George W. Bush's Stunning Disregard For The Law

Remember grade school civics? Remember being taught that the legislative branch of government makes the laws, the judicial branch interprets the laws, and the executive branch enforces the laws? Most of us learn at a young age that the civics lesson is more hope than reality, but few realize just how completely broken the system of checks and balances really is.

In an important and disturbing piece (registration required) by staff reporter Charlie Savage, the Boston Globe today reveals that, "Since taking office in 2001, President Bush has issued signing statements on more than 750 new laws, declaring that he has the power to set aside the laws when they conflict with his legal interpretation of the Constitution."

In contrast, President George H.W. Bush in four years challenged 232 statutes, while Bill Clinton in eight years "only" challenged 140. George W. Bush has set aside more than 750 laws in only five years, effectively turning the Congress into a kind of Saddam-era Iraqi Parliament that only gets to make suggestions to the Usurper In Chief.

Here are some outrageous examples from the Globe story:

March 9: Justice Department officials must give reports to Congress by certain dates on how the FBI is using the USA Patriot Act to search homes and secretly seize papers.

Bush's signing statement: The president can order Justice Department officials to withhold any information from Congress if he decides it could impair national security or executive branch operations.

Dec. 30, 2005: US interrogators cannot torture prisoners or otherwise subject them to cruel, inhuman, and degrading treatment.

Bush's signing statement: The president, as commander in chief, can waive the torture ban if he decides that harsh interrogation techniques will assist in preventing terrorist attacks.

Aug. 8: The Department of Energy, the Nuclear Regulatory Commission and its contractors may not fire or otherwise punish an employee whistle-blower who tells Congress about possible wrongdoing.

Bush's signing statement: The president or his appointees will determine whether employees of the Department of Energy and the Nuclear Regulatory Commission can give information to Congress.

Dec. 23, 2004: Forbids US troops in Colombia from participating in any combat against rebels, except in cases of self-defense. Caps the number of US troops allowed in Colombia at 800.

Bush's signing statement: Only the president, as commander in chief, can place restrictions on the use of US armed forces, so the executive branch will construe the law ''as advisory in nature."

Between a president that ignores the laws and a Roberts Supreme Court that could turn out to the most reactionary activists in the history of the country, the US Congress may well be the most irrelevant legislative body in the world. I know it sounds like a cliche, but it is long past time for we the citizens to take our government back.

Your Tax Dollars At Work

According to this morning's Journal-Sentinel, from 2002-2005 the eight members of Wisconsin's Congressional delegation spent nearly $1.7 million on "franked mail" privileges.

We are mostly paying for these characters to send us newsletter propaganda, which according to the Journal Sentinel story are designed to make them look like "men and women in action":

• Democrat Ron Kind of La Crosse appears in the classic turkey hunter's pose, wearing camouflage, bearing a shotgun and fanning the feathers of his kill. In another shot, he's touring a dairy plant in a white lab coat and hairnet.

• Republican Tom Petri of Fond du Lac tests a General Motors prototype hydrogen car.

• Democrat Tammy Baldwin of Madison turns up in biking gear on a state trail.

• Democrat Gwen Moore of Milwaukee touches a patient in a wheelchair at Zablocki Veterans Affairs Medical Center.

Mark Green, Republican governor wannabe, spent $1,600 to purchase and mail calenders to municipal officials in the state. Now there's a fiscal conservative for ya'.

The story points out also that in 2004, 98% of the incumbents won their seat back. Isn't a good feeling to know that your tax dollars are helping people keep their jobs?

Interview With Michael Hopkins

The Radio Commentary interview with music critic Michael Hopkins can be found here. I think this is one of the better Radio Commentary shows. We talk mostly about Neil Young and "Living With War." Four songs are played during the interview: "Cops of the World" by Phil Ochs, and then by Neil Young: "Living With War," "Let's Impeach the President," and "Rockin' in the Free World." Many thanks to Abby Zellmer for a great job of producing.

Meanwhile Fox News' John Gibson (the "War on Christmas" dude) lays out what will be the wingnut critique against Young. Sounds like he'd like to see the "Canadian singer who's been living in the U.S. for the last 40 years" take up residence at Abu Ghraib.

