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Recent Articles
Great minds and all that
nadezhda (0)   Sep 21
This Turkey Won't Fly
nadezhda (2)   Sep 21
One picture says it all
nadezhda (0)   Aug 8
Obama's exercise in rhetoric
nadezhda (0)   Jul 24
Obama Grand Tour and McCain Circus Roundup
nadezhda (1)   Jul 21
Biden has Obama's Afghan back = update - and the Pentagon too
nadezhda (0)   Jul 17
Bush's Pakistan-Afghanistan-Iran "legacy" - updated
nadezhda (0)   Jul 17
Then WTF is a "bail-out"?
nadezhda (1)   Jul 16
Blogging making reporters more relevant
nadezhda (0)   Jun 18
Ignatius and Zakaria - new WaPo joint venture
nadezhda (1)   Jun 16
Reasserting US Hegemony: Russian rollback, Chinese containment and Iranian regime change
nadezhda (0)   May 8
What's up
nadezhda (0)   Apr 22
A "paddling" of lame ducks?
nadezhda (0)   Apr 22
Voices of the New Arab Public
nadezhda (0)   Dec 31
Time for a post-post-9/11 world?
nadezhda (0)   Dec 21
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View Article  Do as we say, not as we do
Courtesy praktike's burrowing into the bowels of legal reform programs. From the American Bar Association's program on promoting the rule of law in Central and Eastern Europe, Eurasia and the Middle East, the Judicial Reform Index:
Factor 5: Judicial Review of Legislation
A judicial organ has the power to determine the ultimate constitutionality of legislation and official acts, and such decisions are enforced.

Factor 6: Judicial Oversight of Administrative Practice
The judiciary has the power to review administrative acts and to compel the government to act where a legal duty to act exists.

Factor 7: Judicial Jurisdiction over Civil Liberties
The judiciary has exclusive, ultimate jurisdiction over all cases concerning civil rights and liberties.

Factor 8: System of Appellate Review
Judicial decisions may be reversed only through the judicial appellate process.

Brought to our attention by Digby (and Avedon Carol posting on Eschaton), via a post on judicial review on ars technica. From a Congressional Research Service summary of the provisions of the REAL ID Act, which Sensenbrenner in the House has attached to the supplemental budget for Iraq and Afghanistan.
II. Waiver of Laws to Facilitate Barriers at Border44

Section 102 of the IIRIRA generally provides for construction and strengthening of barriers along U.S. land borders and specifically provides for 14 miles of barriers and roads along the border near San Diego, beginning at the Pacific Ocean and extending eastward. IIRIRA § 102(c) provides for a waiver of the Endangered Species Act of 1973 (ESA)45 and the National Environmental Policy Act of 1969 (NEPA)46 to the extent the Attorney General determines is necessary to ensure expeditious construction of barriers and roads...

H.R. 418 [the Real ID Act of 2005] would provide additional waiver authority over laws that might impede the expeditious construction of barriers and roads along the border. H.R. 418 would require the Secretary of Homeland Security to waive any and all laws that he determines necessary, in his sole discretion, to ensure the expeditious construction of barriers and roads under IIRIRA § 102...

Section 102 of H.R. 418 would amend the current provision to require the Secretary of Homeland Security to waive any law upon determining that a waiver is necessary for the expeditious construction of the border barriers. Additionally, it would prohibit judicial review of a waiver decision or action by the Secretary and bar judicially ordered compensation or injunction or other remedy for damages alleged to result from any such decision or action.


Hey, prak, maybe it is time for you to get shrill again, after all.

View Article  Warren Buffet is Making Sense
Gee, when you put it that way ...

DOBBS: Are you surprised when you focus on the two deficits we just talked about, the trade deficit, and the budget deficit? The budget deficit is 3.6 percent of our GDP. The trade deficit is reaching just almost 6 percent of GDP. And the president is talking about reforming Social Security. Does that surprise you?

BUFFETT: Well, it's an interesting idea that a deficit of $100 billion a year, something, 20 years out, seems to terrify the administration. But the $400 plus billion dollars deficit currently does nothing but draw yawns. I mean the idea that this terrible specter looms over us 20 years out which is a small fraction of the deficit we happily run now seems kind of interesting to me.

Note: Warren Buffett is a very rich and successful man. George W. Bush has failed at nearly everything he's tried. To whom would you go for advice?
View Article  Turning up the volume?
[Cross-posted at Liberals Against Terrorism]

Praktike points us to some China-related comments from Chairman Greenspan today. The China remarks appear in a column by Greg Ip (WSJ) -- see prak's post -- who reported on comments that weren't in the Greenspan statement (which was all budget process), Ip characterizes Greenspan as "the latest U.S. official to turn up the volume on China."

Ip is far more experienced at Greenspan-ology that I, but I have a decidedly different take on today's comments. Seems to me Greenspan's telling folks to cool their jets. That a revaluation of the yuan is going to happen when it's in China's interest and they're not going to be pressured into it. Pressure is, if anything, counter-productive because it produces cross-the-board tensions that are really quite unncessary.

