The Politics of Extreme

I pulled this graphic from its original source at Rand. It came via Wonkblog at WaPo that shows an entire set of nifty graphs chosen by economic “experts” as their favorite charts of the year 2011. This was the graphic chosen by former Obama budget guru Peter Orzag who now works for Citigroup.  Here’s his explanation.

“If you want to understand the debt limit debate this year and the ongoing gridlock we are likely to experience for years, study this graph. In the late 1960s, the most conservative Democrats in the House and the most liberal Republicans voted together frequently enough (as shown by the overlap between the two distributions) to make centrist legislating successful. By the late 1980s, that overlap was dwindling. Today, it is largely gone.”

You can actually read the Rand study that begins by discussing the first of the US polarization debates:  Federalists vs. Anti-Federalists.  If you check out the graphics on voter demographics, you’ll see there’s still a split in party identification.   However, there seems to be an increasing tilt towards identification with the Democratic Party from about 1980 onward.  Still, you wouldn’t know it by the way congress gridlocks over the most simple business of the people.

There are several news items that have me thinking today about this in some detail.  First, is the seemingly endless policy hostage-taking coming out of the House of Representatives these days. Second, is this ad made by Romney as he tries to sell out the last vestige of common sense and education he ever demonstrated in search of the credibility that no right winger will ever give him. Romney’s disingenuous spiel  about the fairness frame is beyond any explanation other than crass politics. It continues to play into the Obama is a socialist meme.  You think it would get old hack for Republicans to exclaim socialist at every human attempt to actually level the playing field and remove the gross incentives these days to maintain the wealth and incomes of the very few.

Just a couple of weeks ago in Kansas, President Obama lectured us about Teddy Roosevelt’s philosophy of government.  But he failed to mention the important difference between Teddy Roosevelt and Barack Obama.  Roosevelt believed that government should level the playing field to create equal opportunities.  President Obama believes that government should create equal outcomes.

In an entitlement society, everyone receives the same or similar rewards, regardless of education, effort, and willingness to take risk. That which is earned by some is redistributed to the others. And the only people who truly enjoy any real rewards are those who do the redistributing—the government.

The truth is that everyone may get the same rewards, but virtually everyone will be worse off.

This last statement is a baldface lie.  The great income inequality that exists is bad for the entire country and that includes the very rich.   However, no amount of historical analysis of economies and finance seems to ever throttle the hysteria surrounding protecting the very wealthy these days.  Romney seems hell bent on attacking Obama on his Republican perceived “otherness” rather than the actual policies.  It’s just nasty code for secret Muslim Kenyan. This is undoubtedly because Obamacare really is Romneycare is DoleCare and most other things Obama has done are seriously no different than any Republican of Romney’s type–or for that matter of the earlier Gingrich incarnations–would’ve done.  Like a magician pulling some kind of slight of hand, Romney and Gingrich both need diversions from their past.

When you look at all the Big Lies Romney has told in recent months, you’ll see a common thread running through them all. They’re all about conveying a sense that you should find Obama’s intentions towards America vaguely suspect; that Obama harbors a deep seated indifference or even hostility towards the fundamentals that make America what it is; and that Obama is in some basic way undermining the foundation of American life as we know it.

Obama has been so good at maintaining the status quo that most liberals have turned on him including Matt Damon who says Obama “rolled over” to Wall Street.

So this leads me to the third thing that has me thinking about the current plight of governance in the US.  Robert Reich has written a shrill piece on “Why the Republican Crack up is bad for America”.  I’ve frequently accused Haley Barbour, Ron Paul and Rick Perry of being neoconfederates much to the chagrin of libertarians I know.  It really confuses me that a libertarian could support incredible intrusions into personal liberties and constitutional rights under the guise of state rights.  To me, these neoconfederates use this excuse in the same way that slave owners used it to maintain the right to own black people.  They use it to control who votes, what women do with their bodies, when stores can sell alcohol, who can get married in civil ceremonies, and all kinds of things. These are the very people that Romney and Gingrich are morphing, shucking, and dancing for.

Reich’s commentary on the recent power surge of the right wing’s John Birch Society/Neoconfederate wing in the Republican party is scathing.  The only problem that I can see is that Reich believes these folks artifacts from the Southern part of the US. All you have to do is listen to some of the stuff coming out of Republicans in Iowa to know that this mentality isn’t limited to the deep South or places where confederates migrated.   These folks have been with us a long time.  The Nixonian Southern Strategy captured them from the Dixiecrats although there are still a few of them floating around both parties.

