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Special Issue: the Collapse of America Paul Craig Roberts gives CounterPunchers the definitive data on what is happening to jobs in America. Not just blue collar jobs. Middle-class, white collar jobs. Roberts' stunning probe is the first true picture of what the U.S. economy is fast becoming and of the savage class wars that lie ahead. Plus Mike Ferner on what it really means to investigate war crimes in Iraq. CounterPunch Online is read by millions of viewers each month! But remember, we are funded solely by the subscribers to the print edition of CounterPunch. Please support this website by buying a subscription to our newsletter, which contains fresh material you won't find anywhere else, or by making a donation for the online edition. Remember contributions are tax-deductible. Click here to make a donation. If you find our site useful please: Subscribe Now! |
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Today's Stories August 8, 2006 Tim Llewellyn August 7, 2006 Uri Avnery Karim Makdisi Nadia Hijab Sharon Smith Magan Wiles George Beres Rachard Itani Norman Solomon Stan Cox Mickey Z. Jonathan Cook Website of
the Day
August 5 / 6, 2006 Virginia Tilley Uri Avnery Patrick Cockburn Sgt. Martin Smith Gary Leupp Neve Gordon Ralph Nader Peter Bouckaert Peter Montague David Krieger Michael Donnelly Fred Gardner Catherine Norris Imraan Siddiqi Missy Comley
Beattie Ira Kay Dave Lindorff Pratyush Chandra Ron Jacobs St. Clair / Donnelly Poets' Basement Website of the Day Video of the
Weekend
August 4, 2006 Ralph Nader Brian Cloughley Eliza Ernshire Roger Assaf George Bisharat Remi Kanazi Laura Carlsen Niranjan Ramakrishnan Derrick O'Keefe Mickey Z. Col. Dan Smith Website of the Day
Jonathan Cook Uri Avnery Saree Makdisi Robert Fisk Farrah Hassen Nicola Nasser Ron Jacobs Mitchel Cohen Seth Sandronsky Bruce K. Gagnon Alexander Cockburn
John Ross Chip Mitchell Saul Landau Naseer Aruri Winslow T.
Wheeler Matthias Gebauer Joshua Frank Bill Quigley Manuel Yang Shamai Leibowitz David Himmelstein Lara Marlowe Website of
the Day
August 1, 2006 Michael Neumann Robert Fisk Omar Barghouti Marc Levy Diana Barahona / Jeb Sprague Claud Cockburn Ross Eisenbrey Dave Lindorff John Chuckman Francis Boyle Phil Doe Stephen Soldz Website of the Day
July 31, 2006 Jonathan Cook Uri Avnery Robert Fisk Amina Mire Marjorie Cohn Sibel Edmonds / William Weaver John Ross Stanley Rogouski Gideon Levy Ron Jacobs James Ridgeway
/ Alicia Ng Brian Tokar Alexander Cockburn
July 29 / 30,
2006 Michael Neuman Vijay Prashad Ramzi Kysia Werther Robert Fisk Patrick Cockburn Ralph Nader Rachard Itani Eduardo Galeano Gary Leupp Eve Poretsky John Chuckman Fred Gardner Juan Santos Punyapriya Dasgupta Liaquat Ali
Khan Israel Shamir William A.
Cook Stanley Heller Dave Lindorff Moshe Adler Susie Day Pat Williams Anthony Papa John V. Whitbeck Jackie Corr Myles Palmer Tom D'Antoni Poets' Basement Website of
the Weekend
July 28, 2006 Jonathan Cook Uri Avnery Renee Bowyer Robert Fisk Patrick Cockburn Ramzy Baroud Don Fitz Elaine Cassel David Price Mike Whitney Mickey Z. Niranjan Ramakrishnan Charles Glass Website of
the Day
July 27, 2006 Tanya Reinhart Saul Landau Ramzi Kysia Tom Barry Joseph Grosso Sharon Smith Gale Courey
Toensing Christopher Reed Werther Yusuf Mansur Richard Harth Website of the Day
Norman
Solomon Barbara
Olshanksy David
Nally Jonathan
Cook Patrick
Cockburn William
Blum Joshua
Frank Gabriel
Kolko Daniel
Cassidy Michael
Dickinson Robert
Fisk Uri
Avnery Website
of the Day
July 25, 2006 Harry
Browne Marjorie
Cohn Robert
Bryce Sharat
G. Lin George
Bisharat CounterPunch
News Desk Zena
El-Khalil Larry
Lack Mike
Mejia Ashraf
Isma'il Website
of the Day
July 24, 2006 Mark
Levy Robert
Fisk Maher
Osseiran Paul
Craig Roberts Patrick
Cockburn Website
of the Day
July 22-23, 2006 Jonathan
Cook Paul
Craig Roberts Gilad
Atzmon Robert
Fisk Ralph
Nader Fred
Gardner Christopher
Reed Dr.
