Category Archives: biden

What is a Joe Manchin?

Yeah. I know. An easy one, right?

A Joe Manchin is a United States Senator. Represents the great state of West Virginia. One of two senators representing about 1.8 million people. Claims to be a member of the Democratic party. Loves the spotlight. Is a royal pain in the butt.

Whose butt? Mine for one. I didn’t vote for Manchin. I did vote for Joe Biden. Remember him? He’s the one who ran for president. Got 81 million votes. Won the election. Has promised a wide range of popular reforms on taxation and spending designed to rebuild our aging infrastructure. Prepare us for the competitive world we face. Care for those who have not benefited from the great growth of the American economy in the last century. Narrow, at least a little, the gap between those who have done very, very, very well (and pay little or nothing in taxes) and those who could use a little help.

But we are unlikely to get any of these things, because Joe Manchin doesn’t want us to. In the United States Senate, 1.8 million people outvote 81 million. Or put another way, 41 votes beats 59. That’s because Joe M. believes in the filibuster come hell or high water. The high water will be arriving soon because new laws to help protect us from climate change can’t get 60 votes in the Senate. That’s what the filibuster rule requires and that makes the United States Senate about the least democratic institution in any modern democracy.

Just remember, the filibuster has nothing to do with the Constitution. The framers did not think it up. They clearly believed 51 votes out of 100 should be sufficient to pass new laws through the Senate. If anything the filibuster was a mistake written into the Senate rules controlling debate. The rule went unnoticed until segregationists hit upon it as a way to create a deadlock and prevent anti-discrimination laws from being voted on. That is the great tradition Joe Manchin is upholding.

Of course he’s not the only one. But he is one of two or three Democrats willing to torpedo the entire Democratic platform for…. Actually, I’m not sure what for.

Manchin says he has a strong belief that no legislation should pass unless it is bipartisan. I’ve written before about the days when Everett Dirksen and Lyndon Johnson could get together over a bottle and do some horse trading resulting in compromise legislation. But those days are long gone.

Mitch McConnell, the current Republican leader in the Senate, has dug in his heels on voting reform while Republicans across the country are passing law after law designed to suppress Democratic votes in future elections. McConnell also says revisiting the huge two trillion dollar 2017 Trump tax cuts for the rich and for big business is out of the question, and Democratic plans for increased infrastructure spending and social programs are not going to be paid for with tax increases as long as he has his 41 votes.

Meanwhile the turtle from Kentucky is warning that if Republicans regain control of the Senate in 2022 he’ll keep Joe Biden from appointing anyone to the Supreme Court. Probably from appointing anyone to any other court as well. McConnell is sent to Washington by a state with only about four and half million voters. Still he gets to tell Democratic presidents to go to hell any time he wants. Go figure.

Meanwhile Manchin won’t remove the filibuster to pass the voting rights law, the “For the People Act,” without Republican support. And Manchin won’t support use of the so-called “reconciliation” process to side step that blockade on Democrat’s tax and spending proposals, even though the Republicans used that process to pass the 2017 tax cuts.

There is really nothing one can do to solve the Manchin problem in the near term. The only solution for Democrats is to overcome the odds and win more Senate seats in 2022. A Democratic majority not counting Manchin, or the frequently unpredictable and always strange Krysten Sinema of Arizona, would render those two nominally Democratic senators irrelevant. That’s the title both so richly deserve.

At least good old Joe is keeping the political cartoonists busy:

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Ban the Damn Guns

America today is suffering a plague of gun violence.

It wasn’t always this way. Americans used to own guns without engaging in daily massacres. As a Chicago native, I learned as a child about the infamous St. Valentine’s Day Massacre of 1929, when members of one Chicago gang set up and killed seven members of a rival gang. It was so shocking it led to legislation that prohibited automatic weapons in the U.S.

That ban was extended with restrictions on “semiautomatic assault weapons,” as well as magazines that met the criteria for what it defined as a “large capacity ammunition feeding device,” in 1989 after 34 children and a teacher were shot and five children killed in Stockton, California with a semi-automatic Kalashnikov rifle. A pull of the trigger is required for each shot of a semi-automatic. An automatic fires continuously.

The Federal Assault Weapons ban went into effect in 1994 after a 52-48 vote in the Senate. President Bill Clinton signed it into law the same day. But times have changed. The ban expired after ten years and attempts to renew it have repeatedly failed. In 2018, another Valentine’s Day shooting, this one at Marjory Stoneman Douglas High School in Parkland, Florida, killed 17 children and wounded 17 others. This time, then-President Donald Trump called for arming teachers, and the Republican-dominated Florida legislature rejected a bill that would have limited some high-capacity guns.