As Michael Lind has noted, today’s Tea Party is less an ideological movement than the latest incarnation of an angry white minority — predominantly Southern, and mainly rural — that has repeatedly attacked American democracy in order to get its way.

It’s no mere coincidence that the states responsible for putting the most Tea Party representatives in the House are all former members of the Confederacy. Of the Tea Party caucus, twelve hail from Texas, seven from Florida, five from Louisiana, and five from Georgia, and three each from South Carolina, Tennessee, and border-state Missouri.

Others are from border states with significant Southern populations and Southern ties. The four Californians in the caucus are from the inland part of the state or Orange County, whose political culture has was shaped by Oklahomans and Southerners who migrated there during the Great Depression.

This isn’t to say all Tea Partiers are white, Southern or rural Republicans — only that these characteristics define the epicenter of Tea Party Land.

And the views separating these Republicans from Republicans elsewhere mirror the split between self-described Tea Partiers and other Republicans.

In a poll of Republicans conducted for CNN last September, nearly six in ten who identified themselves with the Tea Party say global warming isn’t a proven fact; most other Republicans say it is.

Six in ten Tea Partiers say evolution is wrong; other Republicans are split on the issue. Tea Party Republicans are twice as likely as other Republicans to say abortion should be illegal in all circumstances, and half as likely to support gay marriage.

Tea Partiers are more vehement advocates of states’ rights than other Republicans. Six in ten Tea Partiers want to abolish the Department of Education; only one in five other Republicans do. And Tea Party Republicans worry more about the federal deficit than jobs, while other Republicans say reducing unemployment is more important than reducing the deficit.

In other words, the radical right wing of today’s GOP isn’t that much different from the social conservatives who began asserting themselves in the Party during the 1990s, and, before them, the “Willie Horton” conservatives of the 1980s, and, before them, Richard Nixon’s “silent majority.”

Through most of these years, though, the GOP managed to contain these white, mainly rural and mostly Southern, radicals. After all, many of them were still Democrats. The conservative mantle of the GOP remained in the West and Midwest — with the libertarian legacies of Ohio Senator Robert A. Taft and Barry Goldwater, neither of whom was a barn-burner — while the epicenter of the Party remained in New York and the East.

But after the Civil Rights Act of 1964, as the South began its long shift toward the Republican Party and New York and the East became ever more solidly Democratic, it was only a matter of time. The GOP’s dominant coalition of big business, Wall Street, and Midwest and Western libertarians was losing its grip.

So, this is the group that has Romney and Gingrich forgetting their earliest roots.  It’s also why Romney is so busy playing up the Obama as “other” meme and Gingrich is shouting about arresting judges that disagree with him.  The judiciary has consistently stopped the overreach of the neoconfederates in blocking the ability to vote, restricting women’s rights, segregating schools, and forcing fundamentalist christianity into public life.   Gingrich clearly knows who and what he’s playing to.  We definitely see their dynamic in Congress where there is that incredibly shrinking ability to produce policy that represents any kind of bipartisan overlap as show in the Rand chart above.

Clearly, all recent polls show utter frustration on the part of the majority of Americans–Republicans, Democrats, and Independents alike–with these games.  Those of us that live in states that are now captured by these forces–up until the Katrina disaster Louisiana was a swing state–are experiencing a backslide towards the 19th century.  The deal is that gerrymandering has made many politicians safe.  Caucuses and limited primary voting continues to reinforce the patterns of polarization.  Campaigns that rely on the funds of select few donor bases exacerbates all of the above.

I continue to wonder if some third party will develop that can manage to capture the frustrated moderate voter. Until then, we may have to watch the polarization problem play out.  Reich thinks that the main vulnerability is within the Republican party, but I’m not so sure.  I think that polls show a major amount of dissatisfaction with what’s being produced by today’s political environment. That includes both establishment parties.  It’s only a matter of finding the correct vehicles for change and reform.  My personal thoughts are that the Tea Party permanents will be hung out to dry in 2012 in many places outside of the South.  I still have no idea where the rest of voter frustration will go.  There appears to be no beneficiary at this point.  I wonder how long this can continue without some of these cracks in the system becoming unrepairable.


