The Obama Administration

What Happens If There's a Split Decision in Congress on Syria?

Flickr/World Can't Wait
As we begin the congressional debate on whether to launch some kind of strike on Syria, one of the main questions animating the political discussion is, what happens if Obama loses? People are saying some predictably stupid things about it, talking about how wounded Obama's presidency would be, and how he'd no longer be able to get Congress to do his bidding, unlike the last few years, when he got whatever he wanted from Congress. But here's a question: What if a resolution on the use of force in Syria passes the Senate, but fails to pass the House? Right now that looks like a distinct possibility. People doing whip counts based on what members have publicly said (see here or here ) are saying that in the House, a majority of members have either come out against military action or say they're leaning that way. In the Senate things are less clear; most senators haven't said how they'll vote. Of course that could change, but if it doesn't, what happens then? It isn't clear. The...

The Summers Dossier

AP Images/J. Scott Applewhite
To: President Obama From: Your Political Team Re: Larry Summers Vetting Report Dear Mr. President, Welcome home. You have several immense challenges in the coming days and weeks: marshaling support for the Syria attack, dealing with the next artificial budget crisis contrived by the Republicans, and continuing to move forward with implementation of the Affordable Care Act against fierce partisan opposition. This memo on Larry Summers’s confirmation as Federal Reserve Chairman is written with all that in mind. The staff investigation of Summers in anticipation of a potentially bruising confirmation hearing is now complete, and you face a tricky decision. On the one hand, there is no single smoking gun that disqualifies him outright. With a lot of political heavy lifting, we might get Summers confirmed. On the other hand, it would eat up a lot of political capital and credibility at a time when we are seeking to rebuild both, not to incur political debts needlessly. Here are Summers’s...

How To Get Single-Payer Health Care, and More!

Based on Congressional Republicans’ apparently overwhelming opposition to President Obama’s proposal to strike Syrian military facilities in retaliation for the government’s use of chemical weapons, a new way to enact progressive legislation in the United States has become apparent. When he returns from Russia, the president should announce he is scrapping Obamacare and calling on Congress to outlaw all forms of public and private health insurance. Congressional Republicans will respond by extending Medicare to all. The president should call on Congress to repeal the 1938 legislation establishing the minimum wage. Congressional Republicans will respond by raising the wage to $15-an-hour. The president should call on Congress to outlaw unions. Congressional Republicans will respond by favoring card-check in union elections. The president should call on Congress to halve the federal government’s budget across the board, effective immediately. Congressional Republicans will respond by...

The Fundamental Problem with the Argument for Airstrikes

Nicholas Kristof has a column that exemplifies why the case for bombing Syria is so unconvincing. There's a fundamental bait-and-switch at the heart of the article, using the (uncontested) fact that Syrian President Bashar al-Assad is a monstrous tyrant to skate over the question of what exactly airstrikes against Syria would do about it. Over and over again, Kristof notes the death toll of the civil war in Syria: It’s all very well to urge the United Nations and Arab League to do more, but that means that Syrians will continue to be killed at a rate of 5,000 every month. So far, we’ve tried peaceful acquiescence, and it hasn’t worked very well. The longer the war drags on in Syria, the more Al Qaeda elements gain strength, the more Lebanon and Jordan are destabilized, and the more people die. It’s admirable to insist on purely peaceful interventions, but let’s acknowledge that the likely upshot is that we sit by as perhaps another 60,000 Syrians are killed over the next year. Today,...

The Syria Debate Is Very Good for Some People

Flickr/Gage Skidmore
My assumption all along, one I'm still (uneasily) holding to, is that when the debate is over, Congress will give Obama the authority he's asking for to attack Syria, just as it has every other time a president has asked. (There have been a couple of occasions in which Congress voted against a military action, but in those cases the president hadn't actually requested the vote; they were congressional protests against something that had already begun.) But a congressional rebuke, particularly in the House, is starting to look like a real possibility. This is a Congress unlike any that came before it, and the unusual nature of this proposed action—offered mostly as a punishment for something that already happened, with barely a claim that it will do much if anything to stop future massacres so long as they're done with conventional weapons—may combine to set a new historical precedent. It was pretty remarkable to see Republican members of Congress yesterday yelling at John Kerry about...