Greenspan indicated, and I agree, that the Chinese know full well that it's -- sooner or later (and increasingly sooner) -- going to be necessary to revalue. They've been openly trying to prepare for it for some time -- especially in their financial system (which as we all know isn't the strongest, to put it politely). In fact, as Greenspan seems to have noted according to Ip, one of the main pressures for revaluing is increasingly the strains on their financial system from the hot money they can't sterilize and the asset bubbles and over-investment in some regions and sectors. All that is undermining many of the benefits they're trying to extract from the current exchange rate as well as their ability to manage macro policy.

I'd expect that Greenspan's real audience for the comment about the revaluation sooner rather than later is the markets -- there are a lot of concerns about too rapid a readjustment, the impact on global growth, and a hard landing. For the masochists among us, Brad DeLong has been keeping a running inventory of "hard landing" fretting and commentary over the past few days (from David Altig, Bruce Barlett, and Krugman & Setser).

I read Greenspan's China remark as similar to his comment about oil prices a couple of weeks ago -- that they'll work their way through the global economy in a fairly orderly adjustment of supply and demand. So Greenspan's trying to keep everybody calm.

I think he's also signaling to Congress that their impatience is both unnecessary and not doing the markets any good. American business is concerned about all the trade war noises. A big tariff increase may make "good politics" domestically, and it may seem to some not materially different from an exchange rate adjustment in macroeconomic theory. But in practical terms, it sure doesn't make American businesses who actually have to produce and sell stuff happy to hear about big unilateral tariffs against a key trading partner, and it shouldn't make their employees happy either.

As The Economist notes today in a piece on Congress' new-found love-affair with protectionist noisemaking, even the National Association of Manufacturers isn't keen on the tariff games.
Nobody in Congress, alas, seems to care about breaking WTO rules. The aim is to be seen to be bashing China loudly. Mr Bayh is holding up the confirmation of Rob Portman, the new trade representative, until his bill is voted on. Meanwhile, in the House of Representatives, Duncan Hunter, a conservative Republican, and Tim Ryan, a Democrat, have cooked up a law that allows American companies to use “exchange-rate manipulation” as a reason for demanding protection under America's trade laws. And the Congressional China Currency Action Coalition has filed a Section 301 petition asking the Bush administration to file a formal case to the WTO complaining about the yuan.

In the 1980s, a rising trade deficit—at that time with Japan—fueled protectionist pressure in Congress. Ronald Reagan introduced the notorious “voluntary export restraints” on Japanese steel and cars. The Reagan team also abandoned its laisser-faire attitude to currency markets and, through the Plaza Agreement, engineered a sharp drop in the dollar.

The current bout of China-bashing is not a replay of the 1980s. Back then, large American firms, particularly the Detroit car giants, led the clamour for protection. Now big business, which relies heavily on Chinese inputs, is quieter. The shouting comes from smaller American suppliers. And even the noisier business groups, such as the National Association of Manufacturers, are relatively nuanced. Though the NAM wants Beijing to revalue the yuan, it does not support the Schumer bill.

I just love how every time the chickens start coming home to roost from the pursuit of bad (or non-existent) US policy, the US politicians (of both parties I might add) all run to blame somebody else. Doesn't strike me that Greenspan is falling into that old bad habit. But it's pretty disgusting when it comes from the profligates who have been at least titularly in charge of conducting US economic policy like Snow, and I don't have much more patience for grandstanding from folks who should know better like Schumer and Bayh.

If Democrats want to turn up the volume, let's start with making noise about the ridiculous energy bill that's actually being voted on in the House but that could, if enough Senators got behind some of the more sensible proposals out there, be changed in the Senate with, I might add, some White House support. (The House bill's so bad even Bush bashed it this week.) Hey, and where was the volume on the estate tax or bankruptcy bills that really mean something directly to people? Nah, it's easier to blame somebody else for the consequences of the consumer-spending and debt binge we've enjoyed for years. Sheesh!

BTW -- Just to respond to Roubini's remark that prak quotes in his post on Greenspan. I disagree with the emphasis by Roubini and many others on the loss of value of foreign reserves as one of the major pressures on the Chinese to revalue early. Hey, it's only money. The Chinese have humongous problems they're trying to grow their way out of -- e.g. SOEs, banking system, labor mobility, development in inland regions. 16% of one year's GDP doesn't look like all that outrageous a price tag when you look at things from their perspective.

UPDATE re the reserves losses discussion: For more on the impact of losses on reserves held by the PBoC (Peoples Bank of China), see this post from Brad Setser yesterday. He concludes:
The PBoC may still have a positive cash flow, but it is sitting on a large expected valuation loss on both its dollar and its euro reserves. Diversifying out of dollars does not help much; the best way for the PBoC to reduce its prospective loss is to stop adding to their reserves. And in any case, it might want to start provisioning against that future loss now ...

The real debate here is not whether the losses are "just paper" losses or not -- the losses from a revaluation would be very real, though they could be partially offset by the PBoC's ongoing profits from issuing renminbi cash. The real question is whether these mounting losses are a worthwhile price to pay to sustain China's rapid export growth for a while longer.