Greed is Good Redux

The real life Gordon Gekko set went to an investor’s conference in Gotham City to defend wealth this month.  I dare you to find much difference between some of the quotes I read in this Bloomberg article and the Greed is Good speech.  Remember most of these are guys are bankers.  These aren’t guys that make cars, produce wheat, or build houses.  These are functionaries of overhead and gambling.  They still don’t seem to get that people don’t hate rich people that come by their money without manipulation of laws, favorable tax treatment, and government subsidies and bailouts.  It’s people that get wealthy by gaming the system, raiding the US treasury, and extracting huge salaries for running failed casino operations that are the targets of anger these days.  I guess all that money doesn’t guarantee you’ll actually be able to use your brain or your common sense to solve a problem.

Here’s a pretty good example of some whining that deserves no sympathy.

The organization assisted John A. Allison IV, a director of BB&T Corp. (BBT), the ninth-largest U.S. bank, and Staples Inc. co- founder Thomas Stemberg with media appearances this month.

“It still feels lonely, but the chorus is definitely increased,” Allison, 63, a former CEO of the Winston-Salem, North Carolina-based bank and now a professor at Wake Forest University’s business school, said in an interview.

At a lunch in New York, Stemberg and Allison shared their disdain for Section 953(b) of the Dodd-Frank Act, which requires public companies to disclose the ratio between the compensation of their CEOs and employee medians, according to Allison. The rule, still being fine-tuned by the Securities and Exchange Commission, is “incredibly wasteful” because it takes up time and resources, he said. Stemberg called the rule “insane” in an e-mail to Bloomberg News.

“Instead of an attack on the 1 percent, let’s call it an attack on the very productive,” Allison said. “This attack is destructive.”

Oh, wait.  There’s more.

Asked if he were willing to pay more taxes in a Nov. 30 interview with Bloomberg Television, Blackstone Group LP (BX) CEO Stephen Schwarzman spoke about lower-income U.S. families who pay no income tax.

“You have to have skin in the game,” said Schwarzman, 64. “I’m not saying how much people should do. But we should all be part of the system.”

Some of Schwarzman’s capital gains at Blackstone, the world’s largest private-equity firm, are taxed at 15 percent, not the 35 percent top marginal income-tax rate. Attacking the banking system is a mistake because it contributes to “a healthier economy,” he said in the interview.

Paulson, the New York hedge-fund manager who became a billionaire by betting against the U.S. housing market, has also said the rich benefit society.

“The top 1 percent of New Yorkers pay over 40 percent of all income taxes,” Paulson & Co. said in an e-mailed statement on Oct. 11, the day Occupy Wall Street protesters left a mock tax-refund check at its president’s Upper East Side townhouse.

I’ll quote just one more and then you can read the others on your own.

Tom Golisano, billionaire founder of payroll processer Paychex Inc. (PAYX) and a former New York gubernatorial candidate, said in an interview this month that while there are examples of excess, it’s “ridiculous” to blame everyone who is rich.

“If I hear a politician use the term ‘paying your fair share’ one more time, I’m going to vomit,” said Golisano, who turned 70 last month, celebrating the birthday with girlfriend Monica Seles, the former tennis star who won nine Grand Slam singles titles.

There’s an entire rogue’s list of the persecuted 1 percent there along with some eye popping quotes.  I can’t decide if I should close with a reference to the Julio-Claudian period in Rome or the Bourbon monarchy in France.  Do these guys really think their contributions to civilization are all that?  Since when did destroying the savings and home values of most of the country become something to brag about?

Pitchforks or Guillotines?


Monday Reads

Good Morning!

More news on the assault on the rights of US women and a case that may put Roe v. Wade back on the SCOTUS  Docket.  We’ve written of this one before; however, Newsweek has some extra analysis.  Jennie McCormick was arrested for using RU-486 to terminate a pregnancy in her home state of Idaho.  She got the pills from her sister and was reported to police by a friend.  So, what exactly is her crime?  Her pregnancy was a few weeks farther along than the one trimester.

McCormack, who thought she was about 12 weeks along, took the pills (the protocol involves two drugs, mifepristone and misoprostol) the afternoon they arrived. The drugs are FDA-approved only for ending early-stage pregnancies; McCormack had no complications, but the pregnancy turned out to be more advanced than she thought—perhaps between 18 and 21 weeks, experts later speculated—and the size of the fetus scared her. She didn’t know what to do—“I was paralyzed,” she says—so she put it in a box on her porch, and, terrified, called a friend. That friend then called his sister, who reported McCormack to the police.

