Paul Soglin: Waxing America

Kutler on Republican Executive Powers

Waxing America's favorite Emeritus Professor in the entire galaxy, the esteemed University of Wisconsin Constitutional scholar Stanley Kutler, reminds us that the Republican Party, with an almost century long record of limiting the power of the president, now embraces what could be called an imperial presidency:

  Hunkering Down in Baghdad

Voltaire had it right: history is nothing but a pack of tricks that we play on the dead...

...Executive power expanded enormously during World War II. After the war, old guard Republicans, still rooted in isolationism, proposed a constitutional amendment to give Congress authority to regulate all executive agreements with foreign powers....Republican concerns that first President Franklin D. Roosevelt at Yalta and then President Harry S. Truman at Potsdam had bargained away too much....The GOP also objected to Truman’s sending troops to Korea in 1950 without congressional approval.

Kulter notes that with the Bush Administration is "... betting that the rest of the world, from Europe to Asia, will quietly accept U.S. troops to defend their economic interests..."

Kutler writes that Bush "may have made a prophet of former Federal Reserve Chairman Alan Greenspan, who said last September that “the Iraq war is largely about oil” and essential for the global economy."

Free Tibet Madison Style: The Real Olympic Spirit

I will not be in Madison on Saturday, April 19, 2008,  but if I were, I would be at the State Capital for the rally to focus on Chinese oppression against the people of Tibet.  Among the sponsors are Students for a Free Tibet - UW Madison.

Until a family event sent me off to California for the weekend, I was supposed to join State Representative Joe Parisi and Wisconsin Olympian Casey FitzRandolph.  They will be apart of a different torch relay, the Human Rights Torch that is part of coordinated effort in 37 countries to publicize the incompatibility of Chinese crimes against all of its citizens, not just Tibetans, and the true spirit of the Olympics.

Casey is a great athlete, one who truly understands the nature of humanity in all aspects of life. There are too many people who like to use sports metaphors to draw lessons about life. Casey lives the best of the competitive world both on and off the ice.

We all know that the commercialism of the Olympics far overshadows the games. The athletes deserve to demonstrate their skills with honor, but are relegated to the status of doorknobs or garden rocks serving to enhance the mansion and the landscape, the corporate sponsors and their products.

My guess is that most Americans could select more official sponsors of the Olympics from a a list of hamburger, camera, and automobile companies than could identify the athletes who won medals last time in aquatics, archery, boxing, or even tennis.

Back in the day when the Internet was in its infancy, the only web page that came up when you put my name in a search engine was: The Mayor of the city of Madison, Wisconsin Proclaims March 10 1996 as "Tibetan Independence Day"

It was an honor to participate then; it is an honor now to be part of this world wide humanitarian effort. Tibetan rights and lives are more important than these games.

Someone get Casey's autograph for me. Please.

Percy Julian Jr. Looked Into Your Future, Not Your Past

With the untimely death of Percy Julian Jr., the state of Wisconsin lost one of its finest citizens. I met Percy in 1966, or was it '65? The first of the anti-war protests had passed and Percy was looking out for University of Wisconsin students arrested for disorderly conduct or some similar charge.

Percy started with the assumption, no matter what the facts, that the government was trampling on at least four or five Amendments to the Constitution, starting with the First. That is not to say that Percy was impulsive or less than scholarly. By the end of 1968, the brilliant son of an equally brilliant scientist, Percy Julian Sr., was to bring the State of Wisconsin and the University of Wisconsin to thier knees with a federal case that was to set the standard for student's free speech.

As the October,1967 Dow Demonstration approached, eight of us went to see Percy, newspapers in hand. The UW administration stated under what circumstances students might be disciplined. They included assertions that advocacy of demonstrating in all of its forms could result in expulsion or at least suspension.

Percy explained to us the concept of 'prior restraint.' We were being intimidated and coerced. We were threatened with sanctions, even if we remained within the law. He would handle the case for the expenses which would run about $200 for filing fees and reproduction costs. Eventually the case would cost Percy, the State and the UW hundreds of thousands of dollars.

The next day, I returned to his office east of the square with $25. Percy said, "That does it, the case will be Soglin v. Kauffman."* When I asked, "Why?" he replied, "You are the first one to show up with any  money."

The case was originally heard by federal Judge James Doyle, and ultimately, after the state of Wisconsin appealed, a three judge panel affirmed Doyle's ruling on October 24, 1969:

Administrative sanctions as harsh as those available to the University in this case, as well as criminal statutes, serve to chill the exercise of free speech...

