
Wednesday, January 7, 2009
Reed: Senate Integrity Demands Burris be Denied

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Tuesday, January 6, 2009
Dano: If it's Legal, Let Burris Sit in the U.S. Senate

A little housekeeping for anyone who may not know it: the United States Senate does not have to allow anyone to hold a Senate seat, even if they were legally and unquestionably elected by the people of their state. All it takes is a 2/3 majority vote for the Senate to deny someone a Senate seat, so the issue at stake here is more a moral or ethical one than a legal one.
Those who would suggest that the Senate should deny Burris the seat are, most often, relying on the notion that the appointment itself was inappropriate because Illinois Governor Rod Blagojevich has been indicted for corruption -- specifically, for trying to "sell" Obama's vacated Senate seat for his own personal gain. Current Illinois Attorney General, Lisa Madigan, asked the Illinois Supreme Court to strip Blagojevich of his Gubernatorial duties (including the Senate appointment) pending the outcome of legal investigations. They denied her request. Every Democrat in the U.S. Senate asked Blagojevich not to make any appointments, as did the Illinois legislature and most other officials in that state. By and large, the Illinois electorate also appears to have been against the Governor's action. But the rub is that he hasn't been convicted of any wrongdoing, yet. So, what's the deal?
Two Kinds of Justice
This topic is pretty easy for me, because, as a former paralegal and a current criminologist, I have studied law extensively. For those of you who very well understand U.S. jurisprudence, please forgive the "professorial tone" of the following paragraph; most people have not studied these issues, so a little background to support my point may be necessary.
There are, in the U.S., two distinct kinds of justice -- procedural justice (meaning that outcomes are just, based upon the use of proper legal procedures), and substantive justice (meaning outcomes are just, based upon the facts as determined by the finders of fact). Most of us believe, in our hearts, in the supremacy of substantive justice over procedural justice. Remember the national outcry when O.J. Simpson was acquitted of the murders of Nicole Brown Simpson and Ronald Goldman? His acquittal was actually based upon the findings of fact made by the jury (sounds like substantive justice), but the jury's findings were greatly affected by law enforcement's procedural mistakes. In the United States, procedural mistakes, especially deliberate procedural wrongdoing, is thought to be as egregious as Simpson's alleged criminal acts. In fact, all appeals of criminal convictions must be based on procedural mistakes or wrongdoing, not upon the findings of fact. Note to law enforcement: DON'T EVER TRY TO FRAME A GUILTY PERSON. The upshot of this is that, no matter how we may disagree with the outcome, Simpson was appropriately acquitted of those murders from a procedural justice point of view. So, what does this have to do with Blagojevich appointing Roland Burris? Read on.
The Law is the Law
Blagojevich has not been tried on the charges for which he was indicted, no less convicted. "Innocent until proven guilty" remains the standard upon which we base our legal procedures. There has not been even a single formal release of evidence against Blagojevich, because there has been no formal prosecution. Yeah...I believe, as many do, that he probably is guilty as charged -- the man is an unpleasant person who seems inclined to abuse power in the ways he has been accused of abusing it. But, again, this is not sufficient to call him a guilty man.
Blagojevich remains the duly elected Governor of Illinois, and the law says that, as such, he alone has the ability to appoint a replacement for Obama as U.S. Senator from Illinois. The law doesn't require that he do so, but he has the sole ability. Because the Illinois Supreme Court has elected not to act against him, the Illinois Legislature is the only remaining legal body with the ability to modify the Governor's procedural rights (presumably by impeaching and successfully prosecuting him for some crime or crimes). This has not occurred. Therefore, as distasteful as it seems, Governor Blagojevich was within his rights as Governor of Illinois to appoint Roland Burris to replace Obama.
The U.S. Senate "Calculus"
So the question for the U.S. Senate becomes an ethical one: Should we allow the man appointed by the tainted Illinois Governor to hold a Senate seat, or should we deny his entry and wait for the people of Illinois to replace Obama in a new election? It is clear that they are leaning toward denying Burris the seat, but this is a mistake.