Susan Block Najla
Said Uri
Avnery July 21, 2006 George
Galloway P.
Sainath Aseem
Shrivastava Alexander
Cockburn Website
of the Day July 20, 2006 William
S. Lind Robert
Jensen John
Ross Tom
Hayden Paul
Craig Roberts July 19, 2006 Patrick
Cockburn Trish
Schuh Jonathan
Cook Vicente
Navarro July 17 / 18 2006 Mike
Whitney Kathleen Christison Atrocities in the Promised Land
July 14 / 15,
2006 Alexander Cockburn Tanya Reinhart Robert Fisk Daniel Cassidy Winslow Wheeler Hugh O'Shaughnessy M. Shahid Alam William S. Lind Ramzy Baroud Gilad Atzmon Elizabeth Weill-Greenberg Samar Assad Ron Jacobs Lee Ballinger Walter Brasch Dave Lindorff Clifton Ross Tom Crumpacker Ricardo Alarcon William Hughes Susie Day Farrah Hassen Poets' Basement
July 13, 2006 Rev. William
Alberts Ramzi Kysia Rep. John P. Murtha Radford / Santos Stan Cox Saul Landau José
Pertierra Website of
the Day
July 12, 2006 John Ross John Stauber Robert Boston Wayne S. Smith John Graham Kevin Prosen Jonathan Cook Website of
the Day
July 11, 2006 Dave Lindorff Dave Zirin Mokhiber / Weissman Amira Hass Clare Hanrahan Brian Cloughey Felice Pace Raed Jarrar Website of the Day
July 10, 2006 Paul Craig
Roberts Uri Avnery Roger Burbach Ron Jacobs Joshua Frank Missy Comley Beattie Alexander Cockburn
Stephen Green Paul Craig
Roberts Greg Moses Ralph Nader Laura Carlsen Conn Hallinan John Chuckman Fred Gardner Dr. Tod Mikuriya Pierre Tristam Lucinda Marshall David Swanson Heather Gray Dave Zirin
/ John Cox Mark Engler Michael Lettieri Ron Jacobs Jamal Juma' Jeffrey St. Clair Poets' Basement
July 7, 2006 John Ross July 6, 2006 Nick Dearden John Stanton Ralph Nader Laray Polk Saul Landau Joshua Frank William S. Lind Adelman / Lindorff Jonathan Cook Website of
the Day
Mike Whitney Saul Landau Ramzy Baroud Missy Comley Beattie Arthur Neslen Vincent Maruffi Paul Cantor Paul D. Johnson David Price
Col. Dan Smith Chris Floyd Marjorie Cohn James Brooks Medea Benjamin Matt Reichel Elisa Salasin Rick Wilhelm Paul Craig
Roberts Website of the Day
July 3, 2006 Robert Bryce Dr. Bouthaina Shaban Julia Olmstead Dave Lindorff Andres Gomez Alan Singer Alexander Cockburn
Paul Craig
Roberts Stephen T.
Banko Daniel Cassidy Fawzia Afzal-Khan Jeff Taylor John Ross Greg Moses Laura Carlsen Justin E.H.
Smith Brian Cloughley Anthony Papa Mike Ferner Jerry Tucker Jane Goodall / Rick Asselta Phyllis Pollack Poets' Basement
June 30, 2006 Marjorie Cohn Heather Williams Burbach / Cantor Nick Dearden Michael J.
Smith Brian Concannon Virginia Tilley
Bill Quigley Ron Jacobs Paul Craig
Roberts June 28, 2006 Jorge Mariscal Greg Moses Mark Weisbrot Ramzy Baroud Dave Lindorff William S.
Lind Mike Ferner Zoltan Grossman
Marjorie Cohn Benjamin /
Jarrar William Hughes Doug Giebel Uri Avnery Alexander Cockburn
June 26, 2006 Don Santina Ralph Nader Dave Lindorff Rafael Rodriguez-Cruz Evelyn Pringle Jonathan Cook
June 23, 2006 Youmans / Erakat Dave Lindorff Ron Jacobs Col. Dan Smith
June 22, 2006 Marjorie Cohn Winslow T.