...We only hold that expulsion and prolonged suspension may not be imposed on students by a university simply on the basis of allegations of'misconduct' without reference to any preexisting rule which supplies an adequate guide. The possibility of the sweeping application of standard of 'misconduct' to protected activities does not comport with the guarantees of the first and the Fourteenth Amendment.

I was to see Percy on the afternoon of October 18, 1967, two hours after I had been beaten in the Commerce Building, and about the time the last of the tear gas drifted from Bascom Hill. I was yelling at the hastily retreating Joseph Kaufman. The sight of the dean who had mismanaged the entire affair, and of our lawyer, who had only begun to work on our case was too much.

I began to cry. It was Percy who would recount this in his own description the day's events.

In the days that followed Percy was the target of every powerful politician in the state. My girlfriend was a waitress at, of all places, the Madison Club. At the time the Madison Club only reluctantly admitted Jews and no blacks need apply (The world has changed - I had a meeting there yesterday and again this morning.).

Several times that following week she had stories about how all of the Republicans and many of the Democrats in the legislature were out to get Percy. They wanted to see when he was making phone calls from State Capitol hearing rooms - was he making long distance calls and not paying for them?

They wanted get him disbarred from the legal profession.  There was no end to their small but active imaginations.

Over the years Percy and I would discuss politics, humanity, Madison. I once observed that so many people, many with few or little resources sought him out. He replied, "I look at their future, not their past."

For more on the Dow Demonstration see David Maraniss's They Marched Into Sunlight.

*Our attorneys: Percy L. Julian Jr, Michael Reiter, both of Madison,  William M. Kunstler and Arthur Kinoy of New York, Marc Stickgold, Detroit, and Dennis Roberts and Harriet Van Tassel, Newark N.J.  Mike Reiter was a law student when this all began. Before it was over he was a member of the Wisconsin Bar.

Doug Moe on the First Visit to Cuba

Today, in The Capital Times, Doug Moe wrote a wonderful column about our first visit to Cuba. With great skill he retells the tension and the fun we had in preparing to for the July, 1975 trip to Havana. The characters in Madison alone are worth the read.

http://www.madison.com/tct/news/columns/273595

Exclusive First Hand Report from Iowa Caucus

From ace Waxing America stringer in Iowa City:

Jan. 3, 2008

Obama takes Iowa City's Longfellow precinct; Edwards second, Clinton distant third

The mood of Democratic caucus-goers at Longfellow precinct Thursday night in Iowa City ranged from euphoria to quiet hope to claustrophobia.

This older neighborhood, representing one of the most liberal areas of the state, delivered five delegates to Barack Obama, four to John Edwards and two to Hillary Clinton. The other candidates went home empty-handed.

The evening was not without its frustrations for the winning groups. Entering the gym of Longfellow Elementary School, each caucus-goer received a ticket, ostensibly to keep track of the overall number of caucusers. However, an organizer deemed the ticket system unreliable, and the entire population was forced to begin counting off one by one. "I'd rather watch paint dry," one person said.

When "222" was reached (this reporter was "195"), the organizing powers interrupted to announce the ticket system was reliable. The announcement was greeted with applause by the 719 caucusers.

Applause grew when told they had surpassed by nearly 200 the caucus count for 2004.

To be viable, a candidate needed support from at least 15 percent of the 719 caucus-goers -- or 108 individuals.

Supporters for Obama, Edwards and Clinton stayed in the gym to count off while the smaller groups -- for Richardson, Biden, Kucinich and Gravel were sent off to first- and second-grade classrooms. It was hard to hear if there were any Dodd supporters.

The average age of the caucus-goers was estimated to be close to 40 but everyone looked old and tired, thanks to gymnasium lighting and the fact that many people had not seen each other for four years.

Initial efforts to count off efficiently and accurately failed miserably, with the Obama contingent claiming 400 supporters. Nearly an hour later it was determined there were just over 300 supporters for Obama, nearly 160 for Edwards and fewer than 100 each for Clinton, Kucinich, Richardson, Biden and Gravel ("Who?" people wondered out loud).

Individuals in non-viable groups were allowed to realign or try to gain new supporters. Several Edwards supporters attempted to win over Clinton supporters with home-baked cookies; all refused. Instead, Clinton's group made progress toward viability, and bored Edwards supporters ate the cookies.

In the end, Richardson, Biden, Kucinich and Gravel supporters realigned or left.

Of the 686 people remaining, 342 supported Obama, 234 supported Edwards and 110 supported Clinton -- translating to five, four and two delegates, respectively.