The fact is that U.S. Senators are lawmakers. As such, they should be the standard-bearers of impeccable legal procedure. In this case, they should recognize that Burris's appointment was legal and procedurally allowable. More importantly, however, denying him the seat based upon "gut feelings" about Blagojevich's guilt, while within their rights, amounts to convicting Blagojevich in a kangaroo court. I, personally hold U.S. Senators to a higher standard than that. Because Blagojevich was not actually convicted of wrongdoing, there is simply no logical reason to suggest that Burris is not a valid appointee. Remember, Roland Burris has not been accused of wrongdoing, and was, in fact, the Attorney General in Illinois who ran unsuccessfully against Rod Blagojevich for Illinois Governor. While Burris has also previously run for the U.S. Senate and been denied by the voters, this appointment is legal. The Illinois voters will have their chance to correct any "mistake" they feel has been made in the next election cycle. Members of the U.S. Senate, I fear, are playing politics at the expense of procedural justice.
Really?
Should Roland Burris have accepted the nomination? There's another can of worms, but, in my humble opinion, it's irrational political suicide. Maybe being irrational and suicidal are reason enough for the Senate to deny him the seat.
Naw...
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Friday, November 21, 2008
Dano: Public Campaign Financing? It Doesn't Matter
Well, for a change, I got a coin-flip this week that threw me for a loop. I am supposed to argue that we should maintain the public campaign finance system for federal elections (and, perhaps, mandate its use). But, by golly, after my research, I decided that it doesn't make a lick of difference where the candidates get their "individual contributions."

Fundamentally, proponents of public campaign financing say that this system reduces the possibility of corruption (because the source of candidate funding is known in advance, and is above-board), and helps to minimize the relative advantage of having deeper coffers than other candidates, such that "buying an election" becomes less likely. Under this system, candidates are not permitted to use more than $50,000 of their own money for their campaigns (unlike the substantial personal financial input provided by previous candidates, Steve Forbes, Ross Perot, Mitt Romney, and Hillary Clinton, to name a few). Of concern to candidates of parties other than Democratic or Republican, public financing is not available to them.
Those who support private campaign financing suggest that it, alone, protects the constitutional right of (unlimited) free speech, and that this system is regulated sufficiently to guard against corruption. The system is said to be superior because each donor has the right to direct their support to a specific candidate (where no such ability exists with public finance funds), further protecting the rights of donors to not support a candidate they don't like. Moreover, there are no limits on how much can be amassed in the aggregate, so if a candidate enjoys support from a much larger proportion of the public than his/her opponents, then his advantage in advertising funds is proportionate and fair. Finally, any party's candidates can get this form of funding -- not just Democrats and Republicans.
So, why doesn't it matter which system we use?
Of minor relevance, there are some equalizing factors between the two systems. First, the advantages of private financing are mitigated by available funds through public financing: 1) public financing subsidizes the nomination conventions of those candidates that accept it (not an insubstantial cost), and 2) public financing pays for the costs of attorneys and other administrative costs (also nothing to sneeze at). But that's not the main issue.
A less obvious issue is that, while we all know that public financing, at least in the 2008 campaign, garnered Senator McCain only about half the money that was collected by President-elect
If, however, candidates were required to use public financing (or, more accurately, prohibited from using private financing), the percentage of citizens choosing to donate with their tax returns would likely rise precipitously. So, while the free choice to accept private financing exists along with the public financing system, a candidate can choose either method and take his chances, but private financing seems to hold the advantage so long as it remains available. This, by itself, is no reason to mandate one or the other.
