American Federalism Eclipsed by an Ideal of Democracy: Education Over Immigration as a Constitutional Problem

The U.S. Constitution includes immigration as one of the listed (i.e., enumerated) powers of the federal government. Education is not such a power; hence it resides with the States. Historically, the accumulation of power by the federal government has involved taking areas from the States even though those areas are not listed as federal powers. As a result, American federalism has shifted increasingly toward a consolidation of power at the federal level. Among other means, Congresses and U.S. presidents have used the power of the purse to gain control from the States. Education is a case in point, whether elementary, secondary, or higher education. That the U.S. Government has had trouble controlling the country's southern border with Mexico suggests that maybe adding education has come at the expense of the added attention and effort that could have been put on immigration. In business terms, an opportunity cost (i.e., the cost of foregone benefits) comes with each additional federalized area. U.S. President Obama on education presents us with a case in point. 

The full essay is at "Federalism Eclipsed by Consolidation."

E.U. and U.S. Counterparts Met: A Basis for Comparison

President Barak Obama of the U.S., and Herman Van Rompuy and José Barroso of the E.U. held a news conference following the EU-US Summit at Lisbon in 2010. Even though the E.U. and U.S. are both empire-scale federal unions of states, and thus are equivalent in terms of political type or genre, they differ in terms of how their respective federal offices are arranged and constituted. This does not, however, nullify the basis of comparison.

The full essay is "The EU and US."

When Platitudes Undermine Real Change: The Case of U.S. President Obama

U.S. President Obama’s 2010 speech at the UN’s annual opening lacked tangible proposals.  For example, he urged progress on the Middle East peace talks, but proffered no proposal.  He said Africa could be prosperous agriculturally, but gave no proposal for how.  He claimed that corruption in governments of developing countries is a problem, but offered no solution.  Pointing to corruption in general diffuses responsibility so talking about it does not shame anyone into making hard choices. Such platitudes belied the president's claim to being an advocate of real change. 

The full essay is at "Platitudes Undermine Real Change."

President Obama's Justification for Limited Military Intervention in Libya: Driving a Wedge between the Bushes

In the early evening of March 28, 2011, President Obama addressed the American people and the world to explain his administration’s involvement in the international coalition that had been implementing a no fly zone over Libya while protecting Libyan civilians from their own ruler. He sounded much more like the first President Bush than the second in terms of foreign policy.  Similar to how the elder Bush had restrained himself from going all the way to Baghdad after he had joined an international coalition in removing the Iraqis from Kuwait, Obama said that directing American troops to forcibly remove Colonel Qaddafi from power would be a step too far, and would “splinter” the international coalition that had imposed the no fly zone and protected civilians in rebel areas of Libya. Interestingly, in taking the elder Bush’s route, Obama came out strongly against that of Bush II. Referring to the alternative of extending the U.S. mission to include regime change, Obama stated, “To be blunt, we went down that road in Iraq . . . regime change there took eight years, thousands of American and Iraqi lives, and nearly a trillion dollars. That is not something we can afford to repeat in Libya.”[1] In effect, Obama was exposing a fundamental difference between George H.W. Bush and his son by saying essentially the same thing as the elder Bush had done while excoriating the foreign invasion of his son. Yet Obama did not stop there. He added a theoretical framework that the elder Bush could well have used.

The full essay is at "U.S. Justification for Limited Military Intervention."

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[1] Helene Cooper, “Obama Cites Limits of U.S. Role in Libya,” The New York Times, March 28, 2011.

President Obama Took Care of Wall Street below a Public Persona of Reform

In April, 2010, President Obama gave a speech in New York City to counter what he called “the furious efforts of industry lobbyists” geared to weakening or stopping the new financial regulations that Obama claimed would be needed to stave off a second Great Depression.[1]  It is telling that the banks that had contributed to the financial crisis of 2008 were trying to diminish or block any new regulation. The very legitimacy of industry calls for deregulation in the wake of a market failure caused in part by the industry flies in the face of the rationale for regulation. In short, the rationale for government regulation has to do with market failures, which includes fraud and over-zealous profit-taking at the expense of the public good. The root of the rationale is the difference between the interests of an organization and society (i.e., the public good). 

The full essay is at "Obama Took Care of Wall Street."

1. Peter Baker, "Obama Issues Sharp Call for Reforms on Wall Street," The New York Times, April 22, 2010.

On the Economic Justification of American Society and Federalism: The Oxymoron of Congress Mapping the Human Brain

In his 2013 State of the Union Address, President Obama cited brain research as an example of how the government could and in fact should literally “invest in the best ideas.”[1] He cited the $140 return to the economy from every dollar that had been invested to map the human genome, and added that funding the Brain Activity Map would be a job-creating investment in science and innovation. In terms of comparative economic advantage, he said, enlarging the “knowledge economy” would be a good strategy for maintaining a formidable standard of living. As laudatory as more knowledge of the human brain is, Obama's perspective suffers from economic reductionism and a lack of political basis.