From the choice of candidate and emotions of the evening, this reporter had supported Edwards and gotten claustrophobic. She heard other people, including an elderly Clinton supporter, wishing Iowa would give up its first-in-the-nation status or at least find a better way to count.

As the gymnasium emptied into the cold night, a caucus-goer, representing the ever-practical Iowan, was heard wondering, "How many people's homes do you think got burglarized tonight?"

Time for Real Questions for the Real Mike Huckabee

Once again, University of Wisconsin Emeritus Professor Stanley I Kutler provides insightful analysis that makes me wonder if he might have better have served his country as a political columnist, rather than trying to teach misguided undergraduates like me.

My favorite professor writes in the Huffington Post, "The Religion of Mike Huckabee," that the critical issues of the day "will not be resolved with geniality and wit."

Everyone loves a man always ready with a witty quip. When asked "what would Jesus do," the applause meter in the debate hall went off the charts when Huckabee replied, "Jesus was too smart to ever run for public office" -- an artful dodge to a serious question on the death sentence...

...Today's Southern Baptists have rejected traditional Baptist faith, tracing back to Roger Williams in the 17th century, avowing a firm separation of church and state. Williams well-knew European experiences and that the "wilderness" of the state corrupted the "garden" of the church. James Madison and Thomas Jefferson, who led the drive for the First Amendment's command on separation of church and state and the promise of the free exercise of religion, flipped Williams's conclusion -- as they feared the corrupting effects of a religiously-dominated state. The thread from Williams through the making of the Constitution is that the state must maintain neutrality toward religion, and separation was the proper means. In a pluralist society, no other alternative is thinkable.

How will Huckabee, the ordained minister, and the self-styled "Christian" candidate (where does this leave all the others?) balance his sectarian religious beliefs with his obligation to maintain the neutrality of government, as required by the Constitution? Chris Matthews pitched a soft-ball question when he asked the former governor his opinion of the Constitution's requirement that no religious tests be imposed as a qualification for public office. Huckabee deflected the question with a smile and a firm declaration, "I have no problem with that."

First Amendment questions would have been more appropriate: Does he support government-required prayers and bible-reading in the public schools? Should the government fund faith-based and faith-run social programs?...

...Nineteenth century sectarian conflicts confirmed the desirability of governmental neutrality in religion to preserve social peace. Today some Americans believe and act as if the First Amendment's religion commands are a barrier to social harmony. Religious ideas and leaders need not be excluded from political debate and public policymaking, but the dividing line -- that "wall of separation" -- has a clear and powerful historical meaning, and must be affirmed.

Huckabee deserves questions about our traditional guarantee of separation of church and state, and the free exercise of beliefs. We must expect him to understand and respect the history that underlies our social complexity, and makes America, America.

Until the better questions are asked, we will not know if Huckabee has the better answers.

New York, Murder, DNA, Iraq, and Torture

Sunday's New York Times published a story, about Jeffrey Mark Deskovic, Vindicated by DNA, but a Lost Man on the Outside.  Deskovic was convicted of murder at the age of 17 and recently released at the age of 34 when DNA evidence demonstrated that another man committed the murder in 1989 of high school sophomore Angela Correa.

It appears that Deskovic became a prime suspect, when among other things, he attended her funeral and weeped profusely. In a critical CSI moment,* investigators made him a prime suspect since they were not close friends. Deskovic explained that he was picked on in school and she was one of a few students who was nice to him.

It was the Innocence Project that helped free the young man. What is most disturbing is that in this day and age of Miranda warnings, we still get CSI-type of pressure interrogations which resulted in so many coerced confessions:

• 205 men and one women have been exonerated through DNA testing since 1989.
• Of those exonerated, 53 were convicted of murder.
• And most disturbing, more than a quarter of all exonerated prisoners confessed to crimes they did not commit.

Deskovic, after a seven hour interrogation, confessed to hitting the victim with a Gatorade bottle, grabbing her by the throat, and numerous other details fed to him by law enforcement officials.

All of this was done without the benefit of water boarding and torture. Imagine how good the confessions are coming out of Iraq.

*Plots of Law & Order, CSI Feature Heroic Violations of 4th; 5th Amendments

Anyone who thinks that liberals or the left is in control of network television has a screw loose.  The writers of these shows cannot let an episode pass without coercing a confession or lying their way into an illegal search. 

No wonder only 10% of Americans understand their rights and roll over and play dead when nonsense like the Patriot Act comes up or Bush violates the law.

