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Notes
Whats here?
Links, internal links, theory, impacts, aff answers. This is a presidential agenda scenario. The midterms
file will be produced separately.
NSA Reform
1NC
A. Uniqueness - NSA reform coming now Obama political capital key to a
middle of the road reform
Feaver, Duke University Political Science and Public Policy professor, 14
[Peter Feaver, 1/17/14, Foreign Policy, Obama Finally Joins the Debate He Called For,
http://shadow.foreignpolicy.com/posts/2014/01/17/obama_finally_joins_the_debate_he_called_for,
accessed 7/12/14, GNL]
Today President Barack Obama finally joins the national debate he called for a long time ago but
then abandoned: the debate about how best to balance national security and civil liberty. As I
outlined in NPR's scene-setter this morning, this debate is a tricky one for a president who wants to
lead from behind. The public's view shifts markedly in response to perceptions of the threat, so a
political leader who is only following the public mood will crisscross himself repeatedly.
Changing one's mind and shifting the policy is not inherently a bad thing to do. There is no absolute and
timeless right answer, because this is about trading off different risks. The risk profile itself shifts in
response to our actions. When security is improving and the terrorist threat is receding, one set of tradeoffs is appropriate. When security is worsening and the terrorist threat is worsening, another might be.
It is likely, however, that the optimal answer is not the one advocated by the most fringe position. A
National Security Agency (NSA) hobbled to the point that some on the far left (and, it must be
conceded, the libertarian right) are demanding would be a mistake that the country would regret
every bit as much as we would regret an NSA without any checks or balances or constraints.
Getting this right will require inspired and active political leadership. To date, Obama has preferred to
stay far removed from the debate swirling around the Snowden leaks. This president relishes
opportunities to spend political capital on behalf of policies that disturb Republicans, but, as former
Defense Secretary Robert Gates's memoir details, Obama has been very reluctant to expend political
capital on behalf of national security policies that disturb his base. Today Obama is finally
engaging. It will be interesting to see how he threads the political needle and, just as importantly,
how much political capital he is willing to spend in the months ahead to defend his policies.
Civil libertarians who say the House didnt go far enough to reform the National Security Agency
are mounting a renewed effort in the Senate to shift momentum in their direction.
After compromises in the House bill, the NSAs critics are buckling down for a months-long fight in
the Senate that they hope will lead to an end to government snooping on Americans.
This is going to be the fight of the summer, vowed Gabe Rottman, legislative counsel with the
American Civil Liberties Union.
If advocates are able to change the House bills language to prohibit NSA agents from collecting
large quantities of data, then thats a win, he added.
The bill still is not ideal even with those changes, but that would be an improvement, Rottman
said.
The USA Freedom Act was introduced in both the House and Senate last autumn, after Edward
Snowdens revelations about the NSAs operations captured headlines around the globe.
Privacy advocates like the ACLU rallied around the bill as the way to rein in the spy agency and more
than 150 lawmakers signed on as cosponsors in the House.
In recent weeks, though, advocates worried that it was being progressively watered down.
First, leaders on the House Judiciary Committee made changes in order to gain support from a broader
cross-section of the chamber. Then, after it sailed through both the Judiciary and Intelligence
Committees, additional changes were made behind closed doors that caused many privacy groups
and tech companies such as Microsoft and Apple to drop their support.
When it passed the House 303-121 last week, fully half of the bills original cosponsors voted against
it.
We were of course very disappointed at the weakening of the bill, said Robyn Greene, policy counsel at
the New America Foundations Open Technology Institute. Right now we really are turning our attention
to the Senate to make sure that doesnt happen again.
Instead of entirely blocking the governments ability to collect bulk amounts of data, critics said
that the new bill could theoretically allow federal agents to gather information about an entire area
code or region of the country.
One factor working in the reformers favor is the strong support of Senate Judiciary Chairman Patrick
Leahy (D-Vt.).
Unlike House Judiciary Chairman Bob Goodlatte (R-Va.), who only came to support the bill after
negotiations to produce a managers amendment, Leahy was the lead Senate sponsor of the USA Freedom
Act.
2. Even if both bills are bad, a lack of reform collapses the program and a bill with
Senate modifications would gut NSA effectiveness
Sasso, National Journal, 14
[Brendan Sasso, 3/25/14, National Journal, Why Obama and His NSA Defenders Changed Their
Minds, http://www.nationaljournal.com/tech/why-obama-and-his-nsa-defenders-changed-their-minds20140325, accessed 7/12/14, GNL]
It was only months ago that President Obama, with bipartisan backing from the heads of
Congress's Intelligence committees, was insisting that the National Security Agency's mass
surveillance program was key to keeping Americans safe from the next major terrorist attack. They
were also dismissing privacy concerns, saying the program was perfectly legal and insisting the necessary
safeguards were already in place.
But now, Obama's full-speed ahead has turned into a hasty retreat: The president and the NSA's
top supporters in Congress are all pushing proposals to end the NSA's bulk collection of phone
records. And civil-liberties groupsawash in their newly won cloutare declaring victory. The
question is no longer whether to change the program, but how dramatically to overhaul it.
So what changed?
It's not that Obama and his Hill allies suddenly saw the error of their ways and became born-again
privacy advocates. Instead, with a critical section of the Patriot Act set to expire next year, they
realized they had no choice but to negotiate.
If Congress fails to reauthorize that provisionSection 215by June 1, 2015, then the NSA's
collection of U.S. records would have to end entirely. And the growing outrage prompted by the
Snowden leaks means that the NSA's supporters would almost certainly lose an up-or-down vote on the
program.
Rep. Adam Schiff, a Democratic member of the House Intelligence Committee, said that looming
sunset is what forced lawmakers to the bargaining table. "I think what has changed is the growing
realization that the votes are simply not there for reauthorization," he said in an interview. "I think
that more than anything else, that is galvanizing us into action."
Obama and the House Intelligence Committee leaders believe their proposals are now the NSA's
best bet to retain some power to mine U.S. phone records for possible terror plots. Senate
Intelligence Committee Chairwoman Dianne Feinstein, another leading NSA defender, also indicated she
is on board with the changes, saying the president's proposal is a "worthy effort."
And though the Hill's NSA allies are now proposing reforms to the agency, they don't seem
particularly excited about it.
At a Capitol Hill press conference Tuesday, Rep. Mike Rogers, the Republican chairman of the House
Intelligence Committee, and Rep. Dutch Ruppersberger, the panel's top Democrat, often sounded like they
were arguing against their own bill that they were unveiling.
D. Impact Terrorism
1. Effective NSA surveillance key to prevent terrorist attacks
Yoo, former US Attorney General Office of Legal Counsel Deputy assistant 13
[John Yoo, 8/16/13, National Review, Ending NSA Surveillance Is Not the Answer,
http://www.nationalreview.com/corner/356027/ending-nsa-surveillance-not-answer-john-yoo, accessed
7/12/14, GNL]
We should be careful not to put the NSA in an impossible position. Of course, we should be vigilant
against the administrative state in all of its tangled tendrils, especially its collection of taxes (the IRS
scandal) and enforcement of the laws (Obamas refusal to enforce Obamacare and immigration law). The
problem here, however, is that we are placing these kinds of domestic law-enforcement standards
on a foreign intelligence function. With domestic law enforcement, we want the Justice Department to
monitor one identified target (identified because other evidence gives probable cause that he or she has
already committed a crime) and to carefully minimize any surveillance so as not to intrude on privacy
interests.
Once we impose those standards on the military and intelligence agencies, however, we are either
guaranteeing failure or we must accept a certain level of error. If the military and intelligence
agencies had to follow law-enforcement standards, their mission would fail because they would not
give us any improvement over what the FBI could achieve anyway. If the intelligence community is
to detect future terrorist attacks through analyzing electronic communications, we are asking them
to search through a vast sea of e-mails and phone-call patterns to find those few which, on the
surface, look innocent but are actually covert terrorist messages. If we give them broader authority,
we would have to accept a level of error that is inherent in any human activity. No intelligence agency
could perform its mission of protecting the nations security without making a few of these kinds of
mistakes. The question is whether there are too many, not whether there will be any at all.
Domestic law enforcement makes these errors too. Police seek warrants for the wrong guy, execute a
search in the wrong house, arrest the wrong suspect, and even shoot unarmed suspects. We accept these
mistakes because we understand that no law-enforcement system can successfully protect our
communities from crime with perfection. The question is the error rate, how much it would cost to reduce
it, the impact on the effectiveness of the program, and the remedies we have for mistakes. Consider those
questions in the context of the NSA surveillance program. The more important question is not the top
of the fraction but the bottom not just how many mistakes occurred, but how many records were
searched overall. If there were 2,000 or so mistakes, as the Washington Post suggests, but involving
A terrorist nuclear attack, and even the use of nuclear weapons in response by the country attacked in
the first place, would not necessarily represent the worst of the nuclear worlds imaginable. Indeed, there
are reasons to wonder whether nuclear terrorism should ever be regarded as belonging in the category of
truly existential threats. A contrast can be drawn here with the global catastrophe that would come from a
massive nuclear exchange between two or more of the sovereign states that possess these weapons in
significant numbers. Even the worst terrorism that the twenty-first century might bring would fade into
insignificance alongside considerations of what a general nuclear war would have wrought in the Cold
War period. And it must be admitted that as long as the major nuclear weapons states have hundreds
and even thousands of nuclear weapons at their disposal, there is always the possibility of a truly
awful nuclear exchange taking place precipitated entirely by state possessors themselves. But these two
nuclear worldsa non-state actor nuclear attack and a catastrophic interstate nuclear exchangeare not
necessarily separable. It is just possible that some sort of terrorist attack, and especially an act of nuclear
terrorism, could precipitate a chain of events leading to a massive exchange of nuclear weapons
between two or more of the states that possess them. In this context, todays and tomorrows terrorist
groups might assume the place allotted during the early Cold War years to new state possessors of small
nuclear arsenals who were seen as raising the risks of a catalytic nuclear war between the superpowers
started by third parties. These risks were considered in the late 1950s and early 1960s as concerns grew
about nuclear proliferation, the so-called n+1 problem. t may require a considerable amount of
imagination to depict an especially plausible situation where an act of nuclear terrorism could lead to such
a massive inter-state nuclear war. For example, in the event of a terrorist nuclear attack on the United
States, it might well be wondered just how Russia and/or China could plausibly be brought into the
After a somewhat desultory year of little to no change, reform of the United States surveillance state
appears to have finally found momentum.
Recently the USA FREEDOM Act was gutted and rammed through the House, and two funding
amendments that would have cut monies for forced backdoors and certain government searches
failed.
Last night, however, the House passed a single amendment to the military funding bill that did what
the two failed amendments had attempted. At once, a large House majority had taken an
unambiguous stand against certain parts of the governments surveillance activities.
Its up to the Senate to act now, but at a minimum, those looking to reform the National Security Agency
(NSA) arent losing every skirmish.
Where do we go from here? Co-sponsors of the House amendment that passed are pledging more action.
In a collection of statements provided to TechCrunch, Rep. Zoe Lofgren said that the amendment is a
worthwhile step forward and will make a meaningful difference, but our work is not done. Rep. Jim
Sensenbrenner had a similar comment, saying that the passage of the amendment, and the USA
FREEDOM Act are positive, but not final, steps in our efforts to reform the administrations
surveillance authorities and protect Americans civil liberties.
In the upper chamber, the current pace of change isnt enough for some.
The Hill reported on a letter, published today, from Sens. Mark Udall, Ron Wyden, and Martin Heinrich
called on the President to end the collection of the phone records of American citizens. In their view, the
President has the authority to do so, without the need for congress to pass new legislation.
As you certainly recall, two of those three Senators were part of a separate troika that published an op-ed
in the LA Times excoriating the USA FREEDOM Acts passage in the house, saying that nearly all of the
essential reforms either watered down or removed.
Momentum in the House, and stridently vocal calls in the Senate for stronger reform? Knock on
wood.
NSA reform has momentum in the House now Obama and Senate support key
Timm, Freedom of the Press Foundation executive director, 6/20/14
If you got angry last month when the National Security Agency, the White House and Eric Cantor's spyfriendly House of Representatives took a once-promising surveillance reform bill and turned it into a shit
sandwich, I've got some good news for you: so, apparently, did many members of Congress.
Late Thursday night, in a surprising rebuke to the NSA's lawyers and the White House after they
co-opted and secretly re-wrote the USA Freedom Act and got it passed an overwhelming majority of
the House of Representatives voted to strip the agency of its powers to search Americans' emails without
a warrant, to prohibit the NSA or CIA from pressuring tech companies to install so-called "back doors" in
their commercial hardware and software, and to bar NSA from sabotaging common encryption standards
set by the government.
What a difference the last year has made, you might say. Look what a little transparency can do!
But the House's support of these new fixes, by a count of 293 to 123 and a huge bipartisan majority
in the House, just put the pressure back on for the rest of the summer of 2014: the Senate can join
the House in passing these defense budget amendments, or more likely, will now be pressured to
plug in real privacy protections to America's new snooping legislation before it comes up for a vote.
This all puts the White House in an even more awkward position. Does President Obama threaten a veto
of the defense bill to stop this? (The White House could always, you know, ban the bulk collection of
your data right this second.)
The only category of people Obama has specifically exempted from surveillance is allied foreign
leaders. He has not extended any exemptions to American citizens.
The reform proposals seem specific only to bulk phone records collected by the NSA under Section
215 of the Patriot Act. They do not appear to apply to any other collections by the NSA (email, Skype,
chat, GPS, texts, and so on and on), or any other federal or state agency, or to any programs in place today
that we are not aware of or which may be created in the future, perhaps in response to the reforms.
This omission is significant; The Guardian reports the NSA collects each day more than five million
missed-call alerts, for use in contact-chaining analysis (working out someone's social network from
who they contact and when), details of 1.6 million border crossings a day, from network roaming
alerts, more than 110,000 names, from electronic business cards, which also included the ability to
extract and save images and over 800,000 financial transactions, either through text-to-text payments or
linking credit cards to phone users. NSA also extracted geolocation data from more than 76,000 text
messages a day, including from "requests by people for route info" and "setting up meetings."
Other travel information was obtained from itinerary texts sent by travel companies, even including
cancellations and delays to travel plans.
The Obama reforms do not even mention surveillance of Internet communications internationally
under Section 702 of the FISA Amendments Act; and surveillance of communications overseas under
Executive Order 12333.
The reforms do not mention pulling back the NSA's ongoing efforts to weaken overall internet
security, such a demanding companies provide them with backdoors to bypass encryption.
The reforms leave the door open. Obama's proposal includes a provision asking Congress to
validate that Section 215 of the Patriot Act may in the future be legitimately interpreted as allowing
bulk data collection of telephone data.
The reforms leave in place far too many secret court actions and loopholes.
The reforms will be changed in the Congressional process and are likely to be further weakened by
frightened representatives terrified of being blamed for the next act of terror (or by fear of losing
votes for appearing "weak.")
Now that the pre-fight pugilism of 2016 has begun (Hillary versus Rove--talk about heavy-armed
brawlers), let's consider what President Obama and Congress may produce in 2014 and 2015.
The short answer is: not much, and perhaps quite a lot.
The underlying politics in both years is generally straightforward, but it will be a richer, spicier stew in
early 2015 if Republicans win back control of the Senate. More on that in a moment.
For the remainder of this year, Obama's "Year of Action" will yield precisely what it has already-incremental policy changes torturously wrapped in ever-more-garish spin garb. The act will wear thin;
Obama's narrative, such as it is, will flatten; and Republican anticipation for midterm gains--already
running ahead of the polls--will conspire against any high-profile (therefore risky) compromise with
the White House. That means the following for this year:
There is no impetus among rank-and-file House members to put together the component parts of a big
bill. The summer may see small-bore measures on border enforcement. There could also be a move to
encourage military service for illegal immigrants. But even the so-called Enlist Act creates political
headaches for the GOP. Obama will continue to push immigration, and House GOP leaders will delay the
eulogy as long as possible, but the issue doesn't just look dead for the year. It is dead.
No minimum-wage increase or temporary extension of emergency-unemployment benefits. Neither issue
moves the polling needle in House GOP districts--not even in swing districts. The price of extended
jobless benefits is approving the Keystone XL pipeline, a deal Obama won't touch. And there's no dollar
amount House GOP leaders will embrace for a higher minimum wage.
The FISA bill has a chance in the House. Floor action is expected soon, and with bipartisan support
in theJudiciary and Intelligence committees, the bill will likely reach the Senate with rare
momentum. Also, the White House has worked steadily and cooperatively with House GOP leaders
on the bill. Increasingly, Obama's new head of legislative affairs, Katie Beirne Fallon, is seen by top
House and Senate GOP leaders as the go-to person on legislative compromise. Fallon is accessible, open
to input, and viewed as a fair referee of policy debates. Fallon and top GOP aides collaborated on some
fine-tuning of the FISA reform bill as it moved through the Judiciary Committee before recess.
Carefully crafted legislation that would end the government's bulk collection of Americans' phone
records is under fire after the White House requested last-minute changes that critics say would
water down its protections.
A year after Americans learned from National Security Agency contractor Edward Snowden that the NSA
was secretly collecting vast amounts of telephone and email data, the House is preparing to vote this week
on legislation intended to curtail domestic spying.
Although the bill is likely to pass Thursday, the changes hammered out in secretive negotiations
over the last few days between the Obama administration and leaders on Capitol Hill have led some
privacy groups and civil libertarians to withdraw their support. They warn that the revisions,
including changes to what sort of government data searches would be permitted, could provide loopholes
that would allow massive data collection to continue.
"I think it's ironic that a bill that was intended to increase transparency was secretly changed," said Rep.
Zoe Lofgren (D-San Jose), a member of the House Judiciary Committee, which crafted the original
legislation. "And it was altered in worrisome ways." She said she was unsure how she would vote.
So far, the changes appear modest enough to avoid tanking the bipartisan support needed for
passage. But meddling with the accord poses inherent risks in a divided Congress where lawmakers have
grown increasingly wary of intelligence operations. An unusual political alliance of liberal Democrats
and small-government conservatives has thwarted earlier efforts to expand spy agencies' reach into
Americans' private lives.
Many of those lawmakers remained undecided Wednesday, suggesting the final vote could be closer than
the White House would like.
The White House insisted Wednesday that the changes were intended to meet the shared goal of the
president and Congress to clip the vast collection of bulk "metadata," while ensuring against new
directives that would impede routine investigations or efforts to combat terrorism.
Administration officials argued in the closed discussions, often held in the third-floor Capitol suite of
House Majority Leader Eric Cantor (R-Va.), that the bill's language originally approved by the judiciary
and intelligence committees was drafted too narrowly and could limit non-bulk data collection operations.
Under the proposed legislation, the Justice Department and intelligence agencies would no longer be
allowed to collect from telephone companies vast amounts of so-called metadata, including the times and
Privacy groups unhappy with late changes pulled their support from the bill at the last minute
Late last Thursday night, the US House of Representatives voted overwhelmingly (293-123) to ban the
National Security Agency from searching troves of foreign communications for information on
Americans without a warrant from a federal court. Specifically, it banned using funds to perform
searches using an identifier of a United States person within foreign information legally collected by
the NSA under the Foreign Intelligence Surveillance Act without first obtaining a warrant. Further, the
amendment, introduced by Reps. Thomas Massie (R-Ky.), Zoe Lofgren (D-Calif.), and James
Sensenbrenner (R-Wisc.), would also forbid the security agency from requiring private companies to
build malware or backdoor vulnerabilities into their products and services. (A second, less heralded
amendment, passed by voice vote, would ban the NSA from working with the Commerce Department to
weaken or create faulty encryption standards). Both amendments were to the 2015 Defense
Appropriations Act, considered must-pass legislation in this session.
Supporters of the amendments, including a number of outside NGOs, privacy advocates, and many
high tech companies, hailed the passage as a game changer in the fight to reform NSA practices and
legal responsibilities. The votes directly counter another measure, the USA Freedom Act, which passed
the House in March by 303 to 112 votes. Under compromises put together between the House Judiciary
and Intelligence committees at that time, no prohibitions on NSA activities were prescribed in the USA
Freedom Act, unlike in the amendments just passed in the DOD appropriations bill.
In the Senate, a similar conflict is being played out between NSA defenders and critics. It is thought
that a bill being crafted by a bipartisan group of Members in the Senate Intelligence Committee,
headed by Sen. Diane Feinstein (D-Calif.) and Saxby Chambliss (R-Ga.), will likely track the House
USA Freedom Act; but the Senate Judiciary Committee, headed by Sen. Patrick Leahy (D.-Vt.) is just as
likely to back NSA critics and ban bulk collection and the NSAs authority to force companies to
introduce backdoor traps in Internet infrastructure equipment. Attempting to exploit the new House vote,
three of the NSAs most vocal critics in the SenateSens. Ron Wyden (D-Ore.)., Mark Udall (D-Colo.),
and Martin Heinrich (D-N.M.) wrote to the president on Friday, urging him to act unilaterally to curb the
agencys authorities.
Link
Link Magnifier
Plans unpopularity influences Obama to go for stricter NSA reform to gain political
capital
Brown, Independent Voter Network, 3/31/14
[Logan, 3/31/14, IVN, Obamas NSA Reforms Legitimize Snowdenhttp://ivn.us/2014/03/31/obamasnsa-reforms-legitimize-snowden/, accessed 7/12/14, GNL]
Edward Snowden famously noted that his greatest fear regarding his revelations is that nothing will
change.
But on March 24, almost a year after Snowdens first interview, President Obama spoke about
proposing legislation to Congress which would end the NSAs bulk collection of American phone
records. Although appearing progressive on its face, the politics at play behind Obamas NSA reforms
deserve further investigation.
First, Snowden has indefinitely shifted the political discourse regarding national security. Obama
now advocating to reform the NSA program which he vehemently defended over the past year
is an indication to the legitimacy behind Snowdens acts.
Norman Solomon, co-founder of the progressive advocacy group RootsAction.org, mentioned that the
credibility of the White House has gone through the floor, while the credibility of Snowden continues to
ascend.
A January poll by USA Today reflects this sentiment as it found that 70 percent of Americans
believe that they should not have to give up privacy and freedom for protection against terrorism.
This highlights an ideological shift toward Snowden since his original revelations in June 2013.
However, a politically conscious Obama administration recognizes the political capital it could gain
from endorsing these reforms. Plus, in the event that Congress blocks the legislation, Obama can
put the blame on them.
Guantanamo Bay is a prime example of Obama playing politics with a controversial U.S. national
security program. Obama constantly promised to terminate Guantanamo Bay, but his promises failed to
permeate. Congress continuously blocks legislation that would make closing Guantanamo faster and
easier which allows Obama to pass the blame onto them.
Its worth questioning the veracity of the proposed reforms because they only address phone metadata
they exempt other popular forms of communication like email, Skype, texts, and GPS. The reforms also
fail to mention sharing information among foreign governments and spy agencies, such as the Five Eyes.
Five Eyes is an alliance among spy agencies from the U.S., UK, Australia, New Zealand, and Canada and
has been known to spy on citizens from each nation involved to circumvent domestic laws.
Without taking steps to reform the legality of governments gaining information on their citizens from
foreign governments, implementing domestic laws would do anything about ongoing security concerns.
Internal Link
Still, there are some questions that Washington will have to address in 2014. Here are the most
important science and tech issues on Congresss to-do list:
Debate over the NSA is just beginning.
NSA Reform: Obviously the big question for 2014 is how Congress will act to rein in the NSAs
controversial surveillance programs, including the bulk collection of virtually all American phone
records. The calls for aggressive reforms have gained momentum among a coalition of civil liberties
activists and tech executives over the past six months, and were recently galvanized by a federal court
ruling that declared the agencys metadata collection is likely unconstitutional. On Friday, U.S. Sen.
Rand Paul filed a class-action lawsuit against the Obama administration over the NSAs spying practices,
and other members of Congress have pledged to take action at the legislative level. So far, though, its not
clear how far that action will go.
A lot will depend on President Obamas response to the reforms suggested by a presidential review
panel in December. According to the Los Angeles Times, the President is planning his own package of
reforms, which will likely include putting a public lawyer on the Foreign Intelligence Surveillance Court
and shifting the NSAs bulk metadata storage to a private partner. Given that leaders of both chambers
have typically deferred to Obama on intelligence issues, this announcement will likely influence
how NSA reform legislation moves forward in Congress , where members are divided between a
stringent overhaul of the spy agencys metadata collection programs and more tepid reforms suggested by
the NSAs defenders.
Obama pushing middle ground reform now continued push key to Senate passage
Sink, The Hill, 14
[Justin, 1-17-14, The Hill, Obama calls for NSA overhaul,
http://thehill.com/homenews/administration/195799-obama-wants-to-overhaul-nsa, accessed 7-13-14,
AAZ]
President Obama announced on Friday that he would place new restrictions on controversial
surveillance programs that have sparked controversy around the world since they were revealed by
Edward Snowdens leaks.
Obama said he believed the reform proposals presented to him by the US intelligence agencies were
workable, and would eliminate the concerns of privacy campaigners. I am confident that it
allows us to do what is necessary in order to deal the threat of a terrorist attack, but does so in a
way that addresses people's concerns, he said.
Activists gave a cautious welcome to Obama's plans . Jameel Jaffer, the deputy legal director of the
American Civil Liberties Union, wrote in an article for the Guardian: The president is acknowledging
that a surveillance program endorsed by all three branches of government, and in place for more than a
decade, has not been able to survive public scrutiny. It's an acknowledgement that the intelligence
agencies, the surveillance court and the intelligence committees struck a balance behind closed doors that
could not be defended in public.
In a statement through the ACLU, Snowden said he had always believed that the NSA's "unconstitutional
mass surveillance of Americans" would not stand up to public, political or legal scrutiny, if the extent of it
became known. "This is a turning point, and it marks the beginning of a new effort to reclaim our rights
from the NSA and restore the public's seat at the table of government," he said.
The White House said Obama will now ask the foreign intelligence surveillance (Fisa) court, which
gives legal oversight to the system, to approve the current bulk collection program for a final 90-day
period as the president attempts to implement his plan.
Attention will now be focused on how that can be achieved in Congress . In Washington on Tuesday,
leaders of the House intelligence committee outlined their proposals for NSA reform, which they say
would also end bulk phone record collection but which have been greeted with scepticism by civil
liberties campaigners.
The bill being pushed by the committees Republican chairman, Mike Rogers of Michigan, and its
ranking Democrat, Dutch Ruppersberger of Maryland both NSA allies would empower the
government to compel phone companies and internet service providers to turn over records with a
In announcing his long-awaited plans to overhaul government surveillance policies, President Obama
on Friday sought to occupy a middle space in the simmering debate on U.S. spying.
He pushed for a greater measure of transparency and oversight in how the intelligence community
goes about its work, but rejected calls to end the National Security Agency's controversial telephone
metadata program altogether.
"When you cut through the noise, what's really at stake is how we remain true to who we are in a world
that is remaking itself at dizzying speed," Obama said in his address, which comes more than seven
months after former NSA contractor Edward Snowden's revelations triggered a national conversation
about U.S. snooping.
Obama offered a forceful defense of the intelligence community. But he also acknowledged privacy
advocates' and civil libertarians' concerns about the breadth of the nation's intelligence apparatus, which
Eight months ago, in one of its most important and fascinatingly nonpartisan votes of recent
memory, the House came up just seven members short of eviscerating the governments vast effort
to keep tabs on American phone habits.
The roll call revealed a profound divide in Congress on how assertively the intelligence community
should be allowed to probe into the personal lives of private citizens in the cause of thwarting
terrorism. It is a split that has stymied legislative efforts to revamp the National Security Agencys bulk
data collection programs.
Until now, maybe. Senior members with jurisdiction over the surveillance efforts, in both parties
and on both sides of the Hill, are signaling generalized and tentative but nonetheless clear support
for the central elements of a proposed compromise that President Barack Obama previewed
Tuesday and will formally unveil by weeks end.
The president, in other words, may be close to finding the congressional sweet spot on one of the
most vexing problems hes faced an issue that surged onto Washingtons agenda after the secret
phone records collection efforts were disclosed by former NSA contractor Edward Snowden.
If Obama can seal the deal, which hes pledged to push for by the end of June, it would almost
surely rank among his most important second-term victories at the Capitol. It also would create an
exception that proves the rule about the improbability of bipartisan agreement on hot-button issues
in an election season.
I recognize that people were concerned about what might happen in the future with that bulk data,
Obama said at a news conference in The Hague, where hes been working to gain support for containing
Russia from a group of European leaders who have their own complaints about U.S. spying on telephone
calls. This proposal thats been presented to me would eliminate that concern.
The top two members of the House Intelligence Committee, GOP Chairman Mike Rogers of Michigan
and ranking Democrat C.A. Dutch Ruppersberger of Maryland, introduced their own bill to revamp
surveillance policy Tuesday and declared they expect it would track very closely with the language
coming from the administration. They said they had been negotiating with White House officials for
several weeks and viewed the two proposals as compatible.
At their core, both the Obama and House bills would end the NSA practice of sucking up and
storing for five years the date and time, duration and destination of many millions of phone calls
placed or received by Americans. Instead, the phone companies would be required to retain this so-
Impacts
We should be careful not to put the NSA in an impossible position. Of course, we should be vigilant
against the administrative state in all of its tangled tendrils, especially its collection of taxes (the IRS
scandal) and enforcement of the laws (Obamas refusal to enforce Obamacare and immigration law). The
problem here, however, is that we are placing these kinds of domestic law-enforcement standards
on a foreign intelligence function. With domestic law enforcement, we want the Justice Department to
monitor one identified target (identified because other evidence gives probable cause that he or she has
already committed a crime) and to carefully minimize any surveillance so as not to intrude on privacy
interests.
Once we impose those standards on the military and intelligence agencies, however, we are either
guaranteeing failure or we must accept a certain level of error. If the military and intelligence
agencies had to follow law-enforcement standards, their mission would fail because they would not
give us any improvement over what the FBI could achieve anyway. If the intelligence community is
to detect future terrorist attacks through analyzing electronic communications, we are asking them
to search through a vast sea of e-mails and phone-call patterns to find those few which, on the
surface, look innocent but are actually covert terrorist messages. If we give them broader authority,
we would have to accept a level of error that is inherent in any human activity. No intelligence agency
could perform its mission of protecting the nations security without making a few of these kinds of
mistakes. The question is whether there are too many, not whether there will be any at all.
Domestic law enforcement makes these errors too. Police seek warrants for the wrong guy, execute a
search in the wrong house, arrest the wrong suspect, and even shoot unarmed suspects. We accept these
mistakes because we understand that no law-enforcement system can successfully protect our
communities from crime with perfection. The question is the error rate, how much it would cost to reduce
it, the impact on the effectiveness of the program, and the remedies we have for mistakes. Consider those
questions in the context of the NSA surveillance program. The more important question is not the top
of the fraction but the bottom not just how many mistakes occurred, but how many records were
searched overall. If there were 2,000 or so mistakes, as the Washington Post suggests, but involving
billions of communications, the error rate is well less than 1 percent. Without looking at the latest
figures, I suspect that is a far lower error rate than those turned in by domestic police on searches and
arrests.
To end the NSAs efforts to intercept terrorist communications would be to willfully blind ourselves
to the most valuable intelligence sources on al-Qaeda (now that the president wont allow the capture
and interrogation of al-Qaeda leaders). The more useful question is whether there is a cost-effective way
to reduce the error rate without detracting from the effectiveness of the program, which, by General Keith
But why, you ask, would the government collect all these records, even subject to minimization,
especially when Wyden was kicking up such a fuss about it? And, really, what's the justification for
turning the data over to the government, no matter how strong the post-collection rules are?
To understand why that might seem necessary, consider this entirely hypothetical example. Imagine
that the United States is intercepting al Qaeda communications in Yemen. Its leader there calls his
weapons expert and says, "Our agent in the U.S. needs technical assistance constructing a weapon for
an imminent operation. I've told him to use a throwaway cell phone to call you tomorrow at 11 a.m.
on your throwaway phone. When you answer, he'll give you nothing other than the number of a second
phone. You will buy another phone in the bazaar and call him back on the second number at 2 p.m."
Now, this is pretty good improvised tradecraft, and it would leave the government with no idea where or
who the U.S.-based operative was or what phone numbers to monitor. It doesn't have probable cause to
investigate any particular American. But it surely does have probable cause to investigate any American
who makes a call to Yemen at 11 a.m., Sanaa time, hangs up after a few seconds, and then gets a call from
a different Yemeni number three hours later. Finding that person, however, wouldn't be easy, because
the government could only identify the suspect by his calling patterns, not by name.
So how would the NSA go about finding the one person in the United States whose calling pattern
matched the terrorists' plan? Well, it could ask every carrier to develop the capability to store all
calls and search them for patterns like this one. But that would be very expensive, and its effectiveness
would really only be as good as the weakest, least cooperative carrier. And even then it wouldn't work
without massive, real-time information sharing -- any reasonably intelligent U.S.-based terrorist would
just buy his first throwaway phone from one carrier and his second phone from a different carrier.
The only way to make the system work, and the only way to identify and monitor the one American
who was plotting with al Qaeda's operatives in Yemen, would be to pool all the carriers' data on
U.S. calls to and from Yemen and to search it all together -- and for the costs to be borne by all of us,
not by the carriers.
In short, the government would have to do it.
Why does the NSA need to collect all that data? One former national security official explained it to me
this way: If you want to connect the dots and stop the next attack, you need to have a field of dots.
That is what the NSA is collecting. But it doesnt dip into that field unless it comes up with a new
dot for example, a new terrorist phone number found on a cellphone captured in a raid. It will
then plug that new dot into the field of dots to find out which dots are connected to the new
number. If you are not communicating with that terrorist, your dot is not touched. But the NSA
needs to have the entire field of dots so it can unravel the network connected to that terrorist.
In the case of the PRISM program, the NSA is targeting foreign nationals, not U.S. citizens, and not
even individuals in the United States. And all of this collection is being done with a warrant, issued by a
federal judge, under authorities approved by Congress.
The threat of nuclear terrorism looms much larger in the publics mind than the threat of a full-scale
nuclear war, yet this article focuses primarily on the latter. An explanation is therefore in order before
proceeding. A terrorist attack involving a nuclear weapon would be a catastrophe of immense
proportions: A 10-kiloton bomb detonated at Grand Central Station on a typical work day would likely
kill some half a million people, and inflict over a trillion dollars in direct economic damage. America and
its way of life would be changed forever. [Bunn 2003, pages viii-ix]. The likelihood of such an attack
is also significant. Former Secretary of Defense William Perry has estimated the chance of a nuclear
terrorist incident within the next decade to be roughly 50 percent [Bunn 2007, page 15]. David
Albright, a former weapons inspector in Iraq, estimates those odds at less than one percent, but notes,
We would never accept a situation where the chance of a major nuclear accident like Chernobyl would
be anywhere near 1% .... A nuclear terrorism attack is a low-probability event, but we cant live in a world
where its anything but extremely low-probability. [Hegland 2005]. In a survey of 85 national security
experts, Senator Richard Lugar found a median estimate of 20 percent for the probability of an attack
involving a nuclear explosion occurring somewhere in the world in the next 10 years, with 79 percent of
the respondents believing it more likely to be carried out by terrorists than by a government [Lugar
2005, pp. 14-15]. I support increased efforts to reduce the threat of nuclear terrorism, but that is not
inconsistent with the approach of this article. Because terrorism is one of the potential trigger
mechanisms for a full-scale nuclear war , the risk analyses proposed herein will include estimating the
risk of nuclear terrorism as one component of the overall risk. If that risk, the overall risk, or both are
found to be unacceptable, then the proposed remedies would be directed to reduce which- ever risk(s)
warrant attention. Similar remarks apply to a number of other threats (e.g., nuclear war between the U.S.
and China over Taiwan). his article would be incomplete if it only dealt with the threat of nuclear
terrorism and neglected the threat of full- scale nuclear war. If both risks are unacceptable, an effort to
reduce only the terrorist component would leave humanity in great peril. In fact, societys almost total
neglect of the threat of full-scale nuclear war makes studying that risk all the more important. The cosT of
World War iii The danger associated with nuclear deterrence depends on both the cost of a failure
and the failure rate.3 This section explores the cost of a failure of nuclear deterrence, and the next
section is concerned with the failure rate. While other definitions are possible, this article defines a
failure of deterrence to mean a full-scale exchange of all nuclear weapons available to the U.S. and
Russia, an event that will be termed World War III. Approximately 20 million people died as a result
of the first World War. World War IIs fatalities were double or triple that numberchaos prevented a
more precise deter- mination. In both cases humanity recovered, and the world today bears few scars that
attest to the horror of those two wars. Many people therefore implicitly believe that a third World War
would be horrible but survivable, an extrapola- tion of the effects of the first two global wars. In that
view, World War III, while horrible, is something that humanity may just have to face and from which it
The number of countries possessing the makings of a nuclear bomb has dropped by almost one-quarter
over the past two years, but there remain "dangerous weak links" in nuclear materials security that
could be exploited by terrorist groups with potentially catastrophic results, according to a study
released Wednesday.
Hundreds of scientific papers and reports have been published on nuclear terrorism. International conferences have been held on this threat with
participation of Russian organizations, including IMEMO and the Institute of U.S. and Canadian Studies. Recommendations on how to combat
the threat have been issued by the International Luxembourg Forum on Preventing Nuclear Catastrophe, Pugwash Conferences on Science and
World Affairs, Russian-American Elbe Group, and other organizations. The UN General Assembly adopted the International Convention for the
Suppression of Acts of Nuclear Terrorism in 2005 and cooperation among intelligence services of leading states in this sphere is developing. At
the same time, these
efforts fall short for a number of reasons, partly because various acts of nuclear
terrorism are possible. Dispersal of radioactive material by detonation of conventional explosives
(dirty bombs) is a method that is most accessible for terrorists. With the wide spread of
radioactive sources, raw materials for such attacks have become much more accessible than
weapons-useable nuclear material or nuclear weapons. The use of dirty bombs will not cause many immediate
casualties, but it will result into long-term radioactive contamination, contributing to the spread of panic
and socio-economic destabilization. Severe consequences can be caused by sabotaging nuclear power
plants, research reactors, and radioactive materials storage facilities. Large cities are especially
vulnerable to such attacks. A large city may host dozens of research reactors with a nuclear power
plant or a couple of spent nuclear fuel storage facilities and dozens of large radioactive materials
storage facilities located nearby. The past few years have seen significant efforts made to enhance organizational and physical
aspects of security at facilities, especially at nuclear power plants. Efforts have also been made to improve security
culture. But these efforts do not preclude the possibility that well-trained terrorists may be able to
penetrate nuclear facilities. Some estimates show that sabotage of a research reactor in a metropolis
may expose hundreds of thousands to high doses of radiation. A formidable part of the city would
become uninhabitable for a long time. Of all the scenarios, it is building an improvised nuclear
device by terrorists that poses the maximum risk. There are no engineering problems that cannot
be solved if terrorists decide to build a simple gun-type nuclear device. Information on the design
of such devices, as well as implosion-type devices, is available in the public domain . It is the acquisition of
weapons-grade uranium that presents the sole serious obstacle. Despite numerous preventive measures taken, we cannot rule out the possibility
that such
materials can be bought on the black market. Theft of weapons-grade uranium is also
possible. Research reactor fuel is considered to be particularly vulnerable to theft, as it is scattered
at sites in dozens of countries. There are about 100 research reactors in the world that run on
weapons-grade uranium fuel, according to the International Atomic Energy Agency (IAEA). A
terrorist gun-type uranium bomb can have a yield of least 10-15 kt, which is comparable to the
yield of the bomb dropped on Hiroshima. The explosion of such a bomb in a modern metropolis can
A nuclear terrorist attack will make the public accept further measures meant to enhance control
even if these measures significantly restrict the democratic liberties they are accustomed to.
