MB Civic

I Respectfully Disagree
by Rev. Ian Alterman, Civic Editor

Sometimes the “common wisdom” is simply common, not wise. Right now, common wisdom is that the first two issues that President Obama will need to tackle are the economy and the war in Iraq. I respectfully disagree.

Setting aside the fact that President Obama will actually need to tackle quite a number of issues simultaneously (even if only in small ways at first), I would suggest that the economy and the war are not the ones that demand his most immediate attention. If I had to prioritize, I would suggest that the first three issues that require immediate – and very visible – action are restoring the rule of law, dealing with global warming, and rebuilding America’s infrastructure.

1. Restoring the Rule of Law. By this I mean two related things: repairing the damage to civil rights, civil liberties and freedoms caused by the Bush administration, and undoing or overriding all of the various executive orders, signing statements, and bill riders that have created an even more centralized and “unitary” executive (what has been called the “imperial presidency”) and shredded the Constitution. [N.B. I wrote this piece before the publication of the article “After the Imperial Presidency” in The New York Times Magazine on this date.]

Even if he cannot reverse the creation of the Department of Homeland Security (a fascist-sounding name if ever there was one), there are lots of things President Obama can do. He can start by restoring habeas corpus and posse comitatus to their original statuses. He can close Guantanamo and put an end to torture of any type by U.S. forces anywhere. He can cancel the government’s contract with Blackwater with regard to assisting the National Guard in the event of a national emergency. He (and Congress) can allow the Patriot Acts to sunset, and rewrite them so they deal solely with the actions and interactions of government agencies vis-à-vis terrorism, without any impingement on or ceding of civil rights, liberties or freedom. He can refuse to sign the Violent Radicalization and Homegrown Terrorism Prevention Act (if the Senate passes it; it has already passed the House). And he can reverse the outrageous decision by the Bush administration to deploy army units on U.S. soil, which would not have been possible without the evisceration of The Posse Comitatus Act.

Doing all this would not simply restore civil rights, liberties and freedoms to American citizens. It would go a long way to showing the world that the U.S. still respects the rule of law (an aspect of America that many around the world used to admire and respect), and that the Bush administration was an anomaly in U.S. history. In this way, it would have both a national and international effect, the latter of which is critical in re-establishing the U.S. as a (but perhaps not the) legitimate “moral authority” within the global community.

Some would argue that another part of the restoration of the rule of law would be have Congress and/or appropriate courts try George W. Bush and Dick Cheney (and possibly others) for treason, crimes against humanity and/or other charges. It is hard to disagree with this. However, I am not certain that this type of revenge – however supportable and deserved – is the best way for Congress to be spending its time, particularly during the current confluence of crises. Yes, I know: there always seems to be a reason not to hold those in power fully and legally accountable for their actions, particularly when there seems to be substantial evidence of their guilt. And many people feel, perhaps rightly, that the country cannot truly have “closure” on what has occurred unless and until Bush, Cheney et al are tried for their crimes. However, from a strictly legal standpoint, it is not clear that there is enough substantial evidence to convict even on “preponderance of the evidence,” much less “beyond a reasonable doubt.” And if a conviction is not clearly in the offing – if we hold this type of tribunal only to end up without a conviction – then not only will we not have closure, but we will have wasted all of that time, energy, money, etc., and we will have created an unhealthy and even dangerous animosity toward Congress.

If President Obama is able to stabilize the current crises within a couple of years, perhaps we can revisit this, since the statute of limitations will not have expired, and the country will (hopefully) be in a better place – economically, psychologically, etc. – to undertake this unprecedented step.

2. Global Warming. Nothing need be said. If our planet continues to rebel against our selfishness, carelessness and disrespect to the point that the problems become irreversible (assuming we are not already at that point), then we might as well all give up and lead hedonistic, carefree lives as the planet kills us off. (I am joking, of course.) Seriously, though, as with restoring the rule of law, dealing with global warming will have both national and international aspects. Nationally, it is inextricably intertwined with energy independence and alternative energies, which in turn is intertwined with job creation. (Think “green” jobs, including retooling Detroit to make radically fuel-efficient vehicles.) [N.B. I wrote this article before the publication of Al Gore’s op-ed piece in The New York Times on this date, which, among other things, validates my claim here.] Internationally, unlike the lethargic (or openly combative) Bush administration, President Obama could lead on this issue, and spearhead a true global effort to deal with it. If Al Gore would not accept the position as Secretary of Energy, perhaps he would be willing to chair a special International Energy & Environment Council, or similar ad hoc group. (And maybe Gov. Arnold Schwarzenegger would be willing to co-chair.)

As with restoring the rule of law by undoing the damage the Bush administration did through signing statements, etc., in conjunction with the larger global warming issue President Obama should also undo the damage the Bush administration has done, or threatened to do (through recent and last-minute legislation), to the environment here at home, including opening public lands for drilling, etc.

3. Rebuilding America’s Infrastructure. Here, President Obama could kill two birds with one stone. First, it would create millions of jobs. In turn, even though it would admittedly cost alot, it would actually help the economy by easing the (inefficient and costly) problems that our crumbling infrastructure causes (think transportation, for example, both business and civilian). And a serious move toward rebuilding our infrastructure would give Americans a renewed sense of pride in their country and themselves – turning their attention inward, for a positive reason – as they watched their roads, bridges, tunnels, transportation and other systems not simply repaired, but brought into the 21st century.

As noted, President Obama will need to begin tackling a variety of issues immediately upon taking office, including those that more immediately and tangibly affect all Americans: the economy (particularly the mortgage crisis, the credit crisis, unemployment, and the tax system), health care and education, as well as the war in Iraq and international relations in general.

But make no mistake. Despite the understandable immediacy of the economy to the average American, they will not miss the symbolic and tangible meaning behind restoring the rule of law, dealing decisively with global warming, and rebuilding America’s infrastructure – especially as those issues touch on, or are intertwined with, issues of a more “direct” nature.

Indeed, if President Obama actually takes immediate steps toward the first of these – by visibly and voluntarily ceding some or all of the new “unitary executive” powers, restoring withdrawn or decreased Constitutional protections to American citizens, closing Guantanamo, and putting an end to torture by U.S. forces – there will be a figurative (and perhaps even literal) collective gasp, both nationally and internationally, at the courage and (dare I say it?) audacity inherent in doing so, and President Obama will raise his stature significantly and quickly, both nationally and globally. And when his stature is raised, the stature of the country as a whole is raised, and this will lead to restoring the respect and admiration for America that the Bush administration squandered after 9/11, and never made any attempt to restore.