Obama Punts to Congress on Syria—and Scores

AP Photo/Susan Walsh
AP Photo/Evan Vucci P resident Obama just might pull off his proposed Syria attack. And a limited strike to punish Assad, take out much of his air force, and deter future chemical attacks just might be the least bad of the available options, none of which are good. The strategy might also be astute domestic politics, since it exposes the opportunistic fault lines in the Republican Party and could cast the president as a strong leader for once. One intriguing question that follows from the Syria politicking is why Obama occasionally seems so effective at foreign policy and the attendant domestic politics, and then appears so consistently feckless and disappointing when it comes to domestic policy and politics writ large. More on that in a moment. Six days ago, Obama looked like he’d wimped out again. He had overruled most of his staff, who were counseling a quick strike based on his commander-in-chief authority. Instead, Obama, a reluctant warrior, punted to Congress. The surprise move...

Obama Administration Failing (So Far) to Convince the Public On Syria

We're just beginning to embark on something we only do every few years: have a real, national debate on whether we should start another war. Okay, so this isn't a full-scale war, at least not from our end; to hear the administration tell it, the whole thing could be over in a day or two. But Congress will be officially coming back into session on Monday, and at that point they'll be talking about little else for a couple of weeks. It'll be dominating the news, unless a young singer horrifies the nation by dancing suggestively, requiring us all to drop what we're doing and lament the debased state of America's moral fiber. So far anyway, it's pretty clear that most Americans don't think a military strike against Syria is a good idea. That in itself is unusual; you'd expect at the very least to see a closely divided public. The problem the administration confronts is that there seems to be no one unambiguously in favor of this action. Democrats otherwise inclined to support the...

Information Sharing Is Caring

AP Photo/Carolyn Kaster
AP Photo/Carolyn Kaster M any members of Congress are either yahoos who couldn’t find Syria on a map or partisan hacks who make policy choices purely based on political expediency. And yet: The best thing about President Barack Obama’s decision to ask Congress to authorize a strike against the government of President Bashar Assad is that it increases the chances that the eventual road taken by the United States in Syria will be a good one. In fact, cases such as this one demonstrate the advantages of a more democratic system when it comes to achieving smart policy over a system which relies purely on the rule of experts. The problem for the presidency is always one of information. How do presidents know what policy to follow? In almost all cases, the president cannot fall back on his own personal knowledge. And, as with most presidents, Barack Obama’s personal expertise was quite limited before he entered the White House. So in the first instance, Obama must turn to the departments...

Let's Not Give the White House a Blank Check in Syria

With Congress highly unlikely to take the initiative, Barack Obama did something unexpected and good for American constitutionalism: he asked for congressional approval for military action against Syria. His recognition that warmaking is fundamentally a shared rather than a unilateral presidential power is most welcome. But this victory for a more rational policy process will ring hollow if Congress gives the Obama administration everything it's asking for. Admittedly, not everyone sees Obama asking Congress to fulfill its constitutional responsibilities as a good thing. You may remember the second Bush administration from such events as ... oh, I don't know ... the several catastrophic foreign policy blunders that happened under its watch. Rather than permanently hiding their heads in shame, several architects of these military and human rights disasters are publicly complaining about Obama's turn from presidential unilateralism. John Yoo, the arbitrary torture advocate and producer...

The Republican Team Effort on Obamacare Obstruction

AP Photo/J. Scott Applewhite
When it comes to the Affordable Care Act, you have to give Republicans credit for sheer sticktoitiveness. They tried to defeat the law, but it passed. They tried to get the Supreme Court to declare it unconstitutional, but that didn't work. So now, as the open-enrollment period for the exchanges approaches on October 1, they're thinking creatively to find new ways to sabotage the law. Sure, at this point that means screwing over people who need insurance , but sometimes there's unavoidable collateral damage when you're fighting a war. Their latest target is the Obamacare "navigators." Because not just the law but the insurance market itself can be pretty complicated, the ACA included money to train and support people whose job it would be to help people get through this new system, answering consumers' questions and guiding them through the process. Grants have been given to hospitals, community groups, charities like the United Way, churches, and the like in the 34 states that are...