Although RU-486 is legal and the fetus was not yet “viable” (that is, old enough to live outside the uterus), Idaho has a 1972 law—never before enforced—making it a crime punishable by five years in prison for a woman to induce her own abortion. The day after police arrested McCormack, her mug shot appeared above the fold in the local newspaper. “It’s hard to imagine the humiliation and fear,” says her lawyer, Richard Hearn, who is also a physician.

The case was dropped weeks later due to lack of evidence. Without solid proof, such as the envelope in which the pills came, her confession wasn’t enough to sustain the case. But prosecutors retained the right to re-file charges. In response, Hearn got a federal injunction to prevent any woman from being prosecuted under the state’s anti-abortion statute by the district attorney. He also filed a class-action suit against the state, claiming the statute is unconstitutional. But all that took nine months to play out, and McCormack lurched into depression and became a virtual shut-in.

“You’d have to know the climate here,” says Hearn, “to fully imagine the amount of pressure Jennie is under, how hostile people can be, how isolated she is.” Next week, motions will be heard in federal court to certify the suit as a class action. Last week, the prosecutor filed a motion to have Hearn’s injunction lifted.

This is basically the new frontier of the back alley abortion.  Approximately 20 percent of abortions now involve pills abortion drugs.  They are 95% effective and many can be mail ordered over the internet.  Restrictions on abortion providers and funding all over the country may increase the necessity of using abortion drugs.  This could be a central case in the fight for women’s reproductive rights and our constitutional rights.

Last night North Korean leader Kim Jong Il died.  His third son will replace him.  Frontline has an interesting series of programs  on Kim that you may want to watch.

Speaking of Tin Pot dictators, John Boehner and his house republicans have blocked the payroll tax cuts.  Only tax cuts for billionaires seem to be acceptable to the minions of Grover Norquist.

In an interview on “Meet The Press” on NBC, John A. Boehner, the House speaker, said his members broadly opposed the two-month extension that passed the Senate 89 to 10 on Saturday, believing that it would be “just kicking the can down the road.”

“It’s time to just stop, do our work, resolve the differences, and extend this for one year,” Mr. Boehner said. “How can you have tax policy for two months?”

The surprising setback threatened the holiday plans of lawmakers and President Obama, deeply embarrassed Republican leaders in both chambers and raised the specter of a year-end tax increase that economists have warned could set back the already fragile economic recovery

The House is to take up the Senate bill — passed in a rare Saturday session — when members return to Capitol Hill on Monday night. House leaders expect the bill to fail and their members to then consider and perhaps vote on an amended version that same night.

Horrifying violence in Egypt extends to women protestors.  Two women were photographed being brutally beaten and molested by Egyptian Security forces.

In a video broadcast on the internet, security forces dressed in riot gear are seen chasing a woman and beating her to the ground with metal bars before stripping her and kicking her repeatedly. One soldier stamps his foot hard on her chest.

Other images showed women beaten unconscious.

After being viciously beaten by the ten-strong mob, the woman lies helplessly on the ground as her shirt is ripped from her body and a man kicks her with full force in her exposed chest.

Moments earlier she had been struck countless times in the head and body with metal batons, not content with the brutal beating delivered by his fellow soldier, one man stamped on her head repeatedly.

She feebly tried to shield her head from the relentless blows with her hands.

But she was knocked unconscious in the shameful attack and left lying motionless as the military men mindlessly continued to beat her limp and half-naked body.

Before she was set upon by the guards, three men appeared to carry her as they tried to flee the approaching military.

But they were too slow and the soldiers caught up with them, capturing the women and knocking one of the men to the ground.

I’m just glad we didn’t share our armed drone technology with Mubarak.

William D. Cohen has a killer essay up at Bloomberg called: Corzine Another Victim of the Alpha-Male Curse.

For years, I have wondered why, for some people, enough is never enough. For example, what could have possibly motivated Jon Corzine — a respected former senator, governor and Wall Street big shot with hundreds of millions in the bank — to take the top job at MF Global Holdings Ltd (MF) in the first place?

He was 63 years old, six months away from getting remarried. He was one of the few remaining high-profile Wall Street Democrats around, and an avid supporter of President Barack Obama. He was routinely mentioned as a possible successor to Treasury Secretary Timothy Geithner, if Obama were to win a second term.