I enjoy these shows as much as the next person for their entertainment value. In the real world, they suck as a model for respecting our Constitution. Yes, all of these suspects could have been more forceful in asserting their rights, but what good does it do the rest of us when the wrong person is convicted, the case is closed and the real perpetrator is walking the streets?

A Thanksgiving Message from Utah and George W. Bush

I was going to do a post today expressing thanks for all of my friends. I am fortunate to have have shared time with so many wonderful people over the years.

Then I saw this:

Speeding Ticket Taser

It should be shown to every police officer in this country. Anyone who cannot figure out what was wrong with the behavior of the arresting officer, should be sent back to the police academy.

The officer is mostly responsible for what happened. But the environment in which he is working, the erosion of liberties and expression is a license for his aggressive escalating behavior.

Once the alleged speeder refused to sign for the ticket, the officer should have backed up and left.  After all, he had it on tape that the driver refused to sign for the ticket.

Go back and watch the beginning of the tape.  Notice that before he goes after the speeder, the officer pulls over to the shoulder, possible blocking the low mounted temporary 40 MPH sign. Maybe there were other signs; maybe the driver did see it.

The officer not only disgraced his uniform, but he made it that much more difficult for every other professional police officer.  This is the kind of episode that builds resentment and takes its toll on everyone.

Ron Paul: The New Charles Lindbergh?

As Ron Paul's campaign continues to gather support, I thought of those who came before him. Not the anti-war movement of the progressive left or mainstream America. That is an anti-war movement founded on the principles that America:

• should not be an imperialist nation controlling the world's natural resources.
• has no business propping up dictators, and
• that we should be involved in international affairs, using diplomacy, not militarism as our weapon.

There is another vein of anti-war sentiment which is an isolationism best epitomized by Charles Lindbergh. When I mentioned this to Waxing America editor Barry Orton, he reminded me of Philip Roth's book, The Plot Against America, which paints a horrid picture in a fictionalized world where Charles A. Lindbergh defeats FDR in the 1940 presidential election.*

In any case, Ron Paul's anti-war position should not be confused with that on main stream America.

More telling is troubling nature of Paul's so-called libertarianism which sound good until we get down to specifics. He immediately carves out an exception for the government to prevent a woman for having a choice in controlling her body. Then he marches on to extreme positions that make it virtually impossible for the government to raise money from everything from public education to the armed forces (Yes, I believe we need an army, navy, and an air force.).

As is noted in a piece for The Atlantic.com,  Taking Ron Paul Seriously In New Hampshire Marc Ambinder notes,

Who likes Paul? His aides say there is no single demographic. Many are former members of the Buchanan Brigade, suddenly re-energized by Paul's anti-interventionism and strong border stances

And as one comment made to the article point out:

The anti-war, non-interventionist, sound money tradition within the Republican Party goes back a long way: Charles A. Lindbergh, Sr. (father of the famed aviator) campaigned against both the Federal Reserve Act and US entry into World War I. Likewise Senator William E. Borah, Congressman Howard Buffet, and "Mr. Republican" himself, Robert A. Taft. Posted by W. Gary Johnson, New York, NY | October 27, 2007 9:02 AM

A single position on an issue tells a little but not enough. There must also be an understanding of the underlying philosophical foundation.

Paul is not a progressive, Ron Paul is not devoted to peace. He is an isolationist and there is a difference.

*This week is the seventy fifth anniversary of Franklin Delano Roosevelt's first election as president of the United States in 1932.

Making the World Safer: An Hour of Headlines

Pakistan silences media in emergency - President Gen. Pervez Musharraf cites freeing Pakistan's media as one of his proudest achievements, but under emergency rule his regime is stripping those liberties away for fear independent news reports will further fan opposition.

Pakistan Police Clash With Lawyers - Police on Monday fired tear gas and clubbed lawyers protesting against President Gen. Pervez Musharraf's emergency rule.

Turkey urges US to clamp down on Kurdish fighters - The Turkish prime minister, Recep Tayyip Erdogan, will seek a renewed US commitment to crack down on Kurdish fighters when he sees George Bush today.

Americans yearn for change of direction: poll ...The survey by The Washington Post and ABC News indicated that only 24 percent of those surveyed think the nation is on the right track, and three-quarters said they want the next president to chart a different political course.  A new direction is wanted not only by Democrats, but also by three-quarters of Independents and even half of Republicans, according to the poll...More than six in 10 called the war in Iraq not worth fighting, and nearly two-thirds gave the national economy negative marks.

Christina Aguilera confirms pregnancy -...confirming what has become obvious over the past few months...