"I have here in my hand a list of . . ."

There I am at the Appleton Public Library on Thursday night with Brian Farmer (left) and Michael Bergan, doing my best impression of Joe McCarthy delivering his famous Wheeling, West Virginia speech of February 9, 1950. Many thanks to Chuck Miller for the photo.

Brian and I repeated many of the themes found in our Valley Scene essays. An audience of about 75-100 people (close to full capacity in the basement meeting room) watched "Good Night, and Good Luck" and then I delivered some remarks, followed by Brian and Michael. Audience members then made comments and asked questions. Appleton Public Library director Terry Dawson was beaming after the event, claiming it fully met his expectations and was very educational.

I was thrilled to have the oppportunity to speak. Many thanks to the Appleton Public Library and the Valley Scene for sponsoring such a special event.

Living With War Is Here!

I have to admit I did not expect much from this album. From the press reports it seemed like it may have been rushed and overly sloppy; an aging rocker jumping on the BBB (Bash Bush Bandwagon).

Well, I am pleasantly surprised to say that the album sounds inspired--has the energy of the electric side of 1979's Rust Never Sleeps, which till now has been my favorite Neil album.

I'm not too proud to admit that the song "Living With War" literally brought me to tears this morning. Even though the United States has been at war or contributing to war somewhere, someplace almost continuously since WWII, our hyper-consumer culture, cartoon media, and all volunteer military allow most of us to ignore or forget that fact. The song "Living With War" simply and powerfully reminds us what we are in fact living with every day.

Good job Neil. You can listen to the entire record here.

Michael Hopkins to Discuss "Living With War" on Radio Commentary

Neil Young is set to audiostream Living With War off his website some time on Friday. To mark the event, I will be discussing Neil's music on Radio Commentary with Michael Hopkins. Michael has written about the arts for the Philadelphia Inquirer, Milwaukee Journal Sentinel, Philadelphia Weekly and MAGNET Magazine, along with the Valley Scene. Radio Commentary airs on Friday from 6:20 - 7:00 p.m. on WRST 90.3 FM.

Neil's calling "Living With War" a "metal version of Phil Ochs." I guess that means he ain't marchin anymore. Also means he's sick of Uncle Sam being the Cops of the World.

Radio Commentary is a live call-in show (920-424-3113 or 920-424-0444).

Thursday: Free Showing of "Good Night, and Good Luck"

Just as a reminder, the Appleton Public Library and the Valley Scene are sponsoring a FREE showing of "Good Night, and Good Luck" on Thursday, April 27 at 6:30 p.m. at the Library (225 N. Oneida St.).

After the movie, Brian Farmer and I will be discussing Murrow v. McCarthy. Also speaking will be Mike Bergan, a retired Mass Communication teacher at Appleton East who currently overseas a "Media Matters" program at the Library.

Sign Petition: Get Country Joe & Canned Heat in the Rock and Roll Hall of Fame!

Okay, so for all the sold out, aging, hemorrhoid-pained, hypocritical ex-hippies out there looking to recreate the acid hazed joy of days of future passed, here's your chance: Sign an online petition in support of getting Country Joe McDonald and Canned Heat into the Rock and Roll Hall of Fame. And if you're young and cool, or just want to do something to humor your parents, you should sign the petition too. (Someday you'll be sending around a petition trying to get Death Cab For Cutie into the Hall and you'll feel much better about doing that if you support Country Joe and Canned Heat today.).

In the 1960s Country Joe and the Fish released the most memorable anti-war song of the era, "I Feel Like I'm Fixin' to Die Rag." He's still folk-rockin'; his recent "Cakewalk to Baghdad" is one of the best songs of this decade IMHO.

As for Canned Heat, their "Going up the Country" remains as THE song of 1969, a Woodstock-era anthem that to this day makes you want to roll-up for the mystery tour every time it comes on. The late Bob "The Bear" Hite could belt out a blues tune with the best of them, as evidenced by the hit "Let's Work Together." Alan Wilson was one of the most unique rock/blues vocalists of all time, sounding like Billie Holiday on hallucinogens on tunes like "Going up the Country" and "On the Road Again." He committed suicide in 1970, but his death is never mentioned in the same vein as Hendrix, Joplin, or Morrison. Yet if there is a rock and roll heaven, my guess is that Elvis is probably jamming with Wilson--two white guys who put a refreshing pale twist on the blues. (Assuming that Elvis is really dead, of course (:-)).