The overarching reason the system chosen doesn't matter is that they each deal with "hard money" contributions only. Both systems allow expenditures of "soft money" contributions through the activities of political action committees (PACs), and by organizations known as "527s" and "501(c)s." Taken together, these organizations spend unlimited donation monies to support issues (directly), and candidates (indirectly ). The only "free speech" limitation on these groups is that they cannot suggest voting for or against a particular candidate. They can (and do), however, say things like, "candidate A is the only patriotic contender," and "candidate B is clearly unpatriotic." The power of these groups to affect elections was well illustrated by the soft-money-fund
Some might argue that direct candidate ads have a great deal of impact on voters' choices. That may be true, but I submit that the number of ads, and the geographic spread of them, is not as important to campaigns as it once was because of the advent of 24 hour news networks that endlessly replay the campaign ads of the candidates during the entire course of the election cycle. Even though John McCain spent far less than Barack Obama, for instance, I saw every important political ad that McCain produced as many times as I saw Obama's ads (okay...maybe not quite as many times, but effectively so). The news pundits see these ads as free content, and this essentially gives every candidate free air time. Unfortunately, the news outlets also give free replay time to the ads from the PACs, 527s and 501(c)s. So, again, the power of soft money organizations remains superior. Until this changes (through FCC regulations on media or a Constitutional amendment limiting soft money free speech), there is simply no important difference between the public and private campaign finance systems.
Campaign finance is a very complicated issue, to be sure. But concerning ourselves with an either/or argument over public or private donations is, quite simply, a misdirected effort. Both systems are regulated to prevent corruption, with debatable success, perhaps. But campaign finance reform needs to concern itself primarily with soft money controls if we expect to level the playing field for all candidates and prevent corruption and influence peddling in presidential campaigns.
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Tuesday, November 18, 2008
Reed: Presidential Candidates Don't Need Our Tax Money to Run a Campaign

Sen. McCain, however, had little choice but to opt for public money. He was, after all, the co-author of the famous (or infamous, depending on your point of view) McCain-Feingold
It is important to note that 1976 was not the year that this issue came to the forefront. In 1966, Congress passed legislation that would have provided public money to Presidential candidates by funneling funds through the political parties. According to the FEC, the law was suspended a year later, for obvious reasons (www.fec.gov/pag
Roosevelt's argument in 1907 was the same as that which resonates today - money, and I mean big money, perverts the political realm and insures that only the wealthy and well-heeled can attain high office. To the founding fathers, service was expected and personal gain was set aside. But by Roosevelt's time, special interests had already begun to pervert the process and political chicanery had become commonplace. Thus the argument was, and remains today, that public financing is the only way to assist a candidate with modest means to aspire to greatness in the political arena.
I don't buy it, no pun intended. I agree, as I assume the vast majority of our readers and Americans in general do, that money has indeed become a corrupting influence in the political realm. And the fact that Barack Obama raised more than half a billion dollars to compete for a job that pays $400,000.00 a year raises the simple question, "Why?"Our system has been co-opted by special interests, to be sure, and the money is the driving force. But it's relevant to note that, according to the New York Times and Fox News (organizations that don't often find themselves in agreement, editorially speaking), the average donation to the Obama campaign was less than $90.00.
The most money raised in any political campaign in history, and the average donor gave ninety bucks. Do the math. It's clear that, in spite of our cynicism and anger over how lobbyists, corporations, unions and radicals on the right and left have dominated the money grubbing and media hype, the common man and woman still care enough to fork over a few bucks to support a cause.That's democracy in action, the little person stepping up to help the candidate who best represents his or her values, beliefs and interests on the national level. But that citizen, passionate for a candidate or a cause, has no control over how the federal government doles out his or her tax dollars to presidential aspirants. In other words, your taxes may be going into the campaign coffers of a candidate you find totally repugnant.
I know I don't like that. I assume you don't either. But I also don't like the system the way it is, or was, where money drives politicians to say anything it takes to get elected, to crawl in bed with whatever special interest has the most umph, and then to claim high moral standards as a reason to earn my vote. So the idea of using tax-payer dollars to fund campaigns was based on noble ideals. But as so often happens in the political realm, the best intentions often produce the worst results.
This is a complicated issue on several fronts. Dating back to the 1970's, challenges to restrictions on fund raising and expenditures in political campaigns have hinged on the First Amendment's guarantee of free speech. In 1976, the U.S. Supreme Court issued a ruling in the case of Buckley v. Valeo which upheld the notion of restrictions on certain campaign fund raising as "primary weapons against the reality or appearance stemming from the dependence of candidates on large campaign contributions."