War Powers for Dummies

Nixon and Kissinger meet with John Wayne, probably to talk about how Congress is a bunch of no-good varmints. (White House photo)
Congress is now debating—informally until they return to session on Monday, formally thereafter—whether we should take military action against the Syrian government. But the Obama administration has made clear its belief that it doesn't actually need congressional approval for the strikes it plans to undertake. Are they right? Herewith, a brief explainer on presidents, Congress, and war powers: Doesn't the Constitution give Congress this power? The Constitution gives Congress the sole power to declare war, but it also says that the president is commander-in-chief of the armed forces. So the way presidents have usually responded is simply by not bothering to ask for a declaration of war when they want to begin a military undertaking. In fact, the last time Congress declared war was in 1942, when it did so against Romania, or as it was known then, Rumania. There were six separate war declarations in World War II, one for each country in the Axis (see here for more detail on our 11 war...

Reefer Madness: The Guide to New Federal Pot Policy

AP Images/Elaine Thompson
AP Images/Elaine Thompson S ince Washington and Colorado voters passed ballot initiatives in November that legalized marijuana in their states, the shadow of the federal government has loomed large. As the months went by and each state went about setting up systems of regulation to determine the minutiae of the policies, there was no word from the Department of Justice (DOJ) on how—if at all—it would respond to these new state laws that directly violate the Controlled Substances Act. Most pressing was whether the DOJ would challenge the laws in court. Both states could finally breathe a metaphorical sigh of relief last week when the Department released a series of guidelines, more than nine months after the initiatives passed, and it became clear the DOJ would not take the states to court. In a memo to U.S. attorneys, Deputy Attorney General James Cole wrote that so long as the state policies did not interfere with federal priorities, U.S. attorneys should not focus on prosecuting...

Syria Turns into a Political Story

President Obama announcing his intention to seek congressional approval for strikes on Syria. (White House video)
So last night I was watching NBC News, and a report on Syria came on, in which Andrea Mitchell spent five minutes talking about whether going to Congress for affirmation of his decision to attack the Syrian government makes Barack Obama "look weak." Mitchell is the network's "Chief Foreign Affairs Correspondent," which is what you call someone who stays in nice hotels and gets talking points from top officials when she travels with the secretary of State to foreign countries. The news is full of this kind of discussion, about whether Obama is weak, whether he "bungled" the decision-making process, how this might affect the 2014 elections, and pretty much anything except whether a strike on Syria is genuinely a good idea or not. Here's The Washington Post 's Chris Cillizza talking up the "massive gamble" Obama is taking—not a gamble on what will happen in Syria, mind you, but a political gamble. Here's Chuck Todd and the rest of the NBC politics crew gushing that this is "a great...

One Small Step for Pot

Flickr/Dank Depot
Yesterday, the Department of Justice finally announced how it was going to deal with the fact that voters in Colorado and Washington passed initiatives legalizing marijuana for recreational use, and the result is surprisingly reasonable. In case you haven't been following this issue, those who'd like to see more enlightened policies on marijuana, which is currently classified as a Schedule 1 drug supposedly as dangerous as heroin or cocaine, have been terribly disappointed in the Obama administration. Could this be a real meaningful change? Despite early suggestions that they wouldn't waste time and resources going after marijuana and a 2009 Justice Department memo instructing U.S. Attorneys to make it a low priority, the war on pot has continued unabated in the Obama years. As Ryan Grim and Ryan Reilly described it earlier this year, "Since the memo, the Department of Justice has cracked down hard on medical marijuana, raiding hundreds of dispensaries, while the IRS and other federal...

Will Congress Continue to Refuse Its War Powers Responsibilities?

AP Photo
Matt Duss has an excellent piece for the Prospect explaining why military action against Syria is probably a terrible idea on policy grounds. In addition to the question of whether the policy is wise, however, it's worth considering whether a unilateral decision to attack Syria by the president would be legal. At the outset, I should make clear that I'm talking purely about legality under domestic law; I'll leave the question of whether military action against Syria is justified under international law to others . I also don't subscribe to the the most formalist conception of the president's military power, which holds that any non-emergency action by the president requires a congressional declaration of war. Military action accompanied by a congressional authorization for military action (as with the second Iraq War) should be considered clearly constitutional, and I'm inclined to think that presidential initiations of military force in the face of congressional silence are...

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