So do something for America. Do something for your parents. Do something for your children. Sign the Country Joe/Canned Heat petition today.

DNR: Floating Docks Can't Swim

The 2005 Oshkosh Common Council will long be remembered as the gang that said yes to charging a fee for a need--garbage collection--at the same time finding money for a classic "want": floating docks. With the election of Dennis McHugh and with Mr. Bain taking the leadership to encourage citizen input, there is still a chance to defeat the garbage fee.

Now it looks like the Department of Natural Resources may sink the floating dock. Alex Hummel reports that the city's dock permit may be nixed due to environmental concerns. A rejection of the permit would mean the city could cancel the plan to borrow $284,900 for the dock.

I'll bet that the late Otis Redding would have voted for the dock, maybe even would have been sittin' on it, wastin' time.

Yo-Yos Take On Yo-Yos

A few years ago Green Bay Press Gazette columnist Lou O'Malley argued that the only solution to Wisconsin's pervasive legislative corruption was to vote out of office every single incumbent. He had in mind all 33 members of the state senate and all 99 members of the assembly. Even though most of the incumbents are not directly implicated in corruption, and even though most of them are very nice people, only a complete house cleaning would get the legislature back on track.

I bring this up because today's announcement by Representative Vruwink and Senator Lassa concerning their intent to hold a hearing on the dastardly yo-yo waterball toy is a classic example of what's wrong with the legislature.

Without question the yo-yo waterball is a dangerous toy that should be banned. Illinois has already banned the toy while federal legislation remains stalled in committee. So I am not making light of the danger posed by the toy or suggesting that Wisconsin shouldn't act while the feds do nothing.
What I'm troubled by is that all it took for the dynamic duo of Vruwink and Lassa to act was "a complaint from a constituent." Indeed, all members of the legislature are willing to act on "a complaint from a constituent" when the issue is risk free and makes the representative(s) look like the saviors of children and everything else decent and good in our land.

Why is it that "a complaint from a constituent" is not enough to hold hearings on lobbyist control of the legislature? Why is it that "a complaint from a constituent" is not enough to hold hearings on how the closed partisan caucuses are an abuse of the open meetings law? Why is it that a "complaint from a constituent" is not enough to hold hearings on the excessive sacrifice being asked of the National Guard and Reserves?

You get the idea.

I understand that politicians will frequently exploit "slam dunk" issues like banning a dangerous toy in an effort to look responsive and heroic. But wouldn't it be nice if every now and then the politicians announced an intention to hold hearings on something that might actually rock the boat of the power brokers running the show in Madison? Wisconsin's legislature used to have a few risk-taking boat rockers.

Now we've got yo-yos.

Early Eye on Oshkosh: Shout Fest?

Stew Rieckman says this about Eye on Oshkosh, yesterday and today:

"Hentz, meanwhile, moved freely between the roles of freelance journalist, television host, Web master and candidate with an ease that confounded and flummoxed me. The fact that the early years of Eye on Oshkosh were shout fests with rare moments of substance did not enhance her standing in my eyes. However, if you haven’t tuned in recently, you have missed the fact that Hentz and her regular co-host Tony Palmeri have elevated Eye on Oshkosh into a program that is taken seriously for it’s discussion with newsmakers about local public affairs."

As an alpha gnat, I suppose I should appreciate the Everyday Editor's crediting of Cheryl and I with "elevating" Eye on Oshkosh. However, I sincerely believe that the program has always been of high quality, whether it was co-hosted by my badly gnatted self or by Melanie Bloechl. In fact, when Stew talks about the show being a "shout fest" in its early years he is really taking a not so subtle shot at Bloechl, whom he has been at odds with since her days on the Oshkosh Common Council.