In this seemingly contradictory ruling, the court did not spell out what constitutes "overriding governmental interest," but the concern was balancing a group or individual's right to participate in the electoral process with the need to prevent graft and corruption within that process. I submit that this balance, and indeed all the concerns expressed in Buckley and cases brought subsequent to this ruling, can be addressed by common sense regulation of private sector contributions to candidates and parties.
I would accomplish this by instituting two major reforms to the current system which I believe would render public financing unnecessary. First, Congress should enact legislation that prevents a candidate for federal office from soliciting or accepting contributions for his or her campaign for a period of time equal to half the term of the office sought. In other words, a candidate for the office of president, which carries a four-year term, could not officially form a campaign committee or raise and spend outside contributions until two years prior to the general election. This is important because, while we prepare to inaugurate the man we elected this month to serve for the next four years, National Public Radio has reported that former Arkansas Governor Mike Huckabee is in Iowa, planning his strategy for a 2012 run for the presidency (All Things Considered, November 22.)
Nothing in the legislation would impede a potential future candidate such as Governor Huckabee from traveling around making speeches. It would, however, prevent political parties, corporations or wealthy individuals from contributing to a campaign fund in the candidate's name.
The second and equally important aspect of this reform would identify, once and for all, who may or may not contribute to national candidates and how much that candidate can lawfully raise. An individual's campaign would be allowed to raise no more than ten times the amount of the salary paid by the office aspired to during the course of one term. In other words, a candidate aspiring to attain the presidency, and its $400,000.00 annual salary, could raise and spend no more than $16 million. That money could be raised through donations from individuals not to exceed $2000.00, or corporations, unions, or parties not to exceed $50,000.00.
While these sums may seem paltry compared to the massive amounts of money currently spent on national campaigns, a shortened political season would mean less money would be necessary. Such a system as proposed would also serve to level the playing field for third-party candidates, or those with less name recognition.
There is one argument that public-finance proponents offer that would not be addressed under a system such as I propose. That is the notion that unheralded candidates with modest financial means and no name recognition could not compete. I would submit this argument is flawed for two reasons. One, it is false on its face. Raise your hand if you had ever heard of Ron Paul before the Republican debates first aired. Very few hands in the air. But the Texas Congressman set a single day financing record, raking in more that a million dollars over the Internet after his first debate performance.
Secondly, a young state senator from Illinois, from a very modest background and without a war chest, went from virtual unknown to President-elect
In closing, I believe we can all agree that our political system, with its reliance on massive amounts of money and influence, is broken. The answer lies not in turning the system over to the government, or by completely deregulating the system. As is often the case when things are complicated beyond the capability of most citizens to understand, we should strive to simplify this system while relying on citizen participation, not taxpayer funding, to select our leaders.
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Friday, August 15, 2008
Musings from the Co-Host
Our goal was to create a format for intelligent conversation, and so far we've succeeded. So it's sad to consider that, while we here in this little corner conduct debate in a way that can only be described as honorable, there are people on the national and international scale whose only agenda is to denigrate and destroy, through whatever means possible, those who would seek to lead our nation.
Jerome Corsi, who started the "Swift Boat" movement in 2004 which doomed the candidacy of John Kerry, is at it again. His book, listed as a New York Times Bestseller (not hard, by the way - 10,000 copies will do it. Print a 90-page anything and publish it from your computer, have your mom buy 10,000 copies, and you're a best selling author) is called "Obama Nation". Put the words together and you get his drift. This book, of which I have read inserts, is a collection of rumor, exaggeration and bold-faced lies regarding the Illinois Senator who would be President. It incorporates the worst of the worst the media, the Internet and the radical right has to offer to demonstrate that Obama's success would be the downfall of America.
Two things make me really sad in regard to this publication. First, Corsi doesn't deny anything I just said. He really doesn't care that his book portrays Obama in a false light. He freely admits that the only reason he wrote it is to help assure that Obama is not elected. For that reason alone, I would implore you to simply ignore anything you hear about it, or fight to get the media and the Republicans to vocally and vociferously repudiate it. America should hear no more from this malcontent.