Authoritarian states could be expected to adopt even more restrictive measures . If a nuclear terrorist act
occurs, nations will delegate tens of thousands of their secret services best personnel to investigate
and attribute the attack. Radical Islamist groups are among those capable of such an act. We can
imagine what would happen if they do so, given the anti-Muslim sentiments and resentment that conventional
terrorist attacks by Islamists have generated in developed democratic countries. Mass deportation
of the non-indigenous population and severe sanctions would follow such an attack in what will
cause violent protests in the Muslim world. Series of armed clashing terrorist attacks may follow.
The prediction that Samuel Huntington has made in his book The Clash of Civilizations and the
Remaking of World Order may come true. Huntingtons book clearly demonstrates that it is not Islamic extremists that are
the cause of the Western worlds problems. Rather there is a deep, intractable conflict that is rooted in the fault lines that run between Islam and
Christianity. This is especially dangerous for Russia because these fault lines run across its territory. To
sum it up, the political leadership of Russia has every reason to revise its list of factors that could undermine strategic stability. BMD does not
deserve to be even last on that list because its effectiveness in repelling massive missile strikes will be extremely low. BMD systems can prove
useful only if deployed to defend against launches of individual ballistic missiles or groups of such missiles. Prioritization of other destabilizing
factorsthat could affect global and regional stabilitymerits a separate study or studies. But even without them I can conclude that nuclear
terrorism should be placed on top of the list. The
Nuclear proliferation and the specter of nuclear terrorism are creating additional possibilities for
triggering a nuclear war. If an American (or Russian) city were devastated by an act of nuclear
terrorism, the public outcry for immediate, decisive action would be even stronger than Kennedy had
to deal with when the Cuban missiles first became known to the American public. While the action
would likely not be directed against Russia, it might be threatening to Russia (e.g., on its borders) or
one of its allies and precipitate a crisis that resulted in a full-scale nuclear war. Terrorists with an
apocalyptic mindset might even attempt to catalyze a full-scale nuclear war by disguising their act
to look like an attack by the U.S. or Russia.
The potential consequences of the unchecked spread of nuclear knowledge and material to terrorist
groups that seek to cause mass destruction in the United States are truly horrifying. A terrorist
attack with a nuclear weapon would be devastating in terms of immediate human and economic
losses. n49 Moreover, there would be immense political pressure in the United States to discover the
perpetrators and retaliate with nuclear weapons, massively increasing the number of casualties and
As terrorism increasingly becomes a tactic of warfare, the number of attacks and fatalities soared to
a record high in 2012, according to a new report obtained exclusively by CNN. More than 8,500
terrorist attacks killed nearly 15,500 people last year as violence tore through Africa, Asia and the
Middle East, according to the National Consortium for the Study of Terrorism and Responses to
Terrorism.
Thats a 69% rise in attacks and an 89% jump in fatalities from 2011, said START, one of the worlds
leading terrorism-trackers. Six of the seven most deadly groups are affiliated with al Qaeda, according to
START, and most of the violence was committed in Muslim-majority countries.
The previous record for attacks was set in 2011 with more than 5,000 incidents; for fatalities the previous
high was 2007 with more than 12,800 deaths.
Headquartered at the University of Maryland, START maintains the Global Terrorism Database, the most
comprehensive source of unclassified information about terrorist attacks, with statistics dating to 1970.
START, one of 12 Centers for Excellence funded by the Department of Homeland Security, plans to
release its full database in December but shared its early findings after a request by CNN.
This year is expected to outpace even 2012s record high. There were 5,100 attacks in the first six months
of 2013, said Gary LaFree, STARTs director, and the wave of violence shows few signs of ebbing.
In recent weeks, Al-Shabaab, a militant group based in Somalia, attacked a mall in Nairobi, Kenya,
leaving 67 dead; suicide bombers killed 81 at a church in Pakistan; and the Taliban took credit for killing
two police officers with a car bomb in Afghanistan.
To find and tally attacks like those, START's computers comb through 1.2 million articles from 50,000
media outlets each month with an algorithm to help identify and eliminate redundancies. Its 25-member
staff then studies, categorizes and counts each attack.
START's definition of terrorism closely mirrors that of the State Department and other experts. To be
counted as an act of terror, an incident has to be an intentional act or threat by a "non-state actor" that
meets two of these three criteria:
It was aimed at attaining a political, economic, religious or social goal.
It was intended to coerce, intimidate or convey a message to a larger group. It violated international
humanitarian law by targeting non-combatants. Part of the observed increase in 2012 may be due to
The National Security Agency described for the first time a cataclysmic cyber threat it claims to
have stopped On Sunday's "60 Minutes."
Called a BIOS attack, the exploit would have ruined, or "bricked," computers across the country,
causing untold damage to the national and even global economy.
Even more shocking, CBS goes as far as to point a finger directly at China for the plot "While the
NSA would not name the country behind it, cyber security experts briefed on the operation told us it was
China."
The NSA says it closed this vulnerability by working with computer manufacturers.
But the BIOS attack sounds staggering. From the "60 Minutes" broadcast (emphasis ours):
Debora Plunkett, director of cyber defense for the NSA: One of our analysts actually saw that the
nation state had the intention to develop and to deliver to actually use this capability to destroy
computers.
John Miller: To destroy computers?
Debora Plunkett: To destroy computers. So the BIOS is a basic input/output system. It's, like, the
foundational component firmware of a computer. You start your computer up. The BIOS kicks in. It
activates hardware. It activates the operating system. It turns on the computer.
This is the BIOS system which starts most computers. The attack would have been disguised as a
request for a software update. If the user agreed, the virus wouldve infected the computer.
John Miller: So, this basically would have gone into the system that starts up the computer, runs the
systems, tells it what to do.
Debora Plunkett: That's right.
John Miller: ... and basically turned it into a cinder block.
Debora Plunkett: A brick.
John Miller: And after that, there wouldn't be much you could do with that computer.
Debora Plunkett: That's right. Think about the impact of that across the entire globe. It could literally
take down the U.S. economy.
Ever since stories about the National Security Agencys (NSA) electronic intelligence-gathering
capabilities began tumbling out last June, The New York Times has published more than a dozen
editorials excoriating the national surveillance state. It wants the NSA to end the mass warehousing of
everyones data and the use of back doors to break encrypted communications. A major element of the
Times critique is that the NSAs domestic sweeps are not justified by the terrorist threat they aim to
prevent.
This paper will analyse the threat of cyber terrorism in regard to nuclear weapons. Specifically, this
research will use open source knowledge to identify the structure of nuclear command and control
centres, how those structures might be compromised through computer network operations, and how
doing so would fit within established cyber terrorists capabilities, strategies, and tactics. If access to
command and control centres is obtained , terrorists could fake or actually cause one nucleararmed state to attack another, thus provoking a nuclear response from another nuclear power . This
may be an easier alternative for terrorist groups than building or acquiring a nuclear weapon or
dirty bomb themselves. This would also act as a force equaliser, and provide terrorists with the
asymmetric benefits of high speed, removal of geographical distance, and a relatively low cost .
Continuing difficulties in developing computer tracking technologies which could trace the identity
of intruders, and difficulties in establishing an internationally agreed upon legal framework to guide
responses to computer network operations, point towards an inherent weakness in using computer
networks to manage nuclear weaponry. This is particularly relevant to reducing the hair trigger
posture of existing nuclear arsenals.
All computers which are connected to the internet are susceptible to infiltration and remote
control. Computers which operate on a closed network may also be compromised by various hacker
methods, such as privilege escalation, roaming notebooks, wireless access points, embedded exploits in
software and hardware, and maintenance entry points. For example, e-mail spoofing targeted at
individuals who have access to a closed network, could lead to the installation of a virus on an open
network. This virus could then be carelessly transported on removable data storage between the open and
closed network. Information found on the internet may also reveal how to access these closed networks
directly. Efforts by militaries to place increasing reliance on computer networks, including experimental
technology such as autonomous systems, and their desire to have multiple launch options, such as nuclear
triad capability, enables multiple entry points for terrorists. For example, if a terrestrial command centre is
impenetrable, perhaps isolating one nuclear armed submarine would prove an easier task. There is
evidence to suggest multiple attempts have been made by hackers to compromise the extremely low
radio frequency once used by the US Navy to send nuclear launch approval to submerged
submarines. Additionally, t he alleged Soviet system known as Perimetr was designed to
Up to now, the debate about the NSA has focused on the balance between discovering information
about terrorists and protecting the rights of citizens. This is understandable, as the legal basis for the
NSA programs is the Patriot Act, and because the White House justifies metadata collection on the same
grounds. But characterizing the issue as a choice between counterterrorism and civil liberties is
simplistic and misleading. The review group admirably stresses that there are security concerns
that go beyond terrorism, but it then fails to consider the value of metadata in addressing a host of
challenges the intelligence community is facing. Efforts to combat state-sponsored industrial
espionage, for example, require painstaking counterintelligence work. Efforts to break up
transnational proliferation networks are also likely to benefit from metadata collection; this is a
logical way to map the networks and see how they operate, which may be one reason why the
Obama administration is fighting so hard to keep the NSA programs alive.
Links
Link Uniqueness
When Congress breaks Thursday for the Fourth of July recess, it will have only 28 days left to work
before Election Day.
As members leave town, they also leave on the to-do list the National Defense Authorization Act,
more than 50 ambassador nominations to hotspots such as Iraq and Egypt and even expedited,
bipartisan legislation to overhaul the embattled Department of Veterans Affairs. The White House
and members of both parties are putting the pressure on congressional leadership to act but this
infamously do-nothing 113th Congress is unlikely to hold votes that could make lawmakers
vulnerable before the November midterm elections, leaving crucial national security, foreign policy
and veterans legislation in limbo.
Ocean Policy
Partisan battles are engulfing the nations ocean policy, showing that polarization over
environmental issues doesnt stop at the waters edge.
For years, ocean policy was the preserve of wonks. But President Obama created the first national
ocean policy, with a tiny White House staff, and with that set off some fierce election-year fights.
Conservative Republicans warn that the administration is determined to expand its regulatory reach
and curb the extraction of valuable energy resources, while many Democrats, and their
environmentalist allies, argue that the policy will keep the ocean healthy and reduce conflicts over
its use.
The wrangling threatens to overshadow a fundamental issue the countrys patchwork approach to
managing offshore waters. Twenty-seven federal agencies, representing interests as diverse as
farmers and shippers, have some role in governing the oceans. Obamas July 2010 executive order set
up a National Ocean Council, based at the White House, that is designed to reconcile the competing
interests of different agencies and ocean users.
The policy is already having an impact. The council, for example, is trying to broker a compromise
among six federal agencies over the fate of defunct offshore oil rigs in the Gulf of Mexico. Recreational
fishermen want the rigs, which attract fish, to stay, but some operators of commercial fishing trawlers
consider them a hazard and want them removed.
Still, activists invoking the ocean policy to press for federal limits on traditional maritime interests are
having little success. The Center for Biological Diversity cited the policy as a reason to slow the speed of
vessels traveling through national marine sanctuaries off the California coast. Federal officials denied the
petition.
During a House Natural Resources Committee hearing on ocean policy last year, the panels top
Democrat, Rep. Edward J. Markey (Mass.), said that opposing ocean planning is like opposing air traffic
control: You can do it, but it will cause a mess or lead to dire consequences.
Rep. Steve Southerland II (R-Fla.), who is in a tight reelection race, retorted that the policy was like air
traffic control helping coordinate an air invasion on our freedoms. An environmental group called Ocean
Champions is spending hundreds of thousands of dollars to unseat him.
Congress is more polarized than ever no ocean policy will sail through and 09
proves
Helvarg, Blue Frontier Campaign president, 14
[David, an American journalist and environmental activist and the founder and president of the marine
conservation lobbying organization Blue Frontier Campaign, 2/14/14, The oceans demand our
attention, http://thehill.com/blogs/congress-blog/energy-environment/198361-the-oceans-demand-ourattention, accessed 7/11/14, GNL]
The latest battle over the future of Americas ocean frontier is being fought out in a seemingly
unrelated bill in Congress. Democratic Sen. Sheldon Whitehouse (R.I.) recently introduced his
National Endowment for the Oceans rider to the Senate version of the Water Resources
Development Act (WRDA), which funds the Army Corps of Engineers to work on dams, dredging
and flood control. The Endowment would establish a permanent fund based on offshore energy
revenue for scientific research and coastal restoration.
On the House side Tea Party Republican Rep. Bill Flores (Texas) has a rider to cancel out any funding
that might allow the Army Corps to participate in the Obama administrations National Ocean Policy,
which he claims would empower the EPA to control the property of his drought-plagued constituents
should any rain (generated by the ocean) land on their rooftops.
One rider represents a constructive addition and the other a paranoid partisan impediment to an
ocean policy aimed at coordinating federal agencies in ways that could reduce conflict, redundancy
and government waste, putting urban planning in the water column, in the words of former
Garnering robust national support and leadership is critical for the improvement of marine
pollution given the interconnectivity between landlocked regions, coastal regions, and the ocean.
Unfortunately, the JOC gave this category a C, noting that although the NOP laid good
groundwork, it lacked communication, stakeholder engagement, and tangible results. 162
Although the NOC successfully released strategic action plans and the draft Implementation Plan,
and organized the National Coastal and Marine Spatial Planning Workshop in June 2011, the
Councils work is far from complete.163
Comments submitted during various stages of NOP implementation reflect the disconnect between
stakeholders, notably industry stakeholders, and the NOC. For example, some raised concerns about the
effect of adopting a precautionary approach as suggested in one of the NOPs guiding stewardship
principles. The language of the relevant principle read: Decisions affecting the ocean, our coasts, and the
Great Lakes should be informed by and consistent with the best available science. Decision-making will
also be guided by a precautionary approach as reflected in the Rio Declaration of 1992, which states
in pertinent part, [w]here there are threats of serious or irreversible damage, lack of full scientific
certainty shall not be used as a reason for postponing cost-effective measures to prevent
environmental degradation. 164
Many feared that this precautionary approach might mandate action or prohibit activities,
conceivably to the detriment of certain industries. However, the NOP Task Force clarified the
misconception by stating in part, precaution is a tool or approach . . . it is clear that the precautionary
approach does not mandate action or prohibit activities.165 In order to garner support from all
stakeholders, particularly in the current political environment, it is essential that the NOC
regularly involve all stakeholders during the actual implementation and future development of the
NOPs objectives and actions.
Ocean policy unpopular GOP has voted against the NOP agenda every time so far
Madsen, Pacific Fisheries Management Council chairwoman, 12
(Stephanie, vice president of the Pacific Seafood Processors Association, Summer, 2012, Pacific
Fisheries Review, National Ocean Policy: A New Bureaucracy That Could Compromise
Regional Fisheries Management,
http://www.pacificfisheriesreview.com/pfr_june12_story6.php, accessed 6/27/14, GNL)
When the National Ocean Policy was established by President Obama in 2010 it signaled a serious
attempt to address the many shortcomings of our nations piecemeal approach to ocean
management. Taking its cue from the recommendations of the U.S. Commission on Ocean Policy - a
Ocean policies are unpopular with the GOP despite success stories NOP proves
Stauffer, Surfrider Foundation ocean program manager, 12
[Pete, 5/7/12, Surfrider Foundation, Why I Support the National Ocean Policy (And You Should Too,
http://www.surfrider.org/coastal-blog/entry/why-i-support-the-national-ocean-policy-and-so-should-you,
accessed 7/9/14, GNL]
So when President Obama established the National Ocean Policy (NOP) through an executive order in
July of 2010, it wasnt just another government initiative for me. It was a sign of hope that finally a real
attempt was being made to address the many shortcomings of our nations piecemeal approach to ocean
management, highlighted by the U.S. Ocean Commission, the Joint Oceans Commission, and many
others. In short, it was the promise of a new era in ocean and coastal stewardship.
Now, less than two years later, there are indeed encouraging signs of progress. The National Ocean
Council is building on the momentum of public listening sessions held around the country and
finalizing an Implementation Plan of federal actions to address key issues such as water quality,
ecosystem protection, science support, and marine spatial planning. Meanwhile, regional ocean
partnerships are coalescing in New England, the Mid-Atlantic, the West Coast, and elsewhere, bringing
together states, Tribes, ocean stakeholders, and the public to address place-based needs and priorities.
Ocean policy is unlikely to be successful other issues take priority even if popular
as LOST proves
McCarthy, Center for New American Security intern, & Nye, Harvard University
Distinguished Service professor, 9
[Michael McCarthy, Joseph S. Nye, 12/16/9,Center for New American Security, A New Approach to
Ocean Policy, http://www.cnas.org/blog/a-new-approach-to-ocean-policy-6301#.U73DifldUmM,
accessed 7/9/14, GNL]
If you put your ear up to the Oval Office and listen very carefully, you can hear the gentle sound of
ocean waves lapping. Thats because the presidentially-mandated Interagency Ocean Policy Task Force
(hereafter the task force) has just released its full report to supplement the interim report (pdf) already
released in September. We have covered issues relating to the task force periodically on this blog, but
I wanted to create a one-stop reference on the task force for you, dear readers.
President Obama authorized the task force on June 12 (pdf). It is an interagency effort, guided by the
Council on Environmental Quality and consisting of representatives from the National Oceanic and
Atmospheric Administration, the Department of the Interior, the U.S. Coast Guard, the U.S. Navy,
and other agencies. The task force was charged with developing a recommendation for a national
policy that ensures protection, maintenance, and restoration of oceans, our coasts and the Great Lakes. It
will also recommend a framework for improved stewardship, and effective coastal and marine spatial
planning. (Note: though I hail from the greatest city in the country, Im not going to focus on the Great
Lakes here). To this end, task force members traveled the country and held a series of public meetings
(pdf all) to gather information on ocean issues. These matters may appear to be solely the purview of
The Obama Administration issued Executive Order 13,547, intending for Congress to "show support
for effective implementation of the NOP, including the establishment of an ocean investment
fund"--the hope being that Congress would codify the Order in subsequent legislation. n130 At
present, Congress is wrestling with some bills relating to the NOP; however, not all proposals
support the policy . For example, the House has adopted an amendment to the Water Resources and
Development Act ("WRDA") n131 that would bar the Obama Administration from implementing
marine spatial planning under the WRDA, specifically "preventing the Army Corps of Engineers and
other entities that receive money from the bill from implementing such planning as part of the National
Ocean Policy." n132 Then again, also before Congress is a bill that seeks to establish a National
Endowment for the Oceans, which would fund programs and activities to "restore, protect, maintain, or
understand living marine resources and their habitats and ocean, coastal, and Great Lakes resources. . . ."
n133 For this bill to pass, House and Senate members must agree to prioritize ocean conservation
and research, and allocate funds to [*647] the initiative. Although the NOP is appearing on the
Congressional docket, it is hard to find hope for successful ocean reform in the current
congressional atmosphere.
Two influential groups anglers and energy firms have joined Republicans in questioning the
administrations approach.
In March, ESPN Outdoors published a piece arguing that the policy could prohibit U.S. citizens from
fishing some of the nations oceans, coastal areas, Great Lakes, and even inland waters. The article,
which convinced many recreational fishermen that their fishing rights were in jeopardy, should have been
labeled an opinion piece, the editor said later.
Fishermen saw this as just another area where fishing was going to be racheted down, said Michael
Leonard, director of ocean resource policy for the American Sportfishing Association, whose 700
members include the nations major boat manufacturers, as well as fish and tackle retailers. Leonard
added that the White House has solicited some input from anglers since launching the policy and that they
will judge the policy once its final implementation plan is released, after the election.
The National Ocean Policy Coalition a group based in Houston that includes oil and gas firms as
well as mining, farming and chemical interests has galvanized industry opposition to the policy.
Its vice president works as an energy lobbyist at the law firm Arent Fox; its president and executive
director work for the firm HBW Resources, which lobbies for energy and shipping interests.
Brent Greenfield, the groups executive director, said that the public has not had enough input into the
development of the policy and that his group worries about the potential economic impacts of the
policy on commercial or recreational activity.
Sarah Cooksey, who is Delawares coastal-programs administrator and is slated to co-chair the MidAtlantics regional planning body, said the policy will streamline application of laws already on the
books. No government wants another layer of bureaucracy, she said.
In Southerlands reelection race, Ocean Champions has labeled the congressman Ocean Enemy #1 and
sponsored TV ads against him. Jim Clements, a commercial fisherman in the Florida Panhandle district,
has mounted billboards against Southerland on the grounds his stance hurts local businesses.
Southerland declined to comment for this article.
Ocean Champions President David Wilmot said that while most ocean policy fights are regional, this is
the first issue Ive seen thats become partisan. I do not think it will be the last.
President Obama announced Tuesday his intent to make a broad swath of the central Pacific Ocean
off-limits to fishing, energy exploration and other activities.
The proposal, slated to go into effect later this year after a comment period, could create the
worlds largest marine sanctuary and double the area of ocean globally that is fully protected.
Im going to use my authority to protect some of our nations most precious marine landscapes, Obama
said in a video to participants at a State Department conference, adding that while the ocean is being
degraded, We cannot afford to let that happen. Thats why the United States is leading the fight to protect
our oceans.
The announcement first reported earlier Tuesday by The Washington Post is part of a broader push
on maritime issues by an administration that has generally favored other environmental priorities. The
oceans effort, led by Secretary of State John F. Kerry and White House counselor John D. Podesta, is
likely to spark a new political battle with Republicans over the scope of Obamas executive powers.
The president will also direct federal agencies to develop a comprehensive program aimed at combating
seafood fraud and the global black-market fish trade. In addition, the administration finalized a rule last
week allowing the public to nominate new marine sanctuaries off U.S. coasts and in the Great Lakes.
Obama has used his executive authority 11 times to safeguard areas on land, but scientists and activists
have been pressing him to do the same for untouched underwater regions. President George W. Bush
holds the record for creating U.S. marine monuments, declaring four during his second term, including
the one that Obama plans to expand.
Under the proposal, according to two independent analyses, the Pacific Remote Islands Marine National
Monument would be expanded from almost 87,000 square miles to nearly 782,000 square miles all of
it adjacent to seven islands and atolls controlled by the United States. The designation would include
waters up to 200 nautical miles offshore from the territories.
Its the closest thing Ive seen to the pristine ocean, said Enric Sala, a National Geographic explorer-inresidence who has researched the areas reefs and atolls since 2005.
Obama has faced criticism from a variety of groups including cattle ranchers, law enforcement
officers and ATV enthusiasts over his expansion of protections for federal lands. The ocean area
under consideration, by contrast, encompasses uninhabited islands in a remote region with sparse
economic activity.
The oceans of studies on dying seas have done nothing to stop their devastation. In a 2011 report, the
Oxford-based International Program on the State of the Ocean wrote that the planet faced losing marine
species and entire marine ecosystems, such as coral reefs, within a single generation. Last month, the
United Nations Intergovernmental Panel on Climate Change reported that the effects of humaninduced climate change are already far-reaching. It also singled out ocean acidification. As the
oceans absorb higher levels of carbon, the more acidic water threatens coral reefs, shellfish, and
other marine life.
The experts only confirm what people around the world see every day: marshland, once teeming with
wildlife, paved over; subsistence fishermen in poor countries driven from the ocean by industrial fishing;
recreational fishermen chasing fewer and smaller fish farther out to sea; surfers getting hepatitis shots
before entering sewage-contaminated waters; families on vacation snorkeling through coral bone-yards.
In the Chesapeake Bay, the United States largest estuary, harvests of native oysters have fallen to less
than one percent of historic levels due to the combined effects of overfishing, disease, and habitat
destruction.
There is no shortage of international recommendations, action plans, and other prescriptions for
restoring the oceans health. The 1982 United Nations Convention on the Law of the Sea, the 1992 Rio
Earth Summit, the 2002 Johannesburg World Summit on Sustainable Development, and the 2012 United
Nations Conference on Sustainable Development (Rio+20) all put forward different ways to protect the
oceans from pollution and overfishing, preserve biological diversity, and help developing countries build
the scientific and institutional capacities to run effective conservation and management programs of their
own. The calls for action have brought some victories, such as international rules limiting what oil
tankers discharge into the sea, a global ban on the disposal of nuclear waste into the ocean, and the
creation of marine reserves, or protected areas of the ocean. But as much as these measures helped,
they have not eliminated all the other threats to the seas.
The problem is not ignorance but political will. At the most basic level, governments and industries
are simply not doing enough of the right things. The situation is especially dire in poor countries,
which have fewer assets for managing and protecting marine resources. Even wealthy countries, such as
the United States, which has made admirable progress in reducing air pollution, providing safe drinking
The White House on Tuesday issued its final plan for managing the nation's oceans, outlining a strategy
that aims to coordinate the work of more than two dozen agencies and reconcile competing
interests including fishing, offshore energy exploration and recreational activities.
While environmentalists as well as some fishing industry officials and state authorities have
embraced the National Ocean Policy, it has infuriated conservatives, who describe it as an example
of how the Obama administration is overreaching and seeking to limit the rights of recreational
anglers and others. Nancy Sutley, who chairs the Council on Environmental Quality and co-chairs the
group overseeing the policy, said in a statement the plan embodies the type of efficient, collaborative
government that taxpayers, communities, and businesses expect from their federal government.
John P. Holdren, who directs the White House Office of Science and Technology Policy and co-chairs the
National Ocean Council along with Sutley, said the plan will help advance relevant science and its
application to decision-making regarding the ocean. Those measures include sharing data on severe
storms and sea level rise, as well as melting ice in the Arctic.
Several House Republicans have predicted the policy will expand the ability of the Environmental
Protection Agency and other agencies to regulate land-based activities since water from there eventually
flows to the ocean:
Prior to final passage of its WRDA bill, the House voted 225193 to include an amendment by Rep. Bill
Flores (R-TX) that would prevent the U.S. Army Corps of Engineersthe primary agency regulated by
WRDAfrom participating in any activities related to the National Ocean Policy. Rep. Flores has
successfully included several similar anti-National Ocean Policy provisions to bills in the past,
despite its potential benefits for coastal states and regions.
The National Ocean Policy, initiated under President George W. Bush and implemented via
executive order by President Barack Obama in 2010, has become a punching bag for Flores and
other conservatives, particularly those on the Natural Resources Committee. They irrationally fear
that it could make an end run around congressional authority and lead to imposition of new
regulations. In reality, the policy permits government agencies to operate more efficiently and
reduce duplication of effort while allowing different regions of the country to prioritize the ocean issues
and concerns that matter most to them.
Perhaps the simplest way to describe this policy and council is to envision a national zoning board
for oceans and all of the inland communities and activities that might affect the oceans. Youve
probably dealt with a local zoning board that keeps order between residential neighborhoods and busy
commercials areas. You may not always agree with their decisions, but we can all appreciate local control
over such matters.
President Obamas National Ocean Policy takes zoning to a massive scale, giving Washington pencil
pushers more power to decide what activities are acceptable in the ocean zones they create. And
when federal agencies are authorizing activities, the converse can be assumed: they will close off
other activities, and limit authorized activities only to approved zones. The uncertainty that results
will further limit economic growth.
After years of attempts at cutting the agencys funding, House Republicans want the National
Oceanic and Atmospheric Administration (NOAA) to focus more on predicting storms and less on
studying climate change.
The House is set to vote next week on a bill that would force NOAA to prioritize its forecasting over its
climate research. The bill, introduced last June by Rep. Jim Bridenstine (R-OK), wouldnt require NOAA
to stop its climate research, but it would require the agency to prioritize weather-related activities,
including the provision of improved weather data, forecasts, and warnings for the protection of life and
property and the enhancement of the national economy. Among other things, it would direct the Office
of Oceanic and Atmospheric Research, NOAAs research and development arm which studies
weather, climate and other environmental forces, to create new weather programs, including one
focused on tornado warnings.
Bridenstine, whose home state of Oklahoma was ravaged by severe tornadoes last year, said that the bills
intent was to protect lives and property by shifting funds from climate change research to severe weather
forecasting research.
But though scientists are still trying to determine what, if any, impact climate change has on tornadoes,
science has shown that climate change is a driver of other forms of extreme weather. Bridenstine is also a
known climate denier who last year asked President Obama to apologize to Oklahoma for investing in
climate change research.
We know that Oklahoma will have tornadoes when the cold jet stream meets the warm Gulf air, and we
also know that this President spends 30 times as much money on global warming research as he does on
weather forecasting and warning, he said.
Congress has tried to influence what NOAA spends its time and money on in the past, but it hasnt
always been in line with a pro-weather research agenda. In 2011, a House-passed bill cut funding for
NOAA satellite programs, which play a key role in weather forecasting, and in 2012, Republican
lawmakers proposed further cuts to the satellite program. NOAA was also hit by last summers
across-the-board sequester cuts, which forced NOAA to furlough employees so it could keep its
weather forecasting and satellite operations intact.
Already, NOAA spends more on weather forecasting than it does on climate research. In 2013,
NOAA spent about $742 million on local weather warnings and forecasts, compared to the $108 million it
The above as I am sure everyone can recognize as a picture of an off-shore oil rig. Nice to see, right?
When they are in your own backyard. Like say, in the Gulf of Mexico, in Alaska, and off the Atlantic
coast.
But these oil rigs are disappearing. Rapidly. As a result of President Obamas energy policy that is
costing jobs and choking the economy. 12 of these rigs have gotten fed up with Obama and his
bureaucracy which includes the Department of the Interior (Ken Salazar, Secretary), the EPA, and the
Bureau of Ocean Energy, Management and Regulation Enforcement (BOEMRE, Michael Bromwich
heads) and moved to sunnier shores. Brazil, the north Atlantic and off the coast of Venezuela. Yep, to
Hugo Chavez territory.
I had the pleasure of being part of a conference call with Rep. Cathy McMorris Rodgers (R-WA #5),
Rep. Kevin McCarthy (R-CA #22) and Rep. Steve Scalise (R-LA #1). All are part of the Energy
Action Team in the House.
Most of you are probably aware that today Obama raided the U.S. Strategic Petroleum Reserve. 30
million barrels out of 727 million barrels. Enough to keep the U.S. supplied with oil and gasoline for a
mere 2 days, at the most. A political move which was a reaction to U.S. consumers ire about the rising
cost of gasoline and yet this action did not create one job .
The Strategic Petroleum Reserve (SPR) was created in 1973 and is meant to be used only when a dire
national emergency exists. It has been tapped only twice before: once under President George H.W. Bush
during the first Gulf War when the Iraqis set fire to oil fields and once again under George W. Bush
during hurricane Katrina when rigs in the Gulf of Mexico were at risk.
Where is the emergency today, Mr. Obama? It is a crisis of your own making. Slow-walking of oil and
gas rig permits, ping-ponging bureaucracy WITHIN the EPA, not between other agencies. A
moratorium in the Gulf, which a federal judge has ruled twice is illegal, yet DOI Secretary Ken Salazar is
not in jail for civil contempt, as any other person would be . The permatorium has cost over 13,000
jobs, and one company even has been investigating moving shop to Africa.
Shell has spent over $4 billion in the permit-process in the Alaskan Beaufort Sea, only to be told NO!
over and over again.
Even in the bitterest partisan times, ocean issues tend to exist outside the traditional political boxing
ring. They usually foster alliances based far more on geography than on party affiliation. Members who
represent coastal states and districts usually recognize the value of sustaining and investing in our
valuable ocean resources, and they prioritize them more than their inland counterparts. But in recent
months the escalation of rancor and polarization encompassed even the normally temperate issue of
ocean policy.
Nowhere is this tone more prevalent that in the House Committee on Natural Resources, where
Republicans have made President Barack Obamas National Ocean Policy public enemy number
one.
Ever since its roll-out, the policyimplemented by an executive order in 2010 to provide a
comprehensive set of guiding principles for the stewardship of the ocean, our coasts, and the Great
Lakeshas been taking fire from opponents who cite it as an overreach that would spawn jobkilling regulations, according to Rep. Doc Hastings (R-WA) and would mean the death of all
land-use planning in this country, in the words of Rep. Tom McClintock (R-CA).
A new report by a group of former world leaders, including ex-prime minister Paul Martin, says fixing
our oceans will require unpopular , expensive changes.
64 per cent of the ocean surface isnt under the control and protection of a national government and The
Global Ocean Commission has put forward a report on the declining health of the planets high
seas.
The commission is a combination of public and private sector figures, including former heads of
state and ministers as well as business people, supported by scientific and economic advisors working
on ways to reverse the degradation of the ocean and address the failures of high seas governance.
The politics of the ocean are often very different from other environmental issues. On the one hand,
the oceans have a few tireless champions like Rep. Sam Farr (D-Ca.) who represents the Monterey Bay
area. But consider that Rep. Barney Frank (D-Mass.), with generally one of the best environmental
voting records Congress, has been leading the fight against tough overfishing regulations in federal
law, largely because he has an active concentration of commercial fishermen in his district who
could place his re-election in jeopardy if he is not responsive to their demands, however short-sighted
they may be. And the senator who has shown the most leadership on fisheries policy is Sen. Ted Stevens
(R-AK.), better known for his efforts to open ANWR.
To help ocean conservationists build political power, in 2003 we launched the first political organizations
for the oceans, Ocean Champions and Ocean Champions Voter Fund, to help politicians who care about
the oceans get elected to Congress (and to defeat bad ones, like Rep. Richard Pombo and to brand
oceans as a political issue. Our early efforts have been promising. For instance, Ocean Champions
Environmental groups, federal agency representatives, many federal and state lawmakers, and other ocean
users around the country applauded the National Ocean Policy. Some industry representatives and
federal lawmakers, howevermost notably, Rep. Doc Hastings (R-WA), Chair of the House
Natural Resources Committeehave made it their mission to destroy the Policy.
Wait, some people actually are opposed to this the Policy? The National Ocean Policy has been
surprisingly controversial for an initiative that is focused on streamlining decision making and
using existing agency resources more efficiently, and which explicitly does not involve promulgation
of new regulations. Following enactment of the Policy, House lawmakers (with the support of oil and
gas producers, commercial fisherman, shippers, and other industry representatives) held various
hearings questioning the intended purpose and consequences of the Policy (see, e.g., an October 2011
House hearing on A Plan for Further Restrictions on Ocean, Coastal and Inland Activities) and even
made multiple attempts to block funding for implementation based on a vague claim that the
National Ocean Policy will result in ocean zoning. Hopefully, the common-sense approach of the
Implementation Plan will help to put these ungrounded fears to bed.
Prior to final passage of its WRDA bill, the House voted 225193 to include an amendment by Rep. Bill
Flores (R-TX) that would prevent the U.S. Army Corps of Engineersthe primary agency regulated by
WRDAfrom participating in any activities related to the National Ocean Policy. Rep. Flores has
successfully included several similar anti-National Ocean Policy provisions to bills in the past,
despite its potential benefits for coastal states and regions.
The National Ocean Policy, initiated under President George W. Bush and implemented via
executive order by President Barack Obama in 2010, has become a punching bag for Flores and
other conservatives, particularly those on the Natural Resources Committee. They irrationally fear
that it could make an end run around congressional authority and lead to imposition of new
This week, the Washington Post examined the fervent bullying faced by the National Ocean Policy over
the course of this election year and its role as a battleground for polarized election-year fights. Critics
attempted to block funding for its implementation, claiming the policy served as an executive power
grab, lacking in stakeholder involvement and increasing in bureaucratic red tape. However,
blocking implementation of the National Ocean Policy could restrict agencies already struggling to
maintain services vital to the health of our coastal communities, and will exacerbate conflicts
between interests competing for space in our nations waters.
Its worth noting that supporting the ocean through a stronger and more effective ocean policy has
historically attracted bipartisan support . In 2004 President George W. Bush released the U.S. Ocean
Action Plan recognizing the challenge in developing management strategies for our coastal and ocean
waters, and expressed the need for systematic coordination. And under Mitt Romney, Massachusetts
pioneered legislation to create a comprehensive planning process for state ocean waters. Romney
declared: Our ocean waters are vulnerable to unplanned development. We want to avoid a Wild
West shootout, where projects are permitted on a first come, first served basis. With this insight
and by engaging stakeholders from all sectors and various levels of government, Massachusetts created
simple and effective solutions to balance competing interests and allow business to move forward.
Failing to implement a coordinated, science-based, participatory ocean policy hinders maritime
industries and unnecessarily risks the health of our marine environment and coastal communities.
Energy developers, port authorities, fishermen, shippers, our armed forces and members of both political
parties all recognize this.
It is estimated that 20 percent of all wild marine fish caught in the world comes from illegal fishing
operations, which are often connected to other illegal activities (trafficking of drugs, weapons and
people). A disturbing illustration of the degree of ocean pollution came from Sen. Sheldon
Whitehouse, who noted that top ocean predators are so loaded with toxins that dumping their
carcasses along the coastline would be in violation of the national anti-pollution laws! The Great
Pacific Garbage Patch, swirling with pieces of plastics that are now entering food web, potentially
harming human seafood consumers too, is yet another example of how we treat the ocean as a dump.
Climate change is a particular threat to oceans. Species that used to be concentrated in the Californian
seas are now looking for refuge in cooler waters off the coast of Pacific Northwest. The warming ocean
water expands and gains volume from melting ice on land, which has led many coastal communities to
experience more frequent flooding and even permanent loss of land and its cultural heritage. Shellfish
producers are acutely aware of the risks brought by the increasingly sour oceans. Many other organisms
can also be harmed by ocean acidification and this damage can climb up the food chains all the way to
humans.