I think Bloechl and I bring different qualities to a show like Eye on Oshkosh. Though I am from a solidly working class family (father a shoemaker, mother a McDonald's worker) and identify strongly with the blue collar Joe Lunchbuckets, my position as a college professor doesn't always lend me credibility in that role. Melanie, on the other hand, provided Eye on Oshkosh viewers with a more no-holds-barred, "call it as I see it" approach to hosting. I don't see that what Cheryl and I do on the program is any better than what Cheryl and Melanie did--I think it's different. For people who like a more reserved, journalistic type of program, then the Hentz/Palmeri program is probably preferable. But for people who believe that cable access television should really be a voice of the grassroots in all its glory or gruffness, then the Hentz/Bloechl program gets high points.

I believe both versions of Eye on Oshkosh were/are valuable and that there is ample room on cable access for both types.

Fund on Cole: Real Libel?

Locally, the Fremgen v. Full of Balogna affair provided an opportunity to learn about legal standards for libel and defamation.

Today, wingnut apologist John Fund of the Wall Street Journal launched into a tirade against University of Michigan History Professor Juan Cole, whose award-winning Informed Comment Blog is one of the most popular dealing with mideast issues. In his response, Cole says the Fund piece libels him and is "an apparent attempt to interfere with my professional life." (Cole may soon receive an offer of a professorship at Yale).

Some scholars have suggested that in situations like this, the Wall St. Journal should by law have to provide Cole with the space to reply to the attacks on his reputation that appear in their pages. In Miami Herald v. Tornillo (1974), the Supreme Court rejected a mandatory "right of reply." If the Wall Street Journal had any decency, however, they would not have to be legally prodded to give space to Cole. Rather, they would invite him to respond. Don't hold your breath waiting for that to happen.

Hear John Lennon From The Other Side -- For $9.95

Perhaps in a fit of jealousy over all the attention Elvis received after he left the building, John Lennon is allowing himself to be heard in a seance. You can hear the Peace Beatle for only $9.95.

I suspect he will come through singing "God."

Perhaps he will verify this little tale . . .

Doyle Should Veto Guard Deployment

Less than 3 weeks after 24 Wisconsin cities, towns, and villages said yes to referendum questions asking for immediate withdrawal from Iraq beginning with the National Guard and Reserves, 430 additional members of the Guard were shipped out on Saturday. According to the Associated Press, “With this latest deployment, the state has sent roughly three-fourths of the Guard's 9,700-members to serve on active duty since the terrorist attacks in 2001. The 1157th Transportation Company of Oshkosh will begin active duty in June with about 160 soldiers.”

According to the Wisconsin Constitution (Article V, sec. 4), the governor is the commander in chief of the military and naval forces of the state. Governor Doyle should use that power, and the power granted him by the 1986 Montgomery Amendment, to veto the Bush Administration’s order to deploy the 430. Such an action would provoke a much needed court battle over whether the Iraq War represents, as I and many others believe it does, an abuse of the federal government’s power over the Guard and Reserves.

In 1933, the US Congress declared that any state’s National Guard unit could be called into federal service during periods of national emergency. In 1952 the Congress eliminated the national emergency requirement, but provided that a federal call-up of a state National Guard unit required the consent of the governor of the state.

In 1986, after some governors withheld their states’ National Guard members from Reagan Administration military training initiatives in Central America, Congress responded with the Montgomery Amendment. The Amendment states that, “The consent of a governor . . . may not be withheld (in whole or in part) with regard to active duty outside of the United States, its territories, and its possessions, because of any objection to the location, purpose, type, or schedule of such active duty.”

Minnesota Governor Perpich took the Department of Defense all the way to the Supreme Court, which in 1990 ruled unanimously that the Montgomery Amendment was Constitutional. However, the Court’s decision included a caveat that would seem to allow any current governor to veto a deployment to Iraq. The Court said:

“The Minnesota unit, which includes about 13,000 members, is affected only slightly when a few dozen, or at most a few hundred, soldiers are ordered into active service for brief periods of time. Neither the State's basic training responsibility, nor its ability to rely on its own Guard in state emergency situations, is significantly affected. Indeed, if the federal training mission were to interfere with the State Guard's capacity to respond to local emergencies, the Montgomery Amendment would permit the Governor to veto the proposed mission.” (italics added).