A Congressional rendering of how the human brain might be mapped.  Source; nytimes.

The full essay is at "Economic Reductionism of Society and Federal Government."

1. John Markoff, “Obama Seeking to Boost Study of Human Brain,” The New York Times, February 17, 2013.

Beyond Collectivism and Individualism: Freedom from Fear

In his speech on April 13, 2011 on reducing the U.S. Government deficits, President Obama identified two strains that had run through the country’s political history and thus informed the American political culture. “More than citizens of any other country” he said, “we are rugged individualists, a self-reliant people with a healthy skepticism of too much government. But there has always been another thread running throughout our history – a belief that we are all connected; and that there are some things we can only do together, as a nation.  We believe, in the words of our first Republican president, Abraham Lincoln, that through government, we should do together what we cannot do as well for ourselves.”[1]  These two strains can be identified as individualism and collectivism, respectively. I contend that collectivism enables both individual and collective security. Individual security is oriented to a person’s survival and collective security is exemplified by national defense. In his speech, the president explicitly placed individual security within the collectivist strain. “Part of this American belief that we are all connected also expresses itself in a conviction that each one of us deserves some basic measure of security.  We recognize that no matter how responsibly we live our lives, hard times or bad luck, a crippling illness or a layoff, may strike any one of us.  ‘There but for the grace of God go I,’ we say to ourselves, and so we contribute to programs like Medicare and Social Security, which guarantee us health care and a measure of basic income after a lifetime of hard work; unemployment insurance, which protects us against unexpected job loss; and Medicaid, which provides care for millions of seniors in nursing homes, poor children, and those with disabilities.”  That is, limits to rugged individualism exist, whether in the state of nature or in an interdependent economy, and collectivized programs can bridge the gap on an individualized basis such that individuals can continue to enjoy liberty. The individualist/collectivist dichotomy is thus not so clearly dichotomist.

The full essay is at "Beyond Collectivism and Individualism."

1. Barak Obama, “Text of Obama Speech on Deficit,” The Wall Street Journal, April 13, 2011.

As U.S. President, Was Obama Really Anti-Israel?

In a poll in 2011, only 22% of Jewish voters in the U.S. said they approved of President Obama’s handling of Israel. Dan Senor pointed to the erosion of Obama’s Jewish fund-raising as another sign that the president was losing Jewish support in the United States. A poll by McLaughlin & Associates found that of Jewish donors who donated to Obama in 2008, only 64% had already donated or planned to donate to his re-election campaign of 2012. While a politician would undoubtedly try to placate and mollify the unsatisfied electorate, a statesman acting in the American interest might conclude that those voters were wrong in their assessment that the president’s policy was “anti-Israel.”

The full essay is at "Was Obama Anti-Israel?"

President Obama's Proposal to Rescue States: Unattended Problems in American Federalism and Human Sustenance

In 2011, President Obama proposed "to ride to the rescue of states" that had borrowed billions of dollars from the federal government to continue to pay unemployment benefits during the economic downturn. His plan was to "give the states a two-year breather before automatic tax increases would hit employers, and before states would have to start paying interest on the loans." Many of the states had begun the recession with "too little money in their unemployment trust funds'" Those states "quickly ran through what little they had as unemployment rose and remained stubbornly high month after month. With their own trust funds depleted, 30 states borrowed $42 billion from the federal government to continue paying unemployment benefits." These states were facing an estimated $1.3 billion in interest payments to Washington due in the fall of 2011. The President’s proposal also included raising the minimum taxable wage base from $7,000 to $15,000 in 2014. "The rate of the federal portion of the unemployment taxes would then be lowered, so the proposal would not raise federal taxes on states that do not owe the federal government money. But it would speed the rate at which states that do owe money repay the federal government, and allow states to collect more unemployment taxes to rebuild their trust funds if they do not lower their tax rates." By February, 2011, eighteen states had already raised their minimum taxable wage base to $15,000 or more, according to the National Association of State Workforce Agencies. Iris Lav, an adviser at the Center on Budget and Policy Priorities, said that the unemployment system was “a constellation of problems" that needed to be solved." She added that the near-term problem was the economy, and "both the interest payments and the principal repayments are [were] cutting into employers, and it [made] great sense to postpone them." The larger question was how to "get states to solvency.”[1]

Analysis of the proposal is at "Proposal to Rescue States."

1. Michael Cooper and Sheryl Stolberg, "Obama Plans to Rescue States with Debt Burdens," The New York Times, February 8, 2011.