And as I suggested, at least until recently when some of the downside of an overvalued currency started undermining the gains, the answer from the Chinese has clearly been "It's worth it." I see them in quite a different position from other Asian central banks who are being forced to digest a lot more dollars than they'd like.

In the comment thread Brad also helps sort out some of the confusions that are common in discussions of the risks of revaluation to China's banking system. Worth a read.
View Article  Phony Baloney
"I was telling Mother in the limousine — I don't remember talking to her about 401(k)s when I was a little guy," Bush said. "I don't remember IRAs, defined contribution plans. This world has changed since I was raised. There's a lot of young kids who now understand what it means to invest, they're comfortable with watching their money grow."

Wonder why he doesn't remember talking about retirement plans with his parents? Are tax shelters considered retirement vehicles?
View Article  ANWR, RIP
Alas:

Amid the backdrop of soaring oil and gasoline prices, a sharply divided Senate on Wednesday voted to open the ecologically rich Alaska wildlife refuge to oil drilling, delivering a major energy policy win for President Bush (news - web sites).

The Senate, by a 51-49 vote, rejected an attempt by Democrats and GOP moderates to remove a refuge drilling provision from next year's budget, preventing opponents from using a filibuster — a tactic that has blocked repeated past attempts to open the Alaska refuge to oil companies.

... not completely over yet, as the Times explains:

For drilling to take place, the Senate will later have to pass a measure explicitly authorizing the opening of the wildlife refuge to drilling, something that until now has been prohibited. Then the House of Representatives would have to explicitly authorize drilling as well.

UPDATE: Steve Soto has an interesting theory on why Hawaii's two Senators voted to drill.
View Article  Compromise
Publius has been on a roll lately, what with Sir Bork rescuing the fair maiden Original Understanding from the evil denizens of the Enchanted Liberal Forest and Publius himself tracing a path back to the foundation on which liberalism stands. So I can't call today's contribution "the best," but it's well worth a read, both for entertainment value and for a sober message.

Let me set the scene. This is the entr'acte before the curtain rises on Act II of our Social Security drama. After Act I, during which the Democrats have for most purposes won on the grounds that the emperor's wardrobe is empty, the story shifts to a search for new ways for the Democrats to defeat themselves. In this scene, a nice little bait-and-switch farce, the punditocracy has become complicit, even if unwitting in some cases. And here the pundits find themselves on much more comfortable ground -- not substance, mind you, but opining on the elaborate gavotte of power politics. They know the notes, and they're singing them from the chorus, but Publius to their distress isn't following the score. So they sing even louder the inevitable calls for a gesture from the victorious of "compromise for the greater good" -- though in this case it seems a bit premature given the fragility of the apparent victory in what has been so far merely a minor skirmish in Act I.

As Publius warns, compromise is only possible if two sides are basically talking about the same thing. When they're not, suggestions of compromise are simply... well, read it.
View Article  Cool, Refreshing Chaiterade
I'm enjoying Jon Chait's blogging chez TPM. He notes today that America's elderly are by and large opposed to privatization because they're nice people who care for their families and fellow Americans. I can't help thinking, though, that the way Bush sneers, "you'll get your checks" has to bother a lot of these folks. It bothers me. It just sounds so ... condescending. Nasty, even.

That said, apparently according to John Zogby (and Nadezhda) there is, in fact some empirical support for the Mallabyian conventional wisdom that the Democrats need to do something to show that they, too, believe in some kind of opportunity society.
View Article  Did David Brooks Just Compare Josh Marshall to Yasir Arafat?
I think he did. But I'm not sure. Is he serious? Should I laugh at this, or be grossly offended? Chait? Yglesias? DeLong? How do you feel about being compared to Yasir Arafat?
View Article  "The Pravdafication of Civic Discourse"

In the spirit of Sunshine Week, I've decided to come out of my hidey-hole as regards domestic policy and recommend this piece by Josh Marshall. Reading it has left me with a palpable sense of disgust and powerlessness. What can I do about it? I'm pretty damn sure that destroying NPR is not the answer.

I can't help but think that MoveOn.org really ought to be training its guns on this broader issue rather than on the John Bolton nomination, as lousy a choice as he seems to be. Likewise, the ACLU is busy suing Donald Rumsfeld. I suppose it's not a question of either/or and Bolton and Rumsfeld are surely worthy of attention in many ways, but still, I find it odd that what seems to really animate both organizations is opposition to the Bush administration's foreign policy rather than the underlying culture that enables it--call it Pravdafication, Putinization, whatever. Maybe DailyKos will awaken from its self-indulgent navel-gazing and pitch in?

{update to fix typo & double-posting}
View Article  Mark Schmitt = Genius
Buried in his post on "The Kilgore Switch" is this gem:
I think the next time Bush utters his favorite line, "I won't negotiate with myself," someone should say, "I don't blame you -- I wouldn't negotiate with you either."
Not that anyone would actually get the opportunity to debate Bush on this issue ... but still.

Zing!