republicans for manufacturing three artificial political crises: shutdowns, defaults and artificial spending cuts. He also makes clear the differences between unilateral Presidential action and Congressionally mandated arbitrariness when it comes to cuts. Moreover, he raises the following questions: When Congress inflicts pain on Americans on purpose, what, if anything, can the President do? Must he still follow Congress’ laws even then?

Justia columnist and former counsel to the president John Dean discusses President Obama’s State of the Union voting commission proposal, and the two well-known Washington lawyers—one a Democrat, the other a Republican—who will head the Commission. The Commission will be tasked with improving the voting experience for Americans, in the face of, among other voting problems, reports of extremely long lines at the polls in some states in 2012. Dean argues that the history of presidential commissions is not encouraging, but that President Obama’s Commission could do some good if it focused on preventing a repeat of Republicans’ efforts in 2012 election to make voting more difficult, and thus advantage their own party.

Justia columnist, George Washington law professor, and economist Neil Buchanan cautions young people that there is much misinformation in the media, and from some in Congress, now about Social Security, which he urges them to resist. Buchanan counters the misinformation by, first, explaining the basic financial workings of the Social Security program, and then explaining why the aging of the Baby Boom generation will not inexorably harm younger citizens when it comes to Social Security, as some claim. Buchanan also argues that Democrats should not give ground on Social Security, as President Obama has tried to do, because, in the long run, keeping Social Security strong will benefit both the young and the old alike.

Justia columnist and former counsel to the president John Dean offers a sharp critique of House Majority Leader Eric Cantor’s recent speech, “Make Life Work for More People.” Dean sees the speech as a pure public relations move, to initiate a kind of rebranding of the Republican Party. Dean contends, though, that there is nothing truly new in Cantor’s speech, if one reads it closely, with an eye to history. Dean comments specifically on five areas on which Cantor commented: education, healthcare, workplace reforms, immigration and innovation, and in each area deems Cantor’s views mundane. Dean also locates Cantor’s views within modern conservatism and its key thinkers.

Justia columnist, George Washington law professor, and economist Neil Buchanan argues that today’s policy debates should not focus too far on the future, contrary to Paul Ryan's and others’ arguments. Buchanan notes that leading economists are now increasingly acknowledging that our longtime focus on debt and deficits is no longer appropriate. Thus, Buchanan contends that we need to focus, for instance, on preventing cuts to Social Security, Medicare, and Medicaid that will definitely harm people, not on long-term forecasts about debt that may or may not prove accurate.

Justia columnist and former counsel to the president John Dean discusses the debt-ceiling crisis and how it might play out. Dean notes that if both sides remain adamant in their positions, we will be in unchartered territory, and that President Obama is refusing to negotiate this time around. To make the stakes here clear, Dean describes the impact of failing to raise the debt-ceiling limit. Moreover, citing the work of fellow Justia columnists Neil Buchanan and Michael Dorf, Dean also explains the constitutional and legal problems that will arise if the debt ceiling is not raised, and why its not being raised is a real possibility. Dean also questions whether an out-of-control Congress might even attempt to impeach President Obama if he were to be forced to break the law in order to prevent the U.S. from defaulting, and avert a financial catastrophe.

Justia columnist and Cornell law professor Michael Dorf and Justia columnist, George Washington law professor, and economist Neil Buchanan argue that, faced with a trilemma of unconstitutional choices, President Obama effectively has no choice but to exceed the debt ceiling, and they explain exactly why that is. Buchanan and Dorf describe why, to honor the Constitution, a President must choose to issue debt in excess of the statutory limit, if the budget otherwise requires him to do so. They also argue that even Republicans in Congress should want the President to issue more debt, if Congress itself is unable to find a way to do its duty and increase the debt ceiling as needed. In their analysis, Buchanan and Dorf also invoke the idea that some choices are more unconstitutional than others; constitutionality, in other words, isn’t just either/or.

Justia columnist, George Washington law professor, and economist Neil Buchanan sharply critiques the tax deal that was just passed. Buchanan contends that the big picture here is very different from that painted by Beltway insiders in the run-up to the deal, in important ways. To support his points, Buchanan covers the basics of the deal; points out that merely because both sides were disappointed does not mean that a good deal was struck; and questions the need for the deal in light of the fact that the long-term budget situation looks significantly better than most people think, in part because certain pessimistic assumptions about health-care costs have so far not proven true.