Fast forward to today. Our acceptance of violence npw stands in striking contrast to Americans’ horror at the 1929 Valentine’s Day Massacre. I’ve done the legal arguments before, most notably here in a column which includes Chief Justice Warren Berger’s declaration that the conservative reading of the Second Amendment is a “fraud.”

I won’t repeat those arguments. What I do want to do is call your attention to the latest judicial idiocy, California has had its own ban in assault weapons for thirty years. Six other states plus the District of Columbia have similar bans. You would think even if the Second Amendment restricts the Federal government on gun control, language putting the right to bear arms in the context of a “well-regulated militia” would allow the states, which at the time the Bill of Rights was written controlled the militia, to pass reasonable legislation to regulate firearms.

U.S. District Judge Roger Benitez of the United States District Court for the Southern District of California now says he knows better than Berger and the state of California. He must figure the words “well-regulated” and “militia” were just thrown in because the Framers had some extra ink they wanted to use up. In a 94-page opinion Benitez declared unconstitutional the California statute. Benitez, appointed to the bench by President George W. Bush, comes out swinging with his opening paragraph:

Like the Swiss Army Knife, the popular AR-15 rifle is a perfect combination of home defense weapon and homeland defense equipment. Good for both home and battle, the AR-15 is the kind of versatile gun that lies at the intersection of the kinds of firearms protected under District of Columbia v. Heller, 554 U.S. 570 (2008) and United States v Miller, 307 U.S. 174 (1939). Yet, the State of California makes it a crime to have an AR 15 type rifle. Therefore, this Court declares the California statutes to be unconstitutional.

Miller v Bonta, 19-cv-1537-BEN (JLB)

The Law and Crime blog has a detailed set of quotes from the decision. I’ll dwell on just a few. Judge Benitez writes, “The assault weapons ban has had no effect. California’s experiment is a failure.” This conclusion follows an analysis that claims the rate at which assault weapons were used in mass killings in California during the years the weapons ban has been in effect has not changed. Benitez also writes that mass killings are “rare events.” He also states, “A Californian is three times more likely to be murdered by an attacker’s bare hands, fists, or feet, than by his rifle.”

The New York Times ran a partial list of recent mass shootings in the United States.

Politifact earlier this year found that 10 of 11 mass shootings were done with AR-15 weapons. Newsweek says they were used in 26 of the last 80 mass shootings. As to his other conclusion, I have to wonder if he’d like to stand up for a duel. He gets the Swiss Army knife while his challenger gets the AR-15.

The hypocrisy of the conservatives is clearly on display here. If it is the place of judges only to “say what the law is,” Marbury v. Madison, 5 U.S. 137 (1803), Judge Benitez’s judgments on failure and the frequency of events is way out of the base path. If you believe in a state’s right to regulate its own militia, Benitez is also out of bounds.

Voters generally support an assault weapons ban. They support a large magazine ban. They support enhanced background checks. They support closing the gun show loophole. They might support amending the Second Amendment itself to clear up the poor punctuation that the gun lobby and their supporters in Congress and on the bench have used in the last few decades to prevent reasonable regulation. The United States has many more deaths by guns than other western developed countries. The United States has the weakest gun control laws in that group.

Do the math.

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A Breath of Fresh Air

It some ways it was certainly unusual. But mostly its normalcy made it a breath of fresh air. For more than an hour President Joe Biden delivered a report to Congress, the nation, and the world on the state of the state one hundred days into his administration. He laid out the achievements already accomplished, the programs now under way, and the proposals he is sending to Congress for enactment into law.

One way the speech was unusual was that there were two women behind the president. Presiding over the joint session of Congress were Vice-President Kamala Harris, who is President of the Senate, and Nancy Pelosi, the Speaker of the House of Representatives. That was a historic first. Another way was that the chamber, which normally holds 1,600 people for these events, was limited to 200 by pandemic protocols. The audience members were socially distanced and most were masked.

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Infrastructure for the 21st century

I long for the days when I could have a rational discussion with someone I disagree on the serious issues of the day without that person spouting a stream of totally unsubstantiated falsehoods. In other words lies. I’m pointing my finger at you, Republicans, almost without exception.

Discussions with Democrats are also often frustrating. But that is because the Democrats include a wide range of differing views and the disagreements are generally over strategy. I’m thinking of you Joe Manchin. Not over the role of government in attempting to solve problems or denying that problems even exist. And Democrats are not inclined to interrupt a serious discussion with a rude critique of your mother’s footwear. I still remember being told, “Your mother wears army boots.” I was on the first grade playground at recess at the time.