As Secretary of the Interior Sally Jewell put it in her address to the CHOW audience: the problems
are complex, but can be made less complex if we all join forces in tackling them. If everyone
contributes to making a positive change, we have a good reason to believe in a better future for
oceans and for us. Societies that fail to recognize that humans are part of the natural environment
expose themselves to a risk of downfall.
Washington, DC With our oceans and coastal resources, and the economies and jobs they support,
facing constant and increasingly direct pressure from a variety of sources, a bipartisan group of
U.S. Senators today met to form a new Senate Oceans Caucus. The Caucus will work to increase
awareness and find common ground in responding to issues facing the oceans and coasts, which
support millions of jobs in America and contribute more to the countrys GDP than the entire farm sector,
grossing more than $230 billion in 2004.
Following todays inaugural meeting, the members announced that U.S. Senators Sheldon Whitehouse
(D-RI) and Lisa Murkowski (R-AK) will serve as Caucus Co-Chairs. Senators Mark Begich (D-AK)
and Olympia Snowe (R-ME), as Chair and Ranking Member of the Commerce Subcommittee on
Oceans, Atmosphere, Fisheries and Coast Guard, will serve as Honorary Co-Chairs of the Senate
Oceans Caucus to promote effective coordination with the subcommittee. Other Caucus members are
Daniel Akaka (D-HI), Richard Blumenthal (D-CT), Barbara Boxer (D-CA), Scott Brown (R-MA), Maria
Cantwell (D-WA), Ben Cardin (D-MD), Tom Carper (D-DE), Chris Coons (D-DE), Lindsey Graham (RSC), Daniel Inouye (D-HI), John Kerry (D-MA), Mary Landrieu (D-LA), Patty Murray (D-WA), and Ron
Wyden (D-OR).
Im honored to join my colleagues today to announce the formation of the Senate Oceans Caucus, said
Senator Whitehouse. For coastal states like Rhode Island, our oceans are a vital part of our economy and
our history, and we must take smart steps to manage and protect them as a resource for future generations.
This Caucus will work together on a bipartisan basis to help make that happen.
I am proud to represent both the Pacific and Arctic Ocean interests as the Senate Oceans Caucus begins
our important work, said Senator Murkowski. To Alaskans, our vast coastlines connect us to our farms
and our factories for growth whether its our bountiful fisheries or resource opportunities. To an
outlying state like Alaska, its also our interstate highway system for shipping, tourism and commerce. We
must make bipartisan decisions today to guard them as they help feed our future growth.
During todays meeting the senators adopted a founding charter which lays out the principles for the
Caucus, and specifically discussed the following issues: international and domestic fisheries policy,
gaps in ocean science, and challenges to ocean and coastal resource management.
The oceans drive Alaskas economy though commercial, recreational and subsistence fishing, tourism
and international commerce, said Senator Begich. I welcome the formation of this caucus and its
bipartisan approach to dealing with the many challenges and opportunities of our oceans. As chair
Assistant professor of Oceanography Matthew Oliver presented some work on carbon export, or the
movement of carbon from the atmosphere into the ocean, in the South Sea. First of their kind floats
are used to look at phytoplankton blooms when Iron 2 is added to the water it completes the
cycle the phytoplankton need to get carbon out of the atmosphere.
"How that system works will be very important in the next 100 to 200 years," Oliver said. "The question
is, once you put that in, what is the future of the carbon?"
The idea is when the phytoplankton die they sink to the deep ocean, where the carbon can be locked
away for 2,000 3,000 years, Oliver said. If that really happens, and if so what the effects may be,
still need to be considered.
"My initial reaction is that could be huge," Carper said.
Officials from the Delaware Sea Grant College Program and the University of Delaware updated
Sen. Tom Carper about on-going research projects taking place at the campus in Lewes and beyond
during a meeting June 13.
Professors, Delaware Sea Grant assistant director Jim Falk and Nancy Targett, dean of the College of
Earth, Ocean, and Environment, used the 45-minute meeting to briefly summarize more than half a
dozen projects for Carper, giving him knowledge he can use later when advocating for the Sea
Grant program.
The National Oceanic and Atmospheric Administration's National Sea Grant College Program is
comprised of 33 university based programs, like Delaware's, and receives about $65 million in federal
funding each year, Falk said. Delaware gets about $1.3 million of that each year, and that number has
stayed fairly flat despite difficult financial times, Falk said.
Throughout his political career, Senator Carper has been a leader on clean energy development
and watershed conservation, said Mike Dunmyer, Ocean Champions Executive Director. He knows
and has proven that it is possible to pursue policies that protect the environment while also creating
new jobs and strengthening the economy.
As Delawares Governor, Carper enacted the Inland Bays Watershed Enhancement Act to restore
and protect critical habitat in Southeastern Delaware. He did this while balancing the states budget
every year, lowering taxes in seven of his eight years and driving major job growth. As Senator, he
ascended to Chair the Subcommittee on Clean Air and Nuclear Safety, where he has championed
offshore wind energy development and positioned Delaware to be a leader in this technology, which has
the capacity to create thousands of new jobs. As the Founder and Co-Chair of the Senate Recycling
Caucus, he helped pass a bill to increase Americas recycling capacity while creating new green
jobs. He has also introduced legislation to restore and protect the Delaware River Basin.
In addition to his leadership on clean energy, Senator Carper has also defended the Clean Air Act
and the EPAs ability to regulate harmful pollutants. He has seen these efforts repeatedly provide
major public benefits in terms of reduced health care costs, lives saved and green jobs. He also knows
that with increasingly common extreme weather causing droughts for Delaware farmers and driving
violent storms toward its coasts, climate change is a real threat that must be addressed by innovating
away from reliance on fossil fuels.
I am grateful and humbled to be recognized for my work to protect our environment, particularly
our oceans, and foster the development of new, clean American energy sources - like offshore wind that create good-paying, sustainable jobs, both in Delaware and across the country, said Sen. Tom Carper
(D-Del.) Many people like to claim that we must choose between a clean environment and job
growth. I disagree. As one of the founding members of the Senate Oceans Caucus and chair of the
Senate Subcommittee on Clean Air, I have seen firsthand the positive outcomes that stem from
keeping stewardship of our natural environment in mind as we help create a nurturing economic
environment for creating jobs and growing our economy. This is certainly true in Delaware, where
today our world-class, clean beaches are a major driver of our local economy and where we hope one day
Washington, D.C. Today, U.S. Senator Kay Hagan announced that after she sent a letter to Senate
Appropriations Committee leaders, the committee rejected an effort to close the National Oceanic
and Atmospheric Administration (NOAA) lab in Beaufort, North Carolina. Hagan has strongly
opposed closing the lab, and in April, she sent a letter to Appropriations Committee leaders urging
the committee to reject the portion of the Presidents fiscal year 2015 proposal that would close the
NOAA Center for Coastal Fisheries and Habitat Research, which supports 100 jobs in Carteret
County.
The NOAA Lab in Beaufort is a critical research facility employing approximately 100 people,
including world-renowned scientists, and provides important collaborative educational partnerships
between the federal government and top universities in North Carolina, said Senator Hagan. I am
committed to protecting this facility and Carteret County jobs, and the bill passed by the Senate
Appropriations Committee this week brings us one step closer to keeping the NOAA Lab in Beaufort
open for business.
Washington, D.C. September 21, 2012 Ocean Champions, which works to build political power
for the oceans by helping to elect pro-ocean candidates to the U.S. Congress, proudly endorses
Angus King for Maines open Senate seat.
As a wind power business owner, Governor King has been on the front lines of renewable energy
development, said David Wilmot, Ocean Champions President and Co-Founder. Were excited that
hell bring that passion for sustainability through technology and innovation to the Senate.
With his long history in the clean tech sector, King brings a commitment to sustainable energy, both
as a means of addressing ocean acidification and climate change, and as a platform for economic
growth.
King also sees the Gulf of Maine as one of our most important resources and believes it must be managed
to preserve its beauty and productivity for generations to come. Maines commercial fishing industry is an
important economic engine for the state, and protecting those jobs requires sustainable management of
Maines fisheries. Here again, King would see an opportunity for technology to help fishermen improve
the management of the fishery.
"The oceans are important to our environment, a significant aspect of Maine's culture and heritage,
and support a substantial portion of our economy, said Governor King. The Clean Air Act and Clean
Water Act championed by Sen. Ed Muskie have provided essential protections for our natural resources
for generations. If elected as the next US Senator from Maine I would be honored to continue Maines
legacy as a leader in this important work."
Sen. King (I-ME) can caucus on either side-allowing him to pass more policy by
switching to the majority
OKeefe, Washington Post congressional reporter, 14
[Ed, 4-10-14, The Washington Post, Angus King suggests he may caucus with GOP if it retakes Senate,
http://www.washingtonpost.com/blogs/post-politics/wp/2014/04/10/angus-king-suggests-he-may-caucuswith-gop-if-it-retakes-senate/, accessed 7-9-14, AKS]
Washington, DC With our oceans and coastal resources, and the economies and jobs they support,
facing constant and increasingly direct pressure from a variety of sources, a bipartisan group of
U.S. Senators today met to form a new Senate Oceans Caucus. The Caucus will work to increase
awareness and find common ground in responding to issues facing the oceans and coasts, which
support millions of jobs in America and contribute more to the countrys GDP than the entire farm sector,
grossing more than $230 billion in 2004.
Following todays inaugural meeting, the members announced that U.S. Senators Sheldon Whitehouse
(D-RI) and Lisa Murkowski (R-AK) will serve as Caucus Co-Chairs. Senators Mark Begich (D-AK)
and Olympia Snowe (R-ME), as Chair and Ranking Member of the Commerce Subcommittee on Oceans,
Atmosphere, Fisheries and Coast Guard, will serve as Honorary Co-Chairs of the Senate Oceans Caucus
to promote effective coordination with the subcommittee. Other Caucus members are Daniel Akaka (DHI), Richard Blumenthal (D-CT), Barbara Boxer (D-CA), Scott Brown (R-MA), Maria Cantwell (D-WA),
Ben Cardin (D-MD), Tom Carper (D-DE), Chris Coons (D-DE), Lindsey Graham (R-SC), Daniel Inouye
(D-HI), John Kerry (D-MA), Mary Landrieu (D-LA), Patty Murray (D-WA), and Ron Wyden (D-OR).
Im honored to join my colleagues today to announce the formation of the Senate Oceans Caucus, said
Senator Whitehouse. For coastal states like Rhode Island, our oceans are a vital part of our economy and
our history, and we must take smart steps to manage and protect them as a resource for future generations.
This Caucus will work together on a bipartisan basis to help make that happen.
I am proud to represent both the Pacific and Arctic Ocean interests as the Senate Oceans Caucus
begins our important work, said Senator Murkowski. To Alaskans, our vast coastlines connect us
to our farms and our factories for growth whether its our bountiful fisheries or resource
opportunities. To an outlying state like Alaska, its also our interstate highway system for shipping,
tourism and commerce. We must make bipartisan decisions today to guard them as they help feed
our future growth.
During todays meeting the senators adopted a founding charter which lays out the principles for the
Caucus, and specifically discussed the following issues: international and domestic fisheries policy,
gaps in ocean science, and challenges to ocean and coastal resource management.
Washington, DC With our oceans and coastal resources, and the economies and jobs they support,
facing constant and increasingly direct pressure from a variety of sources, a bipartisan group of
U.S. Senators today met to form a new Senate Oceans Caucus. The Caucus will work to increase
awareness and find common ground in responding to issues facing the oceans and coasts, which
support millions of jobs in America and contribute more to the countrys GDP than the entire farm sector,
grossing more than $230 billion in 2004.
Following todays inaugural meeting, the members announced that U.S. Senators Sheldon Whitehouse
(D-RI) and Lisa Murkowski (R-AK) will serve as Caucus Co-Chairs. Senators Mark Begich (D-AK)
and Olympia Snowe (R-ME), as Chair and Ranking Member of the Commerce Subcommittee on Oceans,
Atmosphere, Fisheries and Coast Guard, will serve as Honorary Co-Chairs of the Senate Oceans Caucus
to promote effective coordination with the subcommittee. Other Caucus members are Daniel Akaka (DHI), Richard Blumenthal (D-CT), Barbara Boxer (D-CA), Scott Brown (R-MA), Maria Cantwell (D-WA),
Ben Cardin (D-MD), Tom Carper (D-DE), Chris Coons (D-DE), Lindsey Graham (R-SC), Daniel Inouye
(D-HI), John Kerry (D-MA), Mary Landrieu (D-LA), Patty Murray (D-WA), and Ron Wyden (D-OR).
Im honored to join my colleagues today to announce the formation of the Senate Oceans Caucus,
said Senator Whitehouse. For coastal states like Rhode Island, our oceans are a vital part of our
economy and our history, and we must take smart steps to manage and protect them as a resource
for future generations. This Caucus will work together on a bipartisan basis to help make that
happen.
I am proud to represent both the Pacific and Arctic Ocean interests as the Senate Oceans Caucus begins
our important work, said Senator Murkowski. To Alaskans, our vast coastlines connect us to our farms
and our factories for growth whether its our bountiful fisheries or resource opportunities. To an
outlying state like Alaska, its also our interstate highway system for shipping, tourism and commerce. We
must make bipartisan decisions today to guard them as they help feed our future growth.
During todays meeting the senators adopted a founding charter which lays out the principles for the
Caucus, and specifically discussed the following issues: international and domestic fisheries policy,
gaps in ocean science, and challenges to ocean and coastal resource management.
As you know, Senator Whitehouses leadership extends across a range of ocean issues. He has
cosponsored bills to improve accountability and enforcement of illegal driftnet fishing and to
enhance penalties for violations of the Federal Clean Water Act. He has thrown his weight behind
the Trash Free Seas bill to address marine debris, and cosponsored an important bipartisan bill
to mitigate toxic algal blooms and dead zones.
Senator Whitehouse may be best known for leading the Senate passage of his National Endowment
for the Oceans Act (NEO), which would establish the first annual fund for ocean conservation
projects. NEO would utilize interest from the oil spill liability trust fund, clean water act penalties and
revenues from offshore energy development to direct millions of dollars toward projects that protect and
restore critical habitat, rebuild fisheries and drive research about critical ocean ecosystems.
Ocean Champions is a powerful voice in the fight to protect our oceans and coasts, and I'm honored to
have their endorsement, said Senator Whitehouse. As a Senator from the Ocean State, protecting our
great waters - and the coastal jobs they support - continues to be one of my top priorities, and I'll
keep standing with Ocean Champions and other organizations to advance our shared goals.
In a time of partisan extremism, Senator Whitehouse has looked for opportunities to work across the aisle.
He is a founding Chairman of the bipartisan Senate Oceans Caucus, seeing it as a forum for
collaborating and building consensus on important ocean issues. In addition, the Senator has
partnered with senior Republicans like Senator Olympia Snowe to advance bills like the Harmful
Algal Bloom and Hypoxia Act, and his National Endowment for the Oceans Act.
The Admiral James D. Watkins award was created in honor of the late Admiral to recognize
outstanding contributions to ocean research and education. In the Awards inaugural year, Ocean
Leadership is honoring the cofounders of the Senate Oceans Caucus with the distinction. The first
awardee, Senator Whitehouse, has long been an ocean champion, fighting to understand, preserve
and safeguard the oceans. He helped establish the Senate Oceans Caucus; led the Senate effort to
establish a National Endowment for the Oceans; and helped pass the Estuary Restoration Act.
As a Senator for the Ocean State, its a particular honor to receive this award, said Senator Whitehouse.
Our state relies on our Bay and ocean for so much from fishing, to tourism, to boating, and soon,
we hope, wind energy. With all of that at stake, Ive been proud to continue the Rhode Island
tradition, set by Senators Claiborne Pell and John Chafee, of fighting to protect our coastal waters so
WASHINGTON Late yesterday, United States Senator Ron Wyden (D-OR) introduced a new bill
that signals U.S. support for international action to stop government subsidies that lead to
overfishing. Specifically, the Fair Trade in Seafood Act (S. 3518) would establish the issue as a Principal
Negotiating Objective of the U.S. in the ongoing Trans-Pacific Partnership (TPP) and World Trade
Organization (WTO) round talks.
Oceana, the largest international advocacy group working solely to protect the worlds oceans, issued the
following statement of support from Corry Westbrook, federal policy director:
Oceana applauds Sen. Wyden for introducing this important legislation. This bill will send an
important message to our trading partners around the world by showing that stopping overfishing
subsidies is a U.S. trade priority.
WASHINGTON President Obama's decision to tap Senate Finance Chairman Max Baucus as the
next U.S. ambassador to China paves the way for Oregon Democrat Ron Wyden to take over one of
the most powerful congressional committees, with jurisdiction over the tax code, health care and
trade policy.
Wyden, 64, is best known recently for his role on the Intelligence committee as a forceful critic of broad
data gathering by U.S. intelligence agencies.
He was already expected to take over the Finance gavel in 2015, but it could occur sooner than expected
as Baucus will exit the Senate as soon as his nomination is confirmed by his colleagues.
WASHINGTON Partisan battles are engulfing the nations ocean policy, showing that
polarization over environmental issues does not stop at the waters edge.
For years, ocean policy was the preserve of specialists. But President Obama created the first national
ocean policy, with a tiny White House staff, and that set off some fierce election-year fights.
Conservative Republicans warn that the administration is determined to expand its regulatory reach and
curb the extraction of valuable energy resources, while many Democrats and their environmentalist
allies argue that the policy will keep the ocean healthy and reduce conflicts over its use.
The wrangling threatens to overshadow a fundamental issue: the countrys patchwork approach to
managing offshore waters. Twenty-seven federal agencies, representing interests as diverse as farmers and
shippers, have some role in governing the oceans.
Obamas July 2010 executive order set up a National Ocean Council, based at the White House and
designed to reconcile competing interests of agencies and ocean users.
The policy is having an impact. The council is trying to broker compromise among six federal agencies
over the fate of defunct offshore oil rigs in the Gulf of Mexico. Recreational fishermen want the rigs,
which attract fish, to stay, but some operators of commercial fishing trawlers consider them a hazard and
want them removed.
Still, activists are having little success when invoking the ocean policy to press for federal limits on
traditional maritime interests. The Center for Biological Diversity cited the policy as reason to slow
vessels traveling through marine sanctuaries off California. Federal officials denied the petition.
During a House Natural Resources Committee hearing on ocean policy last year, the panels top
Democrat, Representative Edward J. Markey, Democrat of Malden, said, Opposing ocean planning is
like opposing air traffic control.
Representative Steve Southerland, Republican of Florida, who is in a tight reelection race, retorted
that the policy was like air traffic control helping coordinate an air invasion on our freedoms. An
environmental group called Ocean Champions is spending hundreds of thousands of dollars to
unseat him.
Taryn Tuss, spokeswoman for the White House Council for Environmental Quality, said the policy does
not give the federal government new authority or change congressional mandates.
Exploration
The bottom of the ocean remains the Earth's least explored frontier and will remain so unless the United
States provides international leadership, scientists said today. How to provide that leadership is the focus
of a new report from the National Research Council, which recommends the U.S. government embark on
a new multi disciplinary program of ocean exploration.
The report says that the program would reap a slew of benefits by increasing the pace of discovery
of new species, ecosystems, energy sources, seafloor features, pharmaceutical products, and
artifacts, as well as improve understanding of the role oceans play in climate change.
"Improved knowledge of our oceans represents more than an academic interest," said Dr. John Orcutt,
deputy director of Scripps Institution of Oceanography and chair of the committee that prepared the
report.
Congress, interested in the possibility of an international ocean exploration program, asked the
National Research Council - an arm of the National Academy of Sciences - to examine the feasibility
of such an effort.
The committee determined that the barriers to an international effort remain too high and
recommended that the Congress would be wise to first launch a U.S. program. "The United States
should lead by example," Orcutt said. rise
The remote reaches and depths of the ocean need exploring, the committee says. (Photo courtesy the
Ocean Drilling Program)
Such a program should include the participation of foreign nations and could serve as a model for others,
according to the report.
"Informal and bilateral agreements that are project specific would enjoy greatest chance of international
collaboration," Orcutt said.
Implementing the committee's proposal would cost some $270 million in the first year, and about
$100 million in annual appropriations thereafter.
These funds include a dedicated flagship and a fleet of manned submersibles capable of diving to at least
6,500 meters and unmanned submersibles designed to reach depths of 7,000 meters or more.
The panel also recommended that the program include additional autonomous underwater vehicles that
are programmed to travel a specific route, collecting information along the way with sensors and cameras.
This week, after nearly 6 months of negotiation, a final deal was announced. Thanks to your help, the
threat to the National Ocean Policy was resoundingly rejected. Champions in the Senate and White
House heard you, and successfully negotiated to remove the Flores riderinserted by Rep. Bill
Flores who represents a landlocked district in central Texas from the final bill. If it had been
successful, this misguided attempted to undermine the National Ocean Policy would have
prohibited the U.S. Army Corps of Engineers, a key coastal and ocean management agency, from
coordinating with coastal states, other federal agencies and the public as they engage in smart ocean
planning. With this threat removed, the multiple states that are already working on smart ocean
planning can move forward unimpeded with the full cooperation and participation of the federal
government.
Unfortunately, the proposed new National Endowment for the Ocean was collateral damage in the
negotiations. It is frustrating and disappointing that despite strong public demand and the
recommendation of the bipartisan U.S. Commission on Ocean Policy, partisan politics derailed this
opportunity to create a permanent, sustainable fund for our oceans future. However, we appreciate
the Administration and Senates full-throated defense of the National Ocean Policy, and look forward to
working with them to advance ocean planning priorities.
Ocean exploration unpopular GOP has voted against every effort for
exploration so far
Madsen, North Pacific Fisheries Management Council chair, 12
(Stephanie, vice president of the Pacific Seafood Processors Association, Summer 2012, Pacific
Fisheries Review, National Ocean Policy: A New Bureaucracy That Could Compromise
Regional Fisheries Management,
http://www.pacificfisheriesreview.com/pfr_june12_story6.php, accessed 6/27/14, GNL)
The Administrations draft NOP Implementation Plan proposes 53 federal governmental actions
and nearly 300 milestones, with 158 of those milestones to be completed in 2012 or 2013. Congress is
cutting funding for most federal agencies and has not provided new funding for NOP
implementation, so where is the money coming from to fund these new activities? Commercial fishing
The solutions to the challenging issues facing our oceans-global warming, acidification, over-fishingrequire the right combination of strong science, informed policy, and skilled engineering. However,
there is one challenge (indeed, the grandest ocean challenge) that doesnt fit that formula: public
engagement.
Solving the ocean challenges require an engaged and supportive public. A public that understands
what is at stake, and can draw a clear connection between ocean health and the health of their
families and communities. Unfortunately, the same tactics needed to address the pressing ocean
issues also work to cognitively erase that public connection with the ocean. The immensity of the
ocean and its corresponding challenges create a willful blindness among the public-its just too
overwhelming to comprehend, so people stop trying.
The most effective way to build an engaged and informed public is just the opposite. Instead of
highlighting the problems, we need now more than ever to use a positive approach to show whats
wonderful about our oceans. We need to strengthen the public connection through positive
association.
From a positive perspective, theres no better tactic than ocean exploration. It taps into everything
thats awe-inspiring about the ocean: its vastness, its mystery, its wonder. But it also taps into
everything thats awe-inspiring about our humanity: our curiosity, our ingenuity, our wonder.
Public engagement is the highest imperative-every other issue is derivative. People will only protect
and pursue something in their field of awareness. We need a direct emotional connection. Ocean
exploration gives us the power to tell that story.
I believe that in the coming years, we'll look back at 2009 as a turning point for ocean management,
conservation and science. It may take some time to get the necessary programs and initiatives online, but
I believe a strong foundation is being established.
The year got off to a great start when President Obama, during his inauguration speech, vowed to
"restore science to its rightful place." Even better, he quickly followed through on that promise,
appointing prominent scientists to lead several key agencies: physicist Stephen Chu at the Department
of Energy; ecologist Jane Lubchenco at the National Oceanic and Atmospheric Administration and
geophysicist Marcia McNutt at the U.S. Geological Survey.
Congress has had some early successes capitalizing on this new mindset. We were able to inject
additional funding into basic research and other scientific programs through the American
Recovery and Reinvestment Act. We also passed the Omnibus Public Lands Act, a package that
included a number of marine related bills.
Key ocean-related legislation included in the package of bills was the Coastal and Estuarine Land
Conservation Program Act; the Federal Ocean Acidification Research and Monitoring Act; the Ocean and
Coastal Mapping Integration Act; the Integrated Coastal and Ocean Observation System Act; the NOAA
Ocean Exploration and Undersea Research Act; and a bill I introduced, the Ocean Research and
Exploration Enhancement Act, which establishes two important ocean research programs: the National
Undersea Research Program and the National Ocean Exploration Program
Many other ocean-related bills are receiving attention in both the House and Senate, including measures
to restrict illegal fishing and shark finning; protect coral reefs; promote environmental education; and
fund research to understand harmful algal blooms. The House has also passed the STEM Education
Coordination Act, which would make advances in the coordination of federal programs that
support science, technology, engineering and math education.
But as we've seen over the past few months, these individual efforts have been overshadowed by larger
debates consuming public opinion and congressional floor time, namely health care and climate change.
But not all the obstacles we've faced this year in our efforts to reform ocean policy have been setbacks.
Just as my own reform efforts began to pick up traction in Congress, the White House weighed in
by creating a Presidential Ocean Policy Task Force, made up of the heads of several agencies with
jurisdiction over ocean issues and headed up by the White House Council on Environmental
Quality.
The situation in the U.S. contrasts greatly with other countries. The budget for the Japanese Agency for
Marine-Earth Science and Technology (JAMSTEC) continues to increase , although much less so in recent years. The
2007 operating budget for the smaller JAMSTEC was $527 million, over $100 million dollars more than
the 2013 proposed NOAA budget. Likewise, China is increasing funding to ocean science over the next five
years and has recently succeeded in building a new deep-sea research and exploration submersible, the
Jiaolong. The only deep submersible still operating in the US is the DSV Alvin, originally built in 1968.
85% of Americans express concerns about stagnant research funding and 77% feel we are losing our edge
in science. So how did we get here? Part of the answer lies in how ocean science and exploration fit into
the US federal science funding scene.
Environment Policy
GOP Opposition
Environmental policies are extremely partisan little GOP support
Dunlap, Gallup Scholar for the Environment, 8
[Riley E., Regents Professor of Sociology at Oklahoma State University and Gallup Scholar for the
Environment with Gallup, 5/29/8, Gallup, Climate-Change Views: Republican-Democratic Gaps Expand
Sharp divergence on whether the effects of global warming are yet
evident,http://www.gallup.com/poll/107569/climatechange-views-republicandemocratic-gapsexpand.aspx, accessed 7/7/14, GNL]
PRINCETON, NJ -- Historically, support for environmental protection in the United States has been
relatively nonpartisan. Republicans pointed with pride to Theodore Roosevelt's crucial role in
promoting the conservation of natural resources by establishing national parks and forests, and Democrats
applauded Franklin Delano Roosevelt's efforts to include conservation as part of the "New Deal" via the
Soil Conservation Service and related programs. Especially notable was how Richard Nixon
collaborated with a Democratic Congress by signing several of our nation's most important pieces
of environmental legislation into law in the late 1960s and early 1970s.
The situation began to change in the 1980s, as the Reagan administration labeled environmental
regulations a burden that needed to be eased. While a temporary backlash from environmentalists and
much of the public resulted, Republicans nonetheless enjoyed a good deal of electoral success in arguing
that "government is the problem, not the solution." This theme has been amplified in passing decades,
and one consequence has been a growing partisan divide over environmental protection (and other
government programs).
The divide was most noticeable among political elites, such as members of Congress, who tend to be
more ideologically polarized than is the general public. What had been a modest, but significant,
difference in Republican and Democratic levels of pro-environmental voting in Congress since 1970
became a noticeable gap after the Republican takeover of the House of Representatives in 1994.[i] In the
past decade, it has become a chasm in both the House and Senate, as reflected in recent voting
"scorecards" issued by the League of Conservation Voters.
Nonetheless, partisan differences in support for environmental protection among the general public
remained relatively modest. For example, from the early 1970s until the mid-1990s, support for increased
spending on environmental protection by self-identified Democrats was typically only around 10 points
higher than for self-identified Republicans.[ii] The gap began to widen in the late 1990s, likely
reflecting voters' tendency to follow cues from party leaders and political pundits.
Nowhere is the partisan gap on environmental issues more apparent than on climate change.
Beginning in the 1990s, particularly in 1997, when the Kyoto Protocol calling for reduced CO2 emissions
was established, conservative commentators such as Rush Limbaugh began to critique both the evidence
for global warming and proposals for reducing carbon emissions. It would appear that the vigorous
conservative campaign against climate-change advocates (especially Al Gore) has contributed to
leaders of the Republican Party adopting a highly skeptical view of global warming.
As the country celebrates Earth Day (April 22), leaders in Washington DC should bear in mind that
majorities of Americans say a variety of environmental issues should be a high priority for the
president and Congress.
Our recent national survey found that over half of Americans say Washington DC should make
addressing water pollution (62%), developing sources of clean energy (61%), toxic waste (56%),
and air pollution (54%) a very high or high priority.
Nearly half also say the president and Congress should give high priority to the issues of damage to
the Earths ozone layer (46%), loss of tropical rain forests (45%), and global warming (44%).
The American public expects their representatives in Washington to take action to protect the
environment.
Climate Policy
PRINCETON, NJ -- Historically, support for environmental protection in the United States has been
relatively nonpartisan. Republicans pointed with pride to Theodore Roosevelt's crucial role in
promoting the conservation of natural resources by establishing national parks and forests, and Democrats
applauded Franklin Delano Roosevelt's efforts to include conservation as part of the "New Deal" via the
Soil Conservation Service and related programs. Especially notable was how Richard Nixon collaborated
with a Democratic Congress by signing several of our nation's most important pieces of environmental
legislation into law in the late 1960s and early 1970s.
The situation began to change in the 1980s, as the Reagan administration labeled environmental
regulations a burden that needed to be eased. While a temporary backlash from environmentalists and
much of the public resulted, Republicans nonetheless enjoyed a good deal of electoral success in arguing
that "government is the problem, not the solution." This theme has been amplified in passing decades,
and one consequence has been a growing partisan divide over environmental protection (and other
government programs).
The divide was most noticeable among political elites, such as members of Congress, who tend to be
more ideologically polarized than is the general public. What had been a modest, but significant,
difference in Republican and Democratic levels of pro-environmental voting in Congress since 1970
became a noticeable gap after the Republican takeover of the House of Representatives in 1994.[i] In the
past decade, it has become a chasm in both the House and Senate, as reflected in recent voting
"scorecards" issued by the League of Conservation Voters.
Nonetheless, partisan differences in support for environmental protection among the general public
remained relatively modest. For example, from the early 1970s until the mid-1990s, support for increased
spending on environmental protection by self-identified Democrats was typically only around 10 points
higher than for self-identified Republicans.[ii] The gap began to widen in the late 1990s, likely
reflecting voters' tendency to follow cues from party leaders and political pundits.
Nowhere is the partisan gap on environmental issues more apparent than on climate change.
Beginning in the 1990s, particularly in 1997, when the Kyoto Protocol calling for reduced CO2 emissions
was established, conservative commentators such as Rush Limbaugh began to critique both the evidence
for global warming and proposals for reducing carbon emissions. It would appear that the vigorous
conservative campaign against climate-change advocates (especially Al Gore) has contributed to
leaders of the Republican Party adopting a highly skeptical view of global warming.
Energy Policy
Enacting energy standards requires cooperation from a broad array of interest groups
environmentalists, utilities, manufacturers, farmers and others. Once they are in place, those
stakeholders are reluctant to scrap them. The incentives also create a new lobby ready to play defense,
including solar or wind installers, manufacturers and other small business or landowners that benefit.
What's more, powerful utilities rarely push for repeals or the watering down mandates even if
they opposed the initial policy. Many would rather not change course after shifting resources toward
compliance. That mindset, said Smith, is one of his group's biggest obstacles.
Jim Rogers, the CEO of Duke Energy, the nation's largest electric utility, for instance, publicly
opposed bills introduced in the Republican-dominated North Carolina legislature that would
eventually repeal the requirement that utilities generate 12.5 percent renewable energy by 2021.
Personally I support the renewable energy portfolio standard, he said last month, according to
the Charlotte Business Journal. He said the company would continue to back the law as long as it
keeps its cap on costs that utilities can pass on to consumers, a mechanism also attached to other
states' policies.
The legislation died in committee.
In the United States there are complex legal hurdles from activists, who worry that beaches could
be impaired and their recreational value diminished, to the fascinating challenge of who in
government is responsible for licensing this new use of the ocean. Contenders include the Department
of the Interior, the Navy, the Coast Guard, the Army Corps of Engineers and the Federal Energy
Regulatory Commission, which controls the electric markets.
What about fishing? The states will want a say with their coastal commissions. What about offshore
shipping lanes and even recreational boating? The oceans are vast and they already are invaded by
drilling rigs, wind turbines and undersea military activity, to say nothing of traditional marine uses
like shipping, fishing and boating.
Yet, so far, the problems have been technological rather than governmental. The sea is a great
resource, but it is a hostile environment for mechanical and electrical equipment. At present, the
nascent ocean energy industry is still sorting through a galaxy of devices for making electricity from
ocean kinetic power. These show engineering imagination run riot -- gloriously so.
As many as 100 machines for harnessing the ocean are being developed around the world. They can be
described as gizmos, widgets, gadgets, devices, or dream machines.
Renewables
GOP Opposition
Republicans and powerful conservative councils against Renewable Energy
Malewitz, Stateline Energy and Environmental reporter, 13
(Jim, 6-24-13, The Pew: Stateline, Renewable energy incentives survive lobby attack,
http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2013/06/24/renewable-energyincentives-survive-lobby-attack, accessed 7-9-14, CLF)
For renewable energy supporters, this was supposed to be a year of statehouse setbacks.
States Cooling to Renewable Energy read the headline of a MarchWall Street Journal story reporting
that more than a dozen legislatures were weighing proposals to roll back or abolish mandates that utilities
purchase a certain amount of renewable energy. Mandates are in place in 29 states and Washington, D.C.
Opponents of the renewable energy requirements, which are credited with spurring wind and solar
investment across much of the country, said the policies violate free-market principles and ramp up
electricity costs. After the 2012 elections installed large Republican majorities in a number of states,
the conservative American Legislative Exchange Council (ALEC) joined ranks with prominent
libertarian groups in a nationwide anti-mandate blitz. Wind and solar advocates feared the worst.
So much for predictions. With most sessions now wrapped up or waning, renewable energy backers now
brim with triumph and relief as they eye a legislative scorecard tilting their way.
Republican Push
Hager is a Republican whose top campaign donors include Duke Energy and the Charlotte, North
Carolina-based utility owners Progress Energy (PGN) unit, according to the National Institute on
Money in State Politics, a Helena, Montana-based non-profit group. He expects the bill to pass
through the GOP-controlled legislature, and that Governor Pat McCrory, also a Republican, will
sign it.
Duke hasnt taken a position on the North Carolina bill, said Jeff Brooks, a spokesman who
confirmed the company has supported Alec.
Colorados state senate passed a bill April 16 that would increase the amount of energy utilities must get
from renewable sources, and also expands the definition to include non-renewable sources such as
methane produced from coal mining.
Its hard to rival the diversity and sheer number of groups and companies with a vested interest in the
renewable-fuels standard, from food and livestock businesses to those in the environmental and energy
sectors.
No official coalition exists to reform or repeal the mandate, like the one in late 2011 that successfully
lobbied to allow $5 billion in annual corn-ethanol subsidies to expire. Our reasons for all agreeing the
corn-ethanol tax credit was a bad idea just didnt extend to the rest of the biofuels market, said Nathanael
Greene, director of the Natural Resources Defense Councils renewable-energy policy. NRDC has one of
the more nuanced stances, which is reflected in Waxmans still-evolving position. The group doesnt want
Congress to repeal the mandate, but its concerned about the carbon footprint of corn ethanol and would
prefer that the Environmental Protection Agency manage any reforms.
The American Petroleum Institute, the powerful lobby group for major oil companies, announced
in November that it was shifting its position from seeking to reform the policy to outright repeal. API
is urging lawmakers in the same direction as Friends of the Earth, one of the most left-leaning
environmental groups. Its website says the mandate should either be fixed or ditched. The American
Fuel & Petrochemical Manufacturers, which represents the refineries that blend the biofuels with
gasoline, has been one of the loudest critics of the standard, even before last years record drought
thrust the issue to the forefront.
One of the most powerful factions opposed to the standard is what lobbyists refer to as the
barnyard crowd: trade groups representing livestock interests such as the National Turkey
Federation, the National Pork Producers, the National Cattlemens Beef Association, the National
Chicken Council, and the Milk Producers Council. The concern expressed by these groupshigher
corn pricesis what gets certain Democrats to the table, such as Sen. Christopher Coons, D-Del., who
hears from poultry producers in his state. The National Restaurant Association and the Grocery
Manufacturers, which have a presence in all states and congressional districts, are also opposed to the
standard because of the use of corn.
The list of interests lobbying to maintain the mandate without changes is much shorter, led by trade
groups for the biofuels industry: the Renewable Fuels Association and Growth Energy. But this list also
includes one very important partyPresident Obama, whose home state of Illinois is a big ethanol
producer. Whether Obama will be willing to reform the policy remains to be seen, but for now, statements
from the Agriculture Department and EPA indicate that the administration remains firm in its support for
the renewable-fuels standard.
The relief with which some industries welcomed the news that the Environmental Protection Agency
is perhaps considering backing off somewhat from the onerous requirements of the Renewable Fuel
Standard was only equaled by the dismay with which it was met from ethanols impressively wellorganized and well-monied lobby. The EPA acknowledging the reality that even they and their expansive
bureaucratic powers cannot interminably cudgel the energy sector unworkable mandates is a rarity indeed,
and as they are still claiming that they have yet to make a final decision on the matter, its time for Come
One, Come All over at the White House. Via The Hill:
Officials at the Office of Management and Budget (OMB) have been busy meeting with chemical and
energy companies in recent days, ahead of the expected release of new biofuel standards.
A version of the yearly target that has been leaked to media outlets is a jobs killer, National
Biodiesel Board spokesman Ben Evans said in an emailed statement to The Hill.