Wheeler Tanya Reinhart Mike Marqusee William Blum
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August 8, 2006 A Deterrent to Democracy?The Malleable US ConstitutionBy JOAN ROELOFS The US Constitution, supposedly born in a democratic struggle against empire, can be manipulated to serve plutocracy and imperialism. Its many silences and ambiguities enable today's shocking domestic and international politics. This is not to deny that it was a great achievement, provided one accepts the premises that 1) a strong national state was desirable, rather than a continuation of the confederacy or an even looser format; 2) the basis for a national (export) economy would be slavery; and 3) territorial expansion was a legitimate and important goal of the new union (whether or not the indigenous or settler inhabitants consented to be incorporated). Two aspects were remarkable. First, a workable constitution was quickly created. Today, many groups are still debating mission statements and by-laws years after their organizations have ceased to exist. Second, it was an expression of the Enlightenment belief that institutions could be created by humans to serve human needs. Nowadays, despite our formally well-educated population, enlightened attitudes are in recession. Most believe that we cannot alter the capitalist economic system that God has bestowed upon us, or the marriage/family system that all history has proven to be "the best thing," despite the dysfunctionality of these institutions. Furthermore, the framers knew that the constitution was an experiment. They expected it to be frequently amended and regularly replaced, unlike the Ten Commandments carved in stone. Nevertheless, a population that mostly wouldn't deign to use a 5 year old VCR (do normal people still use VCRs?) considers our constitution sacrosanct, the eternal expression of perfect political technology. What are some of these silences and ambiguities that are of particular contemporary relevance? 1. Can states withdraw? Whether a state that has joined the union may withdraw has not been answered definitively. Some would say that the Civil War resolved that matter, but only for those who believe that might makes right. The spirit of contract law, which hovered over our nation's creation, suggests that parties may opt out. Perhaps a penalty would be assessed, e.g., a state may have to return HUD grants, buy the post offices, and forego the missile shield. We tend to think that the South was wrong on the withdrawal issue because we regard slavery as an abomination. However, what about Vermont, where a secession movement is now brewing for quite different reasons? 2. Who or what is to enforce the Constitution? The Constitution doesn't specify which institution is to interpret and enforce it. The Supreme Court soon asserted that it was the one, and across time immemorial (not a Enlightenment approach for conferring legitimacy) most have assented. Paradoxically, the proclamation of this enormous power was a by-product in a case (Marbury v. Madison) where the Court ruled that Congress couldn't legislate an itty-bitty extra power for the Court (a writ of mandamus) because it wasn't written in the Constitution. Court decisions following politics rather than logic were as common in Chief Justice John Marshall's day as they are in ours; there was no golden age. People often ignore the contradictions and forced interpretations because they like the result, but when the outcome offends they bewail decisions that are just as political. Those who argue that the Supreme
Court should be the sole interpreter are faced with several problems.
Executive or legislative actions, however questionable, don't
come before the Court unless they evolve from a criminal or civil
law case. Although many are concocted for the purpose, some are
difficult to shove into this mold. Those involving The requirements of "standing" (right to initiate a case), jurisdiction, pertinence, etc., prevent issues from getting into or very far in the system. Thus, when a conservative Republican Congressperson tried to challenge Clinton's war on Yugoslavia, on the grounds that Congress had denied a declaration of war, the U S Circuit Court said there was no case, because, among other reasons, Clinton didn't usurp Congressional power to declare war, he just made war (Campbell v. Clinton). It is important for captured persons to obtain Constitutional rights to due process, but when the whole war is illegal, the Court is not much help. Indeed, all wars (and threats of war) are illegal according to the United Nations Charter, a treaty ratified by the US. Yet the US Constitution still provides for war to be declared, although it is a formality rarely observed. When Congress or the President assert a right to interpret the Constitution, they have a leg to stand on; the Supreme Court is also self-selected. States also have a reasonable claim, especially since the Supreme Court is the institution with the fewest connections to citizens or localities. 