Secondly, Mary Matalin, a conservative voice that I once respected, has lent her name to this fallacious diatribe, thus costing her whatever credibility she once had. Her husband, liberal commentator and political advisor James Carville, must be grinning over his corn flakes at his wife's major screw up. I would love to be a fly on the wall at their house as the "I told you so's" are mingling with his signature chuckle.
My hope is that the media will treat Corsi in 2008 as they treated Ralph Nader in 2004 - a non-entity on the political scene not worthy of conversation. If that happens, perhaps we will see a return to civility and respect on the campaign trail. Does this suggest there won't be attack ads and personal digs against the opposition? I'm not that foolish.
But maybe, just maybe, this will be the year when we make our decisions based on how well our candidates articulate their positions on the issues that are really important. In other words, how well they do what we're trying to do right here. God, what a wonderful world it would be.
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Monday, August 11, 2008
Obama: Advance Notice on VP Available
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Thursday, August 7, 2008
Timeline for Troop Withdrawal is Negotiated
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Monday, August 4, 2008
Dano: The Case Against Obama

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For more information on his Government service, see http://www.bara
This means we are left to determine how qualified and effective Obama can be as a Government leader based only upon his legislative record. In the case of his Illinois legislative experience, a brief review of his stated accomplishments
1. a governor or lt. governor
2. a vice president
3. a high-ranking military commander
4. a Cabinet or department secretary
5. a U.S. congressman (for at least a full term, usually longer)
(see http://www.whit
We aren't talking about a "present" vote on whether to name a state office building after a deceased state official, but rather about votes that reflect an officeholder's core values.
For example, in 1997, Obama voted "present" on two bills (HB 382 and SB 230) that would have prohibited a procedure often referred to as partial birth abortion. He also voted "present" on SB 71, which lowered the first offense of carrying a concealed weapon from a felony to a misdemeanor and raised the penalty of subsequent offenses.
(see http://www.real
What's the upshot of this? Sure, he got a few good things done. But when it matters where Democrats are concerned, he frequently chose not to vote, rather than to have his views known to the voters. This represents a record that can be cherry-picked for good sound bites, but that truly reflects a lack of spine on partisan issues about which he should be proud to show his record. In the end, if he can't even support his own party platform in a convincing way, he can't expect to get bipartisan support for contentious issues while president. Obama is not nearly as conscientious or experienced as other presidents have been. He simply isn't qualified to lead the most powerful nation on earth.
There is one last thing that might deserve consideration. This country has roughly as many registered Republicans as Democrats. Then there are independents. It is highly unlikely that Obama will get a majority of the popular vote. Republicans know this. No matter whether Obama is qualified to be president, if he gets elected, can he gain the trust of congressional Republicans? Something more than a majority of voters might well support efforts to thwart his agenda. Without more experience in the U.S. Congress, does he have the length and strength of relationships to draw bipartisan congressional support for his agenda, despite pressure from unhappy Republican constituents to crush it? Potential post-election difficulties should not be included in the qualific
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Reed: Obama for President - YES
Barack Obama's critics will first and foremost stress his inexperience, especially when it comes to foreign policy. John McCain lambasted Obama for offering his opinions on the wars in Iraq and Afghanistan in spite of the fact that "he's only been to Iraq once, and has never been to Afghanistan." Talk about throwing down the gauntlet! And what happened? I think McCain has learned the truth in the old adage, be careful what you wish for - you may get it.
Obama went to Iraq and Afghanistan, talked to the troops and commanders, and conferred with leaders of those and other countries whose interests are affected. He then moved on to Europe, where he spoke to more than 200,000 people in Germany, many of whom were waving American flags as a tribute to one who they perceived to be a viable ally and leader.
Tell me please, when was the last time our allies in Europe felt compelled to wave our flag instead of burn it?
Be that as it may, the "inexperience" argument may fly with some, until we consider some history. Another politician from Illinois made it to the White House in 1861. Prior to his ascension to the Presidency, Abraham Lincoln served eight years in the Illionois Gene

Compare that to Senator Obama - seven years in the Illinois Senate, three years in the U.S. Senate, ten years in political office. Whoa - coincidence? Experience is only as important as the skills and wisdom we gain from it. Many experienced politicians, Hoover, Johnson and Nixon among them, failed the nation and her citizens through poor leadership and unwise decisions in spite of years of experience.