Public Access to the Public Domain Increasingly Privatized for Profit

To Aaron Swartz, the subject of the documentary, The Internet’s Own Boy (2014), the major concern in his day regarding the internet was not the ability of a person to create a blog or use social media; rather, the problem was in the trend of the power of the gate-keepers, who tell you were on the internet you want to go, concentrating. In other words, the issue concerned what commands our attention. More specifically, who gets access to the ways people find things on the internet. “Now everyone has a license to speak; it’s a question of who gets heard,” he said.  Although he was a computer wiz, he also had political aspirations; both of which were on display as he lobbied against the Stop Online Piracy Act (SOPA), which was introduced in Congress in October of 2011. Unfortunately, the combination of his computer and political skills got the attention of the FBI, which engaged in a relentless pursuit of him until, under the pressure, he committed suicide at the age of 26. His short life was one of idealism that should not have been squashed by an unstoppable criminal-justice system, especially when influenced by political pressure from corporations and politicians. Lest the overzealousness of law enforcement obscure a vision of Aaron’s idealism, it can be viewed as public access being restored to the public domain in terms of the internet.

The full essay is at "The Internet's Own Boy."

Second-Term Inaugural Addresses of American Presidents: Of Transformational or Static Leadership?

According to a piece in the National Review, “George Washington might have had the right idea. Second inaugural addresses should be short and to the point. Of course, speaking only 135 words as Washington did in 1793 might be a little severe.”[1] Consider how short, and (yet?) so momentous Lincoln's Gettysburg Address was. The challenge for second-term-presidents, whether Barack Obama or the sixteen two-term presidents before him, is “how to make a second inaugural address sound fresh, meaningful and forward-looking." Almost all of Obama’s predecessors failed at this. Only Abraham Lincoln and Franklin D. Roosevelt made history with their addresses. One stirred a nation riven by civil war; the other inspired a country roiled by a deep depression. All but forgotten are the 14 other addresses, their words having been unable to survive the test of time. Even those presidents famed for their past oratory fell short.”[2] This is a particularly interesting observation: surviving the test of time being the decisive criterion. Even a president whose silver tongue mesmerizes a people of his or her time may not deliver ideas that survive beyond being a cultural artifact of the president’s own time. What of an address that is quite meaningful in its immediate time yet does not pass the test of time so as to be recognized as a classic? 

The full essay is at "Inaugural Addresses: Of Leaders?"

1. George E. Condon, Jr., “The Second-Term Inaugural Jinx,” National Journal, January 20, 2013.
2. Ibid.

The 2012 U.S. Presidential Election: Fueled by Leadership or Money?

The 2012 U.S. presidential election was the first in which neither of the major-party candidates participated in the campaign-matching system that imposes campaign spending limits in return for federal financing. It was also the first presidential election since the Citizens United case in 2010. That U.S. Supreme Court ruling was a significant factor in the election because corporations and unions could dip into their respective treasuries directly, rather than only through employee or member contributions, spend an unlimited amount on political ads by making donations to “social welfare” organizations. Without disclosing their donor lists, these non-profit organizations could create political ads that in turn could favor or criticize a particular candidate, albeit with no formal approval from the favored candidate. Faced with formidable super PACs pumping some $800 million or more in favor of Mitt Romney, Obama’s money-machine went into high-gear in a sort of “rich man’s” arms-race. Some rich donors had spent millions of dollars to push the massive ship of state a discernible distance in their direction. Hardly anyone expected that the contending high monies would virtually cancel each other out. Hardly anyone thought the Obama campaign’s scientifically-based “ground game” oriented to getting new voters registered would trump Romney’s financial advantage. To be sure, Wall Street was also behind Obama; Goldman Sachs had donated $1 million in 2008, and Obama in turn gave the big banks federal money (TARP) without strings, including on bonuses (which the bankers abused).

The full essay is at "A U.S. Presidential Election: Leadership or Money?"

Corporate Appointees in the West Wing: A Counter-Productive Way of Holding Business Accountable

Presidents in governments are called to be leaders, which means advocating a vision of change from the status quo. Otherwise, they are merely administrators. So it would be counter-productive for a U.S. president to fill his administration with people financially invested in the status quo. Yet President Obama did just that, in spite of the fact that his rhetoric envisioned radical change in health insurance and still regulations on Wall Street to prevent another financial crisis. In short, he not only let the regulatees in the room, but also gave them important roles with power that would affect their respective industries.


The full essay is at "Corporate Appointees in the West Wing: A Counter-Productive Way of Holding Business Accountable."

U.S. Presidents Buckle at Constraints: The Case of Obama's Recess Appointments

A constitutional system of checks and balances is premised on the assumption that government officials will seek to get as much power as they can. Constraint itself becomes a dirty word. Admittedly, the desire to resist or ignore constraints may be in human nature itself, though people differ in how much self-discipline they will bring to the task of restraining themselves from walking through constraints as if they were Chinese walls made out of paper. A constitutional system that checks ambition with ambition must not assume that some of the more beloved elected representatives can be relied on to resist the temptation to go too far. I have in mind the case of the U.S. president being able appoint officials without the confirmation by the U.S. Senate.