On Thursday, the trade group and six biodiesel producers with plants across the country met with Obama
administration officials to plead their case.
Oil & nonrenewable energy lobbies hate solar and wind development pushing
legislation to restrict
Martin, Bloomberg BusinessWeek, 13
(Christopher, 4-23-13, Bloomberg BusinessWeek, U.S. States Turn Against Renewable Energy as Gas
Plunges, http://www.bloomberg.com/news/2013-04-23/u-s-states-turn-against-renewable-energy-as-gasplunges.html, accessed 7-9-14, CLF)
More than half the U.S. states with laws requiring utilities to buy renewable energy are considering ways
to pare back those mandates after a plunge in natural gas prices brought on by technology that boosted
supply.
Sixteen of the 29 states with renewable portfolio standards are considering legislation that would
reduce the need for wind and solar power, according to researchers backed by the U.S. Energy
Department. North Carolina lawmakers may be among the first to move, followed
byColorado and Connecticut.
The efforts could benefit U.S. utilities such as Duke Energy Corp (DUK). and PG&E Corp (PCG).
as well as Exxon Mobil Corp (XOM)., the biggest U.S. oil producer, and Peabody Energy Corp
[Christopher, 4-23-13, Bloomberg News, U.S. States Turn Against Renewable Energy as
Gas Plunges, http://www.bloomberg.com/news/2013-04-23/u-s-states-turn-against-renewable-energyas-gas-plunges.html, accessed 7-6-14, AAZ]
U.S. investment in renewable power and energy efficiency fell 54 percent last year to $4.5 billion as
government support waned, according to data compiled by Bloomberg. The level may slip again this
year if states dilute their requirements, which have pushed utilities to contract power from renewable
providers and scale-back use of coal- and natural gas-fired generation.
Alec wants to repeal state mandates, arguing that the free market is a better way to determine the most
cost-effective source of power, Wynn said. It typically drafts model legislation for state lawmakers to use
as a blueprint when drafting bills, including the Electricity Freedom Act, which was published in October.
The anti-renewable mandate effort is also fueled by the Heartland Institute, the lobby group thats
pushing to repeal clean-energy goals that it says increase power prices, cost jobs and do little to
improve the environment, according to Heartlands website. Officials from the organization werent
available for comment.
Americans United for Change Executive Director Caren Benjamin made the following statement as
Americans face the tax deadline today: In the last five years, the oil industry has invested $885
million on lobbying and campaign contributions, and been handsomely rewarded with a steady
gravy train of tax breaks totaling more than $20 billion since 2009. Thats better than a 2000
percent return on their investment. Unfortunately, most Americans cant afford to hire a lobbyist,
so they are stuck paying more while the oil companies get a free ride. To make matters worse, when
companies like Exxon Mobil shelter tens of billions of dollars in profits in offshore tax havens, the
average American taxpayer gets stuck with the tab.
U.S PIRG released a new report today finding that the average American taxpayer in 2013 would have to
shoulder an extra $1,259 in state and federal taxes to make up for the revenue lost due to the use of
offshore tax havens by wealthy individuals and corporations. Corporations like Exxon Mobil which has
booked $47 billion in profits offshore, putting it in the top ten of companies with the most cash
offshore. The oil giant maintains subsidiaries in tax havens like the Cayman Islands and Bermuda.
At long last, the Koch brothers and their conservative allies in state government have found a new tax
they can support. Naturally its a tax on something the country needs: solar energy panels.
For the last few months, the Kochs and other big polluters have been spending heavily to fight
incentives for renewable energy, which have been adopted by most states. They particularly dislike
state laws that allow homeowners with solar panels to sell power they dont need back to electric
utilities. So theyve been pushing legislatures to impose a surtax on this increasingly popular practice,
hoping to make installing solar panels on houses less attractive.
Oklahoma lawmakers recently approved such a surcharge at the behest of the American Legislative
Exchange Council, the conservative group that often dictates bills to Republican statehouses and
receives financing from the utility industry and fossil-fuel producers, including the Kochs. As The
Los Angeles Times reported recently, the Kochs and ALEC have made similar efforts in other states,
though they were beaten back by solar advocates in Kansas and the surtax was reduced to $5 a month in
Arizona.
But the Big Carbon advocates arent giving up. The same group is trying to repeal or freeze Ohios
requirement that 12.5 percent of the states electric power come from renewable sources like solar and
wind by 2025. Twenty-nine states have established similar standards that call for 10 percent or more
in renewable power. These states can now anticipate well-financed campaigns to eliminate these targets
or scale them back.
The coal producers motivation is clear: They see solar and wind energy as a long-term threat to
their businesses. That might seem distant at the moment, when nearly 40 percent of the nations
electricity is still generated by coal, and when less than 1 percent of power customers have solar
arrays. (It is slightly higher in California and Hawaii.) But given new regulations on power-plant
emissions of mercury and other pollutants, and the urgent need to reduce global warming emissions, the
As renewable energy production has surged in recent years, opponents of government policies that
have helped spur its growth have pushed to roll back those incentives and mandates in state after
state.
On Wednesday, they claimed their first victory, when Ohio lawmakers voted to freeze the phasingin of power that utilities must buy from renewable energy sources.
The bill, which passed the Ohio House of Representatives, 54 to 38, was expected to be signed
into law by Gov. John R. Kasich, who helped negotiate its final draft.
It stands in marked contrast to the broad consensus behind the original law in 2008, when it was
approved with virtually no opposition, and comes after considerable disagreement among lawmakers,
energy executives and public interest groups.
Opponents of the mandates argued, in part, that wind and solar power, whose costs have plunged in
recent years, should compete on their own with traditional fossil fuels. But the debate has taken on
a broader, more political tone as well, analysts say, with disagreements over the role of government,
the economic needs of the state and the debate over climate change.
It used to be that renewables was this Kumbaya, come-together moment for Republicans and
Democrats, said Michael E. Webber, deputy director of the Energy Institute at the University of Texas at
Austin. The intellectual rhetoric around why you would want renewables has been lost and
replaced by partisanship.
Since 2013, more than a dozen states have taken up proposals to weaken or eliminate green energy
mandates and incentives, often helped by conservative and libertarian policy or advocacy groups
like the Heartland Institute, Americans for Prosperity and the American Legislative Exchange
Council.
In Kansas, for example, lawmakers recently defeated a bill that would have phased out the states
renewable energy mandates, but its backers have vowed to propose it again.
Jay Apt, director of the Electricity Industry Center at Carnegie Mellon University, said the Ohio
battle was another skirmish in the question of whether we are committed to cleaning up pollution,
U.S. investment in renewable power and energy efficiency fell 54 percent last year to $4.5 billion as
government support waned , according to data compiled by Bloomberg. The level may slip again this
year if states dilute their requirements, which have pushed utilities to contract power from renewable
providers and scale-back use of coal- and natural gas-fired generation.
Alec wants to repeal state mandates, arguing that the free market is a better way to determine the most
cost-effective source of power, Wynn said. It typically drafts model legislation for state lawmakers to use
as a blueprint when drafting bills, including the Electricity Freedom Act, which was published in October.
The anti-renewable mandate effort is also fueled by the Heartland Institute, the lobby group thats
pushing to repeal clean-energy goals that it says increase power prices, cost jobs and do little to
improve the environment, according to Heartlands website. Officials from the organization werent
available for comment.
The Union of Concerned Scientists works with a broad range of allies business and industry,
environmental and consumer advocates, and engaged citizens and experts to make sure decision
makers have the facts to see through the disinformation campaigns led by the Koch Brothers and
their cohorts and make well-informed decisions about the role of renewable energy in meeting
energy demand. We were among the first to exposethe Koch Brothers pending attack on RES policies in
2012 and to highlight the misleading claims, and often downright lies, spread by the fossil fuel lobby.
Campaigns of disinformation attracting attention and eroding the publics trust
Fossil fuel interests, led by the Koch Brothers and the organizations they fund, are carrying on a
campaign of disinformation to spread doubt about renewable energy and its potential to create a
clean, sustainable energy future for America.
There is a great deal of information and enthusiasm today about the development and increased
production of our global energy needs from alternative energy sources. Solar energy, wind power
and moving water are all traditional sources of alternative energy that are making progress. The
enthusiasm everyone shares for these developments has in many ways created a sense of
complacency that our future energy demands will easily be met .
Alternative energy is an interesting concept when you think about it. In our global society, it simply
means energy that is produced from sources other than our primary energy supply: fossil fuels.
Coal, oil and natural gas are the three kinds of fossil fuels that we have mostly depended on for our
energy needs, from home heating and electricity to fuel for our automobiles and mass transportation.
The problem is fossil fuels are non-renewable. They are limited in supply and will one day be
depleted. There is no escaping this conclusion. Fossil fuels formed from plants and animals that lived
hundreds of millions of years ago and became buried way underneath the Earths surface where their
remains collectively transformed into the combustible materials we use for fuel.
In fact, the earliest known fossil fuel deposits are from the Cambrian Period about 500 million years ago,
way before the dinosaurs emerged onto the scene. This is when most of the major groups of animals first
appeared on Earth. The later fossil fuels which provide more substandard fuels like peat or lignite coal
(soft coal) began forming as late as five million years ago in the Pliocene Period. At our rate of
consumption, these fuels cannot occur fast enough to meet our current or future energy demands.
Despite the promise of alternative energy sources more appropriately called renewable energy,
collectively they provide only about 7 percent of the worlds energy needs (Source: Energy Information
Agency). This means that fossil fuels, along with nuclear energy a controversial, non-renewable
energy source are supplying 93 percent of the worlds energy resources.
Dams are a major source of hydroelectric energy, such as the Hoover Dam on the Colorado River
(pictured). While they collect the vast raw energy provided by water currents, they also create
environmental hazards such as silt buildup. They are also significant barriers to fish, such as the salmon
of the Pacific Northwest, which must migrate in order for the species to survive. The Hoover
Dam is a major source of energy for the southwestern US. (Photo: US Bureau of Reclamation)
Bipartisan public support for natural gas, solar, and wind energy is a thing
Jacobe, Gallup Politics Chief Economist, 13
PRINCETON, NJ -- No fewer than two in three Americans want the U.S. to put more emphasis on
producing domestic energy using solar power (76%), wind (71%), and natural gas (65%). Far fewer
want to emphasize the production of oil (46%) and the use of nuclear power (37%). Least favored is
coal, with about one in three Americans wanting to prioritize its domestic production.
Democrats' and independents' top choice is solar power, while natural gas places first among
Republicans. Republicans and Democrats disagree most on the priority that should be given to oil as a
future energy source -- with 71% of Republicans wanting more emphasis placed on it, compared with
29% among Democrats. Republicans are also much more supportive than Democrats of coal (51% vs.
21%) and nuclear power (49% vs. 30%).
Where Americans live makes a difference in their views about which sources of domestic energy
they want the U.S. to emphasize more. Those living in the South tend to be more supportive of
traditional energy sources such as oil and coal than are those in other regions.
Still, for Americans in every region, including the South, solar power is the top choice, or is tied for
the top spot, among the energy sources tested.
Implications
The United States has a great opportunity to accelerate its economic growth over the next several
years by emphasizing and fully using its enormous energy riches to produce domestic energy. But
there has been no consensus among Americans about how to optimize domestic energy production while
preserving the environment.
Americans overall and across political and socioeconomic groups generally are most likely to call
for more emphasis on solar and wind power -- but these potential future sources of energy have a long
way to go in terms of technology and affordability before they can significantly affect overall U.S.
domestic energy production. On the other hand, Americans are sharply divided politically over achieving
greater domestic energy production using more traditional energy sources such as oil, coal, and nuclear
power.
This leaves natural gas, which 59% of Democrats, 62% of independents, and 79% of Republicans
say should have more emphasis in the U.S. The technology exists to allow natural gas to become a
more significant contributor to U.S. domestic energy production. But questions remain about the
safety of "fracking technology" -- meaning public support may not be enough to increase the U.S.
emphasis on this energy source.
((NOTE: Results for this poll are based on telephone interviews conducted March 7-10, 2013, with a
random sample of 1,022 adults, aged 18 and older, living in all 50 U.S. states and the District of
Columbia))
Overwhelmingly, Americans think the nation should be using more renewable fuel (80%). Whats
more, they support the one policy, the Renewable Fuel Standard (RFS), that is making that happen (73%).
What volatile gas prices mean for consumers
55% of consumers said that if gas prices go up, they would be likely to take fewer road trips to visit
friends and family
The new normal: unpredictable gas prices, brought to you by the oil industry
59% of consumers blame the oil industry for high gas prices
Consumers know they want less oil and more renewable fuel
75% of consumers want more renewable fuel options at gas stations
Environmentalists were even more critical of oil and even more supportive of renewable fuel
89% of environmentalists believe replacing oil with renewable fuel would benefit the environment
82% of environmentalists support the Renewable Fuel Standard (RFS) compared to 73% of the
nation
Renewable fuel is a boon to national security
69% of Americans believe that replacing oil imports with renewable fuel production is critical to
national security
87% of military households have a favorable opinion of the RFS compared to 80% of the nation
63% of people who are engaged in active military service or have served in the past blame oil
companies for high bas prices compared to 59% of the nation
Support for renewable fuel and the RFS is bipartisan
Liberals (83%), Moderates (76%), and Conservatives (60%) all support the Renewable Fuel
Standard
For more information, read our press release here.
Despite the nation's newfound abundance of fossil fuels thanks to the so-called "Shale Gale," Americans
still overwhelmingly support more development of alternative energy, according to a new poll.
Three-in-four Americans want the United States to pursue more solar energy according to
Gallup and another 71 percent favor further development of wind power. Far fewer prioritized the
expansion of oil production (46 percent) and nuclear expansion (37 percent), and less than one-third of
respondents supported ramping up coal production.
The survey found Americans' opinion on the nation's energy options varied by political affiliation, with
Democrats and independents championing solar power, while natural gas was the top choice for
Republicans. Almost 90 percent of Democrats and nearly 75 percent of independents polled
supported more solar power, compared to 68 percent among Republicans . More than two-thirds of
Republicans supported more development of the nation's natural gas resources, compared to just 62
percent among independents and 59 percent of Democrats.
Responses varied by geographic region as well. Those living in the South tend to support more traditional
energy sources, such as oil and coal, than those living in other regions of the country.
Nevertheless, more investment in solar was the top priority overall, regardless of where respondents
lived and Americans "overall and across political and socioeconomic groups generally are most likely to
call for more emphasis on solar and wind power," the Gallup survey noted. But alternative energy sources
are still in their infancy in terms of technology and affordability according to Gallup, which means they
have a long way to go before achieving more significant contributions to U.S. domestic energy
production.
Only about a third of the energy we use comes in the form of electricity.
Transport and heating are also key.
The wind doesn't always blow
Renewable energy is often unreliable.
They include wind, hydro-electric, tidal, solar and wave and geothermal power along with energy from
plant and waste material - so-called biomass and bio-fuels.
The wind does not always blow so most wind-farms average 20-30% of their capacity.
The governments suggested 33 GW of offshore wind will generate just a third of that.
Tidal and hydroelectric power are more reliable, but hard to locate.
Professor MacKay estimates there are enough good spots for hydro-electric to provide 0.8% of our
current energy needs.
Tidal power has just one commercial turbine in the Strangford Lough, Northern Ireland.
Carbon Trust research suggests the technology could provide 0.6% of current energy use.
But the numbers are rough.
"We're roughly where aviation was in 1920s," says Peter Fraenkel, technical director for the company
behind the Strangford project, Marine Currents Turbines.
Finding the space
Space is also an issue for wind, solar and biofuels.
Installing just 33GW of offshore wind would need 10,000 square kilometres of coastal waters
generating only 3% of our current energy supply, Professor MacKay estimates.
It means that we would struggle to exceed 50% of our current needs from renewable energy, he
insists.
Social rejection
"People love renewable energy," according to Professor MacKay, "unless it is bigger than a fig-leaf".
Wind unpopular with public and positive public perceptions of renewables take a
too long to achieve
Gaur, Consultative Group on International Agricultural Research Consortium,
WorldFish, 12
(Sachin (WorldFish: international, non-profit research organization dedicated to reducing poverty and
hunger by improving fisheries and aquaculture), 10-22-12, The Fletcher School: Tufts Universtiy
(Graduate School of International Affairs), Public Perception Key to Wind Energy Projects,
http://fletcher.tufts.edu/CIERP/News/more/Oct22Petrova, accessed 7-9-14, CLF)
The development of new sources of renewable energy is crucial in achieving energy security, and wind
energy is certainly one of them as wind turbines installed at various locations across the country are
gradually increasing their contribution to electricity generation. As these projects develop, it is
imperative to take local communities into consideration before starting new initiatives, as their
support is an integral component of successful projects.
Maria Petrova, a postdoctoral research fellow at CIERP, recently completed research on measuring the
perceptions among local communities about wind energy projects. In her presentation entitled Public
Perceptions of Wind Energy Projects in Massachusetts, Petrova shared results demonstrating that
communities tend to support such projects provided their benefits are explained to residents in a
timely and coherent manner.
Petrova did a survey to examine perceptions of wind energy projects that are being developed in
Massachusetts under the same legal and political framework. Three towns in the state were chosen:
Falmouth, Hull, and Kingston. These projects are sited in residential areas and possess similar
capacities, but they are at different stages of development and have different levels of community
acceptance.
The survey results showed that Massachusetts residents, in general, are supportive of wind energy
projects. In Hull, following the success of the first wind turbine, the local community decided to
install another turbine as they saw tangible results of the project. Both turbines now supply
electricity to 1,100 homes along with supply to traffic and street lights.
PROVIDENCE, R.I. -- For more than a year, U.S. Sen. Sheldon Whitehouse has delivered weekly
Senate speeches about the dangers of climate change. He frequently denounces climate-change
deniers, and urges growth of green jobs and technologies to reduce Americas reliance on foreign
fossil fuel.
In a May 27, 2014 commentary in The Providence Journal, Whitehouse argued for a nationwide price
on carbon pollution. And he expressed hope for a prosperous, clean-energy future and faith that
there is more economic security in our own American know-how than in corrupt foreign fossil fuel
countries.
To that end, Whitehouse noted that there are already more American jobs in the solar industry
than in coal mining.
Apparently, the debate over global warming is not as big as the hard-liners at Fox News and on
Capitol Hill would lead us to believe. A recent study released by Yale and George Mason University
found that nearly 80 percent of Republicans and Republican-leaning Independents support
increasing renewable energy use and more than 60 percent believe the United States should take
action to address climate change.
Interestingly, the report also found that only a third of Republican respondents agree with the GOPs
position on climate change, which has changed dramatically since 2008.
As more and more states are beginning to utilize solar energy and adapt to other clean green energy
solutions, conservative lobby groups and oil tycoons have aggressively started pushing back against
alternative energy.
The Koch brothers, anti-tax activist Grover Norquist and a number of powerful companies in the
nation have started running campaign ads in Arizona, Kansas and North Carolina that paint
renewable energy as a greedy bad guy, according to the Los Angeles Times.
With the help of solar power companies, environmentalists are battling back against big oil
companies and their lobbyists over states that have implemented two types of energy policies: net
metering and renewable energy requirements.
Net metering allows homeowners or businesses that have solar panels installed on roofs to sell back extra
electricity to the power grid at attractive rates. The other policy requires utility companies to generate at
least 10 percent of renewable energy, the Times reported.
The majority of states in the U.S. have begun operating under at least one of the two policies if not
both. The only states to not use net metering or generate power from renewable energy are Alabama,
Idaho, Mississippi and Tennessee.
South Dakota and Texas are the only two states without metering programs but generate a percentage of
their power from renewable energy, according to the Times.
The oil and coal lobby and groups backed by the conservative billionaire Koch brothers spent
$270m on television ads in the final weeks of the election, attacking Barack Obama and Democratic
candidates for Congress.
It turns out not to have been a very good investment, according to the Centre for American
Progress Action Fund, which tracked the funding.
Obama won re-election, and carried Ohio and Virginia, which were heavily targeted by the ad
campaign, and at least half a dozen Democrats were also elected to the Senate despite being on the
receiving end of the oil and coal attack ads.
Ive written many, many times about the overwhelming support for clean energy in the U.S.
Unfortunately, a certain portion of our Congressional leaders, as well as billionaires in the oil
industry, are trying to attack that support for clean energy by running smear campaigns and
spewing complete lies (weve covered several of these more times than I can remember). Apparently, so
far, Americans arent buying it. Check out these results from ananalysis of 50 swing voters watching
the State of the Union address this week:
Not surprisingly, the moment in the speech that brought the most positive reaction was Obamas mention
of the death of Osama bin Laden. It drew an average reading of 80 on the 0-100 scale used by the
meters. Obamas call for more investment in renewable energy drew nearly as strong a reaction,
however, said Andrew Baumann, another of the pollsters who conducted the study. The passages of the
speech that talked about phasing out subsidies for oil companies and competing with China and
Germany for new developments in wind power and solar energy did particularly well.
Of course, an analysis of a focus group of 50 isnt definitive, but Ive yet to see any real evidence that
Koch and GOP smear campaigns and misinformation regarding Solyndra, loan guarantees, and clean
energy are having much effect . It really seems like a bad political move for these folks to make clean
energy the supposed enemy of the U.S.
I understand that their fortunes are tied to us remaining addicted to fossil fuels, but I think theyd
be better off just continuing their hidden policy attacks on clean energy than also trying to make it
a political issue. But thats just my two cents.
h/t Climate Progress | ground-mounted solar panels via shutterstock
Keep up to date with all the hottest cleantech news by subscribing to our (free) cleantech newsletter, or
keep an eye on sector-specific news by getting our (also free) solar energy newsletter, electric vehicle
newsletter, or wind energy newsletter.
As media perception of clean technology sectors has hit the wall hard, a study from accounting and
taxation company Grant Thornton suggests the future of clean technology and renewable energy
remains bullish.
The 2012 report, entitled Capturing Opportunity: Cleantech Business Booms Around The
World, suggests businesses within the clean technology sector in 2011 were more optimistic (37% net
optimism) compared to 2010 (34%). Meanwhile, all other sectors were less optimistic in 2011 at 22%,
compared to 24% in 2010.
Companies once approached the cleantech sector as buyers or sellers because it was a good
thing to do, a socially responsible corporate action, said Randy Free, partner with Grant Thornton in
the report.
But today, around the world, cleantech means reducing costs and increasing profits, he said.
The industry has grown leaps and bounds since the early 2000s and significantly cut costs along the
way. The solar photovoltaics industry has grown from $2.5 billion in 2000 to $91.6 billion in 2011,
according to data from Clean Edge. The wind sector grew from $4 billion in 2000 to $71.5 billion in
2011.
As the sector became more bullish, 64% of cleantech businesses were expected to increase their profits in
2011, compared to 42% in 2010, the report said. That was more than other sectors, 40% of which were
expected to increase their profits in 2011, up from 29% in 2010, the report said.
With the cleantech industry becoming bullish, the report also said there is further opportunity for
mergers and acquisitions. The report also suggested that there were likely to have been more
mergers and acquisitions 2011 than in 2010.
Solar
Conservative Opposition
Conservatives and the nations largest power companies oppose solar energy
Abrams, SALON assistant editor, 14
(Lindsey, 4-21-14, SALON, The Koch brothers are going after solar panels,
http://www.salon.com/2014/04/21/the_koch_brothers_are_going_after_solar_panels/, accessed 7-12-14,
CLF)
Homeowners and businesses that wish to generate their own cheap, renewable energy now have a force of
conservative political might to contend with, and the Koch brothers are leading the charge. The L.A.
Times, to its credit, found the positive spin to put on this: Little old solar has now grown big enough to
have enemies.
The escalating battle centers over two ways traditional utilities have found to counter the rapidly
growing solar market: demanding a share of the power generated by renewables and opposing net
metering, which allows solar panel users to sell the extra electricity they generate back to the grid
and without which solar might no longer be affordable. The Times reports on the conservative
heavyweights making a fossil fuel-powered effort to make those things happen:
The Koch brothers, anti-tax activist Grover Norquist and some of the nations largest power
companies have backed efforts in recent months to roll back state policies that favor green energy .
The conservative luminaries have pushed campaigns in Kansas, North Carolina and Arizona, with the
battle rapidly spreading to other states.
The American Legislative Exchange Council, or ALEC, a membership group for conservative state
lawmakers, recently drafted model legislation that targeted net metering. The group also helped launch
efforts by conservative lawmakers in more than half a dozen states to repeal green energy mandates.
State governments are starting to wake up, Christine Harbin Hanson, a spokeswoman for Americans
for Prosperity, the advocacy group backed by billionaire industrialists Charles and David Koch, said
in an email. The organization has led the effort to overturn the mandate in Kansas, which requires
that 20% of the states electricity come from renewable sources.
These green energy mandates are bad policy, said Hanson, adding that the group was hopeful Kansas
would be the first of many dominoes to fall.
The groups campaign in that state compared the green energy mandate to Obamacare, featuring ominous
images of Kathleen Sebelius, the outgoing secretary of Health and Human Services, who was Kansas
governor when the state adopted the requirement.
Conservatives hate solar with such passionKoch brothers and powerful energy
companies
Halper, Washington D.C. Policy reporter, 14
WASHINGTON The political attack ad that ran recently in Arizona had some familiar hallmarks of the
genre, including a greedy villain who hogged sweets for himself and made children cry.
But the bad guy, in this case, wasn't a fat-cat lobbyist or someone's political opponent.
He was a solar-energy consumer.
Solar, once almost universally regarded as a virtuous, if perhaps over-hyped, energy alternative, has now
grown big enough to have enemies.
The Koch brothers, anti-tax activist Grover Norquist and some of the nation's largest power
companies have backed efforts in recent months to roll back state policies that favor green energy.
The conservative luminaries have pushed campaigns in Kansas, North Carolina and Arizona, with the
battle rapidly spreading to other states.
Alarmed environmentalists and their allies in the solar industry have fought back, battling the other
side to a draw so far. Both sides say the fight is growing more intense as new states, including Ohio,
South Carolina and Washington, enter the fray.
At the nub of the dispute are two policies found in dozens of states. One requires utilities to get a certain
share of power from renewable sources. The other, known as net metering, guarantees homeowners or
businesses with solar panels on their roofs the right to sell any excess electricity back into the power grid
at attractive rates.
Net metering forms the linchpin of the solar-energy business model. Without it, firms say, solar power
would be prohibitively expensive.
The power industry argues that net metering provides an unfair advantage to solar consumers, who
don't pay to maintain the power grid although they draw money from it and rely on it for backup
on cloudy days. The more people produce their own electricity through solar, the fewer are left being
billed for the transmission lines, substations and computer systems that make up the grid, industry
officials say.
"If you are using the grid and benefiting from the grid, you should pay for it," said David Owens,
executive vice president of the Edison Electric Institute, the advocacy arm for the industry. "If you don't,
other customers have to absorb those costs."
The institute has warned power companies that profits could erode catastrophically if current policies and
market trends continue. If electricity companies delay in taking political action, the group warned in
a report, "it may be too late to repair the utility business model."
The American Legislative Exchange Council, or ALEC, a membership group for conservative state
lawmakers, recently drafted model legislation that targeted net metering. The group also helped launch
efforts by conservative lawmakers in more than half a dozen states to repeal green energy
mandates.
Koch Brothers and Major power companies are waging a war on solar energy
Horsey, Los Angeles Times, 14
(David, 4-23-14, The Los Angeles Times, Koch brothers and big utilities campaign to unplug solar
power, http://www.latimes.com/opinion/topoftheticket/la-na-tt-koch-brothers-and-solar-power20140422-story.html, accessed 7-12-14, CLF)
The Koch brothers have a new ploy to protect the traditional energy business that helped make them
the planets fifth- and sixth-richest humans. They are funding a campaign to shackle solar energy
consumers who have escaped the grip of big electric utilities.
Of all the pro-business, anti-government causes they have funded with their billions, this may be the most
cynical and self-serving. On Sunday, a Los Angeles Times story by Evan Halper outlined the Kochs
latest scheme. Along with anti-tax crusader Grover Norquist, several major power companies and a
national association representing conservative state legislators, the brothers are aiming to kill
preferences for the burgeoning solar power industry that have been put into law in dozens of states.
Kansas, North Carolina and Arizona are their first targets, with more to come.
They already have their first victory. On Monday, Oklahomas Republican Gov. Mary Fallin signed
a bill passed by the GOP-controlled Legislature that authorizes electric utilities to tack a surcharge
on the bills of private citizens who have installed solar panels or wind turbines on their homes.
Thats right, Oklahomans who have spent money to generate their own clean and green power now must
pay compensation to the power companies.
So, what is driving this crusade against clean energy? As Halper reports, At the nub of the dispute
are two policies found in dozens of states. One requires utilities to get a certain share of power from
renewable sources. The other, known as net metering, guarantees homeowners or businesses with solar
panels on their roofs the right to sell any excess electricity back into the power grid at attractive
rates.
These laws have helped the solar industry reach a tipping point where the business model is finally
viable. In a world where too much CO2 from coal, gas and oil is being pumped into the atmosphere, that
seems like a good thing, but the Kochs and the utilities claim solars success is a threat to the future of the
power grid. If there are more and more households freeing themselves from total reliance on traditional
power sources, there will be less money available to maintain the electricity delivery infrastructure.
They may have a valid point, but the problem could be addressed with modest adjustments to the
system. That they have opted for an all-out war against key laws that promote alternative energy suggests
the real motivation may be more crass: protecting the profits of the entrenched fossil fuels-based energy
industry.
Environmentalists have been energized to stand in the way of this well-funded multi-state
onslaught against solar power , and it is gratifying to hear there is one conservative with a venerable
Republican lineage who is taking their side. Former California congressman Barry Goldwater Jr. has
formed a group, awkwardly named Tell Utilities Solar wont be Killed, that hopes to gather support
among conservatives to oppose the big utilities.
These solar companies are becoming popular, and utilities dont like competition, Goldwater told The
Times. I believe people ought to have a choice.
Offshore Wind
GOP Opposition
Wind energy is unpopular key oil lobbies and Republican lawmakers oppose.
Martin, Bloomberg News, 13
[Christopher, 4-23-14, Bloomberg News, U.S. States Turn Against Renewable Energy as
Gas Plunges, http://www.bloomberg.com/news/2013-04-23/u-s-states-turn-against-renewable-energyas-gas-plunges.html, accessed 7-6-14, AAZ]
Killing support for renewable-energy policies threatens sales at companies from wind-turbine
makers General Electric Co (GE). and Siemens AG (SIE) to SolarCity Corp. (SCTY), the San Mateo,
California-based rooftop energy developer.
The push at the state level replicates efforts in Washington. Opposition from Republican
lawmakers delayed the extension of a federal tax credit for wind power, prompting Vestas, the
biggest turbine maker after GE, to fire 10 percent of its workforce at two Colorado factories.
There havent been any outright repeals yet, but weve seen some watering-down, said Justin
Barnes, senior policy analyst at the North Carolina Solar Center. Activity against renewable portfolio
standards has been increasing in the past year. Their arguments are mostly on cost.
The Raleigh, North Carolina-based research group is supported by the Energy Department and operates
the DSIRE database of state incentives.
Offshore wind unpopular with Republicans concerns about picking winners and
losers
Dlouhy, Houston Chronicle, 13
[Jennifer A., 6-4-13, Fuel Fix, Republicans attack landmark offshore wind power plan,
http://fuelfix.com/blog/2013/06/04/feds-to-unveil-details-on-first-federal-offshore-wind-auction/,
accessed 7-7-14, AAZ]
The Interior Department unveiled details for the nations first-ever federal sale of offshore wind
energy leases on Tuesday, even as Republican lawmakers complain the approach is misguided.
Federal officials had already announced plans to sell wind leases off the Atlantic Coast this year, but the
sale package released Tuesday firmly schedules the auction for July 31 and sheds more light on the terms
of those leases.
Interior Secretary Sally Jewell said the sale could be a harbinger of things to come.
The U.S. House Ways and Means Committee approved $310 billion of tax breaks, as Republicans
defeated Democratic objections to the plans budgetary costs.
The tax breaks, many of which benefit companies such as Intel Corp. (INTC:US) and General Electric
Co. (GE:US), have bipartisan support. How and whether to offset their cost remains an area of dispute,
which prompted some Democrats to vote against bills they cosponsored earlier this month.
The Republicans proposal would make the tax benefits permanent, ending the lapse-and-revive cycle that
has persisted for years. The six breaks whose extension was approved today and dozens of others expired
Dec. 31. The move separates some of the breaks from Republicans broader goal of revamping the U.S.
tax code.
We have to start somewhere, said Ways and Means Committee Chairman Dave Camp, a Michigan
Republican. Were starting with bills that have had bipartisan sponsors.
Democrats argued that the Republican plan is fiscally irresponsible , because it doesnt include
offsetting spending cuts or tax increases, and unfair as Republicans maintain that the cost of extending
unemployment benefits should be covered.
Democrats also complained about the uncertain fate of other tax breaks, such as those for hiring
workers from disadvantaged groups and installing wind turbines.
Serious Understatement
To say that Republican action today is hypocritical is a serious understatement, said
Representative Sander Levin of Michigan, the top Democrat on the Ways and Means Committee.
Democrats didnt offer specific proposals for offsetting the costs. In the past, they have supported higher
taxes for oil companies and private equity managers to pay for extensions. The provisions have repeatedly
been extended without those revenue-raising items attached, most recently in January 2013.
Camp said the committee would consider other expired provisions later this year. He wouldnt say which
ones he supports making permanent; among the largest are bonus depreciation for capital expenses and
the ability to deduct state sales taxes.
This is just the beginning of doing a thorough, methodical review, said Camp, who is retiring from
Congress when this term ends.
Tax incentives are unpopular Republicans view it as a trade off with other
industries
Hanson, Americans for Prosperity Federal Issue Campaign Manager, 14
[Christine H., 6-18-14, Forbes, Support For Wind Subsidies Divides Republicans,
http://www.forbes.com/sites/realspin/2014/06/18/support-for-wind-subsidies-divides-republicans/,
accessed 7-9-14, AAZ]
In arguing that that tax credits are needed to boost employment in the wind industry, proponents
overlook what the rest of the economy gives up in exchange for them . In reality the PTC is a net
jobs loserit distracts labor and capital away from more efficient areas in the economy and slows
over all growth. Wind turbine makers may be able to plump up their payrollsjust as any tax handout
will boost employment in a targeted industrybut the rest of the economy suffers as a result. Any
boost in employment among wind turbine makers is inherently temporary.
Compared to other forms of electricity generation, wind power is far from cost competitive. The wind
PTC is an outrageously large subsidy, leading to giant disruptions in the energy market. At $23 per
megawatt-hour, the PTC is worth half (and sometimes even more) of the entire wholesale price of
electricity in many parts of the country. In fact, the PTC is so lavish and anti-cost-competitive that wind
power producers often bid negative prices into electrical grid, just so they can collect the subsidy. They
literally pay utilities to take their electricity.
Lawmakers should oppose resurrecting this tax break for wind energy because its costly, and
increasingly sothe PTC cost $12 billion in 2014, up from a historical average of $5 billion per year.
In practice, targeted subsidies are a tried-and-terrible way to develop new energy sources, Under
President Obamas direction, the federal government has tried to prop up its favorite energy sources with
targeted subsidiestax credits, grants, loan guarantees, state-based mandates, etc.with little to show
besides slower economic growth. Too many of these pet projects have gone bankrupt and belly-up,
sticking taxpayers with the bill, and failing to get the U.S. any closer to its energy goals.
Even Warren Buffett readily admits that wind energy is a terrible investment[O]n wind energy, we get
a tax credit if we build a lot of wind farms. Thats the only reason to build them. They dont make sense
without the tax credit.
At its core, the wind PTC is no different than these green energy boondoggles like Solyndra and its
successors. It represents exactly the kind of government meddling in the economy that Republicans
campaign against. Republicans in particular should live up to their stated principles of free markets
and level playing fields by opposing extending the PTC.
Lobby Opposition
Powerful oil coal and gas company Koch Industries enlisted networks to campaign
against wind energy
Negin, Union of Concerned Scientists news director, 13
(Elliott, 12-9-13, The Huffington Post, The Koch Brothers Are Still Trying to Break Wind,
http://www.huffingtonpost.com/elliott-negin/the-koch-brothers-are-sti_b_4396033.html, accessed 7-1214, CLF)
As Congress dithers for the umpteenth time over extending a key subsidy for wind energy, the industry
once again is up in the air. Called the production tax credit (PTC), the subsidy helps level the
playing field between wind and fossil fuels and has proven to be critical for financing new projects,
helping to make wind one of the fastest growing electricity sources in the country. Given the planet
needs to transition as quickly as possible away from coal and natural gas to carbon-free energy to
avoid the worst consequences of climate change, who would be against renewing wind's tax credit?
The Koch brothers, that's who.
Charles G. and David H. Koch -- the billionaire owners of the coal, oil and gas Koch Industries
conglomerate -- have enlisted their extensive network of think tanks, advocacy groups and friends
on Capitol Hill to spearhead a campaign to pull the plug on the PTC. Never mind the fact that the oil
and gas industry has averaged four times what the wind tax credit is worth in federal tax breaks and
subsidies annually for the last 95 years.
The Koch network is fighting the wind industry on a number of fronts . Last month, Koch-funded
Congressman Mike Pompeo (R-Kansas) sent a letter signed by 52 House members to the chairman
of the House Ways and Means Committee, urging him to let the PTC expire. Meanwhile, a coalition
of some 100 national and local groups organized by the Koch-founded Americans for Prosperity sent
a letter to each member of Congress asking them to do the same. And earlier this month, the Kochfunded Institute for Energy Research launched an anti-PTC ad campaign and released a report
claiming that only a handful of states actually benefit from the subsidy.
Malcolm Gladwell didn't include this battle in his new book David and Goliath because, given the odds,
it's more like Bambi versus Godzilla.
Public Opposition
Offshore wind is unpopular key bureaucratic impediments, land owners, loss of
confidence, lack of technology
Salih, Roosevelt Institute's Columbia Chapter, Environment leader, 7/2/14
[Swara, 7-2-14, Huffington Post, Will Offshore Wind Pick up the Speed?,
http://www.huffingtonpost.com/swara-salih/will-offshore-wind-pick-u_b_5549967.html , accessed 7-614, AAZ]
Constructing any sort of energy infrastructure is expensive and lengthy, and the construction of these
facilities and their maintenance are highly expensive (which the PTC helps to alleviate), but analysts
have said that offshore wind's benefits could ultimately outweigh the costs. What's kept it from
taking off? It appears to be an issue with the permitting process for the plants themselves. While there is
a vested private and public interest in building the facilities, firms constantly run into bureaucratic red
tape that hinders their construction. The permitting process for wind farms can take two years or longer to
complete, and so the uncertainty of the tax credit's extension often makes developers hesitate to begin.