3. What powers does the President have? Does "executive power" include the prerogative? Several powers granted in Article II imply that he/she is to be an elected king/queen, and Congress has lavishly support the additional balls and palace establishment. Kings and queens in the bad old world enjoyed a prerogative-the right to take any action (when they decided there was an urgent necessity) without prior legislation or consent of the legislative branch. Presidents have often done just that (notably Lincoln), even though there is a constitutional provision for them to convene Congress on extraordinary occasions, and Congress has always been willing and able. Presidents have administrative duties in foreign affairs, but are they to decide foreign policy? There is no such grant, and it would seem that policy-making is entirely a legislative function. Many in Congress deemed George Washington's Neutrality Proclamation a usurpation, yet thereafter presidential foreign policy making was rarely challenged. Presidents have used their ceremonial function of "receiving ambassadors" to deny recognition to de facto governments, which are considered legitimate by international law. Now covert action facilitates presidential control over foreign policy, often for activities that violate the UN Charter and our laws. It is reasonable to assume that Congress has ceded its power because it doesn't want to know what the US is doing. The role of Commander in chief
is modeled after that of the old kings (and George Washington)
and presumably permits a president to lead a charge up San Juan
Hill. But does it allow the Pres to make war; invade; bomb; or
arm contras in Algeria, Afghanistan, Kosovo, Nicaragua, etc.,
if Congress has not declared war? Our courts usually dismiss
attempts to resolve such questions. 4 How does one become a candidate and get elected? Some demographic requirements are imposed on aspiring officeholders, but the Constitution does not say how one becomes a candidate, or what are fair ways to contest elections (originally decided by popular vote for House of Representatives, state legislatures for Senate, and electoral college for President and Vice-President). These are crucial matters if democracy is to be a reality. The old-boy network, well stocked with Freemasons and self-selected eminences, had been the recruiting ground for national politicians and constitution-writers up to that time. According to Aristotle, the ancient Greek political experience showed that elections favor rich and elegant types, including those able to buy instruction in spin. Democracy required selection by lot, whereby all citizens had an equal chance of serving in any office. Our Constitution-drafters were well versed in Greek political history, yet left the elite system intact. They also incorporated the states' definitions of political rights. As in the great Athenian "democracy," women were ineligible for office, but here, the native tribes were also excluded; in Athens, only natives could be citizens. Slaves and free blacks were also omitted from the concept: "all men are created equal." For a while, political parties provided some democratizing of both the selection and election processes, enabling low status white males to become representatives. Now, most candidates (except some wealthy self-financed ones) are sponsored by a combination of corporate, union, interest group, local business, and small amounts of political party funds. You can read the details for everyone, including unsuccessful candidates and minor parties, on www.opensecrets.org That's who gets represented, and there is nothing unconstitutional about it.
This was never clear cut, although the understanding was that the federal government would have only enumerated powers and the states would have the rest, unless prohibited. That meant that states would decide on their own civil right and liberties, including voting rights; education; health; welfare; safety; morals; religion; slavery; and business, labor, agricultural, and environmental regulation. The national government often oozed out of its enumerated powers, and the federal interstate commerce power led to many boundary disputes. Amendments, especially the 14th, created a potential democratization of our system, but also ambiguity, which was used to the hilt by elites to prevent state regulation of business and labor. Even today, one can make a reasonable case that the "due process clause" doesn't give the national government control over abortion law or school prayers. The matter of rights is a large one, and will be discussed in a future dispatch. Because of its silences and ambiguities, the Constitution can be twisted by the powerful to serve their purposes. In addition, it can be completely ignored, as there is no compulsory enforcement. What will fix it? A radical reconstruction might help. It could not even begin unless there is a massive citizen education project, starting in kindergarten. How about creating a democracy (here) as a goal for the United States? That could be a focus of education, state and local government, and even reality shows. Perhaps some day democracy would trickle or spurt up, or maybe the Vermont project is the best recourse. Joan Roelofs is a professor emerita of political
science in Keene, NH. More information on this subject may be
found in her Foundations
and Public Policy: the Mask of Pluralism. Other books are
Greening
Cities: Building Just and Sustainable Communities, and
a just-published translation of Victor Considerant's Principes du socialisme: Manifeste de la démocratie
au XIX siècle. Email: joan.roelofs@verizon.net
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from CounterPunch Books! The Case Against Israel By Michael Neumann  Grand Theft Pentagon: Tales of Greed and Profiteering in the War on Terror by Jeffrey St. Clair          Sick of sit-on-the-Fence speakers, tongue-tied and timid? CounterPunch Editors Alexander Cockburn and Jeffrey St Clair are available to speak forcefully on ALL the burning issues, as are other CounterPunchers seasoned in stump oratory. Call CounterPunch Speakers Bureau, 1-800-840-3683. Or email beckyg@counterpunch.org.                    |