The full essay is at "Presidents Buck Constraints."

Weening the American Voters off Reliance on the Media in Selecting Candidates

How well do voters (i.e., an electorate) know and thus are able to assess people running for public office? As the proportion of people who know a candidate firsthand decreases, the importance of the campaign ads and debates increases. In other words, the candidate's marketing plays a greater role in who wins. At an empire-level, such as the U.S. Government, an overwhelming percentage of people in an electorate (e.g., voting in a U.S. Senate race, or that of the federal president) are significantly influenced by the candidates' respective media campaigns for lack of real knowledge. In a U.S. presidential campaign, financial contributions are vital in being able to orchestrate an empire-wide media campaign. Also, how a campaign manipulates the media coverage of the candidate is very important. The case of Sarah Palin, who ran as John McCain's running mate in 2008, illustrates the extent of distance that can separate what the public "knows" of the real person from the media-made candidate. When people learned of her shocking ignorance of government, the distance was suddenly transparent, and yet no electioneering reforms were subsequently put into effect. Americans still had to rely on presidential debates to get a glimpse of the "man behind the curtain." 

The full essay is at "Weening the American Voters."

Larry Summers Bowed Out of the Race for Fed Chair: “Advise and Consent” Triumphant

On September 15, 2013, the White House announced that Larry Summers, Barak Obama’s prior chief economic advisor and a Secretary of the U.S. Treasury during the Clinton administration, no longer wanted to be considered to fill the upcoming vacancy as chairman of the Federal Reserve. In the announcement, Obama (or an advisor) wrote, “Larry was a critical member of my team as we faced down the worst economic crisis since the Great Depression, and it was in no small part because of his expertise, wisdom and leadership that we wrestled the economy back to growth and made the kind of progress we are seeing today.”[1] Unfortunately, this statement suffers from a sin of omission, which admittedly had been minimized by the media as well. Accordingly, the Democrats in the U.S. Senate who had just come out against a Summers nomination can be regarded as done the nation a vital service. Moreover, the “check” of the “check-and-balance” feature of the U.S. Senate’s confirmation power worked.

Alan Greenspan, Larry Summers, and Robert Rubin. In the late 1990s, they pressed Congress to keep financial derivatives unregulated. A case of government doing Wall Street's bidding?   Source: pbs.org

The Full Essay is at "Why Summers Bowed Out."

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1.Annie Lowrey and Michael D. Shear, “Summers Pulls Name from Consideration for Fed Chief,” The New York Times, September 15, 2013.

The First Multiracial U.S. President: Leadership as Personified Symbol over Political Advantage

Barak Obama had a tendency to modify his manner of speaking, and even his dialect, to fit with his audience. Listening to his speech to the National Urban League, I was stunned; early on, he pivoted off from his ordinary manner of speaking to speak in what was surely a more familiar way to much of his audience. The crowd loved it. The audience must have been looking at him as the first black US President. It occurred to me while listening to him and observing his strategy to connect to his audience that although there would be less political advantage in it, he could have run for president by presenting himself as multi-racial (technically, mulatto). 

The full essay is at "Obama: The First Multi-racial U.S. President."

On the State of the (American) Union: Getting Real

It is certainly more politic to declare the state of the union to be strong rather than weak. In his State of the Union speech in January 2011, President Obama ended by stating definitively, "The state of the union is strong." Even though particulars could doubtless be found to support his claim, I contend that he severely understated the weakness in the state of the union at the time.

The full essay is at "On the State of the Union."

President Obama and the War Powers Act: On Libya

In June 2011, a bipartisan group of members of U.S. House of Representatives objected to the refusal of the Obama administration to obtain Congressional approval in line with the War Powers Act of 1973 for the U.S. military’s continued involvement in Libya. On June 17, 2011, The New York Times ran a story which indicated that Barak Obama had gone against the views of the top lawyers at the Justice Department and the Pentagon in his decision not to seek Congressional approval.

The full essay is at "President Obama and the War Powers Act."

Obama Standing Up to Wall St.: Fact or Fiction?

From the time of the Obama Administration, a major newspaper concluded: “What haunts the Obama administration is what still haunts the country: the stunning lack of accountability for the greed and misdeeds that brought America to its gravest financial crisis since the Great Depression. There has been no legal, moral, or financial reckoning for the most powerful wrongdoers. Nor have there been meaningful reforms that might prevent a repeat catastrophe. Time may heal most wounds, but not these.”

For analysis, see "Obama Standing Up to Wall Street: Fact or Fiction?"