With no infrastructure in place for offshore wind farms, this makes receiving permits an exceedingly
difficult task. Infrastructure is also expensive to construct, putting the price of a facility like Cape Wind in
Massachusetts in the range of $2-3 billion, which makes permitting all the more less likely.
But there have been various state-level efforts at fostering offshore wind energy industries. In 2010,
Governor Chris Christie signed the bipartisan Offshore Wind Economic Development Act, which
established an offshore wind renewable energy certificate (OREC) program to make financial assistance
and tax credits available to businesses that could build the necessary infrastructure. However, projects
have encountered various bureaucratic impediments. This past March, the New Jersey Board of
Public Utilities (BPU) halted the construction of Fishermen's Energy, despite the project's guarantee of
a $47 million federal grant from the DOE. The plant would need to be 2.8 miles off the coast of Atlantic
City, and would cost a total of $188 million while providing 25 MW of electricity, enough to power
10,000 homes. The BPU cited concerns that household payers would end up paying "hundreds of
millions of dollars" for power and that the federal grants were "unsecured." This past May, however,
Fishermen's Energy received the federal grant, prompting them to appeal to the BPU to overturn their
previous decision. Some suspect that the BPU has put less confidence in renewable utilities due to
Chris Christie's faltering support for them, ironic considering he spearheaded the bipartisan legislation in
2010.
Dominion Virginia was more fortunate, and bought a lease for 113,000 acres last September from the
Department of the Interior (DOI), aiming to provide energy to around 700,000 homes. However,
Dominion has little intention of using all this acreage any time soon, with the cost of offshore wind
remaining three times as expensive as natural gas (a key commodity of Dominion). Dominion's senior
vice president for alternative energy solutions Mary Doswell is on record saying that though offshore
wind is a "large scale, sustainable resource," Dominion would need to "work on the cost," and that the
company is waiting on "technological advances" that would make construction cheaper. Yet they are
LNG Terminals
But there is also great wariness in many quarters about the prospect of allowing exports of natural
gas. Americans usually support exports, but natural gas, along with other energy commodities, has
recently received special scrutiny. Some fear that allowing exports would dangerously drive up
domestic natural gas prices while making the U.S. gas market more volatile. Others would prefer
that domestic gas be directed toward boosting manufacturing at home, replacing coal-fired power
plants, or taking the place of oil as the ultimate fuel for American cars and trucks. Still more oppose
natural gas exports because those exports would result in greater U.S. natural gas production,
potentially leading to social and environmental disruption. All of these parties oppose natural gas
exports, or at least seek significant constraints. Some are driven by broad visions of the national interest
to conclude that natural gas exports would have negative consequences that are not captured by simple
economic logic. Others are motivated by more self-interested concerns, particularly the desire to secure
cheap energy inputs for their industries.
Conceding that its decision was "not a popular" one, FERC last Thursday approved, subject to 169
conditions, the controversial AES Sparrows Point liquefied natural gas (LNG) terminal project
near Baltimore and associated Mid-Atlantic Express pipeline, which would bring 1.5 Bcf/d of natural
gas to growing markets in the Northeast. The agency also upheld on rehearing two order authorizing
two LNG projects -- Dominion Cove Point LNG on the eastern shore of Maryland, andNorthernStar
Natural Gas Inc.'s Bradwood Landing LNG terminal project in Oregon.
With respect to Sparrows Point, "our primary concern is assuring public safety. We have done so in this
order by attaching 169 conditions that will protect public safety and mitigate any adverse environmental
impact," said FERC Chairman Joseph Kelliher. "I realize this is not a popular decision, but it is the
correct decision, rooted in voluminous record and based on sound science."
Offshore Drilling
That report criticized Congress for failing to adopt new oil spill safety laws but praised the Interior
Department and industry for making progress in improving offshore oil development safety,
environmental protection and oil spill preparation.
An environmental group was less complimentary. A report yesterday by Oceana charged that the
measures adopted by government and industry are "woefully inadequate."
As the 2012 presidential campaign heats up and gasoline prices remain stuck near $4 per gallon,
Obama's offshore oil development policies aren't winning him any political capital . The
environmental community hates the drilling proposals . The Republicans and oil industry officials
complain that the White House hasn't gone far enough. And independent voters are confused by the
president's rhetoric.
According to the GOP political firm Resurgent Republic, independent voters in Colorado and Virginia
don't understand what Obama's "all of the above" energy mantra means. The report said, however, that
once the policy was "described as oil, gas, coal, nuclear power, solar and other alternative energies,
participants became enthusiastic and view such a strategy as credible and necessary to becoming more
energy independent."
A recent Gallup poll indicated that American voters are polarized on energy issues. The survey
found that 47 percent of the public believes energy development is more important than environmental
protection, while 41 percent of the public ranks protecting the environment as a bigger priority.
In that political climate, Obama's offshore oil development policies are not likely to affect the
nation's most conservative or liberal voters, noted Larry Sabato, director of the University of Virginia's
Center for Politics. "The environmentalists have no place to go except Obama, and Obama isn't going to
convince any conservatives or Republicans to back him" based on his oil and gas proposals, Sabato
said.
"He's obviously aiming at swing independents," Sabato added. "He's trying to show that he's pursuing a
middle path, the one many independents like. Maybe it will work."
President Barack Obamas offshore drilling proposal has shaken up the Capitol Hill climate change
fight.The White House has been emphasizing its support for nuclear power and oil drilling as it courts
Republican and centrist Democratic endorsements of greenhouse gas emissions curbs.
Under the administration plan, the Interior Department will proceed with a lease sale for companies
interested in drilling 50 miles off the Virginia coast before 2012. Leasing off the coasts of other midAtlantic and Southeastern states would be authorized in Interiors 2012-2017 program.
The White House is also calling for opening a major swath of the eastern Gulf of Mexico, which is
mostly off-limits under a 2006 Gulf drilling law.
While most of the drilling proposal can be undertaken using executive power, expanded drilling in
the eastern Gulf of Mexico would require congressional approval. That will surely play a role in the
fight over energy and climate legislation that Democrats hope to bring to the floor.
Republicans called Obamas plan too narrow, as it closes off or delays leasing or sales in other areas.
The energy consulting firm ClearView Energy Partners, in a research note Wednesday, said the limits of
the White House plan give architects of the Senate energy and climate bill an opening to woo new
support.
One obvious implication of todays announcement: delaying and canceling OCS [Outer Continental
Shelf] sales gives lawmakers the opportunity to sweeten a climate bill by restoring or accelerating
sales, ClearView states.
But the White House and the architects of Senate legislation Sens. John Kerry (D-Mass.), Lindsey
Graham (R-S.C.) and Joe Lieberman (I-Conn.) risk losing support among liberal Democrats
and environmentalists as they seek expanded drilling.
For instance, Sen. Frank Lautenberg (D-N.J.) attacked the plan Wednesday.
Drilling off the Virginia coast would endanger many of New Jerseys beaches and vibrant coastal
economies, Lautenberg said in a prepared statement.
Environmental groups that are on board with efforts to craft a compromise climate change and energy bill
such as the Sierra Club and the Natural Resources Defense Council also slammed the proposal.
Both the GOP and Democrats are highly polarized on offshore drilling causes
backlash
Geman, energy and environment reporter for the Hill, 10
Republicans were generally lukewarm at best to the Obama administration plan Wednesday,
and many attacked the proposal, calling it too modest. The plan also scuttles some proposed Alaska
lease sales.
White House spokesman Bill Burton largely deflected questions Wednesday about whether the drilling
push would help the push for climate change legislation.
I would say that its obviously a part of the climate legislation and the entire package that the
president is working with Congress to move forward, he said when asked about the implications of
the drilling plan on the Capitol Hill climate change debate.
So I would say that this is mostly about coming through on a promise that he made to the American
people that he would have a comprehensive energy plan that would include some increased domestic
production of energy but also some big investments in renewable technology, as well as finding ways to
promote efficiency and things like that. So all these things are connected, he added.
Something else to watch: Several lawmakers who support wider offshore drilling want the Senate
energy and climate bill to give coastal states a nice cut of what could be billions of dollars in leasing
and royalty revenue.
Sen. Jim Webb (D-Va.), a centrist swing vote in the climate fight, on Wednesday applauded the plan to
proceed with leasing off Virginias coast but reiterated his call for Virginia to receive a share of the
money.
This policy should be coupled with a fair and equitable formula for profit-sharing between the federal
and state government in order to attract well-paying jobs to the commonwealth and support a range of
projects, from clean energy development to transportation infrastructure to coastal restoration, Webb
said.
Unpopular
Offshore drilling is unpopular with Democrat Senators and Oceana
Fisher, Oceana Editorial manager, 10
[Emily, 5-10-14, Oceana, Oceana Joins Senators in Opposition to New Drilling,
http://oceana.org/en/blog/2010/05/oceana-joins-senators-in-call-for-a-ban-on-new-offshore-drilling ,
A recent report by the Congressional Budget Office cites 70% of the nations oil and gas reserves as
available for drilling already, making it unclear as to the extent to which Romneys plan will increase
actual energy yields (3). An emphasis in off-shore exploration is expected to bolster our nations fuel
production but we must remain mindful of the potential for disaster, as shown by the recent Deepwater
Horizon tragedy. Romney notes that exploration in the Mid-Atlantic, which is currently prohibited, has
received continuous bipartisan support (4). Its worth noting that this support is from Virginia State
Senators, whose responsibility is primarily to their constituents. Sen. Jim Webb (D) mentions
improvements to his commonwealths economy as a primary reason to support development in the MidAtlantic. When discussing national energy policy, this inherent danger of porkbarrel politics, the
allocation of federal funds for use in largely localized projects, cannot be ignored. Even still, at our
current pace of development, the EIA (Energy Information Administration) predicts the US can
eliminate its net imports of natural gas and reduce imports of oil to 38% by 2020. A majority of the
necessary oil imports remaining will be sourced from Canada and Mexico, an idea that has
continually attracted bipartisan support (5). If were going to be approaching North American energy
independence by 2020 anyways, than the question becomes whether the actions proposed by Romney to
further accelerate domestic production are worth the potential externalities.
One key factor in achieving energy independence not discussed in this report is the fate of existing CAFE
(Corporate Average Fuel Economy) standards. President Obama implemented standards in May 2010
which aim to achieve a fuel economy of 34.5 mpg in model year 2016 vehicles. The EIA cites these new
standards as a contributing factor to the 124,000 barrel per day decrease in US gasoline consumption
during the first quarter of 2012 as compared to 2011. In an effort to continue this positive trend, this
summer President Obama implemented new standards aimed at improving nationwide fuel economy for
2017-2025 (54.5 mpg in model year 2025 vehicles) (6). The EIA predicts this new measure will save 1.4
million barrels of oil per day by 2035 when compared to a simple extension of the 2012-2016 standards
(7). This decision has been received with staunch opposition from the Republican Party, including the
new Presidential hopeful. Romney has been open in his opposition of the CAFE standards, stating that
they hurt domestic automakers and provided a benefit to some of the foreign automakers (8). Not only
would Romney be expected to rescind the new standards but could repeal the 2012-2016 standards which
have already had a tangible effect on foreign oil imports. Despite these accusations, the National Highway
Transportation Safety Administration expects these standards to reduce our consumption of oil by 4
billion barrels and the BlueGreen Alliance predicts an additional 570,000 jobs by 2030 as a result of
this policy (9). Certainly these standards present an opportunity to increase our energy
In addition to the renewable measures, the bill's authors are considering other options to gain
Democratic support. For Landrieu; Sen. Mark Warner, D-Va.; and other lawmakers in states with
the potential for offshore oil and gas drilling, the bill would immediately entitle their constituents to
between 27.5% and 37.5% of energy production revenues, instead of having to wait until 2017 for
the second phase of the Gulf of Mexico Energy Security Act to take effect.
Landrieu, whose state has already collected more than $6 million from phase one of the revenue-sharing
law, is also pushing to remove the $500 million annual revenue cap included in the 2006 measure. "It's
there for budget scoring reasons," Dillon said. "But that's something that's being discussed."
The bill's sponsors also may be open to considering popular measures that were used to push
previous attempts at revenue sharing. Dillon said the authors would "be happy" to revisit the issue
of offshore drilling safety, but he said that since the reform measure died in 2011, the DOI and the
Obama administration "were able to do a lot of those things they wanted to do administratively."
He said, "So we're not sure at this moment if there's any need for legislation."
The clean energy trust fund also may be on the table. Murkowski also has talked to Wyden about "taking
another look at how we finance deployment of new technologies," Dillon said. However, he cautioned
that "we are still working with co-sponsors and Landrieu on the revenue sharing, so the details may
change, but this is just what the outline looks like at this moment."
Reaction to the prospective legislation from industry groups across the spectrum has so far been
cautiously optimistic. The American Petroleum Institute supports expanded offshore oil and gas
production, "and state revenue sharing should be a part of that equation," the trade group's upstream
director, Erik Milito, said in an email.
Solar Energy Industries Association President Rhone Resch said in an email that, "in general, we
are supportive of revenue sharing between the federal and state governments as it has worked well
for other energy sectors." The American Wind Energy Association did not immediately respond to a
request for comment. The U.S. Bureau of Land Management has approved 18 solar energy projects on
federal land that, if built, will produce more than 6,100 MW of power, according to DOI figures. Since
2009, seven wind projects worth nearly 3,900 MW also have been approved; 566 MW of wind energy had
been approved on federal land prior to that.
There is broad and bipartisan support from the public and policymakers at the state and federal
level for expanding access to offshore oil and natural gas development, API Director of Upstream &
Industry Operations Erik Milito told reporters this afternoon:
The United States has an opportunity that few nations ever get. We have a chance to be a
dominant player in global energy markets and guarantee our energy security for decades ahead.
Achieving this feat must include tapping into oil and natural gas resources off our coasts in the
Atlantic, Pacific, the Arctic and eastern Gulf of Mexico.
There is broad support from both policymakers and the public, and we need to begin taking the
steps to ensure the nations long-term energy security. Offshore oil and natural gas production is a
long-term effort that requires long-term planning.
We urge President Obama to work with Congress, the states and the industry to take advantage of the
valuable opportunity presented by expanding access to offshore energy production and by expanding
revenue sharing for coastal states. The benefits for American families, businesses, and our long-term
energy security are too great to let this opportunity slip away.
HOUSTON Oil and gas companies have accelerated their spending on lobbying faster than any
other industry, training their gusher of profits on Washington to fight new taxes on drilling and slow
efforts to move the nation off fossil fuels. The industry spent $44.5 million lobbying Congress and
federal agencies in the first three months of this year, on pace to shatter last year's record . Only the
drug industry spent more. Last year's total of $129 million was up 73 percent from two years earlier.
That's a faster clip than any other major industry, according to data from the Center for
Responsive Politics. From the late 1990s through the first half of this decade, the oil industry spent
roughly $50 million to $60 million a year on lobbying. It ramped up lobbying in 2006, when Democrats
retook Congress, and further as President Barack Obama took office. They're under attack, they're
ramping up their operations and they've got money to spend, said Tyson Slocum, who runs the
energy program at watchdog group Public Citizen. They're in a much better position than other
industries to draw upon financial resources for their lobbying effort. Billions of dollars in oil profits
in recent years have made the industry a target for new and higher taxes on exploration and drilling. Oil
companies and refiners are also trying to blunt the impact of costly climate change legislation pushed by
Obama. While most oil and gas executives acknowledge the nation needs cleaner energy, they say
lawmakers are misguided about how quickly it can happen. They warn that taxes and tighter rules on
exploration could cripple the industry before new technology is developed. Complex issues like that
require additional communication and effort to ensure lawmakers understand our positions, said Alan
Jeffers, a spokesman for Exxon Mobil Corp., the world's largest publicly traded oil company. Exxon
Mobil was the biggest spender in the first quarter, pumping $9.3 million into Washington three
times what it spent a year ago, according to House disclosure reports. In its House filing, Exxon
noted it lobbied on high-profile topics such as climate and tax legislation, as well as provisions regarding
the chemical industry, education and health care. Combined, the three largest U.S. oil companies
Exxon, Chevron Corp. and ConocoPhillips spent about $22 million on lobbying in the first
quarter. Smaller, independent companies that produce the bulk of the nation's crude and natural
gas are spending millions, too. They're spending more even as profits have subsided. The big three
U.S. oil companies spent just $12.4 million on lobbying in the fourth quarter. First-quarter spending on
lobbying by the oil industry trailed only drugmakers and health products companies, which spent $66.6
million. I can tell you, I've had substantially more visits than usual, said Rep. Gene Green, whose south
Texas district is in the heart of oil country. Among his callers, he said, have been representatives of
ConocoPhillips and Exxon Mobil to discuss climate-change legislation and other matters. To a degree,
the investment appears to be paying off. On Wednesday, a Senate committee voted to lift a ban on
drilling across a vast area in the eastern Gulf of Mexico. The provision, which the industry pushed for,
is included in a bill that would expand the use of renewable energy sources such as wind and solar. The
bill now goes to the full Senate. Democrats from oil states have also managed to get rid of a provision in
Resources
Powerful political actors opposed to management changes can use residual uncertainty to argue that
monitoring data does not require management changes, even when monitoring data might be considered
effective by outside observers (Halbert 1993, Gunderson 2003b). These actors have at least four
advantages. First, inaction can be made more appealing by arguing that additional research is
required to narrow uncertainty (Walters 1997, Nichols and Williams 2006, Allen and Gunderson 2011).
Second, statistical analysis in monitoring programs often gives a significant advantage to parties
supporting the status quo. Because of the importance of uncertainty, decisions about the statistical
burden of proof, how to resolve questions about whether monitoring data indicates that
management should be changed, are often outcome determinative (Martin et al. 2009). Many
resource management agencies have emphasized the risk of type I errors, i.e., approving an action,
taken to be sound (true) based on the best science, that later proves to be unsound (false), even
though type II errors, the opposite dynamic, may be just as important (Stankey et al. 2005:27). This risk
aversion makes it hard to change management practices. Third, when the status quo involves significant
economic exploitation of a resource (often), decision makers tend to minimize information that
supports reducing exploitation. In fisheries management, when scientists give decision makers a
range of possible quotas for fishing, decision makers regularly and consistently set fishing quotas as
high as possible within that band of uncertainty (Eagle and Thompson 2003). This pressure to resolve
uncertainty in favor of economic development or exploitation derives from a number of sources, such as
the advantage that regulated interests often have in the political arena (Zinn 2002). Another important
factor is the need among economic interests for regulatory certainty (Ruhl 2008). Certainty will
create strong political resistance to changes in how much an environmental resource can be
exploited. Fourth, political and legal inertia often prevent changes to existing management and
regulatory systems (Lazarus 2009). An agency may simply not have enough legal authority, money,
or time to adequately review or analyze effective monitoring data, or to implement management
changes based on that data (Gregory et al. 2006, Doremus 2011). Inertia may make it difficult to
change the statutory or regulatory structures that inhibit agency action. Overcoming that inertia
requires political capital, time, and energy.
Fishing
Aquaculture Controversial
Aquaculture is politically unpopularempirically prove
Fry, Commercial Fisher, 13
[Christy, 2/26/13, Homer News; Republished on the website of Congressman Don Young, Young
Introduces Aquaculture Bill, http://donyoung.house.gov/news/documentsingle.aspx?
Alaska Congressman Don Young has introduced legislation that would prohibit the Secretary of
Interior and the Secretary of Commerce from authorizing commercial finfish aquaculture
operations in the federal Exclusive Economic Zone, from 3 to 200 miles from shore, unless specifically
authorized by Congress.
"If not properly managed, farmed fish can be a significant threat to the health of Alaska's wild
stocks and the health of our oceans," Young said. "Alaska's seafood industry is one of the largest
employers in the state, and today's legislation will preserve Congress' prerogative to determine
what type of aquaculture programs should and should not be conducted in our waters and those
adjacent to our waters."
Congress has never authorized open ocean aquaculture or provided a legislative framework for
managing finfish farms in the EEZ, in spite of the National Oceanic and Atmospheric Administration
drawing up a 10-year plan in 2007 that had stated goals such as "By the end of 2007, develop policies,
guidelines and protocols for use in the review of proposed marine aquaculture facilities by NOAA
regional and program offices under current NOAA mandates."
The most recent activity on the NOAA aquaculture website involves funding opportunities for creating
biofuels from algea:
"As part of the Energy Department's efforts to develop transportation fuels that don't rely on petroleum,
they announced on January 16 up to $10 million available this year to help unlock the potential of
biofuels made from algae. The funding will support projects aimed at boosting the productivity of algae
and increasing the efficiency of algae harvesting technologies."
NOAA drew fire from commercial fishermen when it began aggressively promoting aquaculture in
federal waters, saying that spending taxpayer dollars to create a system that would lower prices for
wild-caught products was inherently unfair.
However, the spotty nature of the project appears to have diminished the immediate threat. Three
separate bills submitted to Congress in 2004, 2007 and 2009 failed to produce the regulatory
framework, failing to even move out of committee.
NOAA says that it has a commitment to developing sustainable aquaculture, although its definition of
"sustainable" is not found in any of its literature.
Perhaps the simplest way to describe this policy and council is to envision a national zoning board
for oceans and all of the inland communities and activities that might affect the oceans. Youve
probably dealt with a local zoning board that keeps order between residential neighborhoods and busy
commercials areas. You may not always agree with their decisions, but we can all appreciate local control
over such matters.
President Obamas National Ocean Policy takes zoning to a massive scale, giving Washington pencil
pushers more power to decide what activities are acceptable in the ocean zones they create. And
when federal agencies are authorizing activities, the converse can be assumed: they will close off
other activities, and limit authorized activities only to approved zones. The uncertainty that results
will further limit economic growth.
Coastal communities have already felt the pain of tough economic times. Fishermen are having a hard
time making ends meet and many are seeing their harvest levels reduced, while their cost of doing
business continues to rise. The House subcommittee I chair has heard testimony describing how harvest
levels have been driven down by the lack of agency-funded stock assessments and the closing of fishing
grounds. Now, this proposed new policy threatens to take more money from fishery surveys, and will
create more closures.
To make matters worse, this new National Ocean Policy will reach far inland with new zoning plans,
and could use ocean water quality as a way of threatening even farming and forestry practices.
The presidents plan enhances uncertainty by giving precedent to ecosystem health over the
economic impact of human activities, even if those activities were previously authorized or occurring in
an area. That means government bureaucrats, working behind closed doors, may decide that their views
on climate change or water quality both priorities in the policy will win out over the longstanding
interests of people who have depended for decades on the oceans and waterways for their livelihood.
Imagine putting those decisions, along with the vague and undefined policy goals of the executive order,
in the hands of special interest groups whose agenda is to abolish virtually all human activity. The
litigation and court challenges will be endless, and the permits that fishermen and coastal
businesses need to continue making a living will be hard to come by.
The presidents plan, which has flown under the transparency and accountability radar, lists nearly 60
milestones for federal agencies to accomplish this year as they implement the policy, with another 92
Whaling
Whaling Controversial
Whaling exemption, including process by which it is achieved, massively
controversial, ensuring debate about the plan
Kamb, Seattle Post-Intelligencer, 5
[Lewis, Seattle Post-Intelligencer, 3-20-5, Makah try long shot: asking Congress to allow whale hunts,
http://www.seattlepi.com/local/article/Makah-try-long-shot-asking-Congress-to-allow-1169021.php,
accessed 7-10-14, AFB]
Coral Reefs
Preservation Controversial
Coral reef preservation leads to backlash and fightseverybody hates it
Golden, Daily Beast, 14
[Abigail, 6/23/14, The Daily Beast, Republicans: Obamas Ocean Protection Plan Evidence of Imperial
Presidency, http://www.thedailybeast.com/articles/2014/06/23/republicans-obama-s-ocean-
President Obama announced last week that he plans to add massive amounts of territory to the
Remote Pacific Islands National Marine Monument, a tract of ocean surrounding seven hard-to-reach
islands and atolls in the south-central Pacific Ocean. Obamas decision will expand the original reserve,
created by George W. Bush in the last days of his presidency, by almost five times its original size. The
expanded national monument will quintuple the number of seamounts, or underwater mountains, under
federal protection, and close almost 780,000 square miles of ocean to tuna fishing.
Obamas decision has been hailed for its conservation impact by scientists and even by the New York
Times editorial board. Gareth Williams, a researcher at Scripps who studies the coral reefs within the
reserve, hailed the expanded national monument as protecting some of the most intact natural areas left
on the planet. Its almost impossible to find another example of that, forests included, Williams told The
Daily Beast. There are always examples of degradation, but there are very few examples of ecosystems
left that are thatpristine.
But plenty of people arent happy with Obamas decision, and the next few monthsin which the
exact details of the expansion will be up for reviewmay be contentious ones. These are the groups that
have most at stake in opposing the expanded Remote Pacific Islands reserve:
1. Republican lawmakers
Obamas use of an executive order to establish the reserve expansion angered Republicans in
government, who viewed it as an attempt to test the limits of White House authority. Congressman Doc
Hastings (R-Wash.), the chairman of the House Natural Resources Committee, was quick to
denounce Obama as an Imperial President who is intent on taking unilateral action, behind closed
doors, to impose new regulations and layers of restrictive red-tape.
By Hastings standards, another candidate for an imperial presidency would be George W. Bush, who
created four marine national monuments during his time in office.
By Hastings standards, then, another candidate for an imperial presidency would be George W. Bush,
who created four marine national monuments during his time in office, totaling some 300,000 square
miles of protected ocean.
2. The commercial fishing industry.
Currently, about 3 percent of the U.S. tuna catch in the western and southern Pacific comes from the area
now under protection, according to Pew Charitable Trusts. Congressman Hastings has criticized
American fishermen are reacting with skepticism, concern and frustration at the latest murky steps
to prevent fishing in vast tracts of the Pacific. The proposed expansion was announced along with
other White House ocean conservation initiatives on June 16, as the kickoff to a two-day State
Department conference aimed at greater international coordination to overcome a variety of ocean ills,
including not only overfishing, but marine pollution and ocean acidification -- the last linked by
conservationists to global carbon emissions and climate change.
CLICK HERE FOR THE INITIATIVES
However, despite this, the structures are not without controversy. After all, any time something
large and manmade gets put in the ocean, there is always the chance for disaster. As Teufel who,
in his position as an Environmental Scientist for the Coastal Commissions Ocean Resources
Division, has had ample experience with similar projectsputs it, It is not as simple as just
chucking some materials down and getting kelp and fish populations to move in. There is quite a bit of
scientific legwork required and a very lengthy permitting process that includes everyone from us to the
State Lands Commission to the Army Corps of Engineers to Fish and Game.
Other concerns held by groups such as the Environmental Defense Center and Santa Barbara
Channelkeeper include the potential for an inappropriately sited artificial reef to cause a fish
population sink or crash at nearby naturally occurring habitats or the luring of wildlife away from the
safe haven of existing marine protected areas to unrestricted waters.
Given these worries, when word spread late last month that Goldblatt had already installed a pair
of reef balls without really reaching out to the nearby environmental community or the various
regulatory agencies, not only did the collective neckhairs of Santa Barbaras various ocean watchdog
groups stand straight up, but the Coastal Commissions enforcement wing also opened up an
official investigation and has since declared, via a written notice, that the two balls meet the definition of
development under the Coastal Act and now must seek after-the-fact approval or be removed.
Port Dredging
Dredging Controversial
Port dredging is empirically unpopularconcerns over earmarking funding
Gale, South Florida Business Journal Chief Editor, 12
[Kevin, 2/14/12, South Florida Business Journal, Port dredging is a hot topic in D.C,
http://www.bizjournals.com/southflorida/blog/2012/02/port-dredging-is-hot-topic-in-dc.html,
accessed 7/9/14, AC]
Some members of Congress are starting to get antsy about getting East Coast harbors dredged to
accommodate post-Panamax ships.
While PortMiami has $77 million in state funding to help launch its project, ports further north are
fighting for federal funding.
In his Fine Print column in The Washington Post on Tuesday, Walter Pincus tells how the Senate
Armed Services Committee grilled Army Lt. Gen. Thomas Bostick, who has been nominated to lead
the U.S. Army Corps of Engineers. (Bostick is already facing a roadblock from Sen. Rand Paul, RKy., over repairs on a dam in his home state.)
The problem for ports and their congressmen is that earmarks aren't supposed to happen anymore,
and that's a classic way for port dredging projects to get funded.
Sen. Saxby Chambliss, R-Ga., has concerns about the Port of Savannah, the column says.
Ive visited Savannah, and the port complex is impressive in size and has grown rapidly. A major issue,
though, is that it's located on a river, and experts have told me it's more expensive to maintain depth
because of silt carried by currents. The Army Corps has some preliminary funding for the port, but
the Post account indicates events are moving slowly.
http://onlineathens.com/local-news/2012-07-14/panel-set-represent-sc-wades-court, accessed
7/9/14, AC]
The commission tasked with representing South Carolina's interests when it comes to dredging the
Savannah River has taken on a higher profile as it wades into several legal disputes over the $650
million project.
Icebreakers
Icebreakers Controversial
Icebreakers are unpopularspending and connection to global warming
Holland, American Security Project Energy and Climate Senior Fellow, 13
[Andrew, 9-26-13, Alaska Dispatch News, America is failing to meet challenges of a changing Arctic,
Finally, we need a military presence in order to maintain the security in our sea lanes and to provide for
disaster response. Today, neither the U.S. Navy nor the U.S. Coast Guard have the infrastructure,
the ships, or the political ambition to be able to sustain surface operations in the Arctic (the Navy
regularly operates submarines beneath the surface on strategic patrols). The United States Coast Guard
only has one medium ice-breaker in service today, the Healy. The heavy icebreaker Polar Star is
undergoing sea trials for its return to service after an extensive retrofit, but she is over 36 years old,
well beyond her intended 30-year service life. The Coast Guards proposed FY14 budget includes $2
million for plans for a new icebreaker, but purchasing one could cost over $800 million. In todays
federal budget environment, even the $2 million outlay is uncertain.
In contrast, Russias defense commitment to the region is extensive; it controls the largest icebreaker fleet
in the world, and is currently constructing what will be the worlds largest nuclear-powered icebreaker.
Russias largest naval fleet is its Arctic fleet, headquartered in Severomorsk off of the Barents Sea, and
President Putin has publicly committed to expanding their naval presence.
Perhaps it is because of the political paralysis on climate policy in Congress and in state
governments that it is impossible to have a rational debate about the impacts of climate change. So
long as a large portion of our political system refuses to acknowledge the very existence climate
change -- even in the face of clear evidence across Alaska, we will not be able to make the
investments necessary to take advantage of a changing Arctic.
LOST
GOP Opposition
Huge Republican opposition past rallies against prove
Thiessen, former chief speechwriter for President George W. Bush, 12
[Marc A., writer for The Post and former chief speechwriter to President George W. Bush and Secretary
of Defense Donald Rumsfeld and a former senior aide to Senate Foreign Relations Committee Chairman
Jesse Helms, 7-16-12, Washington Post, Portman, Ayotte kill the Law of the Sea Treaty,
http://www.washingtonpost.com/blogs/post-partisan/post/portman-ayotte-kill-the-law-of-the-seatreaty/2012/07/16/gJQADpJEpW_blog.html, accessed 7-9-14, AAZ]
Conservatives have long opposed the U.N. Convention on the Law of the Sea Treaty (LOST). The
treaty would create a new global governance institution (known ominously as The Authority) that
would regulate U.S. citizens and American businesses without being accountable to the American
people or their elected leaders.
During the Clinton administration, my old boss, the late former Senate Foreign Relations Committee
chairman Jesse Helms, declared the treaty dead on arrival. But with the arrival of the Obama
administration, and with Democrats in control of the Senate, there has been a renewed push to ratify
the treaty.
Those efforts suffered a setback last week when Senate Minority Leader Mitch McConnell
announced that he would oppose ratification . That meant 32 Senate Republicans had either
publicly opposed, or signed letters declaring their intention to vote against, the Law of the Sea
Treaty. Opponents needed just two more Republicans to declare their opposition to reach the 34
votes necessary to kill it.
Those final two votes came through this afternoon, when Sens. Rob Portman (R-Ohio) and Kelly
Ayotte (R-N.H.) wrote to Senate Majority Leader Harry Reid declaring their intention to vote
against the treaty . As one might expect from Portman and Ayotte, the letter delivers a studious
examination of the costs and the benefits of ratification, and then concludes:
We are deeply concerned about the treatys breadth and ambiguity, the inadequate U.S. input in the
treatys adjudicative bodies, and the automatic enforcement of tribunal judgments in the United States.
No international organization owns the seas, and we are confident that our nation will continue to
protect its navigational freedom, valid territorial claims, and other maritime rights. On balance, we
believe the treatys litigation exposure and impositions on U.S. sovereignty outweigh its potential
benefits. For that reason, we cannot support the Law of the Sea treaty and would oppose its ratification.
Translation: Dead on arrival.
No doubt the news will bolster Ayottes standing as a rising conservative leader in the Senate. And it will
certainly raise Portmans standing in the veepstakes, as he wins well-deserved plaudits from national
security conservatives for putting the final stake into the coffin of this long-despised U.N. power-grab.
(Disclosure: My wife is Portmans legislative director.)
It appears the Law of the Sea treaty is dead in the water at least in this Congress.
Two Republican senators declared their opposition on Monday to the international agreement,
bringing the total number of Senate opponents to 34 enough to sink the measure. A two-thirds majority
of 67 votes was required for ratification.
Sens. Kelly Ayotte (R-N.H.) and Rob Portman (R-Ohio) pushed the opposition movement over the
top, citing concerns about U.S. sovereignty.
In a letter to Senate Majority Leader Harry Reid (R-Nev.), the two Armed Services Committee
members declared: No international organization owns the seas .
We are confident that our nation will continue to protect its navigational freedom, valid territorial
claims and other maritime rights, they said.
Treaties
Treaties Controversial
Approving any international treaty is massively unpopularnationalist backlash
Kaye, Penn State Law Professor, 13
[David, September/October 2013, Stealth Multilateralism, Foreign Affairs, 92: 5, 113-124,
http://www.foreignaffairs.com/articles/139649/david-kaye/stealth-multilateralism, AC]
The U.S. Senate rejects multilateral treaties as if it were sport. Some it rejects outright, as when it
voted against the Convention on the Rights of Persons With Disabilities in 2012 and the
Comprehensive Nuclear-Test-Ban Treaty (CTBT) in 1999. Others it rejects through inaction: dozens of
treaties are pending before the Senate, pertaining to such subjects as labor, economic and cultural
rights, endangered species, pollution, armed conflict, peacekeeping, nuclear weapons, the law of the
sea, and discrimination against women. Often, presidents dont even bother pushing for
ratification, since they know the odds are long: under the U.S. Constitution, it takes only one-third of
the Senate to reject a treaty.
The United States commitment problem has grown so entrenched that foreign governments no longer
expect Washingtons ratification or its full participation in the institutions treaties create. The world is
moving on; laws get made elsewhere, with limited (if any) American involvement. The United States still
wields influence in the UN Security Council and in international financial and trade institutions, where it
enjoys a formal veto or a privileged position. But when it comes to solving global problems beyond the
old centers of diplomatic and economic power, the United States suffers the self-inflicted wound of
diminishing relevance. Administrations operate under the shadow of Senate rejectionism, harboring
low expectations that their work will be ratified.
The foundation of the Senates posture is the belief, widespread among conservative Republicans,
that multilateral treaties represent a grave threat to American sovereignty and democracy. Treaties,
they argue, create rules that interfere with the democratic process by allowing foreigners to make
law that binds the United States. These sovereigntists portray treaties as all constraint, no
advantage, as Jon Kyl, Douglas Feith, and John Fonte did recently in these pages (The War of Law,
July/August 2013). These Republicans automatically resist, in the words of the 2012 GOP platform,
treaties that weaken or encroach upon American sovereignty. And because such a small group of
senators can block any given treaty, they essentially control ratification.
Agencies
Republican capture of control of the House of Representatives has changed the mechanisms
through which the Obama Administration will pursue its regulatory policy objectives and ensures
that disputes between the political parties over regulations will be a recurring feature of the run-up to the
2012 elections.
Until November 2nd, the President led by obtaining landmark legislation from a Congress
dominated by his party, and he had little need for concern about legislative oversight of his
Administration's initiatives. The President has now lost the opportunity to obtain legislation
granting him broad additional authority. He will have to advance his policies through unilateral
Executive Branch actions, such as issuance of regulations, executive orders, heightened enforcement
and aggressive interpretation of existing laws. The heads of Executive agencies also will have to
reallocate their time and political capital to defend the inevitable House oversight hearings on
controversial programs.
In the face of Congressional gridlock, executive orders may be necessary, particularly to advancing
pro-environmental policies. As legal scholar Sandra Zellmer argues, [t]he bitterly partisan nature
of environmental issues in Congress today suggests that comprehensive, thoughtful reforms tailored
to the problems faced by modern society are unlikely.134 Further, Zellmer points out that even if
todays Congress were to take up the call to reform existing statutes, it may be more likely to
dismantle provisions disliked by powerful, regulated entities than to pass comprehensive, forwardthinking legislation designed to solve contemporary environmental problems. 135 Thus, with an
essentially incompetent Congress, Zellmer proposes that non-legislative action, such as issuing an
executive order, may offer an opportunity to work around the congressional logjam and move the
environmental ball forward.136
Saving lives and protecting property should be the National Oceanic and Atmospheric Administrations
top priority. This bill codifies that priority, said Rep. Jim Bridenstine (R-OK) as he explained the
objectives of this legislation to his House colleagues. Bridenstine introduced this bill, H.R. 2413, in
June 2013. The month before Moore, Oklahoma was hit by a massive tornado that killed 24 people
and injured 377. Joining Bridenstine in cosponsoring this bill and reflecting its bipartisan nature
were twenty other representatives, including the chairman and ranking minority member of the House
Science, Space, and Technology Committee.
The Science Committee voted to send this legislation to the full House after a quick markup session in
early December. Then, as was true during Tuesdays floor action, the bipartisan nature of the bill
was emphasized. The bill has now been sent to the Senate Committee on Commerce, Science, and
Transportation. Selections from the House floor debate, in the order of presentation, follow:
House Science Committee Chairman Lamar Smith (T-TX):
Severe weather routinely affects large portions of the United States. This past year has been no different.