Justia columnist and former counsel to the president John Dean urges that filibuster reform is vitally necessary if the nation is to get Congress working again. Dean places the problem squarely on Republicans’ shoulders, and describes the Party’s filibuster abuses. He also notes the baleful effect of the Republicans’ use of the filibuster upon the judicial confirmation process, triggering an emergency situation in the judicial branch. Dean comments on what effective filibuster reform would look like; contends that there are no strong arguments against it; and explains the so-called “nuclear option” that Democrats still could invoke if they so chose.

Justia columnist, George Washington law professor, and economist Neil Buchanan argues that while President Obama appeals to voters on the left and in the middle, his economic policies are actually center-right—which might be a surprise to some of his constituents. Moreover, Buchanan points out that Obama has several times compromised with himself, rather than with the Republicans, in key negotiations, thus losing ground that, Buchanan suggests, didn’t need to be ceded. Buchanan also takes Obama to task for lacking the will to increase tax rates on the wealthiest taxpayers.

Justia columnist and former counsel to the president John Dean comments on the sharp post-election increase in the number of petitions that have been sent to the White House by Americans, seeking certain states’ secession from the Union—totaling 22 states, thus far. (Generally, the Obama White House, via its “We the People” digital forum, welcomes any American to start or sign a petition addressing an issue that concerns him or her, and in some cases, the Administration has responded.) But Dean explains why the secession petitions are—and should be—doomed to fail, as well as being patently unconstitutional, unpatriotic, and illegal. To claim otherwise, as would-be secessionists do, Dean notes, is to utterly ignore the Civil War and the Fourteenth Amendment. Dean also paints a frightening picture of what post-secession America would be like, in the states that had seceded, if the petitioners were to somehow get their wish.

Justia columnist, George Washington law professor, and economist Neil Buchanan comments on President Obama's options regarding the debt ceiling—noting that they are much better than one might think. Buchanan contends that Republicans may think that they can force Obama to cut spending, in order to avoid breaking through the debt ceiling, but Buchanan points out the other options that the President still has, and explains why none of these options will be appealing to Republicans.

Justia columnist and former counsel to the president John Dean takes strong issue with the Norquist Pledge, which Washington lobbyist Grover Norquist has asked Members of Congress to sign. The Pledge says, “I [insert name] pledge to the taxpayers of the state of [insert name], and to the American people that I will: ONE, oppose any and all efforts to increase the marginal income tax rates for individuals and/or businesses; and TWO, oppose any net reduction or elimination of deductions and credits, unless matched dollar for dollar by further reducing tax rates.” The Pledge has become significant in the context of raising taxes as a solution to the potential “fiscal cliff” crisis. Dean contends that the Pledge is not only a bad idea, but also one that violates the Constitution. Moreover, Dean points out that, as the pledge is not a valid contract, for it is missing key elements that contract law requires, it is also not enforceable as such.

Justia columnist and Cornell law professor Michael Dorf comments on the interesting question of what President Obama’s agenda should be, now that he has been re-elected. Past presidents have often faced scandals in their second terms, Dorf notes, but assuming that Obama avoids that fate, what should his top priority be? Dorf argues that it should not be a grand bargain addressing the federal deficit by lowering spending and increasing taxes, as the options currently on offer in that vein could actually be harmful in the short run, and inadequate in the long run. Instead, Dorf says, Obama’s key agenda item should be cost internalization when it comes to health care. That would mean that we would move toward a health-care system in which the people who profit from health-care measures (doctors and patients) also bear the cost of those measures. Although we may already be headed in this direction, Dorf notes, there is much more to be done along these lines.

Justia columnist and former counsel to the president John Dean takes strong issue with Republican polarization and obstructionism. Moreover, Dean explains why and how these strategies have worked for Republicans over the years, tracing them back to Newt Gingrich and his supporters, who innovated a three-day work week for Representatives, with their families living in their home districts—the result of which, Dean points out, was that Representatives did not get to know one another well, and there was little chance of collegiality. Now, too, Dean observes, Republicans are also employing obstructionist and divisive tactics. Dean urges that, in light of these developments, it's urgent that journalists and other s chronicle and expose these strategies. Dean is confident, though, that in President Obama, the obstructionists have met their match.

Justia columnist and Cornell law professor Michael Dorf comments on the fiscal cliff—the combination of higher taxes and across-the-board spending cuts that America faces if Congress and President Obama fail to reach agreement in the next few months. Dorf explains exactly what the cliff is, how we came to its edge, and why there is no guarantee that our elected leaders will avoid taking us over the cliff. In so doing, Dorf addresses both aspects of the cliff—higher taxes and spending cuts—and the deadlines that pertain to each. Dorf also addresses the question whether compromise is possible on these issues, and explains why the outcome, if there is no compromise, may have stark consequences, as everyone involved knows—and yet still might occur.