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In 2016, Let’s Have Real Presidential Debates

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Every four years, the Commission on Presidential Debates puts on a series of campaign commercials disguised as presidential and vice-presidential debates.

The CPD is, in theory, a non-profit organization “established in 1987 to ensure that debates, as a permanent part of every general election, provide the best possible information to viewers and listeners.”

But the CPD is really just a scam the Republican and Democratic Parties use to funnel illegally large “in kind” campaign donations, in the form of tens of millions of dollars’ worth of free media exposure, exclusively to their own candidates.

A real non-partisan, non-profit debate organization would use objective criteria for deciding which candidates may participate in debates. The CPD continuously refines its criteria with an eye toward ensuring  that no third party or independent candidates qualify for a microphone at a CPD “debate.”

Billionaire independent/Reform Party candidate Ross Perot managed to jump through their hoops in 1992, afterward polling 19% in the general election. CPD excluded him in 1996, cutting his vote percentage down to 8%. Since then, CPD has successfully excluded additional candidates from their Democrat/Republican campaign infomercials.

Libertarians aren’t fans of laws limiting the people’s ability to give their money — as much of it as they want — to the candidates they support. But if there are going to be such rules, they should apply across the board.

That’s why the Libertarian Party, the Green Party, both parties’ 2012 presidential and vice-presidential candidates, and 2012 Justice Party presidential nominee Rocky Anderson are suing CPD. The Our America Initiative, headed up by 2012 Libertarian Party presidential nominee Gary Johnson, is coordinating the legal challenge.

The relief the plaintiffs seek is simple: That if the CPD is going to pretend to be a non-profit, non-partisan debate organization, it be required to start acting like one. Instead of giving the Republicans and Democrats a free series of campaign infomercials, CPD  must put on real debates,  open to all candidates who are legally qualified for the office they seek and whose names appear on enough state ballots for them to hypothetically win the election.

Would victory in this suit make a real difference for third party and independent candidates? Absolutely. Exposure in the debates might or might not put Libertarians or Greens over the top, but it would at least expose the American public to the real panoply of choices instead of to one pre-selected pair.

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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About That Other “Special Relationship”

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Coat of Arms of Saudi Arabia
Coat of Arms of Saudi Arabia (Photo credit: Wikipedia)

 

When it comes to entangling alliances, the “special relationship” between the United States and Israel tends to take center stage. Interposing one’s self between a herd of American politicians and an opportunity to appease Benjamin Netanyahu is a good way to get trampled to death.

Lately, though, US relations with Saudi Arabia seem to be hogging the spotlight, and not in a good way.

US relations with the Saudis have always seemed pretty good, apart from a brief low point in 1973-74, when the Kingdom participated in an oil embargo, pressuring the US to in turn pressure Israel on the matter of Syria’s Golan Heights.

It worked. Relations immediately improved, and ever since there’s been a steady traffic of Saudi oil to the US, US arms to Saudi Arabia, and lots of money flowing back and forth, too. In 1991, I was among the hundreds of thousands of US troops sent to defend Saudi Arabia’s oil fields and crush the threat of Saddam’s Iraq (liberating Kuwait was the excuse, not the reason, for Desert Storm).

Since then, though, things seem to have gone downhill behind the scenes.

The oil, arms and money still flow, but 28 still-classified pages of the US Senate’s report on 9/11 reportedly implicate the Kingdom in that attack’s funding. Former US Senator Bob Graham, lead author of the report, has launched an effort to make those pages public.

Now, famed investigative reporter Seymour Hersh, writing in the London Review of Books, credibly claims that the Obama administration’s account of the killing of Osama bin Laden  is a fairy tale: That the Kingdom paid off Pakistan’s government to protect bin Laden, keeping him under “house arrest” in Abbotabad and that, contra the whole Zero Dark Thirty narrative in which adept US intelligence analysts tracked him down, a rogue Pakistani official dropped the dime on him for the multi-million-dollar reward.

Obviously, openly admitting either of the above as fact would entail a very public reconsideration of the “special relationship” between the US and Saudi Arabia.

Just as obviously, three major concerns — oil, Israel and the Kingdom’s putative status as a regional counterweight to Iran — militate in America’s corridors of power against that kind of disclosure and reconsideration.

But this is the kind of agonizing reappraisal entangling alliances always come down to sooner or later. If we’ve been clasping a viper to our bosom, better sooner.

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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Can the President Ignore the Supreme Court?

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U.S. Supreme Court building.
U.S. Supreme Court building. (Photo credit: Wikipedia)

Ben Carson is the longest of long shots in the Republican Party’s 2016 presidential nomination contest.  A distinguished neurosurgeon, Carson captured the hearts of many conservatives with his comments at the 2013 National Prayer Breakfast, in which he positioned himself as pretty much the exact opposite of US president Barack Obama.

We won’t see him onstage accepting his party’s nomination next summer. He’s one of those interesting combinations — political novice and snappy-answer gadfly — who just can’t compete in the money and endorsements game and usually end up finding they don’t connect very well with voters, either.

But those same difficulties also liberate him to pose tough questions and step on the third rails that more experienced politicians carefully avoid. Like this one:

Is the Supreme Court really constitutionally empowered to review laws passed by Congress, veto those laws if it deems them unconstitutional, and order the president of the United States to act accordingly?

It’s a good question, albeit one most people considered long settled. Carson brought it up on Fox News Sunday. “The laws of the land, according to our Constitution, are provided by the legislative branch. The laws of the land are not provided by the judiciary branch …. We need to get into a discussion of this because it has changed from the original intent. It is an open question.”

The Court first set aside a law as unconstitutional in 1794. In 1804 Chief Justice John Marshall formalized that power in Marbury v. Madison.

Ever since, with few exceptions (Andrew Jackson ignored the Court’s ruling against forcibly moving the Cherokee; Abraham Lincoln ignored Chief Justice Taney’s Civil War ruling that only Congress could suspend habeas corpus), presidents have generally acknowledged the Court’s authority.

I’ve heard reasonable arguments that the framers intended to empower the Court to review statutes for constitutionality, and that they didn’t. It’s worth considering the plain text of Article III of the Constitution, which empowers the court over “all Cases, in Law and Equity, arising under this Constitution.”

Since the Constitution declares itself “the supreme Law of the Land,” it seems to me that the justices can’t avoid weighing subordinate laws in light of that “supreme law” and setting aside those which violate it. If they’re not, per Article III, empowered to do exactly that, what’s the purpose of an independent judiciary?

While the Constitution does not itself mention “checks and balances,” the framers did. They set the Supreme Court on an equal level with Congress and the presidency for a reason. The three branches restrain each other. Not always and never perfectly, but the Court has on many occasions proven itself a worthy last resort in defense of our liberties.

When it comes to restraining government, I’d much rather see the power of the imperial presidency curtailed.  Hearing him pose this question makes me glad that Carson, who seems to style himself a George W. Bush style “decider,” will never have the opportunity to test his theory of the Court’s role.

Thomas L. Knapp is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

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