The United States needs a world-class weather prediction system that helps protect American lives and
property.
Our leadership has slipped in severe weather forecasting. European weather models routinely
predict Americas weather better than we can. We need to make up for lost ground. H.R. 2413
improves weather observation systems and advances computing and next generation modeling
capabilities. The enhanced prediction of major storms is of great importance to protecting the public from
injury and loss of property. and advances computing and next generation modeling capabilities. The
enhanced prediction of major storms is of great importance to protecting the public from injury and loss
of property.
Rep. Suzanne Bonamici (D-OR):
Members on both sides of the aisle can be assured that this bill represents a truly bipartisan effort
and is built on extensive discussions with and advice from the weather community.
We drew on expert advice from the weather enterprise and from extensive reports from the National
Academy of Sciences and the National Academy of Public Administration. Experts told us that, to
improve weather forecasting, the research at the Office of Oceans and Atmospheric Research, or
Courts
To state the obvious, Americans do not trust the federal government, and that includes the Supreme
Court. Americans believe politics played too great a role in the recent health care cases by a
greater than two-to-one margin.[1] Only thirty-seven percent of Americans express more than some
confidence in the Supreme Court.[2]Academics continue to debate how much politics actually
influences the Court, but Americans are excessively skeptical. They do not know that almost half of
the cases this Term were decided unanimously, and the Justices voting pattern split by the political party
of the president to whom they owe their appointment in fewer than seven percent of cases.[3] Why the
mistrust? When the Court is front-page, above-the-fold news after the rare landmark decision or
during infrequent U.S. Senate confirmation proceedings, political rhetoric from the President and
Congress drowns out the Court. Public perceptions of the Court are shaped by politicians
arguments for or against the ruling or the nominee, which usually fall along partisan lines and
sometimes are based on misleading premises that ignore the Courts special, nonpolitical responsibilities.
The Framers of the Constitution designed a uniquely independent Supreme Court that would safeguard
the Constitution. They feared that the political branches might be able to overwhelm the Court by turning
the public against the Court and that the Constitutions strict boundaries on congressional power would
give way. As evidenced in the health care cases, politicians across the ideological spectrum have
played into some of the Framers fears for the Constitution by politicizing the decision and erasing
the distinction between the Courts holding and the policy merits of the heath care law.
Paradoxically, many of the elected officials who proudly campaign under the battle cry of saving our
Constitution endanger the Court and the Constitution with their bombast. Politicization of the Supreme
Court causes the American public to lose faith in the Court, and when public confidence in the
Court is low, the political branches are well positioned to disrupt the constitutional balance of
power between the judiciary and the political branches.
Judges lack clear defenses. Judges would risk their credibility if they shouted back at the President,
appeared on the Sunday morning talk shows, or held a press conference after a decision. Unlike
More than any other public agency, Congress tends to be the focal point for public reaction to judicial
policies. As a political body, Congress cannot ignore any sizable or prominent groups of constituents.
Some groups become especially agitated when they are unhappy with some judicial decision or
doctrine, and they make their dissatisfaction known to members of Congress. If the pressure is great
enough and is not counterbalanced by pressure from groups that support the judicial policy, Congress
will, if feasible, take action. At the very least, numerous members of Congress will score political points
by showing righteous indignation on behalf of the disaffected groups.
In this study we focus on the United States Supreme Court as a bellwether of systemic attention to policy
issues. In Federalist 78, Hamilton offered his by now famous and often repeated opinion that the Court
would be "the least dangerous branch." Without the power of the sword or purse at its disposal, the
Court's authority in American politics would ultimately depend on its ability to persuade. The Supreme
Court, however, may be more effective in drawing attention to issues and identifying problems than
in changing preferences about them (cf. Franklin and Kosaki 1989; Hoekstra 1995). The judicial venue
may increase issue visibility and legitimacy for issue advocates. As with other United States political
institutions, Supreme Court decisions confer and remove benefits, both material and symbolic, and
can under some circumstances rearrange the distribution of political influence. When decisions
At least according to Gallup, which reported recently that Americans' confidence in all three branches
of the US government has fallen, reaching record lows for the Supreme Court (30 percent) and
Congress (7 percent), and a six-year low for the presidency (29 percent). The presidency had the largest
drop of the three branches this year, down seven percentage points from its previous rating of 36 percent.
Since June 2013, confidence has fallen seven points for the presidency, four points for the Supreme
Court, and three points for Congress, Gallup reported, based on a poll taken in early June. Confidence
in each of the three branches of government had already fallen from 2012 to 2013.
Why this lack of confidence in government?
Congressional gridlock with no sign of compromise as leaders and would-be leaders talk past one
another, seeming to place debating points above legislative accomplishment.
A Supreme Court that seems perpetually divided along a conservative/liberal axis, as it was this
past week on cases related to birth control.
In the United States, state and local climate change policies are creating momentum for political
change. These political efforts, however, are dispersed and varied, making it difficult to bring about
rapid federal responses. One traditional avenue for directly engaging the United States federal
government in areas of environmental protection where attention lags is through the judiciary.
Judicial actions can be directly addressed or appealed to the federal courts. Judicial challenges provide a
mechanism for forcing an issue directly onto the political agenda that otherwise might remain off
the federal radar indefinitely.135
Increasingly, litigation is seen as an avenue for change in the context of climate change policy. 136
More than a dozen lawsuits related to global climate change "currently sit on the dockets of our federal
and state courts.' 37 In the sections that follow, this Article reviews several specific cases-among
many-where petitioners are using the judiciary in new and creative ways to require public and
private individuals to respond to climate change.
At other times, the justices might well act on their own constitutional understandings even when
those understandings are not shared by political leaders or when their expression is not desired. The
political logic for such instances of unfriendly and unwelcome judicial review will have to be rather
different from those described here. If the obstruction is relatively minor, as when the Court struck
down Theodore Roosevelt's Employers' Liability Act as being drafted too broadly while indicating that
the law's aims were constitution- ally legitimate, then the Court's accumulated political capital might
encourage leaders to simply yield to or work around the Court's rules (Employers' Liability Cases 1907;
Pickerill 2004). If the obstruction is more serious, as when the Hughes Court blocked major components of the New Deal or when the early Warren Court extended the constitutional protections of
suspected Communists, then the political reaction might be more severe and the strength of the
Court's diffuse support might be tested. Not all episodes of judicial review take the collaborative form
described here. The possibility of friendly judicial review, however, gives political leaders reason not only
to tolerate the Court when it behaves in politically difficult ways but also to actively support the Court
and help build a reservoir of public goodwill when it behaves in politically useful ways (Whittington
Forthcoming).
Link Boosters
President Obama signaled his intention to make a clean break from the unpopular Bush presidency
with his executive orders and early policy and budget proposals. At the same time, he also sought to tamp
down public expectations for quick results on the economy. Early--and ambitious--actions were taken, but
as he cautioned in his inaugural address, "the challenges we face are real" and they "will not be met easily
or in a short span of time." His initial political capital seemed high.
But was the right course of action chosen? The decision was made to embrace a broad range of
policy reforms, not just to focus on the economy. Moreover, it was a controversial agenda. His early
efforts to gain bipartisan support in Congress--much like those of his predecessors--seem largely for
naught and forced the administration to rely on narrow partisan majorities. The question that
remains is whether his political capital, both in Congress and with the public, will bring him
legislative--and ultimately policy--success. Good transition planning is propitious, but it offers no
guarantees. Still, without it, political and policy disaster likely awaits. So far, President Obama seems to
reside largely on the positive side of the equation. But what the future might portend remains
another matter.
"A presidential speech, instead of boosting support, is followed by a seven-point drop and suddenly
the atmosphere changes," said Thomas Mann, a scholar at the Brookings Institution who follows
Congress. "Republicans, who have been reluctant to get off the reservation, now say, 'Wait just one
minute.' And Democrats have all the more reason to be unified." Ross K. Baker, a political scientist
at Rutgers University, agreed. "Any sign of weakness out of the White House is going to be
perceived by the president's allies in Congress as an opportunity to act a little bit more like free
spirits, and on the part of the opposition to be more aggressive," Professor Baker said. "It's the
blood-in-the-water syndrome."
AT Plan Popular
Only a risk of a link Theres always opposition to be overcome
Rosati, University of South Carolina Government and International Studies
professor, 4
(Jerel A., THE POLITICS OF UNITED STATES FOREIGN POLICY, 2004, p. 388)
The fragmentation of public ideological and foreign policy beliefs gives a president great opportunities
but also creates great risks. Unlike those in the 1950s, presidents now are no longer driven to pursue only
an anticommunist containment policy. Yet it is unclear how far a president may go in pursuing any policy
before losing public support. Presidents no longer come to office with automatic majorities behind their
policies. No matter what the president and his advisers believe, a substantial number of Americans in
the mass public and especially the elite public disagree, or are open to disagreement, with presidential
policy. Hence, the continual presidential search for, and frustration in obtaining, consensus and policy
legitimation.
The most pertinent bill in Congress is the one Obama name-checked in his speech: an infrastructure-bank
proposal sponsored by Democratic Sen. John Kerry of Massachusetts and Republican Sen. Kay Bailey
Hutchison of Texas. It's designed specifically to try to win bipartisan backing: the bank's initial funding
would be only $10 billion; it would have to become self-sufficient within a few years; it would be
overseen by an independent board; there's even a provision for making sure rural projects don't get
shafted. The public-private nature of the proposal is key, says Congresswoman Rosa DeLauro of
Connecticut, lead sponsor of a companion House bill. "If we can really bring clarity to that," she says,
"we have a shot."
Hutchison, who got interested in infrastructure when George H.W. Bush appointed her to a commission,
says she thinks the bill could appeal to Republicans, but she hasn't spent much time talking it up to
her colleagues. "It's a kind of complicated and in-the-weeds type of legislation, so I have not tried to
get a big sponsorship," she says. Kerry holds on to optimism. "The idea is so powerful and such common
sense that my hope is that the better angels will prevail for the good of the country," he says. A member of
the recently formed "supercommittee" tasked with meeting the spending numbers agreed to in the debtceiling deal, Kerry says that the panel has a broad-enough mandate that his bill could be included in any
deficit-cutting agreement.
But that's an awfully tall order. Janet Kavinoky of the U.S. Chamber of Commerce says the chamber
endorsed the Kerry-Hutchison plan and has backed the infrastructure-bank idea since 1982. Trying to get
Republicans on board, she says, has been daunting. "We've got several who say, 'We believe you, and
we'd like to do this,' but getting people to say publicly that they want to make infrastructure an exception
is a real challenge."
This is all the more maddening because support for such investments among the general public is
broad and deep and crosses ideological boundaries, notes Nicholas Turner, who heads transportation
initiatives for the Rockefeller Foundation. "The bipartisan support was stunning," Turner says. In a poll
the foundation commissioned in February, even 59 percent of Tea Party supporters considered
infrastructure investment to be vital. But as long as Barack Obama is for it, the Tea Partiers in
Washington will fight it.
AT No Blame
Zero sum nature of politics ensures president is assigned political blame
Fitts, Professor of Law at the University of Pennsylvania Law School, 96
(Michael, The Paradox of Power in the Modern State, University of Pennsylvania Law Review, January,
144 U. Pa. L. Rev. 827, Lexis, accessed 7-8-09, AB)
To the extent that the modern president is subject to heightened visibility about what he says and
does and is led to make increasingly specific statements about who should win and who should lose
on an issue, his ability to mediate conflict and control the agenda can be undermined. The modern
president is supposed to have a position on such matters as affirmative action, the war in Bosnia, the
baseball strike, and the newest EPA regulations, the list is infinite. Perhaps in response to these pressures,
each modern president has made more speeches and taken more positions than his predecessors, with Bill
Clinton giving three times as many speeches as Reagan during the same period. In such circumstances,
the president is far less able to exercise agenda control, refuse to take symbolic stands, or take
inconsistent positions. The well-documented tendency of the press to emphasize the strategic
implications of politics exacerbates this process by turning issues into zero-sum games.
Presidency is the focal point of politics president gets the credit or the blame
Rosati, University of South Carolina Government and International Studies
professor, 4
(Jerel A., THE POLITICS OF UNITED STATES FOREIGN POLICY, 2004, p. 80)
Given the popular image of presidential power, presidents receive credit when things are perceived
as going well and are blamed when things go badly. Unfortunately, American politics and the policy
process are incredibly complex and beyond considerable presidential control. With so many complex
issues and problems to address the debt problem, the economy, energy, welfare, education, the
environment, foreign policy this is a very demanding time to be president. As long as presidential
promises and public expectations remain high, the presidents job becomes virtually an impossible
task. Should success occur, given the lack of presidential power, it is probably not by the presidents own
design. Nonetheless, the president the person perceived to be the leader of the country will be
rewarded in terms of public prestige, greater power, and reelection (for him or his successor). However, if
the president is perceived as unsuccessful a failure this results not only in a weakened president
but one the public wants replaced, creating the opportunity to challenge an incumbent president or
his heir as presidential nominee.
The third pattern to consider is that Congress is the ultimate political body within the U.S.
government. Members of Congress are political animals who are preoccupied with their
institutional status and power, their electoral security, and how they are perceived within and
beyond the Washington beltway. They tend to be obsessed with reelection and are constantly
soliciting funds from private contributors for reelection campaigns. A preoccupation with reelection
also makes them overly sensitive to public perceptions, political support, political trends, and their
public images. If the public and their constituents are interested in an issue and have staked out a
position, members of Congress tend to reflect the dominant public mood. If the public is uninterested,
members of Congress have more freedom of action; yet they are constantly pressured by the president,
executive agencies, congressional colleagues, special interest groups, and their constituents.
AT Aff Tricks
This new generation of attack titles is ratcheting up the gamesmanship among lawmakers in both
parties who are vying to make their bills stand out from the thousands introduced every year. Some
recent examples:
The Reducing Barack Obama's Unsustainable Deficit Act (it died in the last session); the Big Oil Welfare
Repeal Act (it has languished in committee); and the Reversing President Obama's Offshore Moratorium
Act (it passed the Republican-run House, but even if approved by the Democratic-controlled Senate is
unlikely to get you-know-who's signature).
Lawmakers have long used catchy names and acronyms for bills. Controversy over Bruce
Springsteen concert ticket sales two years ago prompted the BOSS Act for Better Oversight of
Secondary Sales and Accountability in Concert Ticketing. But now, the titles increasingly hammer
home a political point of view.
"The fact is that everything on Capitol Hill has become incredibly polarized along partisan lines,
and members of each side of the aisle try to take advantage of anything they can get their hands on
to outflank their opponents," said Julian Zelizer, a congressional historian at Princeton University. "So
it's logical that eventually even the name of bills would be another mechanism to stick it to the other
party."
The titles can be real mouthfuls, like the Regulations from the Executive in Need of Scrutiny, or REINS,
Act, a Republican-sponsored bill to limit the executive branch's regulatory authority. Then there's the
Democratic-written Repealing Ineffective and Incomplete Abstinence-Only Program Funding Act.
Neither has made it to a vote.
The trend toward partisan names would seem counterproductive because bills typically stand a
better chance of passing if they attract bipartisan support.
The practice of congressional bill naming has reached eccentric, 1 oftentimes whimsical,
proportions.2 Recent observers have noted that short titles have gone overboard 3 and some are
laugh out loud funny,4 while others have grown so frustrated as to propose a constitutional
amendment banning bill title acronyms (even if tongue in cheek).5 Even the policy-wonkish Washington
D.C. periodical The Hill noted6 that among the most important issues facing immigration reform was
going to be how the proposal was named, a statement unlikely to have been uttered when many current
lawmakers began their careers. Yet the naming of legislation has implications not only for the
legislative process7 but also for the courts: If laws are ambiguous, short titles (along with purposes,
findings, and headings), may be used as a guide to meaning when interpreting statutes. 8 This
principle was fine when statutory titles were descriptive, technical accounts of a statutes contents.
Such is no longer the case.9 Contemporary titles are often capriciously worded, employing a range
of colorful language that may or may not relate to a laws substance. 10 Thus, in order to ensure
accuracy for all those who encounter bill names (e.g. legislators, judges, the general public, etc.), the
time has come to introduce one or more congressional bill naming authorities
Internal Links
Political Capital
In the following we employ the omnibus concept of presidential political capital to capture this
conception of presidents positive power as persuasive bargaining. 1 Specifi- cally, we define presidents
political capital as the class of tactics White House officials employ to induce changes in
lawmakers behavior. 2 Importantly, this conception of presi- dents positive power as persuasive
bargaining not only meshes with previous scholarship on lobbying (see, e.g., Austen-Smith and
Wright (1994), Groseclose and Snyder (1996), Krehbiel (1998: ch. 7), and Snyder (1991)), but also
presidential practice. 3 For exam- ple, Goodwin recounts how President Lyndon Johnson routinely
allocated rewards to cooperative members : The rewards themselves (and the withholding of
rewards) ... might be something as unobtrusive as receiving an invitation to join the President in a
walk around the White House grounds, knowing that pictures of the event would be sent to hometown
newspapers ... [or something as pointed as] public works projects, military bases, educational research
grants, poverty projects, appointments of local men to national commissions, the granting of pardons, and
more. (Goodwin, 1991: 237)
One of the "realities" that Obama has to face is that American politics is not a winner-take-all
system. It is pluralistic vertically and horizontally, and getting anything done politically, even when
the President and the Congress are controlled by the same party, requires groups to negotiate,
bargain and engage in serious horse trading. No one takes orders from the President who can only
use moral or political suasion and promises of future support for policies or projects. The system
was in fact deliberately engineered to prevent overbearing majorities from conspiring to tyrannise
minorities. The system is not only institutionally diverse and plural, but socially and geographically so.
As James Madison put it in Federalist No 10, one of the foundation documents of republicanism in
America, basic institutions check other basic institutions, classes and interests check other classes
and interests, and regions do the same. All are grounded in their own power bases which they use to
fend off challengers. The coalitions change from issue to issue, and there is no such thing as party
discipline which translated, means you do what I the leader say you do.
In chapter 2, I will consider just how capital affects the basic parameters of the domestic agenda. Though
the internal resources are important contributors to timing and size, capital remains the cirtical factor.
That conclusion will become essential in understanding the domestic agenda. Whatever the Presidents
personal expertise, character, or skills, capital is the most important resource. In the past,
presidential scholars have focused on individual factors in discussing White House decisions, personality
being the dominant factor. Yet, given low levels in presidential capital, even the most positive and
most active executive could make little impact. A president can be skilled, charming, charismatic, a
veritable legislative wizard, but if he does not have the basic congressional strength, his domestic
agenda will be severely restricted capital affects both the number and the content of the
When a president operates with sky-high approval and a reputation as a winner no matter what the odds,
he has immense leverage with Members of Congress who fear his wrath and assume he will prevail.
When he stumbles, the assumptions change, and the ability to exercise power attenuates.
Congress as an institution depends upon the willingness of its members to compromise to produce
legislation (Elving 1995). The lawmaking process is protracted and complicated with dozens of
opportuni- ties for unsatisfied legislators to kill legislation, including simple inaction by committee chairs
or party leaders. With more than five hundred individu- als divided into two legislative bodies, little can
be accomplished without building majority coalitions through bargaining and compromise.
Presidents, however, are only one among several cues that legislators use to decide how to vote (Kingdon
1981), with much coalition building taking place independent of presidential involvement (Arnold 1990).
Moreover, presidents must overcome several obstacles unique to their office when attempting to build
congressional coalitions (Edwards 2000). These include, but are not limited to, the president's limited
tenure in office as well as a different electoral clock and constituency than members of Congress. Each of
these provides different incentives for presi- dents and legislators to bargain, compromise, and
ultimately agree on legislative language. The hierarchical nature of the executive, in contrast to the
more decentralized legislature, also exacerbates presidential responsibility and accountability while
obscuring that of Congress. Given the difficulty of the lawmaking process itself and the unique
obstacles facing the president in building congressional coalitions, presidents will likely be forced to
make concessions on most bills they support, as they bargain with legisla- tors to secure their passage.
Therefore, we hypothesize that presidents will need to compromise on the substance of legislation
before they sign most bills into law.
The President has a limited capability to pass his agenda. Passing items like the plan
take away from his ability to pass other legislation
Feehery, former House Speaker Hastert staffer and Feehery Group president, 9
(John, Feehery Group is a Washington-based advocacy firm, 7-21-9, CNN, Commentary: Obama enters
'The Matrix' www.cnn.com/2009/POLITICS/07/21/feehery.obama.matrix/index.html, accessed 7-16-10)
And, indeed, the Congress has its own rules that make quick legislative action, no matter
how popular with the American people, hard to achieve. The Obama agenda is
breathtaking in its scope and eye-popping in its cost. He seeks to completely recast the health
care, energy, financial services and automobile sectors of this country, as he seeks to make the
tax code more progressive, retirement programs more sustainable, and the immigration system
more welcoming to immigrants. And he also wants to stimulate the economy and get us out of
what some people are calling the "Great Recession." But can it all get done, and in a form that
makes his political base happy? The president insists that he can get this all done, and his
chief of staff, Rahm Emanuel, has implied that the financial crisis has actually given the White
House more momentum to get it all done. But history tells a different story. Congress has its
own code, and cracking that code usually means taking into account five different factors. These
five factors are: Money: It may seem trite, but the biggest factor in determining the size and
scope of a legislative agenda is how much money -- and more importantly, the perception of how
much money -- is available for the government to use. Bill Clinton's legislative agenda was
necessarily limited because his budget constraints made it difficult to spend money on big things.
George Bush, who inherited a fairly large budget surplus, had money to burn, which allowed him
to pass a prescription drug benefit. President Obama has no money, which means that if he wants
to pass a big new entitlement like a health care public option, he will have to make the Congress
take the painful step of raising a lot of taxes. Time: The legislative calendar is simply not that
long. A new administration has a little less than a year to pass its big-ticket items, mostly
because it is very hard to get major initiatives done in an election year. Take away the three
months it takes to hire key staff, a couple of months for the various congressional recesses, and
you have about six months to really legislate. Since Congress is supposed to use some time to
pass its annual spending bills (there are 12 that need to be passed each year, not counting
supplemental spending bills), time for big initiatives is actually very limited. Each day the
president takes time to travel overseas or to throw out the first pitch at an All Star game, he is
taking time away from making contacts with legislators whose support is crucial for the
president's agenda. Time is not a limitless resource on Capitol Hill. Political capital: A
president enters office with the highest popularity ratings he will ever get (barring a war or
some other calamity that brings the country together), which is why most presidents try to pass
as much as possible as early as possible in their administrations. The most famous example
of that was Franklin Roosevelt's Hundred Days. But there are other examples. Ronald
Reagan moved his agenda very early in his administration, George Bush passed his tax
proposals and the No Child Left Behind law very early in his White House. They understood
the principle that it is important to strike while the iron is hot. President Bush famously
misunderstood this principle when he said that he was going to use the "political capital" gained
in his re-election to pass Social Security reform. What he failed to understand was that as soon as
he won re-election, he was a lame duck in the eyes of the Congress, and he had no political
capital. President Obama believes he has a lot of political capital, and perhaps he does. But
each day he is in office, his political capital reserve is declining. And each time he goes to the
well to pass things like "cap and trade" makes it more difficult for him to pass his more
important priorities like health care. Focus: Congress can walk and chew gum at the same
time. But focus is essential to achieving results. Presidential focus quite often moves off the
domestic agenda and into the wider world of diplomacy. But that can spell greater political
danger for a president and his party. George H.W. Bush spent most of his presidency
winning a war against Iraq and successfully concluded the Cold War conflict with the
Soviet Union. But neither of those foreign policy successes helped him win re-election. His
son, George W. Bush, understood that he had to keep a tight focus on the economy and one big
domestic policy item (education), and while the war on terror did end up dominating his
presidency, Bush never forgot to focus on his domestic achievements. The biggest danger to
President Obama is not just foreign entanglements, it is also competing domestic priorities that
threaten to undermine his ability to get big things done. For example, the House vote on cap and
trade has made it very hard for conservative and moderate Democrats to join with Speaker
Nancy Pelosi on a more important health care bill.
Thus, presidents may seek authorization in the hope of securing immediate benefits in terms of
increased public support. Such support may be particularly likely to emerge if the authorization
succeeds. However, the most important advantages of a congressional authorization-even of a failed
authorization vote-may materialize months afterward as a military venture unfolds. A wealth of
scholarship has emphasized Congresss failure in all but the rarest of cases to use the power of the
purse, the WPR, or any other measure at its disposal to legislatively compel a president to abandon
his preferred military policy course (Fisher 1995; Rudalevige 2005; Schlesinger 1973). However, this
does not mean that Congress has remained silent when confronted with military policies with which
it disagrees. Rather, on a wide range of military actions from major wars in Korea, Vietnam, and
Iraq, to smaller interventions in Lebanon, Somalia, Haiti, and Bosnia, members of Congress have
introduced legislation to constrain the commander in chief, investigated presidential policies, and
denounced the administrations handling of foreign policy before the television cameras. Recent
research suggests that through such actions, even though they do not have the force of law,
Congress has exerted significant influence on the duration of major military actions in the postWorld War II era (Kriner 2010).
Congressional criticism in each of these venues is politically costly. It can precipitate both real and
anticipated shifts in public opinion (Baum and Groeling 2010; Berinsky 2009; Howell and Pevehouse
2007), and it can force presidents to expend political capital in foreign policy that will then be
unavailable for other initiatives (Neustadt 1990). Moreover, congressional criticism sends signals of
American disunity to our adversaries, which can also affect the military costs that must be paid to
achieve the administrations objectives (e.g., Auerswald 2000; Schultz 2001). As a result, presidents
facing legislative challenges or even just intense public criticism of their military policies on Capitol
Hill may conclude that staying the course militarily is no longer worth the heightened costs and will
therefore adjust their policy course accordingly.
Despite Congresss historically low approval ratings, the vast majority of Americans still express a
desire for the legislature to authorize the use of force before it commences. For example, an NBC
News poll conducted on the eve of President Obamas surprise announcement asked Do you think
that President Obama should or should not be required to receive approval from Congress before
taking military action in Syria? Almost 80% of Americans said yes.6 Similarly in September 2002,
only one year removed from the 9/11 terrorist attacks, almost two-thirds of Americans agreed that
President George W. Bush should have to get the approval of Congress before taking military
action against Iraq.7
Thus, it is at least conceivable that even simply seeking congressional authorization might pay
political dividends for the president in terms of rallying a skeptical American public behind another
military intervention in the Middle East. However, it is important to remember that presidents do not
make such highly public overtures and appeals in a vacuum (e.g., Jacobs and Shapiro 2000). Rather, the
efficacy of any sort of presidential public appeal is likely to be contingent on the response of other
political actors (e.g., Berinsky 2009; Brody and Shapiro 1989; Zaller 1992). As such, the ultimate effect
of Obamas decision to seek congressional authorization on public opinion may well depend on how that
gambit was received on the other end of Pennsylvania Avenue.
If congressional criticism during the course of a military venture is costly, then presidents have
strong incentives to do everything possible to minimize such criticism. Seeking congressional
authorization for the use of force may be one particularly powerful way of doing so. Even failed
authorizations may pay political dividends if those members who vote for the authorization find it
more difficult to criticize the presidents conduct of a war as the conflict unfolds. Both the 2004
general election and 2008 Democratic primaries provide suggestive evidence of such a dynamic.
John Kerry famously voted for the $87 billion supplemental Iraq War appropriation before he voted
against it, and he was constantly dogged by allegations of flip-flopping on the war. Similarly, Hillary
Clinton and John Edwards had trouble gaining traction with the antiwar left in 2008, both hampered by
their 2002 Senate votes to authorize the use of force against Iraq.
But are these examples emblematic of a larger pattern? As an initial inquiry, I first model legislators vote
choices on two initiatives to curtail the use of force in Iraq. The first roll call was on an amendment to
H.R. 1815 offered by Lynn Woolsey (D-CA) in 2005 calling on the Bush administration to develop a plan
for withdrawing American forces from Iraq. The second, potentially more serious initiative launched
under the newly minted and democratically controlled 11oth Congress was H.R. 2237, a bill sponsored by
Jim McGovern (D-MA) that would compel the president to with- draw American troops from Iraq
expeditiously. The key independent variable in the logistic regressions is whether or not each member had
previously voted to authorize the war in Iraq in 2002.16 To examine whether any effect for a previous
vote to authorize the Iraq War is limited only to Democratic members, we also include an
interaction between the previous authorization vote measure and a dummy variable indicating
whether or not each member is a Republican. The models also include a full range of control
variables drawn from Kriner and Shen (2014). Specifically, the models control for each members
partisanship, whether he or she was a party leader, each members number of foreign policy
committee memberships, gender, race, and the number of Iraq War casualties sustained within 30
miles of his or her constituency. Table 2 presents the results.
The data is strongly consistent with the hypothesis that a prior vote to authorize the use of force
diminishes a members willingness to vote against that war at a later date, even when the very
premise upon which the war was launched proved to be false. In both models, the coefficient for the
previous authorization variable is negative and statistically significant. In the 2005 roll call, the
coefficient for the previous authorization * Repub- lican interaction is small and statistically
insignificant. This shows that members of both parties who voted to authorize the war in 2002 were
significantly less likely to vote to curtail it in 2005 than were those who did not. In the 2007 vote on
the McGovern bill, all 130 Republicans who had voted to authorize the Iraq War in 2002 voted
In the 20th century, the Great Depression helped propel the presidency to its current level of
dominance. The administrative agencies that were created during Franklin Delano Roosevelts New
Deal were a response to the tremendous complexity and growth of the national economy. An
overwhelmingly Democratic Congress went along with the Roosevelt administration, giving the
agencies broad discretion in regulating the economy and addressing workers welfare. Over time, as
the agencies expanded to administer health and safety regulations, Congress realized that it was
more convenient to pass the buck to agencies than to deal with hard policy questions on its own. A
congressman could take credit for an agencys action when it was convenient and blame the
agencies when they adopted policies that his constituents disliked. It is now taken for granted that
the president is in charge of the vast administrative apparatus that makes most of the important
domestic-policy decisions in the country.
Returning to our model and its implications, we see a prerequisite to presidential influence is the
president's willingness and ability to spend political capital lobbying lawmakers. When a president
either chooses not to get involved (A = 0) or lacks political capital to spend (B = 0), the pivotal senator
will propose and pass her preferred bill. In such circumstances, the chamber's preference distribution
does not matter; the president will have no influence.
In other circumstances--ones commonplace since Franklin D. Roosevelt entered the Oval Office--the
president not only seeks to exert influence on Capitol Hill, but also wields some political capital to
invest to that end. We now turn to these cases and in doing so uncover how presidents' influence turns
on more than his supply of political capital and the location of the pivotal voter; it also depends on the
level ideological polarization. Let us explain.
Political capital increases lobbying power and the odds for passage studies prove
Beckmann, UC-Irvine political science professor, & Kumar, Indian Institute of
Technology economics professor, 11
[Matthew N., & Vimal, Presidential Studies Quarterly, 41: 488-503, September 2011, Opportunism in
Polarization: Presidential Success in Senate Key Votes, 1953-2008, p. 492, Wiley, accessed: 7/8/13, ML]
Below we illustrate this general finding for three archetype distributions--one unimodal, one uniform, and
one bimodal--as shown in Figure 2 and defined in Appendix A. Note that, although these three archetype
distributions vary substantially in terms of polarization, from low (unimodal) to moderate (uniform) to
high (bimodal), they all have the same median voter, which allows us to isolate the impact of ideological
polarization per se, independent of the pivotal voter's preference. Put differently, comparing presidents'
influence across these three distributions reveals how polarization (or lack thereof) affects
presidents' legislative influence (or lack thereof), all else equal.
Figure 3 displays the president's influence on the policy outcome given these different levels of
congressional polarization, assuming the president's goal is to achieve an outcome as far to the right
as possible (toward 1/2). Perhaps the most obvious result is that presidents endowed with political
capital and executing a vote-centered strategy can always improve their prospects for success by
lobbying. Across all three distributions, even modest supplies of political capital permit the
Political capital theory true leverage is used to curb public support in favor of the
President, and to assert policies
Ponder, Drury Universitys Political Science Professor, 12
(Daniel E., June 2012, Presidential Studies Quarterly, Presidential Leverage and the Politics of Policy
Formulation, 42, no. 2, p. 304-5, YGS)
The point is not that political capital is a meaningless term. Often it is a synonym for mandate
or momentum in the aftermath of a decisive electionand just about every politician ever elected
has tried to claim more of a mandate than he actually has. Certainly, Obama can say that because he
was elected and Romney wasnt, he has a better claim on the countrys mood and direction. Many
pundits still defend political capital as a useful metaphor at least. Its an unquantifiable but
meaningful concept, says Norman Ornstein of the American Enterprise Institute. You cant really look
at a president and say hes got 37 ounces of political capital. But the fact is, its a concept that matters, if
you have popularity and some momentum on your side.
5. Obama gets the blame for all legislation he signs it and puts it into action
that means he only has a finite amount of capital that he can spend pushing
legislation people wont cooperate over controversial issues when the
president is unpopular
6. Hirsh assumes that legislators are cemented in their views if they look at
something in isolation- thats false. There is a large contingent that can be
persuaded if Obama influential enough on the Hill. This is proven by
Republican Senators who have crossed party lines, like Susan Collins from
Maine, or Mark Kirk from Illinois
7. He also cites LBJ, Bush, Obama, Lincoln, and FDR as examples but all of
them prove that political capital theory is true- all of them used time and
resources and their credibility to try to persuade members of Congress and
the public on controversial issues and had a limited amount of it to spend. All
of these presidents had successes and failures due to political capital or the
lack of political capital.
8. The atmosphere cant change that much in a few weeks like Hirsh says if
the president has to lobby and irritates key politicians, nothing would change
so drastically in a few weeks It would take years
9. Polarization means PC works ideology has never been the sole reason
Obama has been unable to pass legislation Obama can use PC on the pivotal
voters who care about the substance of the bill to get it passed empirically
true.
10. There is no alternative even their authors concede that passivity is worse
than persuasion because it is perceived as weak. That means persuasion is the
best way of pushing legislation.
11.
Here we propose a theory that casts some early rays of light onto the policy consequences of polarization
in Congress. Building from a simple theoretical model in which the president seeks to promote his
preferred policies in the Senate (see Snyder, 1991; Groseclose, 1996), we assess differences in the
chambers preference distribution from normal to unanimous to bimodal as well as the political
capital at the presidents disposal.2 Results show that absent the president, ideological polarization
makes amassing the votes needed to beat the status quo difficult, so gridlock frequently prevails. The
same is true when the president lacks political capital to spend. However, when endowed with
abundant capital, facing a polarized legislature enables presidents to pass policies closer to their
ideal than would have been possible in an assembly characterized by greater ideological
homogeneity. Hence the familiar prediction of blanket gridlock is overblown . Instead, comparative
statics show that the consequences of ideological polarization in Congress are conditional: they
depend on the nature of the preference distribution, the involvement of the president, and the
political capi- tal at his disposal.
Nevertheless, this is a new congressional session, and Boren's pessimism might possibly be proved
wrong. For the first time in a decade, if not longer, conditions are aligned for bipartisan deal-making,
raising hopes that Congress might actually do something and satisfy the wishes of millions of
Americans hungry for action. "I am pleased with the signs I see in Congress today to try to make
deals," said Lee Hamilton, who was a veteran Democratic House member from Indiana. "There are
threads of it -- it's not a fabric yet -- but there are threads, and that's encouraging."
In today's context, defining success is important -- and requires a healthy dose of both skepticism and
pragmatism. There's little hope that this Congress can reverse the -- exacerbated by, among other things,
powerful special interests and partisan media -- that has gripped Washington. The forces that drove Rep.
Boren out of Congress remain potent, and the legislative atmosphere on Capitol Hill is still toxic.
Political capital is specifically true in close cases - publicizing the issues and
polarization makes it work
Beckmann, UC-Irvine political science professor, & Kumar, Indian Institute of
Technology economics professor, 11
[Matthew N., & Vimal, Presidential Studies Quarterly, 41: 488-503, September 2011, Opportunism in
Polarization: Presidential Success in Senate Key Votes, 1953-2008, p. 498-9, Wiley, accessed: 7/8/13,
ML]
The final important piece in our theoretical model--presidents' political capital--also finds support in
these analyses, though the results here are less reliable. Presidents operating under the specter of
strong economy and high approval ratings get an important, albeit moderate, increase in their
chances for prevailing on "key" Senate roll-call votes (b = .10, se = .06, p < .10). Figure 4 displays the
substantive implications of these results in the context of polarization, showing that going from the lower
third of political capital to the upper third increases presidents' chances for success by 8 percentage points
(in a setting like 2008). Thus, political capital's impact does provide an important boost to presidents'
success on Capitol Hill, but it is certainly not potent enough to overcome basic congressional realities.
Political capital is just strong enough to put a presidential thumb on the congressional scales, which
often will not matter, but can in close cases.
Lastly, two of the control variables are particularly noteworthy. The first is the president's public
declaration of his preferred outcome (b = .64, se = .26, p < .05), which shows that presidents fare far
better on publicized positions--24 points better, holding all else at its 2008 values. While this
relationship may partly be causal, it is more likely reflects the fact that presidents tend to publicize
popular policies (see Canes-Wrone 2005) and also that public statements are symptomatic of a
broader lobbying campaign (see Beckmann 2010). The other significant control variable is the one
accounting for nonideological polarization changes occurring in Washington over the last 50 years (a
secular trend captured by the natural log of the number of Congresses since the 83rd). Results for this
variable show more recent senators have been more willing to defeat the president on key, contested
roll-call votes, all else equal (b = -0.42, se = 0.13, p < .05). To the extent senators' ideological
polarization has intertwined with the postwar Washington's more politicized environment, it has muted
presidents' ability to exploit centrist senators' increased isolation.
All told, the multiple regression results corroborate the basic model and its principal hypothesis:
ideological polarization around that pivotal voter's position provides presidents with a better
opportunity to win key roll-call votes. This is especially true if the president is backed by high public
approval and buoyed by a strong economy. By contrast, a president confronting a far-off pivotal voter
surrounded by like-minded colleagues has few options for achieving legislative success, regardless of his
political potency.
That Congress has experienced increased polarization is clear, and burgeoning is the
literature investigating its causes and consequences. Here we examine a counterintuitive
wrinkle on the latter. Drawing from a simple game-theoretic model in which a president
strategically allocates scarce political capital to induce changes in legislators votes, we
show congressional polarization can actually improve a presidents prospects for
winning key roll-call votesa hypothesis that emerges inasmuch as polarization enables
presidents to concentrate their resources lobbying fewer members (compared to a more
homogenous chamber). We test this hypothesis by investigating presidents success on
Congressional Quarterlys key Senate roll-call votes, 1953-2008.
