One Amendment from Column A, Another from Column B A week ago, Justice Anthony Kennedy was a liberal hero. Joining the court’s four liberal jurists, he declared that while 9/11 may have changed everything, it didn’t change the constitution. Despite statements by the Bush Administration to the contrary, Guantánamo is not a legal no-man’s land. POWs being held at America’s Devil’s Island now have the right to challenge their detention in federal courts. “Thank God,” an editorial cartoonist friend told me after Kennedy cast the deciding vote in a 5-4 decision restoring habeas corpus. “We were one vote away from fascism.” Antonin Scalia’s dissent–“[granting Guantánamo detainees the right to a fair trial] will almost certainly cause more Americans to get killed”–was widely ridiculed as baseless and hysterical. What a difference a week–and your politics–make. Then Kennedy cast the swing vote in another major decision. Declaring Washington D.C.’s handgun ban unconstitutional, he accepted the NRA’s argument that the Second Amendment’s reference…

Vital Businesses Need Nationalization The gas station attendant came outside. Wow, I thought, full serve! Ignoring me, she flung a magnetic price decal on top of the price per gallon. Regular unleaded had gone up 20 cents in the time it took me to drive from the curb to the pump. “You’re kidding me,” I moaned. “It’s 3 o’clock,” she shrugged. “Just got the new price.” There has to be a better way, I thought. And there is. It isn’t drilling in the Alaskan wilderness. It sure isn’t John McCain’s plan to offer $300 million to the first person to come up with a longer-lasting car battery Gas prices could hit $7 a gallon before long, Wall Street analysts say, but Americans–always optimists!–take a little comfort in the fact that Europeans have paid more than that for years. But a lot of foreigners are laughing at us even harder than we’re laughing at the Euros. Did you know that Venezuelans…

Vital Businesses Need Nationalization The gas station attendant came outside. Wow, I thought, full serve! Ignoring me, she flung a magnetic price decal on top of the price per gallon. Regular unleaded had gone up 20 cents in the time it took me to drive from the curb to the pump. “You’re kidding me,” I moaned. “It’s 3 o’clock,” she shrugged. “Just got the new price.” There has to be a better way, I thought. And there is. It isn’t drilling in the Alaskan wilderness. It sure isn’t John McCain’s plan to offer $300 million to the first person to come up with a longer-lasting car battery. Gas prices could hit $7 a gallon before long, Wall Street analysts say, but Americans–always optimists!–take a little comfort in the fact that Europeans have paid more than that for years. But a lot of foreigners are laughing at us even harder than we’re laughing at the Euros. Did you know that Venezuelans…

The System Works? Not Really Tens of thousands of innocent detainees have passed through Guantánamo, Bagram, Abu Ghraib, Diego Garcia and other U.S. torture facilities. Thousands remain “disappeared,” possibly murdered. Some may be on one of the Navy vessels recently revealed to have been repurposed as prison ships. Dozens have been beaten to death or killed by willful medical neglect. For seven years, the Bush Administration, the Democratic Congress and its media allies have denied “unlawful enemy combatants” (or, as Dick Cheney called them, “the worst of the worst” terrorists) the right to habeas corpus, the centuries-old right of persons arrested by the police to face their accusers and the evidence against them in a court of law. Thanks to a 5-4 decision by the Supreme Court, America’s latest flirtation with fascism is coming to an end. Parts of the infamous Military Commissions Act of 2006 that eliminated habeas corpus have been declared unconstitutional. Prisoners at Guantánamo and possibly other…

The U.S. Has Rivals and Competitors, Not Enemies “A Gallup poll,” Libby Quaid wrote for the Associated Press on June 2nd, “found that two-thirds of [Americans] said they believe it would be a good idea for the president to meet with the leaders of enemy countries.” Who are they referring to? An enemy is a country with whom a nation is at war. “Enemy countries”? We have enemies (hi, Osama). We have critics. We even have competitors. But the United States doesn’t have enemy countries. September 11 aside, citizens of the United States should feel secure. We border big oceans and two close allies–more like wholly owned subsidiaries. As for the rest of the world, well, they’ve been pretty nice to us. Not that we deserve it. Since 1941, the U.S. has attacked, among others, North Korea, North Vietnam, Cuba, Cambodia, Laos, the Dominican Republic, Guatemala, Grenada, Panama, the Philippines, Libya, Iran, Somalia, Yugoslavia, Haiti, Sudan, Afghanistan and Iraq. Not…

Why Does the Media Cover Up War Crimes? In last week’s column I cited New York Times reporter Eric Lichtblau as a prime example of what ails us: reporters who don’t report, a.k.a. journalists who love the government too much. When Lichtblau found out that the Bush Administration was listening to Americans’ phone calls and reading their e-mail, he decided to hold the story. Instead of fulfilling his duty to the Times’ readers and running with it, he asked the White House for permission. By the time the NSA domestic surveillance story finally ran, 14 months had passed–and Bush had won the 2004 election. Again, in a May 17th piece bearing the headline “FBI Gets Mixed Review in Interrogation Report,” Lichtblau is running interference for the government. “A new Justice Department report praises the refusal of FBI agents to take part in the military’s abusive questioning of prisoners in Guantánamo Bay, Iraq and Afghanistan,” begins the article, “but it also…

How the New York Times Won 2004 for Bush Should the news media be patriotic? When a journalist uncovers a government secret, which comes first–national security or the public’s right to know? In the United States, reporters consider themselves Americans first, journalists second. That means consulting the government before going public with a state secret. “When I was at ABC,” James Bamford told Time in 2006, “we always checked with the Administration in power when we thought we had something of concern, and there was usually some way to work it out.” In a new book about the Bush Administration’s efforts to expand the president’s powers at the expense of the legislative and judicial branches, the assumption that the press shouldn’t publish security-sensitive stories is so hard-wired that New York Times reporter Eric Lichtblau accepts it as a given. But it’s a very American concept, and one that relies on the presumption that the U.S. government may make mistakes, but…

Student Loans Crunch Starves Greedy Colleges First came school vouchers, subsidizing private schools with public money. Now, as the economy contracts, the government faces mounting pressure to pour increasing amounts of our tax dollars into private colleges and universities as well. The push comes from two fronts: a desire to make sure that student loans keep flowing in spite of the credit crunch, and to raise benefits for veterans returning from Iraq and Afghanistan who are guaranteed an education under the GI Bill. Student loans are a big segment of the banking industry, amounting to about $85 billion last year. Until recently, they were also hugely profitable. But the credit crunch has caused some lenders to pull out of the federal program. As a result, the pool of money for college loans available has fallen 13 percent. Congress is considering various ways to make sure students can continue to borrow the money they need. The Ensuring Continued Access to Student…

Wright Fuss Weakens Dems, Squanders Chance to Get Serious I argue with my friends. Some of them thought invading Iraq was a good idea. Almost all believed that Afghanistan was “the good war,” the one from which Iraq distracted us. (They’re starting to come around.) A few are even bigots. We disagree about these issues, often vehemently. But we’re still friends. I would never diss a friend in public (or, in politicalese, “distance myself”). Even a former friend deserves respect. Crisis reveals character. In politics, it reveals judgment. Barack “Uniter Not Divider, This Time We Really Mean It” Obama was praised for dumping (“distancing himself from”) Reverend Jeremiah Wright. (“What Barack Obama did was a profile in courage,” said the Reverend Al Sharpton.) But the McCain campaign’s silence indicates that it is quietly editing its fall attack ads. Obama’s apology, they’ll say, came too little, too late. Obama has fallen for one of the hoariest old tricks in the political…