Wednesday 27 August 2014

More POTUS and the Environment

I thought I'd write a quick post here to flag a piece in the New York Times about the Obama Administration's strategy on global climate change talks that loom over the next couple of years (link). Back in April, I wrote about and linked some pieces about the likely use of "executive power" or administrative authority to pursue some kind of global climate change deal (linked here).

As today's Times' story notes, any measure pursued by the President is, of course, going to upset Republicans already up in arms about what they regard as Obama's excessive use of executive authority (see story). Yet, it's important to note that the inter-branch tug of war over the president's use of the "executive power" given to him in Article II of the US Constitution goes back a long way. As students of American politics will know, the division of authority as laid out in the US Constitution was intentionally designed to set up these kinds of struggles (see Federalist 10 and 51).
 
A new climate accord concluded by the President will also generate howls from the US Senate (for now, controlled by Democrats). That body will be upset with Obama because of the Constitution's Article II requirement that the president present treaties to the Senate for formal ratification. Yet, a moment's reflection suggests the US Senate hasn't ratified all that many treaties (anyone remember Versailles?), and yet the US is a bound Party to all kinds of international conventions. In fact, presidents have been binding the United States to all kinds of conventions for years through Executive Agreements without the "advice and consent" of the Senate.

My bet is that Obama's pursuit of a climate accord intended to bind the US to certain goals will be big enough to push the debate over who has the proper authority (the executive branch or the legislative) to a head. Perhaps more importantly, where that legal battle goes will depend mightily on the American public and their views on the importance of dealing with climate change in the 2016 presidential campaign. I'd suggest that prospective candidates for President in 2016 brush up on this stew of issues since Obama looks poised to firmly plant this issue on the national agenda.

Stay tuned....

Monday 25 August 2014

More Security Industrial Complex and Pearson Gong Show....

While I was away on a short vacation, two things grabbed my attention, both related to my previous post on the Security Industrial Complex.

1) The militarisation of local police.
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UPDATE: It seems there is suddenly a lot of interest in this issue. Obama has ordered a review of federal policy regarding the armaments sold to local police forces (see story). The New York Times is now posting raw data via GitHub about local police purchases of surplus Defense Department equipment. Lots of big Excel spreadsheets, but quickly demonstrates the scale of these purchases.
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There are many questions flowing from the depressing set of circumstances in Ferguson, Missouri over the last few weeks. However, I have been struck by the evident level of surprise on the part of media commentators about the degree to which modern local police forces resemble Marine infantry units. There is actually a surprising amount of research on this issue, a lot of which sources the militarisation of local police to the post-Cold War blurring of domestic and international security. As the end of the Cold War seemed to unleash a barrage of non-state and transnational actors onto the international stage, they further blurred the already fuzzy distinctions between the domestic and foreign. Many states responded with their own blurring of previously bright lines between domestic law enforcement (justice system, investigation, incarceration) and the state's power internationally (diplomacy, military, intelligence gathering).

As a primer on how the 9/11 terrorist attacks on the United States accelerated that process, one can do no better than have a look at the 9/11 Commission Report, and Chapter 13's recommendations in particular. Homeland Security works more closely with local law enforcement than ever before, including through a national network of Fusion Centers that bring together multiple elements of America's security apparatus. Improving local law enforcement's capacity to act as a first line of defense against terrorist attacks, where ever they originate, has been a major objective of U.S. national security for quite some time. Making sure local law enforcement has the proper gear to respond is part of that (one local police force example linked here).

Hence, the fact that police forces in small communities like Ferguson, Missouri have a lot of new toys to show off, or that they get carried away with their displays of force, should surprise no one.

2) Pearson Airport Gong Show.

Given my academic interests, you can imagine that when I travel I am keenly interested in how border security functions. As I stand in line with everyone else, I like to observe how quickly the lines move, the new gadgets that are deployed to "expedite" the process, and even how well some of the trusted traveler programs speed (or not) passengers through the lines. I recently traveled through the US Customs pre-clearance facility at Pearson International Airport in Toronto. I have been going through US Customs at Pearson for many years, including many painful trips through the old Terminal 1. Without question, Pearson is a much more pleasant experience than it used to be.

Pre-clearance facilities across Canada vary considerably, likely owing to the sheer passenger volumes at each. As Canada's busiest airport and US pre-clearance facility, Pearson undoubtedly has unique challenges to overcome. There have been a number of innovations everywhere, including more straight forward ways of matching bags to passengers remotely rather than having to pick them up in the pre-clearance hall, present them to the officer with your customs forms, and then deposit them on another belt before going through security screening yet again. Under the old procedures, inexperienced passengers could be seen emerging from the whole process a frazzled, sweaty, mess.

Over the past couple of years, Pearson has implemented a number of new procedures, many of which were solid improvements. Yet, when I traveled through there last week, a new, supposedly simpler, and more automated, system of kiosks and lines had been put in place. I was stunned at how bad it was. I have not been in a more chaotic pre-clearance line since early 2002. The procedures themselves are not that different from those experienced travellers have seen in the past. But, the efforts at streamlining them at Pearson need a serious re-think. I'll be keen to see if they've work the bugs out next time.

3) Okay, There's a Third Thing....The Big Apple.

The occasion for my trip was a short vacation to the Big Apple. The flight was extraordinary. A beautiful early evening sunset. An approach that took us low down the Hudson River toward lower Manhattan. And then a sharp turn on final approach to LaGuardia Airport that offered a spectacular view of the World Trade Center site. I won't soon forget it.

Lower Manhattan and the recently opened 9/11 Memorial were on the tourist agenda a couple of days later. After all the emotional bickering and delays over what to build at that sight, I think they got it almost exactly right! Not everyone agrees. But, in my view, both above and below ground, it's solemn, beautiful, interesting, and impressive. Moreover, it has brought a life to lower Manhattan that, truthfully, didn't exist when the twin towers were still there. Check it out for yourself.



Redefining the Floor....Down

I was scrolling through some YouTube clips the other day and came across the great Seinfeld episode in which Frank Costanza invites Seinfeld...