That the last half-century has seen increased polarization in Washington is clear.
Holders of most key posts and key votes just a few decades back, conservative
Democrats and liberal Republicans are now few and far between, so much so that one
scribe recently referred to the former as endangered species and the latter as essentially
extinct (Roll Call, October 27, 2005). Replacing these moderates have been resolute
ideologues and loyal partisans (Fleisher and Bond 2004; McCarty, Poole, and Rosenthal 2006;
Poole and Rosenthal 1984; 1997; Sinclair 2006; Theriault 2008). Plainly, Jim Hightowers
aphorism that Theres nothing in the middle of the road but yellow stripes and dead
armadillos remains instructive, and more so with each passing year.
In light of Congresss increasingly polarized character, a burgeoning literature has
sought to uncover the causes and consequences. While a myriad of factors have been
identified as contributing to congressional polarization (Brady and Han 2007; Carson et al.
2007; Fleisher and Bond 2004; Jacobson 2000; Ladewig 2010; McCarty, Poole, and
Rosenthal 2006; Poole and Rosenthal 1997; Sinclair 2006; Stonecash, Brewer, and Mariani
2003; Theriault 2008), the hypothesized effect is comparatively clear: legislative gridlock.
Partisan polarization (via divided government) is thought to engender gridlock by
promoting posturing over compromising (Gilmour 1995; Groseclose and McCarty 2001;
Lee 2009; Sinclair 2006), and ideological polarization is predicted to encourage gridlock
by reducing the range of status quos that can be beat by a coalition preferring something else
(Brady and Volden 1998; Krehbiel 1998).
But, of course, gridlock is not an all-or-nothing proposition. Although polarization
certainly inhibits lawmaking (Barrett et al. 1997; Binder 1999, 2003; Coleman 1999;
Howell et al. 2000; Jones 2001; Kelly 1993), significant laws continue to pass
underunified and divided government, and even in the face of substantial polarization (see
esp. Mayhew 2005). This article considers these exceptions to the general rule.
Specifically, building on Snyder (1991) (see also, Beckmann and McGann 2008; Groseclose
and Snyder 1996) we develop a simple game-theoretic model in which the president
allocates scarce political capital to induce changes in senators votes and, in turn, show
how a polarized chamber, compared to one with more homogenous preferences, can actually
improve a presidents prospects for winning important roll-call votes and passing
preferred legislation. We test this hypothesis against data on presidents success on key
Senate roll-call votes from 1953 to 2008.1
The second category of presidential messages moves away from the electoral logic of mandate rhetoric
and toward the normative ethos of bipartisanship. In this category, rather than grounding an argument in a
perceived mandate, the president makes the case for his policy proposal by highlighting efforts for
having (or having had) the two major parties (and, thus, the two elected institutions) come together
over common bonds despite their political differencesto work on behalf of the public good. The
logic here is quite different, as presidential messages of bipartisanship frequently contain within
them not implicit threats but explicit pleas as well as references to evidence of bipartisan partnership.
Furthermore, with these appeals for unity comes an incentive for congres- sional support: shared
credit. The president who goes bipartisan is also the president who invites members from the other
side of the aisle to Rose Garden bill-signing ceremonies and compliments rather than rebukes partisan
opponents during subsequent State of the Union reflections.
A president who complements his policy proposal messages with bipartisan rheto- ric is not, however,
necessarily a benevolent, nonstrategic actor. As Coleman and Manna (2007, 401) note, arguably
weakening partisan loyalties in the public and an electoral base somewhat independent of fellow
partisans in Congress provide presidents with incentives to portray themselves in their
communications as above the political fray and virtually above or outside the system of partisanship
and elections altogether. Indeed, in their study of presidential partisan rhetoric, Coleman and Manna find
that the relative degree of partisanship (or bipartisanship) in a presidential speech is driven by strategy,
with the strength of a presidential embrace or snub of partisanship determined by the presidents political
situation.6
This conclusion squares with case study work done by Neustadt (1960) and Bonds (2002), whose
analyses of Harry Trumans attempt to sell the Marshall Plan to Congress presents a bipartisan strategy
rooted not in normative considerations, but rather in political pragmatism, in this case due to the political
weaknesses of Trumans successor presidency.7 Indeed, as Neustadt (1960, 54) contends, The plain fact
is that Truman had to play bipartisanship as he did or lose the game. Similarly, in an article that argues
bipartisanship is every bit as political as partisanship, Trubowitz and Mellow (2005, 433) add that
bipartisan rhetoric is also motivated by a presidents strategic desire to court swing voters while
demonstrating political independence.8 Accordingly, we hypothesize the following:
H2: As presidential appeals bipartisanship increase, Presidential success in Congress will increase.
But beyond these basic results is the more intriguing insight: as polarization grows, increasing are the
president's policy returns on lobbying investments. By allowing the president to focus his political
resources on only a handful of swing voters, polarization permits presidents to exert greater influence
than would be possible in a chamber packed with so-called centrists. Consequently, given some level of
political capital, the president exerts the least influence in the nonpolarized (unimodal) legislature and
the greatest influence in the polarized (bimodal) one.4 Again, this illustration just affirms the general
result proved earlier: all else equal, ideological polarization around the pivotal voter improves
presidents' prospects for exerting influence, prevailing on key votes, and securing legislative success.
Ideology not definitively key political capital works and policy preference varies
for each person
Beckmann, UC-Irvine political science professor, & Kumar, Indian Institute of
Technology economics professor, 11
[Matthew N. Beckmann PhD and Associate Professor, Political Science School of Social Sciences at UC
Irvine; and Vimal Kumar, Journal of Theoretical Politics How presidents push, when presidents win: A
model of positive presidential power in US lawmaking,, 23: 3, Ebsco, accessed: 7/8/13, ML]
Obviously, this basic model depicts a more or less non-partisan policymaking pro- cess. This is
because pivotal voters choose which way to vote based on their policy pref erences (rather than
their party affiliations) and because neither presidents nor opposing leaders can be restricted, by
rule, from proposing alternatives. We think this non-partisan approach is instructive for at least
two reasons. First, it is unclear whether, or at least to what extent, cartel theory applies in the Senate.
Second, even in the House, Cox and McCubbins (2005) have shown that the foremost limitation to the
majority partys negative agenda control comes when the president proposes and promotes his
initiatives. As such, we believe our non-partisan model of presidential coalition building affords
insights to both partisan (e.g. Cox and McCubbins (1993, 2005)) and non-partisan (e.g. Brady and
Volden (1998) and Krehbiel (1998)) models of US lawmaking. It helps spec-ify the mechanisms by
which presidents augment the majority partys negative agenda control during unified
government and occasionally roll it during divided government.
We can generalize these ndings to the case where the president needs to target more than one vote, as
would be the case in this example if a super-majority was required. If the president needs n votes to pass
measure o1 and C(o, si is linear, then he will need to pay 2n times the cost of a median senator. In this
case it is not clear that it is cheaper for the president to get his measure passed in the polarized case; it
depends on the number of votes he has to buy. In the polarized case each vote is relatively expensive, so if
the president has to buy many votes, it may be more expensive than in a more homogenous case.
Polarizations advantage to the president, after all, was that it allowed him to concentrate his
resources on the few senators who will have a very signicant effect. Therefore, polarization
generally works to the presidents advantage pro- vided the president is in a situation where
winning over a few voters can signi- cantly change the outcome (i.e. the polarization is distributed
around the pivotal voter). If many members are clustered at the pivot point, any additional
polariza- tion will limit presidential inuence, produce policy stalemate, and reinforce legislative
gridlock. Discussion By all indications, the partisan and ideological polarization that has come to
characterize ofcials in Washington shows no signs of abating. If anything, it appears that the schism
between liberals and conservatives, Democrats and Republicans, will only continue to grow. The simple
but important question that many have asked is, so what? How does polarization affect the policymaking
process and the outcomes that result? While Mayhews initial study proved important laws continue to
prevail even in the face of divided government and polarization, subsequent research has indicated that
partisan and ideological polarization does encourage legislative gridlock, which, in turn, privileges the
status quo. This happens partly by germinating partisanship and posturing over negotiation and
compromise, and partly by leaving ideologically distant pivotal voters unable to nd an alternative they
prefer even when they seek compromise and negotiate sincerely. By contrast, we theorize that
polarizations impact on US lawmaking is conditional. Instead of hypothesizing gridlock
monotonically increases with polari- zation, our model predicts polarizations policymaking impact
depends on three elements: the default preference of the pivotal voter, the extent of polarization
around the pivotal voter, and the presidents willingness (and ability) to spend his capital to win.
Depending on the particular constellation of these factors, predictions range from the familiar one
of gridlock on through to a president who not only avoids stalemate, but actually signs into law bills
that are closer to his preference than we would otherwise expect. Drawing from this model, then, a
more nuanced view of presidential inu- ence emerges. Assuming todays White House ofcials are
eager to promote the presidents legislative agenda, we can now see when those efforts are likely to
pay off namely, when the president enjoys ample political capital and confronts a polarized
legislature (i.e. one where there are few legislators sitting between the pivotal voter and some point
much closer to the president). Con- versely, when the president does not get involved or lacks
political capital when he does, all the conventional wisdom about pivotal voters and gridlock holds.
Also, any president promoting his agenda before a homogenous Senate (say, one characterized by a
The aff is misreading Beckmann and Kumar they both conclude neg heres the
intro to prior to their article
Bond, Texas A&M political science professor and Fleisher, Fordham political science
professor, 11 [Jon and Richard, 9-1-11, Presidential Studies Quarterly, Editors
Introduction, 3, Volume: 41, p. 437-8, HG]
Another recurring theme is the effect of party polarization on presidential congressional relations.
In "Opportunism in Polarization: Presidential Success in Senate Key Votes, 1953-2008," Matthew N.
Beckmann and Vimal Kumar incorporate party polarization into the analysis of political capital.
They challenge the conventional view that party polarization reduces the effectiveness of
presidential bargaining. Testing hypotheses from a parsimonious game-theoretic model, Beckman
and Kumar offer theoretical and empirical evidence that if parties in Congress are polarized, the
allocation of scarce "political capital" can actually improve a president's prospects for winning rollcall votes. The key to understanding this counterintuitive result is that polarization enables presidents to
concentrate scarce resources lobbying fewer members.
Matthew Beckmann of the University of California at Irvine provides an interesting empirical analysis
of presidential leadership in lawmaking for the period from the Eisenhower through the Bush II
administrations. He notes that the key to a president's legislative leadership is strategy, not resolve
(p. 2), and concludes that the greatest source of influence for postwar presidents comes "in the
legislative early game, not the legislative endgame" (p. 2). Presidents who are strategically adept
work to get specific issues on the congressional calendar and, then, maneuver to insure that certain
proposals rise up as alternatives. Beckmann suggests that the best route for constructing winning
coalitions consists of "mobilizing leading allies, determining opponents, and circumventing
endgame floor fights altogether," rather than the typical path of gathering support from "centrist"
lawmakers (p. 2). In the end, he finds "that presidents' legislative influence is real, often substantial, and,
to date, greatly underestimated" (p. 3).
The author's assessment is organized into six chapters. Chapter 1 consists of his introductory overview, as
briefly summarized above. Chapter 2 presents a theory of positive presidential power, focusing on the
Bush II administration's 2001 tax cut efforts in the Senate.
We agree. In fact, our model shows that presidents may intercede at an earlier point in the
policymaking process by executing a second strategy: an agenda-centered strategy. The essence of
this lobbying option is to get opposing leaders to cut a deal with the White House that is better than
the president could get from exclusively lobbying pivotal voters. The core insight is that inasmuch as
concentrating the presidents lobbying on leading opponents (rather than spreading it across an
interval of pivotal voters) induces those leaders to pull their punches, that is, not offer a rival to the
presidents position or at least something close to it, then this president-sponsored deal need only be
viewed as better than the status quo in the pivotal voters eyes (see Romer and Rosenthal (1978)).
Fortunately for those inside the West Wing, some researchers paint a more optimistic picture
regarding presidents potential for passing important planks of their legislative agenda. Covington et
al. (1995), Barrett and Eshbaugh-Soha (2007), Edwards III and Barrett (2000), Kellerman (1984), Light
(1982), Peterson (1990), and Rudalevige (2002) all observe that presidents secure greater support for their
priority items, and when they exert effort pushing them. In addition, Covington (1987) concludes that
White House officials can occasionally win greater support among legislators by working behind
the scenes , while Canes-Wrone (2001, 2005) shows that presidents can induce support from a recalcitrant
Congress by strategically going public when advocating popular proposals (see also Kernell (1993)).
Sullivan (1987, 1988) finds that presidents can amass winning congressional coalitions by changing
members positions as a bill moves through the legislative process.
However, even among these relative optimists, the prescription for presidents appears to be an
ephemeral combination of luck and effort, not a systematic strategy. In discussing the challenge for a
Of course, presidential political capital is a scarce commodity with a floating value. Even a favorably
situated president enjoys only a finite supply of political capital; he can only promise or pressure so
much. What is more, this capital ebbs and flows as realities and/or perceptions change. So, similarly to
Edwards (1989), we believe presidents bargaining resources cannot fundamentally alter legislators
predispositions, but rather operate at the margins of US lawmaking, however important those
margins may be (see also Bond and Fleisher (1990), Peterson (1990), Kingdon (1989), Jones (1994), and
Rudalevige (2002)). Indeed, our aim is to explicate those margins and show how presidents may
systematically influence them.
Figure 2 illustrates the presidents influence on the policy outcome from vote-centered lobbying when the
presidents goal is to get an outcome as close to his ideal p (which we assume equals one for illustrative
purposes). Several points are noteworthy, starting with the simple one that if the president does not have
any political capital, he proposes the pivotal/median voters predisposition, which passes.
By contrast, inasmuch as the president has capital and allocates it rationally to swing voters, he can
now propose (and pass) bills closer to his ideal. This vote-centered lob- bying influence, however,
yields decreasing policy returns for each additional unit of political capital spent, a result that
emerges first because the president must induce more and more pivotal voters to move as he gets
closer and closer to his ideal, and second, because we model legislators as requiring increasing
amounts of political capital for each move away from their ideal policy.
AT No Persuasion (Klein)
1. No internal link the majority of Kleins article is talking about big speeches
like Obamas jobs speech and the State of the Union our internal link is
political capital, not going public
2. Klein admits no alternative passivity more dangerous
Klein, Washington Post columnist, 12
[Ezra, 3-19-12, The New Yorker, The Unpersuaded: Who Listens to a President?,
http://www.newyorker.com/reporting/2012/03/19/120319fa_fact_klein?currentPage=all, accessed 7-8-13,
HG]
After three years in Washington, David Axelrod, who served as the chief strategist for President Obamas
2008 campaign, agrees. Some folks in politics believe this is all just a rhetorical game, but when youre
governing its not, he says. People are viewing their lives through the lens of their own experience, not
waiting for you to describe to them what theyre seeing or feeling. Paul Begala, who helped set the
message in the Clinton White House, puts it more piquantly: The Titanic had an iceberg problem. It did
not have a communications problem. Right now, the President has a jobs problem. If Obama had four-percent unemployment, he would be on Mt. Rushmore already and people would look at Nancy Pelosi like
Lady Gaga.
The question, Begala says, is: What is the alternative to Presidential persuasion? If you dont try it
at all, it guarantees you wont persuade anybody, he says. And, to put it simply, your people in
Congress and in the country will hate you if you dont. Thats the real dilemma for the modern
White House. Aggressive, public leadership is typically ineffective and, during periods of divided
government, can actually make matters worse. But passivity is even more dangerous. In that case,
youre not getting anything done and you look like youre not even trying.
Do presidents really have the power to persuade? Citing the work of political scientists George Edward
and Frances Lee, Ezra Klein writes in the New Yorker this week that they don't. Not much, anyway. When
presidents talk, he argues, all they really do is polarize: instead of persuading, they simply make partisan
divides even starker. So if you didn't have much of an opinion about contraceptive coverage a month ago,
A president cannot, without good reason, alter his policy stance. And even if he has good reason to
change his policy position on an issue, he may have to bear some costs from doing so. The public
and other political elites may view him as waffling, indecisive, weak, uncommitted, and/or
duplicitous. This seems very much to be one of the major charges against Bill Clintons presidency. After
abandoning his campaign promise of a middle-class tax cut because of budget deficit pressures, Clinton
reoffered a tax cut in the wake of the devastating 1994 midterm elections, in which his party lost control
of Congress. From being publicly cool toward the North American Free Trade pact during his presidential
election campaign, he became an ardent promoter of that policy once in the Oval Office. From these, and
many other occasions, Clinton has developed an image of a waffling politician, one who is forever
changing his mind, perennially trying to stake out the most popular position with the public and not
necessarily a president who is able to lead.
Public
But if presidential power thrives by the polls, it might also die by the polls. While popular
presidents tend to get much of what they want and are willing to fight for, unpopular presidents are
trapped and constrained by the polls. As a senior aide to President Carter mused about that president's
problems with Congress controlled by his own party, "When the President is low in public opinion
polls, the members of Congress see little hazard in bucking him...They read the polls and from that
they feel secure in turning their backs on the President with political impunity." Unquestionably,
the success of the Presidents policies bear a tremendous relationship to his popularity in the polls.
Without effective public relations, modern presidents and their programs whither on the vine of
public opinion.
Public attitudes also should influence the presi- dent's bargaining position. Despite evidence to the
contrary (Bond and Fleisher 1990; Collier and Sullivan 1995), presidents, White House staff, and
legislators believe that public approval is important to the president's success in Congress (Edwards
1997; Neustadt 1960; Rivers and Rose 1985). Theoretically, public support will improve the
president's bargain- ing position as members of Congress will not want to risk alienating their
constituents by opposing a popu- lar president's policy preferences. Therefore, we hypothesize that
the higher his level of approval, the more a final statute will reflect the president's policy
preferences.
Public opinion serves as a metric of presidential leadership with respect to presidential approval
ratings. Presidents and their advisors use public opinion not as an absolute guide, but rather for
tactical purposes, and instrumentally, for reaching particular political ends (Jacobs and Shapiro
2000). In general, political analysts conceive of public opinion as a channel or guide for policy
makers, boundaries beyond which they cannot go but which also offer leeway in terms of the exact path
policy makers take. Public opinion serves as a "permissive limit" for policy makers (Almond 1950; Key
1961; Sobel 2001).
Perhaps the greatest challenge to any president is to obtain and maintain the public's support.
Because presidents are rarely in a position to command others to comply with their wishes, they
must rely on persuasion. The necessity of public support leads the White House to employ public
relations techniques similar to those used to publicize products. Much of the energy the White House
devotes to public relations is aimed at increasing the president's public approval. The reason is simple: the
higher the president stands in the polls, the easier it is to persuade others to support presidential
initiatives. Contrary to the conventional wisdom, citizens seem to focus on the president's efforts and
stands on issues rather than on personality ("popularity") or simply how presidential policies affect
them (the "pocketbook"). Job-related personal characteristics of the president, such as integrity and
leadership skills, also play an important role in influencing presidential approval.
Commentators on the presidency often refer to it as a "bully pulpit," implying that presidents
can persuade or even mobilize the public to support their policies if they are skilled enough
communicators. Presidents frequently do attempt to obtain public support for their policies with
speeches over the radio or television or speeches to large groups. All presidents since Truman have
had media advice from experts on such matters as lighting, makeup, stage settings, camera angles, and
even clothing.
Obamas heightened public profile is a reminder of the power of the presidency. Obama knows that
when he holds a press conference, every cable network will carry it live in its entirety and then
spend the remainder of the day poring over every pronouncement.
The bully pulpit matterspresidential mobilization of his own party drives items on
his agenda
Drum, Mother Jones staff, 12
(Kevin, 3/12/12, Mother Jones, Presidents and the Bully Pulpit, http://www.motherjones.com/kevindrum/2012/03/presidents-and-bully-pulpit, Accessed 7/8/13, JC)
More generally, I think it's a mistake to focus narrowly on presidential speeches about specific pieces of
legislation. Maybe those really don't do any good. But presidents do have the ability to rally their own
troops, and that matters. That's largely what Obama has done in the contraception debate.
Presidents also have the ability to set agendas. Nobody was talking about invading Iraq until George
Bush revved up his marketing campaign in 2002, and after that it suddenly seemed like the most
natural thing in the world to a lot of people.
Beyond that, it's too cramped to think of the bully pulpit as just the president, just giving a few
speeches. It's more than that. It's a president mobilizing his party and his supporters and doing it
over the course of years. That's harder to measure, and I can't prove that presidents have as much
influence there as I think they do. But I confess that I think they do. Truman made containment
national policy for 40 years, JFK made the moon program a bipartisan national aspiration, Nixon
made working-class resentment the driving spirit of the Republican Party, Reagan channeled the
rising tide of the Christian right and turned that resentment into the modern-day culture wars, and
George Bush forged a bipartisan consensus that the threat of terrorism justifies nearly any defense.
It's true that in all of these cases presidents were working with public opinion, not against it, but I think
it's also true that different presidents might have shaped different consensuses.
This article asks whether interest groups can affect their members evaluation of the president. Recent
research suggest the growing importance of interest group support to presidents, especially as the parties
have polarized and the media have fragmented, two trends that limit the ability of presidents to generate
support in the public at-large (Cohen 2008, 2010; Holmes 2008). Party polarization reduces the
likelihood that opposition party members will support the president ( Bond and Fleisher 2001;
Jacobson 2007; Newman and Siegle 2010). A fragmented media reduces the size of the audience for
presidential communications, simultaneously forcing the president to compete with other media
voices for the publics attention (Baum and Kernell 1999; Young and Perkins 2005).
As a consequence, presidents have turned to other sources for support, like interest groups. The
literature on presidential-interest groups ties, however, focuses primarily on institutional-level linkages,
for instance, the willingness of interest groups as organizations to support the president, to coordinate
their congressional lobbying efforts with the presidents, etc. (Loomis 2009; Peterson 1992; Pika 1991,
1999, 2009). Although knowledge of the institutional linkages between presidents and interest groups is
scant, even less is known about the factors associated with the ability of the president to generate support
from members of interest groups, or even whether interest group membership is relevant to member
opinions about the president.
Scholars believe that interest groups may influence opinions on issues: Citizens judgments about . .
. issues rely crucially on the descriptions and rhetorical representations of political elites and other
information sources, including the media and interest groups ( Joslyn and Haider-Markel 2002, 690).
Several studies suggest a linkage between group membership and approval of the president.
Type of issue will mediate the effect of group media on members approval of the president. Carmines
and Stimsons (1980) distinction between easy and hard issues provides a good starting place
for understanding how issue characteristics mediate the effect of specialized group media on
members. Carmines and Stimsons conceptualization of an easy versus hard issue refers to the inherent
qualities of the issue. Since their introduction of the concept, studies have offered alternative ways of
distinguishing easy versus hard issues.
To Carmines and Stimson, an easy issue evokes a gut reaction from the voter; little effort or thought is
required to take a stance on it. Easy issues are more likely to be symbolic, have been on the agenda
for a long time, and deal more with policy ends than means (1980, 80). In contrast, hard issues are
more complex and technical than easy ones, debate often centers on policy means and
AT Winners Win
Not a Win
Contentious debate ensures plan is not perceived as a victory
Mann, Brookings Governance Studies senior fellow, 10
[Thomas, Brookings, November, American Politics on the Eve of the Midterm Elections,
http://www.brookings.edu/articles/2010/11_midterm_elections_mann.aspx, accessed 6-20-11]
The well-documented successes of the financial stabilisation and stimulus initiatives are invisible to
a public reacting to the here and now, not to the counterfactual of how much worse it might have
been. The painfully slow recovery from the global financial crisis and Great Recession have led
most Americans to believe these programmes have failed and as a consequence they judge the
President and Congress harshly.
HIGHLY POLARISED That perception of failure has been magnified by the highly contentious
process by which Obamas initiatives have been adopted in Congress. America has in recent years
developed a highly polarised party system, with striking ideological differences between the parties and
unusual unity within each. But these parliamentary-like parties operate in a governmental system in which
majorities are unable readily to put their programmes in place.
Republicans adopted a strategy of consistent, unified, and aggressive opposition to every major
component of the Presidents agenda, eschewing negotiation, bargaining and compromise, even on
matters of great national import. The Senate filibuster has been the indispensable weapon in killing,
weakening, slowing, or discrediting all major legislation proposed by the Democratic majority.
Important to the discussion of political capital is whether or not it can be replenished over a term. If a
President expends political capital on his agenda, can it be replaced ? Light suggests that capital
declines over time public approval consistently falls: midterm losses occur (31). Capital can be
rebuilt, but only to a limited extent. The decline of capital makes it difficult to access information,
recruit more expertise and maintain energy. If a lame duck President can be defined by a loss of
Second, the administration believed that success would breed successthat the momentum from
one legislative victory would spill over into the next. The reverse was closer to the truth: with each
difficult vote, it became harder to persuade Democrats from swing districts and states to cast the
next one. In the event, House members who feared that they would pay a heavy price if they
supported cap-and-trade legislation turned out to have a better grasp of political fundamentals than
did administration strategists.
That perception of failure has been magnified by the highly contentious process by which Obamas
initiatives have been adopted in Congress. America has in recent years developed a highly polarised
party system, with striking ideological differences between the parties and unusual unity within each.
But these parliamentary-like parties operate in a governmental system in which majorities are unable
readily to put their programmes in place.
Republicans adopted a strategy of consistent, unified, and aggressive opposition to every major
component of the Presidents agenda, eschewing negotiation, bargaining and compromise, even on
matters of great national import. The Senate filibuster has been the indispensable weapon in killing,
weakening, slowing, or discrediting all major legislation proposed by the Democratic majority.
The legislative process that produced the health care bill was especially damaging. It lasted much too
long and featured side-deals with interest groups and individual senators, made in full public view. Much
of the public was dismayed by what it saw. Worse, the seemingly endless health care debate
strengthened the view that the presidents agenda was poorly aligned with the economic concerns of
the American people. Because the administration never persuaded the public that health reform
was vital to our economic future, the entire effort came to be seen as diversionary, even antidemocratic. The health reform bill was surely a moral success; it may turn out to be a policy success; but
it is hard to avoid the conclusion that it wasand remainsa political liability. Indeed, most of the
Obama agenda turned out to be very unpopular. Of five major policy initiatives undertaken during
the first two years, only onefinancial regulatory reformenjoyed majority support. In a September
2010 Gallup survey, 52 percent of the people disapproved of the economic stimulus, 56 percent
disapproved of both the auto rescue and the health care bill, and an even larger majority61 percent
rejected the bailout of financial institutions.[v] Democrats hopes that the people would change their
minds about the partys signature issueuniversal health insuranceafter the bill passed were not
fulfilled. (It remains to be seen whether sentiment will change in coming years as provisions of the bill
are phased inthat is, if they survive what will no doubt be stiff challenges in both Congress and the
states.)
Representative Jim Cooper, a Democrat from Tennessee, takes Lees thesis even further. The more
high-profile the communication effort, the less likely it is to succeed, he says. In education
reform, I think Obama has done brilliantly, largely because its out of the press. But on higherprofile things, like deficit reduction, hes had a much tougher time.
Edwardss work suggests that Presidential persuasion isnt effective with the public. Lees work
suggests that Presidential persuasion might actually have an anti-persuasive effect on the opposing
party in Congress. And, because our system of government usually requires at least some members
of the opposition to work with the President if anything is to get done, that suggests that the
Presidents attempts at persuasion might have the perverse effect of making it harder for him to
govern.
Hostile political climate means even wins are losses for Obama
Baker, New York Times White House correspondent, 10
[Peter Baker, foreign policy reporter, 10/12/10, NYT, Education of a President,
http://www.nytimes.com/2010/10/17/magazine/17obama-t.html, Accessed 7/9/13]
But it is possible to win the inside game and lose the outside game. In their darkest moments, White
House aides wonder aloud whether it is even possible for a modern president to succeed, no matter
how many bills he signs. Everything seems to conspire against the idea: an implacable opposition with
little if any real interest in collaboration, a news media saturated with triviality and conflict, a
culture that demands solutions yesterday, a societal cynicism that holds leadership in low regard. Some
White House aides who were ready to carve a new spot on Mount Rushmore for their boss two years ago
privately concede now that he cannot be another Abraham Lincoln after all. In this environment, they
have increasingly concluded, it may be that every modern president is going to be, at best, average.
Were all a lot more cynical now, one aide told me. The easy answer is to blame the Republicans, and
White House aides do that with exuberance. But they are also looking at their own misjudgments, the
The media portrays politics as a stage for wins and losses crowding out vital
dissemination of policy, this undermines presidential promotion
Jacobs, Humphrey School Center for the Study of Politics and Governance director
& University of Minnesota political science professor, 13
[Lawrence R. Jacobs, The Public Presidency and Disciplinary Presumptions, Presidential Studies
Quarterly, Vol. 43 Issue 1, P. 25-26, ProQuest, AMS]
Going public doesnt solve the link health care proves Obamas persistent
promotion of health care failed to rally support
Jacobs, Humphrey School Center for the Study of Politics and Governance director
& University of Minnesota political science professor, 13
[Lawrence R. Jacobs, The Public Presidency and Disciplinary Presumptions, Presidential Studies
Quarterly, Vol. 43 Issue 1, P. 16-17, ProQuest, AMS]
The tendency of well-developed research fields to overfill is well known; a corresponding challenge is the
tendency to misunderstand or misapply that research by scholars plowing different plots. The mistaken or
incomplete interpretation of research on the public presidency presents a particularly egregious case of
poor harvesting. Although political observers and scholars outside the public presidency field project
"going public" as a highly influential weapon, scholars in the field converge on modest expectations
in which presidential promotions have limited, selective, and conditional effects. This pattern is
illustrated through content analyses of Barack Obama's speeches and the media's coverage of them. The
findings correspond with the expectations of the public presidency field: Obama conducted extensive
public promotions of his signature legislative accomplishment-health reform-and his efforts failed
to move media coverage, public opinion, or the legislative process. As research on the public
presidency expands its scope and reach, there is a growing opportunity to correct its misapplications and,
more positively, to build an unusually diverse research community that spans political theory and the
social sciences.
Doug Arnold (1982) distinguished between "overtilled" and "undertilled" areas of research in American
politics. His purpose was to encourage a reallocation of scholarly labor from extensively studied areas
with low and diminishing yields of new knowledge to fields that have "largely been abandoned, although
they still offer great promise, [or have] . . . never been well cultivated at all" (92).
Attention to the allocation of research labor needs to be complemented by scrutiny of another dimension the harvesting and distribution of research outside fields and subfields to the broader discipline devoted to
studying politics and policy. Though these research fields tend to produce veritable warehouses of
findings, they are poorly understood or misapplied by scholars plowing different plots. In these cases, the
misallocation problem that Arnold identified becomes compounded by a breakdown in the distribution
system that delivers the fruits of labor to scholarly consumers. Gaps between the specialized research of
particular fields or subfields (what I refer to as "field research") and broader disciplinary learning put
researchers at risk of adopting assumptions and theoretical expectations about fields outside their areas of
expertise that have been proven flawed or false. Such underharvesting raises questions about the way the
Going public has little effect on Congress only targeted groups achieve minimal
effects
Jacobs, Humphrey School Center for the Study of Politics and Governance director
& University of Minnesota political science professor, 13
[Lawrence R. Jacobs, The Public Presidency and Disciplinary Presumptions, Presidential Studies
Quarterly, Vol. 43 Issue 1, P. 18-19, ProQuest, AMS]
This research also challenges the causal chain in which "going public" is expected to mobilize public
support that, in turn, pressures members of Congress and other policy makers to adopt the
president's policies. Investigations repeatedly report that presidential promotions have limited
impacts on Congress. Presidents who rely on orchestrated appeals frequently find themselves
exerting only "marginal" influence on lawmaking (Bond and Fleisher 1990; Edwards 1989, 2007) and
victims of squandered political capital, frustrated public expectations, and potentially missed
opportunities for privately negotiated pacts (Baum 2004; Jacobs and Shapiro 2000; Jerit 2008).
While extensive research suggests minimal effects of presidential promotion, it does not justify
"writing off presidential leadership as totally ineffective" (Tedin, Rottinghaus, and Rodgers 201 1,
506). A more precise distillation of the research is that presidential appeals fall short of White House
objectives but can exert modest selective influence under certain conditions. Modest influence by
presidents has been detected in discrete components of the policy process, specifically in agendasetting, where a president can moderately elevate Americans' attention to his initiatives, even though
he is unable to exclude other issues (Cohen 1982, 1995; Edwards and Barrett 2000; Peterson I99O). The
6. And Hirsh interprets it the wrong way he says that people will want to get
on the winning side after the passage of a tough bill, but it goes the other way
if he looks unpopular pushing legislation, people will want to get off the
losing side and will turn against him. Even if bandwagoning is true, Midterm
elections make bandwagoning impossibleno republican will let Obama
twist there arm its a matter of Obamas influence.
7. Winners win is false on controversial issuesHirshs analysis on loss of
political capital after the health care debacle proves that even if victories on
easy bills sustain Obamas influence, its not true for divisive issues. The plan
crushes his momentum and at worst, means the plan cant garner offense off
the link turn.
8. Obamas also the focal point of political issues no one knows other
government figures and shown in the media when he pushes unpopular
legislation, congress and the public blame him
9. The only empirical defense of this claim is about Lyndon B. Johnson, but it
also says that his political wins concerned issues that appealed to public
consciousness- if anything, it just means that public opinion matters to
political capital, not that wins build unstoppable momentum
10. FDR proves winners win is not true- he politically won with New Deal
programs but couldnt pack the Supreme Court- also proves PC is limited
Hirsh, National Journal Chief Correspondent, 13
[Michael, Updated: May 30, 2013 | 12:26 a.m., February 7, 2013 | 8:10 p.m., Theres No Such Thing as
Political Capital, http://www.nationaljournal.com/magazine/there-s-no-such-thing-as-political-capital20130207, accessed 7-10-13, MSG]
Consider, as another example, the storied political career of President Franklin Roosevelt. Because
the mood was ripe for dramatic change in the depths of the Great Depression, FDR was able to push an
astonishing array of New Deal programs through a largely compliant Congress, assuming what some
described as near-dictatorial powers. But in his second term, full of confidence because of a landslide
victory in 1936 that brought in unprecedented Democratic majorities in the House and Senate,
Roosevelt overreached with his infamous Court-packing proposal. All of a sudden, the political
capital that experts thought was limitless disappeared. FDRs plan to expand the Supreme Court by
putting in his judicial allies abruptly created an unanticipated wall of opposition from newly
reunited Republicans and conservative Southern Democrats. FDR thus inadvertently handed back to
Congress, especially to the Senate, the power and influence he had seized in his first term. Sure,
Roosevelt had loads of popularity and momentum in 1937. He seemed to have a bank vault full of
political capital. But, once again, a president simply chose to take on the wrong issue at the wrong
time; this time, instead of most of the political interests in the country aligning his way, they
opposed him. Roosevelt didnt fully recover until World War II, despite two more election victories.
Theory Neg
1. Fairness: Politics DA is at the heart of why most plans havent been done we should be able to
talk about the real world political ramifications.
2. Education: talking about the political process allows us to become better decision makers. It also
allows us to have in-depth knowledge about the topic and models real-world Congressional
discussion of the plan.
c
d
Real world education if were talking about policy, we should talk about how policies
exist in the real world. Just debating the plan in a vacuum is like living in a dream world.
Learning about political ramifications is key.
Neg ground We need the politics DA for neg ground. Theres no necessarily intrinsic
reason why social services are bad. This is a reason why we need access to the passage
process.
Their interpretation allows them to fiat solvency. Backlash and controversy is aff burden
to defend.
AT Bottom of Docket
1
Even if they win that the plan is at the bottom of the docket, the plan still adds something to the
docket, which triggers the link
Plan is not at the bottom of the docket. The docket is malleable and fiat means that plan passage
starts immediately. Best interp
a
Real world education we should learn about the political ramifications of policies in the real
world, not the plan in a vacuum
Neg ground the politics DA is key to neg ground. Check the fact that theres no inherent
reason social services are bad.
Political process begins as soon as the plan is passed, which also triggers the expenditure of
political capital in Congressional meetings and votes, ensuring a link to the plan.
Docket is not a real thing Obama pushes what he thinks he can pass at the moment.
Makes the aff a moving target they can only defend the interpretation of fiat of the
1AC.
Education: Politics DA is at the core of why most plans havent been done its key to
test the real world political ramifications, which increases in-depth knowledge of the
topic.
AT Winding Way
Political process triggers the expenditure of political capital in Congressional meetings and votes.
1. Fairness: Politics DA is at the heart of why most plans havent been done we should be able to
talk about the real world political ramifications
2. Education: talking about the political process allows us to become better decision makers. It also
allows us to have in-depth knowledge about the topic and models real-world Congressional
discussion of the plan.
This argument doesnt make sense fiat is able to overcome their argument
If delay happens and debate occurs, it means the plan is politically unpopular which spots us a link and it
proves that the plan wouldnt be able to solve in time
Even if you dont buy my argument, normal means would overcome the debate about the plan and the
implementation would be immediate and without delay
The plan still creates fights. The very passage of the plan initiates the fights.
Real world education if were talking about policy, we should talk about how
policies exist in the real world. Just debating the plan in a vacuum is like living in a
dream world. Learning about political ramifications is key.
Neg ground We need the politics DA for neg ground. Theres no necessarily
intrinsic reason why social services are bad. This is a reason why we need access to
the passage process.
This is a bad interpretation for debate -- Eliminates all politics DAs, which are the crux of neg ground
and education about the political process- not a reason to reject the team
The aff gets the minimum amount of fiat necessary. They can fiat the plan is passed, but they cant fiat the
political process of the plan.
AT No Backlash
Link arguments prove there is backlash and political reactions to the plan.
AT Compartmentalization
Issues dont get compartmentalized - empirics prove - if Obama loses on one issue, he loses even harder
on another as is seen with healthcare
This is a bad standard for debate as they could potentially eliminate every politics DA by saying that
certain issues dont relate to other issues in Congress politics DAs are core to the topic education and
are important generics to check back against an ocean of affirmatives
AT Intrinsicness
Obama has to spend political capital to pass the plan that is the 1NC ____________ link evidence.
Political capital expenditure proves the DA is intrinsic.