We are now long past the time of talking about “a few dozen, or at most a few hundred, soldiers are ordered into active service for brief periods of time.” As noted earlier, three-fourths of our state’s 9,700-members have served in active duty since 2001. Many of them have had their tours of duty extended against their will. Should Wisconsin suffer a natural disaster, we will face the same tragedy faced by Louisiana when huge numbers of military forces and equipment that could have helped with Katrina rescue and recovery efforts were deployed instead in Iraq.

Jim Doyle should veto the mission of the 430 and cite the Montgomery Amendment in doing it. He can also argue that the April 4th referendum results represent convincing evidence that his state's residents do not support the continued exploitation of the Guard.

Happy Birthday, WRST

WRST-FM 90.3 celebrated its 40th birthday on April 20th. Yesterday I had the privilege of interviewing Robert L. "Doc" Snyder on Radio Commentary. Doc founded the station in 1966 and has been the host of "Doc's Jazz City" since that year! The show is now aired on Mondays from 5-6 p.m. on WRST. In the Radio Commentary interview, Doc and I talk a little nostalgia, a little politics, and lots of jazz.

Today there was a WRST 40th birthday meet and greet at the New Moon Cafe, and I met Joy Cardin! She's extremely cool.

In honor of the 40th birthday, here's Bart Simpson and Michael Jackson singing Happy Birthday to Lisa.

Neil Blogs; Takes on the Southern Man Again

Neil Young has an anti-war album, "Living With War," coming out soon. One of the songs advocates impeaching George Bush. Go to the Huffington Post to watch a video of Neil explaining himself to an interviewer who should be in the running for Twit of the Year honors. (I don't think she's bad enough to top the Watertown Common Council).

Neil's even blogging!

Being that Dubya's from Texas, this looks like another case of Neil taking on the Southern Man.

GOP outfoxed while Dems get out of the way

You know things are going downhill for George W. Bush and the Republican congress when even Fox News can no longer hide the bad news. The most recent Fox poll found the president's approval rating at 33%. That's Nixon-during-Watergate territory.

Meanwhile only 25% approve of the job the Congress is doing, with 54% agreeing that this is a "do-nothing" Congress.

What's shocking about this is that it's still not clear that the Democrats will make any significant gains in November. Last night at UW Oshkosh, Code Pink's Medea Benjamin explained why. She said consultants have advised the national Democratic Party that "when a tree is falling, the best thing to do is get out of the way." Indeed, that does seem to be the Democrats' strategy right now, which explains the party leadership's lukewarm or no support at all for even mild gestures like Feingold's censure resolution or Jack Murtha's plan to redeploy the troops in Iraq.

Official Recount Minutes + Monte's

The official minutes from the Oshkosh Area School District Board of Education election recount can be found here. I would like to thank Teresa Thiel for passing them on to Talk To Tony. Some parts of the minutes are in bold/italics. The bold/italics were placed there by ME and were not bolded/italicized in the original (I bolded/italicized those parts I found interesting and/or were parts of discussion on this and other blogs.).

Michelle Monte's minutes/notes from the recount can be found here.

Union of Concerned Scientists--Bunker Buster: The Movie

Explosive stuff. (pun intended).

See also Dr. Kurt Gottfried's statement, "Administration's Nuclear Saber Rattling on Iran Threatens Global Security."

Herzig, Shields Walk the Walk

Jeff Herzig, the outgoing president of the Oshkosh Student Association, calls for increased student participation in this week's Advance-Titan:

"As I depart though I need to mention some concerns that I have which focus on student apathy. It’s disturbing to see and hear students not care about the issues that affect them on campus, and in the state. Many students here at UWO don’t realize how much they can influence changes if they were to just get involved and help out. Students here at UWO are respected and encouraged when they participate, and OSA works hard to maintain that image. We could be even more effective if more students got involved and participated within OSA in some function."

An example of excellent participation is outgoing OSA vice-president Tom Shields. He has just been named as the first non-traditional student rep on the System Board of Regents. This is not only great news for Tom, but great news for our campus also. Over the last few weeks it appeared as if we were coming dangerously close to once again becoming a campus that appears preoccupied with partying as the "pub crawl" seemed to be the only issue getting any sustained attention on campus.

Many thanks to Jeff Herzig and Tom Shields for not only talking the talk, but walking the walk on student participation.