Why couldn’t Corzine just enjoy his fortune, perhaps set up an eponymous foundation to do good works, bide his time and then use his connections to become Treasury secretary? He already had a cushy perch at Princeton University, where he invited any number of finance types to teach his class while he basked in their reflective glory. Life was good. (Disclosure: I once taught the class, although the amount of glory reflected is debatable.)

There’s a fascinating set of articles on the CERN particle collider and the hunt for The Higgs boson particle at The Economist.

The announcement, by Fabiola Gianotti and Guido Tonelli—the heads, respectively, of two experiments at CERN known as ATLAS and CMS—was that both of their machines have seen phenomena which look like traces of the Higgs. They are traces, rather than actual bosons, because no Higgs will ever be seen directly. The best that can be hoped for are patterns of breakdown particles from Higgses that are, themselves, the results of head-on collisions between protons travelling in opposite directions around CERN’s giant accelerator, the Large Hadron Collider (LHC). Heavy objects like Higgs bosons can break down in several different ways, but each of these ways is predictable. Both ATLAS and CMS have seen a number of these predicted patterns often enough to pique interest, but not (yet) often enough to constitute proof that they came from Higgses, rather than being random fluctuations in the background of non-Higgs decays.

The crucial point, and the reason for the excitement, is that both ATLAS and CMS (which are located in different parts of the ring-shaped accelerator tunnel of the LHC) have come up with the same results. Both indicate that, if what they have seen really are Higgses, then the boson has a mass of about 125 giga-electron-volts (GeV), in the esoteric units which are used to measure how heavy subatomic particles are. That coincidence bolsters the suggestion that this is the real thing, rather than a few chance fluctuations.

Bradley Manning begins his 4th day of his preliminary hearing.  The third day brought some interesting testimony on the atmosphere surrounding the sort of intelligence Manning saw.

However, the witnesses also said soldiers at the intelligence analysis center Manning worked at in Iraq routinely flouted the Army’s safeguards for classified information by playing music, movies and video games on computers that were part of the military’s secure network for classified information.

Some in the brigade even used a “password-crack program” to break into the administrator account and add software, a civilian computer contractor who handled Manning’s unit, Jason Milliman, testified.

“They thought they had full rights and were able to whatever they wanted to do,” said Milliman, who said he couldn’t stop the unauthorized practices because he had no authority over the soldiers.

Capt. Thomas Cherepko, who was in charge of the computer network at Manning’s base in eastern Iraq, said the presence of unauthorized programs on the classified computers was routine

Asked if the rules were “violated on a daily basis,” Cherepko said: “More or less, yes sir.”

Well, that should start things off today.  What’s on your reading and blogging list today?


Gingrich Jumps the Shark

What won’t this man say for  a vote?  Since when do Presidents get to arrest judges that disagree with them?  Where did this guy get his history degree?

Right wing attacks on the judiciary are a campaign staple but this takes it a new level.You would think something in this “historian’s” education would have shown him that there are the co-equal branches of government.

Continuing his crusade on the judicial system, GOP presidential frontrunner Newt Gingrich said Sunday morning that he wouldn’t mind arresting any judge who he disagreed with.

When asked by CBS’ Face The Nation host Bob Schieffer him if he would “send capital police down” to make any arrest, Gingrich specified further his comments from Saturday.

“Sure, if you had to,” he said. “Or you’d instruct the Justice Department to send a U.S. Marshal.”

Gingrich called the judicial branch of the U.S. government “the weakest branch of the three.”

Damn!  How much of the constitution are you willing to sell out just to pander to the angry, ignorant base?


Friday Reads

Good Morning!

We’re finally out of Iraq and it’s based on terms set by Dubya Bush.  Have we learned anything at all?

The war that was waged – yes, for oil, and yes, also for Israel – was waged above all to terrify the world (especially China) with American power. It turned into the largest boomerang in history. For what has been demonstrated instead are the limits of near-bankrupt America’s power. Far from being cowed, America’s adversaries – and its enemies – have been emboldened. With shock and awe the empire soon dominated the skies over Iraq to be sure. But they never controlled a single street in the country from the day they invaded until this day of retreat. One street alone – Haifa Street in Baghdad – became the graveyard of scores, maybe hundreds of Americans.