Republicans will call you every name in the book at the drop of a hat. They will insult your relatives, living and dead. And charge you with a wide variety of crimes without the slightest bit of evidence. They also live in an alternate universe where up is down, down is up, and things you can see right before your own eyes are somehow not true. They revere the framers who wrote our Constitution, except when they ignore it.

Republican hypocrisy knows no bounds:

  • Senate rules are sacrosanct unless they need to be broken to thwart a Democratic proposal.
  • Deficits are bad but only if there is a Democrat in the White House.
  • The purpose of the federal government is to “provide for the common defense,” quoting the magnificent preamble to our Constitution, ignoring the fact that the phrase is part of a list and imminently following are the words, “promote the general welfare.”
  • Infrastructure means roads. That’s it. Roads.

Let’s put the debt debate aside for now except for to state that the evidence is clear, economics is an art, not a science. We really don’t understand what it is going on. Starting with Ronald Reagan, Republican, yes, Republican presidents have greatly increased the national debt by cutting taxes and increasing defense spending. Yet the inflation that was predicted by my college economics teacher (we used Paul Samuelson’s Principles of Economics) did not really appear. Go figure. For more right now I refer you to a great piece by John Oliver.

What this means is, while we should be watchful, and Fed Chairman Jerome Powell seems to be, we do not have to be afraid of some Covid related economic stimulus. Republicans opposed the latest round of Covid economic payments even when Donald Trump asked for them. We also do not need to be afraid of a big infrastructure program. The Republicans are outraged at the infrastructure program, arguing that it will increase the debt and complaining that Democrats are extending the traditional definition of infrastructure.

Republicans don’t seem to have a problem with repairing the nation’s highways and bridges. Republican Dwight Eisenhower signed the legislation that created the Interstate Highway System in 1956 after all. But Republicans like highways that connect towns in rural America. Transportation projects that benefit urban areas do not get their approval. I take the New Jersey Transit train under the Hudson to Manhattan and always wonder if the crumbling tunnel, built in 1910, is going to cave in on the 200,000 people who use it every day. In 2012 the tunnel was inundated with millions of gallons of salt water during Super Storm Sandy. The water left behind corrosive chlorides, which continue to damage the already aged concrete and wiring. A Republican New Jersey Governor, Chris Christie, and a Republican President, Donald Trump, each killed a project to build a replacement.

But where the Republicans most throw up the roadblocks is where it comes to infrastructure they claim is outside of the “traditional” definition of the word. I disagree. But I also don’t care. We do not live in a stagnant word. We can be respectful of our traditions but should not be afraid to change them for the public good.

So I am on board with what some analysts are calling “Social Infrastructure”:

Social infrastructure can be broadly defined as the construction and maintenance of facilities that support social services. Types of social infrastructure include healthcare (hospitals), education (schools and universities), public facilities (community housing and prisons) and transportation (railways and roads).

Aberdeen Standard Investments

I do not understand why people cannot see that the nation depends on the health of its people, and the safety, and quality of its schools. We also need a 21st century power grid and high-speed rail would be nice. Child care for working parents is an economic necessity. In an information driven society, broadband connections for the entire population are essential. Faced with tremendous world-wide competition education, research and development are all that stands between America and second-class status.

The public seems to understand this even if the Republicans do not. A Quinnipiac University National Poll finds the Infrastructure Plan is popular with the public:


Q46 Do you support or oppose President Biden’s $2 trillion infrastructure plan?

—–

Support

Oppose

DK/NA

Total

44%

38

19

Republicans

14%

71

14

Democrats

81%

5

15


And even more popular if corporate taxes fund it as President Biden has proposed:

Q47 As you may know, President Biden has proposed funding his infrastructure plan by raising taxes on corporations. If it was funded by raising taxes on corporations, would you support or oppose President Biden’s $2 trillion infrastructure plan?

—–

Support

Oppose

DK/NA

Total

53%

39

9

Republicans

22%

70

8

Democrats

92%

6

2

Last but not least, expenditures on infrastructure, traditional and 21st century alike, have a large multiplier factor. Put simply, they pay off many times over. The benefits spread throughout the economy. The Eisenhower creation of the Interstate Highway System is credited with creating the long post-war expansion of the American economy. Studies show tax cuts for rich people and fiscal policies which benefit Wall Street do not have this positive effect. The proposed infrastructure projects should be seen as an investment in America’s future.

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Biden Meets the Press

For weeks the right-wing bobble heads on cable complained that President Joe Biden had not yet held a news conference. As if he didn’t have a few other things on his plate as he worked to clean up the mess his predecessor had left behind. This week he did face the press in a formal setting and, of course, the bobble heads complained about his performance.