Leaders are indeed born, and from his early years, Barack Obama has proven himself a leader. Coming from a modest background, he graduated from Columbia University and went on to Harvard Law School where, in 1990, he became the first African-America
This is the kind of decision-making
Perhaps the most compelling reason I have for believing that Senator Obama is indeed qualified to lead our nation rests in a story that began in October of 2002. Support was growing for the Bush Administration'
(For more information, see http://www.wiki
And it is interesting to note that many, including 2004 Presidential nominee John Kerry and Obama's primary rival, Senator Hillary Clinton, both subsequently expressed regret for their support of the resolution. The 2006 Congressional elections were a clear sign that the American public was tired of a trumped-up war that Americans now felt should never have been waged.
But in a speech in Chicago on the eve of Congress' approval of the resolution, Obama, then a state Senator from Illinois, spoke passionately of the need to avoid the war in Iraq. In his speech he called on America to avoid what he referred to as "a dumb war. A rash war. A war based not on reason but on passion, not on principle but on politics" (see citation link, next paragraph). And while he agreed with President Bush that Saddam Hussein was a dictator whose removal would be applauded, he noted, correctly, as the facts have demonstrated, that Saddam's government and military were bankrupt and impotent and posed no grave danger to the world.
Senator Obama then spoke words which still ring with prescience. "I know that even a successful war against Iraq will require U.S. occupation of undetermined length, at undetermined cost, with undetermined consequences." (The text of the speech can be found at many sources, including http://www.comm
When a young, vibrant, passionate man stands and presents himself to the nation and the world in such a powerful and prophetic manner, the reasonable person can only listen, and observe, and agree - this man, Barack Obama, has the mind, the heart, and the soul of a leader. I say, let's let him lead. To read Dano's point of view, click here.
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Friday, August 1, 2008
This week's topic: Obama as President?
Please understand the following:
The two of us have flipped a coin to decide who will go "pro" and who will go "con" on the weekly issue. Our posts do NOT reflect our personal politics, and those who know us personally are asked not to attack either of us for being "traitors" to a point of view (see SITE RULES in sidebar). The idea behind what we are doing is to teach everyone (and ourselves) how to better discuss and debate issues without resorting to diatribe, passion, emotion, or any other "less than rational" dialog. Any comment that includes vulgarity, name-calling, or any statements that are not supported by empirical data or honest emotion (without disrespect) will not be tolerated on this blog, and are not welcome here. If you feel strongly about an issue, feel free to say why, but please back your position up with a citation to the reference material from which you learned your point of view.
We intend to support our "pro and con" positions with neutral fact websites or other neutral resources such that every post we make is beyond reproach from a journalistic standpoint. In the case that we get information from a less than neutral website (and we will endeavor to figure this out in advance), we will indicate that in our posts. To the extent that we succeed at this, this site should flourish. We've called it an experiment; this is partly because we don't know if we can do it by the rules, but we will try. We ask only that commenters try as well. Please see the section on site rules in the sidebar. Note that it is our hope that all participants, including your hosts, but also school teachers and college professors will utilize this site to help people learn how argument and persuasion can and should be done. This means there is no room for vulgarity, name calling, or angry and unsupported rhetoric. If you don't follow comment rules, your comment will be removed. Young people may be reading here! Please act accordingly!
For posting rules, which reiterate these points and others, please see the sidebar entitled: Site Rules.
What will follow are individual postings by Dano and Reed on the topic for this week. Please feel free to comment on them, and expect us to comment on each others' posts as well. This is a learning process for us all.
One administrative note: we are attempting to have comments show up immediately under the relevant posts, but this has proven to be a glitch on our hosting site. If you want to see your comment, for now, you must click on the small "comments" link below the post. This will bring up a screen that shows all comments for each post, and you can bring up the original post there as well. We're trying to fix this problem.
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