Fortresses like Fallujah entered history alongside Stalingrad as symbols of the unvanquishable power of popular resistance to foreign invasion. Crimes like Abu Ghraib prison – where Iraqis were stripped naked and humiliated, forced to perform indecent acts upon each other and videotaped doing so for the entertainment of their torturers in the barracks afterwards – entered the lexicon of the barbarism of those who invade others, flying the colours of their “civilising” mission. As Chairman Mao once put it: “Sometimes the enemy struggles mightily to lift a huge stone; only to drop it on its own foot.” In an America where a third of the population are living in poverty or terrifyingly near it, and where imperial hubris met its nemesis on Haifa Street, China now knows it has nothing to fear from this paper tiger.

The NYT mentions that we’ve left them with a lot of challenges.

Iraq faces a multitude of vexing problems the Americans tried and failed to resolve, from how to divide the country’s oil wealth to sectarian reconciliation to the establishment of an impartial justice system. A long-standing dispute festers in the north over how to share power in Kirkuk between Arabs, Kurds and Turkmen, an ominous harbinger for power struggles that may ensue in a post-America Iraq. A recent deal between Exxon Mobil and the Kurdistan government has been deemed illegal by Baghdad in the absence of procedures for sharing the country’s oil resources.

“We are in a standstill and things are paralyzed,” said Adel Abdul Mahdi, a prominent Shiite politician and former vice president of Iraq, describing the process of political reconciliation between Iraq’s three main factions, Sunnis, Shiites and Kurds. “We are going from bad to worse.”

After 9 years and a few trillion dollars, you would hope something was resolved.

Pew Research released the results of an extensive survey of US voters.  There’s a lot of support for Occupy–although not their protests–and a lot of dislike of Congress.  Some of the results should trouble both parties but especially Republicans.

Public discontent with Congress has reached record levels, and the implications for incumbents in next year’s elections could be stark. Two-in-three voters say most members of Congress should be voted out of office in 2012 – the highest on record. And the number who say their own member should be replaced matches the all-time high recorded in 2010, when fully 58 members of Congress lost reelection bids – the most in any election since 1948.

The Republican Party is taking more of the blame than the Democrats for a do-nothing Congress. A record-high 50% say that the current Congress has accomplished less than other recent Congresses, and by nearly two-to-one (40% to 23%) more blame Republican leaders than Democratic leaders for this. By wide margins, the GOP is seen as the party that is more extreme in its positions, less willing to work with the other side to get things done, and less honest and ethical in the way it governs. And for the first time in over two years, the Democratic Party has gained the edge as the party better able to manage the federal government.

Christine Lagarde of the IMF is liking the current Eurozone crisis to the 1930s.

Lagarde said that if countries don’t work together, the world will face a situation similar to the 1930s, before the world slid into World War II.

“There is no economy in the world, whether low-income countries, emerging markets, middle-income countries or super- advanced economies that will be immune to the crisis that we see not only unfolding, but escalating at a point where everybody would actually have to focus on what it can do,” Lagarde said.

If the international community doesn’t work together, “the risk from an economic point of view is that of retraction, rising protectionism, isolation,” Lagarde said. “This is exactly the description of what happened in the ‘30s and what followed is not something we are looking forward to.”

Lagarde said the world economic outlook “is quite gloomy” with pervasive downside risk, downward revisions, slower growth than expected, higher deficits than predicted and public finances in shaky condition. “And that is pretty much true the world over,” Lagarde said.

The one exception, she said, is emerging markets and the Asian economies most badly hit during the 1990s economic crisis. They, too, will have to help manage the current crisis if the world is to weather the risk, she said. Leadership has to rest with Europe, she said.

EmptyWheel is keeping track of the battle over subjecting US citizens to indefinite detention and violations of due process.

Kudos to Dianne Feinstein for trying to eliminate the President’s ability to indefinitely detain (and kill?) American citizens. This time, she’s trying a free-standing bill titled the Due Process Guarantee Act of 2011. It says,

(1) An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.

(2) Paragraph (1) applies to an authorization to use military force, a declaration of war, or any similar authority enacted before, on, or after the date of the enactment of the Due Process Guarantee Act of 2011.

The language seems sound enough to me. And given that this wouldn’t constrain the President’s ability to detain (or kill) Americans in Yemen, the Obama Administration might not put up as big of a fight as it did with the detainee provisions (though I suspect they would fight it, because of all the other things that rely on detention language–they’d have to rewrite a bunch of OLC memos).

So, those are the things that caught my eye today.  What’s on your reading and blogging list today?