I’m old enough to remember when reporters asked presidents questions and filed stories based on the answers they received. Today reporters ask questions and the stories are made up of the opinions of people I have never heard of speaking with great authority about things which have nothing to do with the answers.

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Joe Biden’s Day

There is much to say about all the players who participated in the Inauguration of Joseph R. Biden as the 46th President of the United States. But we’ll save that for another day. For this was Joe Biden’s Day. And I want to let him speak in his own words.

“This is America’s day,” Biden said. “This is democracy’s day.” What struck me first and foremost was how normal it all seemed. A new President. A new administration. Words meant to soothe a bruised nation. Words meant to call us to arms to face the challenges ahead. And above all, words not about him, but words about us.

Today, we celebrate the triumph not of a candidate, but of a cause, the cause of democracy. The people, the will of the people, has been heard and the will of the people has been heeded. We’ve learned again that democracy is precious. Democracy is fragile. At this hour, my friends, democracy has prevailed.

After four plus years of having every White House utterance a statement of, by, and for Donald Trump, this was a breath of fresh air. Coming two weeks to the day when a mob of insurrectionists stormed the very same platform in front of the Capitol in an attempt to nullify the voters will this was remarkable.

From now, on this hallowed ground, where just a few days ago, violence sought to shake the Capitol’s very foundation, we come together as one nation, under God, indivisible, to carry out the peaceful transfer of power, as we have for more than two centuries.

Biden pulled no punches in listing the challenges; the Covid pandemic, the climate crisis, political extremism, white supremacy and domestic terrorism. And then he hit his main theme, a call for unity.

I know speaking of unity can sound to some like a foolish fantasy these days. I know the forces that divide us are deep and they are real, but I also know they are not new. Our history has been a constant struggle between the American ideal that we’re all created equal and the harsh, ugly reality that racism, nativism, fear, demonization have long torn us apart. The battle is perennial and victory is never assured.

This is our historic moment of crisis and challenge. And unity is the path forward. And we must meet this moment as the United States of America. If we do that, I guarantee you we will not fail. We have never, ever, ever, ever failed in America when we’ve acted together.

As I read those words it is tough to keep the cynic in me down. So many times we have heard these calls for unity and cooperation only to see the hopes dashed on the rocks of bipartisanship. But this is Biden’s Day so let’s give him his due and hope he can pull it off.

We must end this uncivil war that pits red against blue, rural vs. urban, conservative vs. liberal. We can do this if we open our souls instead of hardening our hearts. If we show a little tolerance and humility, and if we’re willing to stand in the other person’s shoes, as my mom would say, just for a moment, stand in their shoes. Because here’s the thing about life: There’s no accounting for what fate will deal you. Some days when you need a hand. There are other days when we’re called to lend a hand. That’s how it has to be. That’s what we do for one another. And if we are this way, our country will be stronger, more prosperous, more ready for the future. And we can still disagree.

I hope the naysayers and obstructionists will take heed and just give it a try. Bipartisanship does not mean you get your way. It means you compromise. You horse-trade. You win some and lose some. But you move forward and get things done. For decades we have for the most part failed to do this. If anyone can get us moving again, it will be Joe Biden, a man of faith, a man with empathy for others, a man who sees the difference between the truth and the lies, a man who has been in the Senate and worked with representatives of both parties for longer than most of us have been alive.

Folks, this is a time of testing. We face an attack on our democracy and on truth, a raging virus, growing inequity, the sting of systemic racism, a climate in crisis, America’s role in the world. Any one of these will be enough to challenge us in profound ways. But the fact is, we face them all at once, presenting this nation with one of the gravest responsibilities we’ve had. Now we’re going to be tested. Are we going to step up? All of us? It’s time for boldness, for there is so much to do. And this is certain, I promise you: We will be judged, you and I, by how we resolve these cascading crises of our era.

Now we all face the test. How will we respond to Biden’s call?

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Twice Impeached

Another record for the man who is everything. Donald Trump is now the only person to have been impeached twice by the House of Representatives. Whether or not he is found guilty when tried by the Senate, he also has the distinction of being a president of the United States accused by a bipartisan coalition. Ten Republican House members voted to impeach the titular head of their party. Four others abstained from the vote.

It is not difficult to see why. The impeachment came one week after a violent mob, encouraged by Trump, came to Washington and attacked Congress in an attempt to keep it from counting the certified election results sent in by all fifty states and the District of Columbia. Trump, leader of the executive branch of government, was demanding the mob stop the legislative branch from performing its constitutional and statutory function and instead disenfranchise millions of voters and install Trump as a literal dictator.

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