3. Education: Politics DA is key to test the real world political ramifications, which increases indepth knowledge of the topic.
4. Voter for fairness and education.
5.
Counter-interpretation voting neg means that the process of plan passage is never initiated. The
judge decides not to vote for fiating plan passage.
Reasons to prefer
a
Neg ground We need the politics DA for neg ground. Theres no necessarily intrinsic reason
why social services are bad. This is a reason why we need access to the passage process.
Brightline if voting neg still means that the plan is debated, theres no reason why the plan
couldnt essentially pass. The aff advocates for the plan and must defend the ramifications of
that plan and the neg proves that the plan (including the ramifications of the plan) is a bad
idea.
This round isnt a proxy congressional debate. The format does not model Congress.
Infinitely regressive: All DAs would hypothetically be triggered or inevitable just by the
neg just introducing them in the round takes out the majority of core neg ground.
b
c
d
e
Education: the plan cant be fully tested without DAs, so policymaking knowledge is lost.
Voter for fairness and education.
AT Vote No
Debate should include any consequence of passing the plan voting neg means process of plan
passage is never initiated
A. Vote no sticks us with defending a world other than the status quo kills ground by changing
every UQ question and eliminating perception links
B. Even if they win it just means that the plan is introduced it would sit in committee without
going anywhere, which means it never becomes a major fight
****Aff Answers
Uniqueness Answers
That kind of tactical elusiveness is something that congressional Republicans have long found
frustrating, as they tried to block funding for the overall ocean policy, charging that the initiative
has never received legislative approval, is not subject to congressional oversight, and that its costs,
scope and sources of funding have never been revealed.
All of this is a terrible, terrible abuse of power, charges Doc Hastings, the chairman of the House
Committee on Natural Resources. The president is ruling by executive order, by fiat. Policy on
oceans should come through Congress. This is really an example of the administration simply not
giving information on what it is doing.
Controversies Now
Controversies thump Obamas political capital until November
Cohen, CNN, 7/4/14
[Tom, 7/4/2014, CNN NewSource, Obama dilemma: More jobs, less war, low polls,
http://www.wbaltv.com/politics/obama-dilemma-more-jobs-less-war-low-polls/26786320#!bbEN39,
accessed 7/9/14 CK]
The VA crisis follows other problems in the Obama administration such as the dysfunctional
website for health care reform, IRS political targeting of groups seeking tax-exempt status and
questions from congressional Republicans over the handling of the 2012 terrorist attack that killed
four Americans in Benghazi, Libya.
As expected, Republicans have mounted a series of investigations, some necessary and others
intended to wring as much political capital out of the controversies as possible heading up to the
November elections and beyond.
They also adopted obstructionist tactics after getting overrun by Democratic majorities in Obama's first
term on transformative, key issues such as health care and Wall Street reforms.
After the Republicans gained control of the U.S. House in 2010, the result was a gridlocked Congress and
a President who appears to have thrown up his hands in disgust, making promises to act on his own as
much as he can.
"We can make even more progress if Congress is willing to work with my administration and to set
politics aside, at least occasionally," Obama said of Thursday's job report.
House Speaker John Boehner replied that "there's no shortage of common ground where he can
push his party's leaders in the Senate to work with us," he said in a swipe at Senate Democrats.
"Until he provides that leadership, he is simply part of the problem."
WASHINGTON With immigration legislation dead for the year, Congress has a very short mustdo list as relations between the two parties, already miserable, seem to be getting worse in the
buildup to the midterm elections.
A plurality of voters think Barack Obama is the worst president since World War II, a new poll
says.
According to a Quinnipiac University poll released Wednesday, 33 percent of voters think the
current president is the worst since 1945.
Obamas predecessor, former President George W. Bush, came in at second-worst with 28 percent, and
Richard Nixon was in third place with 13 percent of the vote. After Jimmy Carter, who 8 percent of voters
said was the worst president in the time period, no other president received more than 3 percent.
Thirty-five percent of voters said Ronald Reagan was the best president since World War II,
receiving nearly twice as many votes as any other former president. Bill Clinton came in second
place at 18 percent, while John F. Kennedy came in third with 15 percent of the vote and Obama
came in fourth with 8 percent saying he was the best.
All other remaining presidents received 5 percent or less. Five percent of voters said Dwight D.
Eisenhower was the best president since 1945, while 4 percent said Harry Truman. Lyndon Johnson
and George H.W. Bush each received 3 percent. George W. Bush came in at 1 percent.
Forty-five percent of voters said the U.S. would be better off with Mitt Romney serving in the White
House, compared to 38 percent who said the country would be in worse shape.
The survey comes as Obama in recent weeks has found his popularity at the lowest levels of his
presidency.
The Quinnipiac poll reported more bad news about the presidents approval and competency ratings.
Forty percent of voters approve of the job Obama is doing, compared with 53 percent who
disapprove. Fifty-four percent of voters say the Obama administration is not competent at running
the government.
The survey was conducted June 24-30 with 1,446 registered voters on land lines and cellphones. The
margin for error is plus or minus 2.6 percentage points.
Link Answers
The Department of Energy (DOE) Wednesday said it will give up to $47 million each to three
offshore wind power projects over the next four years to pioneer innovative technology.
The planned projects are off the costs of New Jersey, Oregon and Virginia. DOE said the money will
help speed the deployment of efficient wind power technologies as part of the governments effort to
expand the use of wind power.
Offshore wind offers a large, untapped energy resource for the United States that can create
thousands of manufacturing, construction and supply chain jobs across the country and drive
billions of dollars in local economic investment, Energy Secretary Ernest Moniz said in a statement.
The Energy Department is working with public and private partners to harness this untapped
resource in a sustainable and economic manner.
The Obama Administration on Wednesday gave a huge boost to the development of offshore wind
energy projects in the U.S., of which there are exactly none, currently. But that's about to change quite
soon, with the Energy Department announcing awards for seven offshore wind farms around the
country, each project receiving $4 million for a collective $28 million.
The money is meant for seven different "technology demonstration partnerships" that combine
industry funding supplemented by the Energy Department and function within their local
jurisdictions to create new offshore wind farms due to be operational, at least in part, by 2017 at the
latest. The projects are each eligible to receive $47 million total over the next four years, if they can
demonstrate success with their developments.
Most of the projects are located around the coasts, but one, the "Icebreaker," is set to take spin in Lake
Erie.
Congress spins the names of plans to make them sound better and get good media
attention
Bravin, The Wall Street Journal Supreme Court correspondent, 11
[Jess, 1-12-11, The Wall Street Journal, Congress Finds, in Passing Bills, That Names Can Never Hurt
You, http://online.wsj.com/news/articles/SB10001424052748703820904576057900030169850,
accessed 7-12-14, AKS]
WASHINGTONWe may never know how Thomas Jefferson coined the phrase "pursuit of
happiness." The HAPPY Act's origin is more clear.
"The staff was hounding me for a name," says Rep. Thaddeus McCotter, who had a bill to make pet-care
expenses tax-deductible. Then a 1972 Rolling Stones hit, "Happy," popped up on his iPod, he says, and
soon the Humanity and Pets Partnering through the Years Act was born.
Research suggests that pet owners are "happier and healthier" than those without companion animals, Mr.
McCotter explains.
Mr. McCotter, a Michigan Republican, isn't the only acronym addict on Capitol Hill. In recent years,
Congress has been flooded with a Scrabble board of legislative titles including the DISCLOSE Act,
the HIRE Act and the ASPIRE Act, all of which take too much space to spell out here. In December,
President Barack Obama signed the Help HAITI (Haitian Adoptees Immediately to Integrate) Act,
but he was helpless as his Democrats saw their DREAM (Development, Relief and Education for
Alien Minors) Act go down the drain.
Donald Ritchie, the Senate historian, says lawmakers rely on rhetorical tricks to give their legislation an
edge.
"It's a matter of scrambling for attention, given the fact that there are thousands of bills proposed
and only 3% will pass," he says.
Congressman rally public support with catchy names for their bills-allowing easier
passage
Long, The Hill Business, 5
[Chrissie, 4-21-5, The Hill, Lawmakers turn to catchy names for bills,
http://thehill.com/homenews/news/11040-lawmakers-turn-to-catchy-names-for-bills, accessed 7-13-14,
AKS]
As lawmakers look for name recognition to garner support for their legislation, catchy bill
acronyms such as the USA PATRIOT Act, the SNIPER Act or the BE REAL Act are becoming
The title is the most important part of the legislation Congress uses it to make it
difficult to vote no-plan avoids the link
Lederman, Medill Reports, 10
[Josh, 6-8-10, Medill Reports, A bills name is part of the game,
http://news.medill.northwestern.edu/chicago/news.aspx?id=166509, accessed 7-13-14, AKS]
Political language, wrote George Orwell in his 1946 essay Politics and the English Language, is
designed to make lies sound truthful and murder respectable.
If thats so, then the job of rooting out the truth isnt made any easier when political language
strays into hundreds or thousands of pages, as major pieces of legislation do. But one line has the
ability to shape a bills reception and chance of passage: the title.
The title of the legislation is more important than what the legislation actually says, said Alan
Rubin, director of federal government relations for Buchanan, Ingersoll & Rooney, a national law firm.
Its really unfortunate, but thats how it works.
The complexities of legislative process have never much been fancied by the American public, and
in an era of Twitter and reality television, its not surprising that most voters arent reading bills in
full or closely watching the sausage-making. What they can track are short, evocative
representations of complicated issues.
Its marketing, its persuasion, said Illinois Senate President John Cullerton. Its putting an argument
into the title to help persuade people, to make it difficult to vote no.
When Secretary of State John Kerry was appointed to be our top diplomat, he told his staff at State
that he wanted to take stronger international action to conserve and manage the oceans. This week,
the Secretary is holding an international conference in Washington as a signature event fulfilling
that commitment. But it is a tumultuous world, and each day we hear that Secretary Kerry is here, there
and everywhere; crisis in the Middle East, Ukraine, China, Africa and more. Can he really afford to spend
two days talking about ocean conservation?
But then if we just run from crisis to crisis, when do we pay attention to ominous problems such as
climate change, biodiversity loss or depletion of ocean resources? These are challenges that affect global
society as much as the seemingly endless conflicts the Secretary must work to solve through diplomacy
rather than military action.
The State Department conference was designed around a focus on sustaining fisheries, reducing
marine pollution, and addressing the ocean effects of climate change such as ocean acidification.
But really we will be talking about the health of the oceans broadly, because human society is
impacting the oceans not only through pollution, exploitation and climate change, but through
habitat loss, coastal development and many other impacts.
That doesnt mean that we can or should bring development to a standstill, but it does mean we need to
manage our impacts. After all, we dont manage the oceans. We can only manage human societys
impact on the oceans. Bringing together political leaders from around the globe, as perhaps only the
U.S. Secretary of State can do, is an opportunity to truly focus on what needs to be done for the
future, not just bemoan the past.
I am honored to serve on the steering committee for the conference as well as being a panelist. My
role will be to talk about the scientific work of assessment of the status and trends of many
different aspects of the ocean. There are broad international and national assessments of ocean
conditions and human impacts on the ocean developed over the last several years, including a new
Ocean Health Index and a soon to be completed World Ocean Assessment under the auspices of the UN.
And of course the IPCC report and the U.S. National Climate Assessment, which includes a chapter on
the oceans for the first time, address the overarching challenges of climate change.
From personal experience with these efforts I can tell you that they are huge efforts involving many
scientists, and they bring together information sources across the globe. But their real impact
should be to focus attention on what needs to done to respond to very real challenges. These
scientific syntheses enable citizens and policy makers alike to see the direction we are going and
Finally, the fourth category of presidential policy proposal messages concerns not neces- sarily the way
the president sells an initiative, but rather the substantive quality of the legislative proposal being put
forward. Presidents can earn greater policy credibility when they seek an enhanced level of
involvement by policy experts, particularly those involved in the administration and implementation
of existing law. By putting forward policy initiatives developed using the input of experts, such as
key agency officials, presidents are also communicating to members of Congress about both the
quality of the proposal and the degree to which the president has delegated the policy-crafting task
not to his political subordinates, but rather to bureaucratic experts who are more neutral and policy
competent.
In accordance with the recent work by Villalobos (2008, forthcoming), we posit that agency input
provides presidential policy development with expertise and objectiv- ity, process transparency,
cooperative consultation with Congress, and agency support, which should markedly increase presidential
policy-making success in Congress. The involvement of agency actors in the policy development phase
provides presidents with a degree of bureaucratic expertise9 that is more objective than the advice of the
presidents inner circle and that legislatorsparticularly partisan opponents of the presidentare
therefore relatively less likely to oppose (Villalobos 2008, forthcoming).10 Agency actors are generally
more objective than White House staffers because they are less likely to view policy options primarily
through an ideological lens and instead base much of their preferences on bureaucratic expertise
accumulated from years of policy learning and institutional memory, which provides them with an
authoritative knowledge of govern- ment procedures and folkways (Weko 1995; Wolf 1999).
Agency involvement at the policy development stage also allows members of Congress to more
openly observe and take part in the policy-making process, which helps legitimize policy initiatives
in the eyes of legislators prior to their proposal. According to Rudalevige (2002, 150), Members of
Congress know less about an item being crafted in the White House than they do about a departmental
production, and have less reason to believe that the information they do receive from EOP [Executive
Office of the President] sources is reliable. Given that congressional committees often hold hearings
to ascertain whether a policy initiative represents a valid policy solution, presidential policy
proposals with agency support are therefore less likely to generate skepticism among legislators.
Consequently, by attaining the input of agency actors, the president thus signals to members of Congress
that a given policy proposal has endured the scrutiny as well as earned the support of the very people
responsible for its eventual implementation.
Winners Win
On Tuesday, in his State of the Union address, President Obama will do what every president does this
time of year. For about 60 minutes, he will lay out a sprawling and ambitious wish list highlighted by gun
control and immigration reform, climate change and debt reduction. In response, the pundits will do
what they always do this time of year: They will talk about how unrealistic most of the proposals are,
discussions often informed by sagacious reckonings of how much political capital Obama possesses
to push his program through.
Most of this talk will have no bearing on what actually happens over the next four years.
Consider this: Three months ago, just before the November election, if someone had talked seriously
about Obama having enough political capital to oversee passage of both immigration reform and
gun-control legislation at the beginning of his second termeven after winning the election by 4
percentage points and 5 million votes (the actual final tally)this person would have been called crazy
and stripped of his pundits license. (It doesnt exist, but it ought to.) In his first term, in a starkly
polarized country, the president had been so frustrated by GOP resistance that he finally issued a limited
executive order last August permitting immigrants who entered the country illegally as children to work
without fear of deportation for at least two years. Obama didnt dare to even bring up gun control, a
Democratic third rail that has cost the party elections and that actually might have been even less
popular on the right than the presidents health care law. And yet, for reasons that have very little to do
with Obamas personal prestige or popularityvariously put in terms of a mandate or political
capitalchances are fair that both will now happen.
What changed? In the case of gun control, of course, it wasnt the election. It was the horror of the 20
first-graders who were slaughtered in Newtown, Conn., in mid-December. The sickening reality of little
girls and boys riddled with bullets from a high-capacity assault weapon seemed to precipitate a sudden
tipping point in the national conscience. One thing changed after another. Wayne LaPierre of the National
Rifle Association marginalized himself with poorly chosen comments soon after the massacre. The progun lobby, once a phalanx of opposition, began to fissure into reasonables and crazies. Former Rep.
Gabrielle Giffords, D-Ariz., who was shot in the head two years ago and is still struggling to speak and
walk, started a PAC with her husband to appeal to the moderate middle of gun owners. Then she gave
riveting and poignant testimony to the Senate, challenging lawmakers: Be bold.
As a result, momentum has appeared to build around some kind of a plan to curtail sales of the most
dangerous weapons and ammunition and the way people are permitted to buy them. Its impossible to say
now whether such a bill will pass and, if it does, whether it will make anything more than cosmetic
Winners Win
Victories increase capital
Lee, Claremont McKenna College 5
(Andrew, Invest or Spend? Political Capital and Statements of Administration Policy in the First Term of
the George W. Bush Presidency, Georgia Political Science Association Conference Proceedings, http://as.clayton.edu/trachtenberg/2005%20Proceedings%20Lee.pdf, accessed 7-9-12 FFF)
To accrue political capital, the president may support a particular lawmakers legislation by issuing
an SAP urging support, thereby giving that legislator more pull in the Congress and at home. The
president may also receive capital from Congress by winning larger legislative majorities. For
example, the presidents successful efforts at increasing Republican representation in the Senate and
House would constitute an increase in political capital. The president may also receive political capital
from increased job favorability numbers, following through with purported policy agendas, and
defeating opposing party leaders (Lindberg 2004). Because political capital diminishes, a president
can invest in policy and legislative victories to maintain or increase it. For example, President George
W. Bush invests his political capital in tax cuts which he hopes will yield returns to the economy and his
favorability numbers. By investing political capital, the president assumes a return on investment.
2. Winning comes to those who look like winners. This only sounds redundant or cliche-ish. If power is
the ability to make people do something they otherwise would not do, real power is having people
do things they otherwise wouldn't do without anybody making them - when they act in anticipation
of what they think somebody would want them to do. If a president develops a reputation as a
winner, somebody who will pull out victories in Congress even when he is behind, somebody who
can say, "Do this!" and have it done, then Members of Congress will behave accordingly. They will
want to cut their deals with the president early, getting on the winning team when it looks the best
and means the most. They will avoid cutting deals with the opposition. Stories that show weakness,
indecisiveness, or incompetence in the White House - and there are always lots of them - will go
unreported or will be played down because they will be seen as the exception that proves the rule of
strength and competence.
(CNN) -- On the eve of his second inaugural, President Obama appears smarter, tougher and bolder
than ever before. But whether he is also wiser remains a key question for his new term.
It is clear that he is consciously changing his leadership style heading into the next four years. Weeks
before the November elections, his top advisers were signaling that he intended to be a different kind
of president in his second term.
"Just watch," they said to me, in effect, "he will win re-election decisively and then he will throw down
the gauntlet to the Republicans, insisting they raise taxes on the wealthy. Right on the edge of the
fiscal cliff, he thinks Republicans will cave."
What's your Plan B, I asked. "We don't need a Plan B," they answered. "After the president hangs
tough -- no more Mr. Nice Guy -- the other side will buckle." Sure enough, Republicans caved on
taxes. Encouraged, Obama has since made clear he won't compromise with Republicans on the debt
ceiling, either.
Obama 2.0 stepped up this past week on yet another issue: gun control. No president in two decades
has been as forceful or sweeping in challenging the nation's gun culture. Once again, he portrayed the
right as the enemy of progress and showed no interest in negotiating a package up front.
In his coming State of the Union address, and perhaps in his inaugural, the president will begin a hard
push for a comprehensive reform of our tattered immigration system. Leading GOP leaders on the
issue -- Sen. Marco Rubio, R-Florida, for example -- would prefer a piecemeal approach that is bipartisan.
Obama wants to go for broke in a single package, and on a central issue -- providing a clear path to
citizenship for undocumented residents -- he is uncompromising.
After losing out on getting Susan Rice as his next secretary of state, Obama has also shown a
tougher side on personnel appointments. Rice went down after Democratic as well as Republican
senators indicated a preference for Sen. John Kerry. But when Republicans also tried to kill the
nomination of Chuck Hagel for secretary of defense, Obama was unyielding -- an "in-your-face
appointment," Sen. Lindsay Graham, R-South Carolina, called it, echoing sentiments held by some of
his colleagues.
Republicans would have preferred someone other than Jack Lew at Treasury, but Obama brushed
them off. Hagel and Lew -- both substantial men -- will be confirmed, absent an unexpected
bombshell, and Obama will rack up two more victories over Republicans.
His new style is paying off politically. But in the long run, will it also pay off in better governance?
Strikingly, Obama has also been deft in the ways he has drawn upon Vice President Joe Biden. During
much of the campaign, Biden appeared to be kept under wraps. But in the transition, he has been
Winners winmedia spin drives support and politicians dont want to cross a
winner
Ornstein, American Enterprise Institute Resident Scholar, 1
[Norman J., 9/10/1, Roll Call, High Stakes and an Overloaded Agenda,
http://www.aei.org/article/economics/fiscal-policy/high-stakes-and-an-overloaded-agenda/, accessed
7/13/14, AC]
Those victories came at a crucial time, psychologically, for the White House. Imagine if the
Democrats preferred patients rights legislation had passed by a wide margin in the House (as it
has in the past) and if the President had been rebuffed on drilling in ANWR. He would have spent
the month of August as the target of news stories declaring him weak and on the defensive, and
arrived back in Washington in September with no momentum and limited leverage in the legislative
battles of the fall. Instead, by showing that he can win even when hes expected to lose, and even on
high-stakes issues, Bush left lawmakers with reason to pause before writing him off when key votes
loom.
A president's power is defined by his relations with Congress. A president must exercise power in
many arenas, persuading many audiences at home and abroad. But the key test for a president's
clout or success is how he is judged in dealing with Congress: Does he master them, or do they
master him? The successful president, I suggested in these pages in March, comes across like animal
tamer Gunther Gebel-Williams: He gets into the ring with the Congressional lions and tigers, cracks
Americans are realistic enough to understand that the breakdown of the blue social model is a messy
process and that perhaps no president can deliver a pain free transition to the next stage. But what they
arent hearing from President Obama is a compelling description of what has gone wrong, how it can be
fixed, and how the policies he proposes will take us to the next level. What they hear from this
administration are defensive responses: Hooveresque calls for patience mingled with strange-sounding
attacks on ATMs and sharp, opportunistic jabs at former President Bush. The White House has responded
to strategic challenges at home and abroad with tactical maneuvers. Voters sense that we live in historic
times that demand leadership of a different kind. What does President Obama think about the fiscal
squeeze forcing trade-offs between state employee benefits and services to the poor? How much trouble is
the American middle class in and what changes are needed to save it? The President of the United
Obamas critics contend that his prolonged fantasy of bipartisanship, his failure to lay the blame for the
depressed economy squarely on the Republicans, and his reluctance to use his bully pulpit to tell a
coherent story, particularly about jobs, needlessly weakened the Democrats and led to avoidable losses in
the 2010 midterm. More fundamentally, under Obama government has lost credibility as a necessary force
for economic recovery and fairness, undermining the Democrats core appeal to voters. At the very
least, Obama failed to drive the agenda or exploit the full possibilities of presidential leadership in a
crisis. In the formulation of the political historian James MacGregor Burns, Obama ran and inspired
voters as a transformational figure but governed as a transactional one. Notwithstanding a vow to
profoundly change Washington, Obama took the Washington power constellation as a given. Despite an
economic emergency, he moved neither Congress nor public opinion very much and only seldom used his
oratorical gifts. He is so damned smart and confident that he thinks he just has to explain things to the
American people once, says former House Appropriations Chair David Obey. He doesnt appreciate
that you have to reinforce a message 50 times. Obamas reticence, his reluctance to lay blame, make
sharp partisan distinctions, or practice a politics of class, reflects the interplay of his personality and his
tacit theory of powerone that emphasizes building bridges to opponents, defying ideological categories,
shying away from the kind of mass mobilization that swept him into office, and practicing a kind of Zen
detachment. At moments in American history, that conception of the presidency has suited the times. This
doesnt seem to be one of those moments. Yet in the third year of his presidency, there are signs of a
learning curve. It may be that Obama is playing his own elegant brand of rope-a-dope, biding his
time, letting the Republicans lead with their chins, waiting for just the right moment to dramatize their
It was the sense of national emergency associated with the cold war during the fifties and sixties, after all,
that was the ultimate source of presidential power and American global leadership following World War
II. This means that the fragmented and pluralist political environment that has prevailed since Vietnam
will likely continue in the post-cold war future, posing greater foreign policy opportunities and political
risks for presidents and American leadership abroad. And as the American public focuses its concern
increasingly on intermestic (and especially economic) issues, presidents who are perceived as dealing
successfully with those issues are likely to enjoy an increase in their popularity and ability to govern in
foreign policy and in general. But much will depend on the image that Americans have of a presidents
policies and of their relative success, at home and abroad a function of the turn of events and the
strength of presidential leadership.
AT Political Capital
Persuasion Fails
Presidential rhetoric has no effect on the public or on Congress- empirical data
proves
Klein, Washington Post columnist, 12
[Ezra, 3-19-12, New Yorker, The Unpersuaded? Who listens to a President?,
http://www.newyorker.com/reporting/2012/03/19/120319fa_fact_klein?currentPage=all, accessed 7-8-13,
MSG]
In 1993, George Edwards, the director of the Center for Presidential Studies, at Texas A. & M.
University, sponsored a program in Presidential rhetoric. The program led to a conference, and the
organizers asked their patron to present a paper. Edwards didnt know anything about Presidential rhetoric
himself, however, so he asked the organizers for a list of the best works in the field to help him prepare.
Like many political scientists, Edwards is an empiricist. He deals in numbers and tables and charts, and
even curates something called the Presidential Data Archive. The studies he read did not impress him.
One, for example, concluded that public speech no longer attends the processes of governanceit
is governance, but offered no rigorous evidence. Instead, the author justified his findings with
vague statements like One anecdote should suffice to make this latter point.
Nearly twenty years later, Edwards still sounds offended. They were talking about Presidential
speeches as if they were doing literary criticism, he says. I just started underlining the claims that were
faulty. As a result, his conference presentation, Presidential Rhetoric: What Difference Does It Make?,
was less a contribution to the research than a frontal assault on it. The paper consists largely of quotations
from the other political scientists work, followed by comments such as He is able to offer no systematic
evidence, and We have no reason to accept such a conclusion, and Sometimes the authors assertions,
implicit or explicit, are clearly wrong.
Edwards ended his presentation with a study of his own, on Ronald Reagan, who is generally
regarded as one of the Presidencys great communicators. Edwards wrote, If we cannot find
evidence of the impact of the rhetoric of Ronald Reagan, then we have reason to reconsider the
broad assumptions regarding the consequences of rhetoric. As it turns out, there was reason to
reconsider. Reagan succeeded in passing major provisions of his agenda, such as the 1981 tax cuts,
but, Edwards wrote, surveys of public opinion have found that support for regulatory programs
and spending on health care, welfare, urban problems, education, environmental protection and aid
to minoritiesall programs that the President opposedincreased rather than decreased during
Reagans tenure. Meanwhile, support for increased defense expenditures was decidedly lower at
the end of his administration than at the beginning. In other words, people were less persuaded by
Reagan when he left office than they were when he took office.
Nor was Reagans Presidency distinguished by an unusually strong personal connection with the
electorate. A study by the Gallup organization, from 2004, found that, compared with all the
Presidential job-approval ratings it had on record, Reagans was slightly below average, at fifty-
Back-room bargains and quiet negotiations do not, however, present an inspiring vision of the Presidency.
And they fail, too. Boehner and Obama spent much of last summer sitting in a room together, but,
ultimately, the Speaker didnt make a private deal with the President for the same reason that
Republican legislators dont swoon over a public speech by him: he is the leader of the Democratic Party,
and if he wins they lose. This suggests that, as the two parties become more sharply divided, it may
become increasingly difficult for a President to governand theres little that he can do about it.
Theorists have long worried over this possibility. They note that our form of government is not common.
As Juan Linz, a professor of political science at Yale, pointed out in a 1989 paper, The only presidential
democracy with a long history of constitutional continuity is the United States. A broad tendency
toward instability and partisan conflict, he writes, is woven into the fabric of a political system in
which a democratically elected executive can come from one party and a democratically elected
legislature from another. Both sides end up having control over some levers of power, a claim to be
carrying out the will of the public, and incentives that point in opposite directions.
The American system has traditionally had certain features that reduced the stakesnotably, political
parties that encompassed a diverse range of opinions and often acted at cross purposes with themselves.
But today the parties operate as disciplined, consistent units. According to Congressional Quarterly, in
2009 and 2010 Democrats and Republicans voted with their parties ninety per cent of the time. That
Richard Neustadt, who died in 2003, was the most influential scholar of the American Presidency. He was
a founder of Harvards Kennedy School of Government and an adviser to Harry Truman, John F.
Kennedy, Lyndon Johnson, and Bill Clinton, and, in his book Presidential Power (1960), he wrote the
most frequently quoted line in Presidential studies: The power of the presidency is the power to
persuade. On August 31st of last year, President Barack Obama prepared to exercise that power.
Frustrated with the slow recovery of the economy, he wanted to throw the weight of his office
behind a major new stimulus package, the American Jobs Act. To this end, the White House
announced that the President would deliver a televised speech to a joint session of Congress, and, as is
One option is to exert private leadership. The Obama Administration has had some success with this
approach. Late in 2010, some observers wondered why the White House, which clearly believed that
there was a need for further stimulus, wasnt pushing Republicans on a payroll-tax cut, one of the few
stimulus measures they had seemed somewhat open to. Then, suddenly, after the midterm election, it
appeared in the tax deal. Axelrod says, We didnt put the payroll-tax cut into our speeches in the fall
because we didnt think we could pass it, and we worried that if we included it in our rhetoric it might
pollute the issue and impair our chances of getting it done after the election.
Back-room bargains and quiet negotiations do not, however, present an inspiring vision of the
Presidency. And they fail, too. Boehner and Obama spent much of last summer sitting in a room
together, but, ultimately, the Speaker didnt make a private deal with the President for the same
No internal link Presidents do not have persuasive power, they can only use their
agenda setting usefully if the public is behind them
Klein, Washington Post columnist, 12
[Ezra, 3-13-12, Washington Post, Presidential persuasion: The case of Iraq,
http://www.washingtonpost.com/blogs/ezra-klein/post/presidential-persuasion-the-case-ofiraq/2011/08/25/gIQAzemh9R_blog.html, accessed 7-8-13, MSG]
Persuasion Backfires
Presidential persuasion backfires compartmentalizes policymakers and increases
opposition to proposals
Klein, Washington Post columnist, 12
[Ezra, 3-19-12, The New Yorker, The Unpersuaded: Who Listens to a President?,
http://www.newyorker.com/reporting/2012/03/19/120319fa_fact_klein?currentPage=all, accessed 7-8-13,
HG]
But being President isnt the same as running for President. When youre running for President, giving a
good speech helps you achieve your goals. When you are President, giving a good speech can prevent
you from achieving them.
In January, 2004, George W. Bush announced his intention to take the next steps of space
exploration: human missions to Mars and to worlds beyond. It was an occasion that might have
presented a moment of bipartisan unity: a Republican President was proposing to spend billions of
dollars on a public project to further John F. Kennedys dream of venturing deep into the cosmos. As
Frances Lee, now a professor at the University of Maryland, recalls, That wasnt a partisan issue at all.
Democrats had no position on sending a mission to Mars. But, she says, they suddenly began to
develop one. They began to believe it was a waste of money. Congressional Democrats pushed the
argument in press releases, public statements, and television appearances. In response, the White House,
which had hinted that the Mars mission would feature prominently in the State of the Union address,
dropped it from the speech.
The experience helped to crystallize something that Lee had been thinking about. Most of the work on
the relationship between the President and Congress was about the President as the agenda setter, she
says. I was coming at it from the perspective of the increase in partisanship, and so I looked at Presidents
not as legislative leaders but as party leaders. That changes things dramatically. As Lee writes in her
book Beyond Ideology (2009), there are inherent zero-sum conflicts between the two parties
political interests as they seek to win elections. Put more simply, the Presidents party cant win unless
the other party loses. And both parties know it. This, Lee decided, is the true nature of our political
system.
To test her theory, she created a database of eighty-six hundred Senate votes between 1981 and 2004. She
found that a Presidents powers of persuasion were strong, but only within his own party. Nearly four
thousand of the votes were of the mission-to-Mars varietythey should have found support among both
Democrats and Republicans. Absent a Presidents involvement, these votes fell along party lines just a
third of the time, but when a President took a stand that number rose to more than half. The same thing
happened with votes on more partisan issues, such as bills that raised taxes; they typically split along
party lines, but when a President intervened the divide was even sharper.
One way of interpreting this is that party members let their opinion of the President influence their
evaluation of the issues. Thats not entirely unreasonable. A Democrat might have supported an
intervention in Iraq but questioned George W. Bushs ability to manage it effectively. Another
These studies limit what we can conclude about presidential representation for two primary
reasons. First, many of studies of presidential representation do not take specific presidential
positions into account. Instead, they amalgamate all liberal or conservative positions by the
president as a way to test for responsiveness. Although this provides an excellent broad measure of
ideology, it may miss presidential responsiveness to important subgroups that are important to
presidential success in Congress and reelection. This may also miss important issues not included in the
measure or which do not load on a traditional left-right scale (Page 2002). A second issue is that, without
specific policies to explore representation, we may overstate the presidents representational qualities.
For example, if a president unveils a predominately liberal policy but only talks about the
conservative elements, one might misrepresent to whom the president responds with his legislative
agenda. Presidents could also be forced to take public positions in response to circumstances
outside of their control, which might overrepresent these issues as part of the presidents larger
policy agenda. Related to this, minor deviations in responsive tendencies are coded the same as large
deviations. For instance, Canes-Wrone and Shottss (2004) dichotomous measure of congruence may
overstate or understate presidential representation in that even a small increase or decrease in the
presidents budgetary request would be coded as being fully congruent with the public.
No Spillover
No spilloverissues are compartmentalized
Dickinson, Middlebury College Political Science Department Chair, 9
[Matthew, 5/26/9, Middlebury College, Sotomayor, Obama, and Presidential Power,
http://sites.middlebury.edu/presidentialpower/2009/05/26/sotamayor-obama-and-presidentialpower/, accessed 7/13/14, AC]
What is of more interest to me, however, is what her selection reveals about the basis of presidential
power. Political scientists, like baseball writers evaluating hitters, have devised numerous means of
measuring a presidents influence in Congress. I will devote a separate post to discussing these, but
in brief, they often center on the creation of legislative box scores designed to measure how many
times a presidents preferred piece of legislation, or nominee to the executive branch or the courts, is
approved by Congress. That is, how many pieces of legislation that the president supports actually pass
Congress? How often do members of Congress vote with the presidents preferences? How often is a
presidents policy position supported by roll call outcomes? These measures, however, are a misleading
gauge of presidential power they are a better indicator of congressional power. This is because
how members of Congress vote on a nominee or legislative item is rarely influenced by anything a
president does. Although journalists (and political scientists) often focus on the legislative
endgame to gauge presidential influence will the President swing enough votes to get his
preferred legislation enacted? this mistakes an outcome with actual evidence of presidential
influence. Once we control for other factors a member of Congress ideological and partisan
leanings, the political leanings of her constituency, whether shes up for reelection or not we can
usually predict how she will vote without needing to know much of anything about what the
president wants. (I am ignoring the importance of a presidents veto power for the moment.)
Despite the much publicized and celebrated instances of presidential arm-twisting during the
legislative endgame, then, most legislative outcomes dont depend on presidential lobbying. But this
is not to say that presidents lack influence. Instead, the primary means by which presidents influence what
Congress does is through their ability to determine the alternatives from which Congress must choose.
That is, presidential power is largely an exercise in agenda-setting not arm-twisting. And we see this in
the Sotomayor nomination. Barring a major scandal, she will almost certainly be confirmed to the
Supreme Court whether Obama spends the confirmation hearings calling every Senator or instead
spends the next few weeks ignoring the Senate debate in order to play Halo III on his Xbox. That is,
how senators decide to vote on Sotomayor will have almost nothing to do with Obamas lobbying
from here on in (or lack thereof). His real influence has already occurred, in the decision to present
Sotomayor as his nominee.
If we want to measure Obamas power, then, we need to know what his real preference was and why he
chose Sotomayor. My guess and it is only a guess is that after conferring with leading Democrats and
Republicans, he recognized the overriding practical political advantages accruing from choosing an
Hispanic woman, with left-leaning credentials. We cannot know if this would have been his ideal choice
based on judicial philosophy alone, but presidents are never free to act on their ideal preferences. Politics
However, if spending political capital in the service of vote-centered and agenda- centered strategies
is a necessary condition for presidents to have positive influence in Congress, it certainly is not a
sufficient condition. Instead, we find the exact policy return on a particular presidential lobbying
campaign is conditioned by the location of the status quo, and the nature of leading opponents and
pivotal voters preferences . Beyond enjoying ample political capital, then, those presidents who seek to
change far-off status quos and confront pliable leading opponents and/or pivotal voters are expected to
wield the greatest policymaking impact. By comparison, presidents with little to no political capital,
seeking to change centrist status quos, or confronting opposing leaders and piv- otal voters who staunchly
oppose their proposals can find themselves with nothing to do but stand there and take it, as Lyndon
Johnson once put it.
Their model assumes the President spending political capital and adapting perfectly
Beckmann, UC-Irvine political science professor, & Kumar, Indian Institute of
Technology economics professor, 11
[Matthew N. Beckmann PhD and Associate Professor, Political Science School of Social Sciences at UC
Irvine; and Vimal Kumar, Journal of Theoretical Politics How presidents push, when presidents win: A
model of positive presidential power in US lawmaking,, 23: 3, Ebsco, accessed: 7/8/13, ML]
One important point: in anticipating how the game will be played and exactly how much he can
influence pivotal voters, in our model the president never proposes some- thing which the opposition
leader can defeat. This point is important because our presidents strategically adapt their proposals to
meet practical realities, and, as such, the appropriate measure of a presidents success is not passage
per se, but rather the substance of what passes (or does not). In practice, presidents do not seem to
adapt their proposals so strategically (Light, 1982; Peterson, 1990), so s real-world empirical
referent is better thought of as what the president signs into law (if anything) rather than what he
proposes. In terms of content, how close is the outcome to what the president actually preferred?
AT GOP Compromise
Republican obstructionism impedes Obama from passing legislation
Sargent, Washington Post, 13
[Greg, 7/9/13, The Washington Post, Sabotage governing, http://www.washingtonpost.com/blogs/plumline/wp/2013/07/09/sabotage-governing/, accessed 7/10/13, AS]
Its not unusual to hear dirty hippie liberal blogger types (and the occasional lefty Nobel Prize
winner) point out that todays GOP has effectively abdicated the role of functional opposition party,
instead opting for a kind of post-policy nihilism in which sabotaging the Obama agenda has become
its only guiding governing light.
But when you hear this sort of argument coming from Chuck Todd, the mild-mannered, well respected
Beltway insider, it should prompt folks to take notice. Thats essentially what Todd, along with Mark
Murray and the rest of MSNBCs First Read crew, argued this morning. Its worth quoting at length: More
on The Plum Line Happy Hour Roundup Jonathan Bernstein 8 hours ago Our nightly wrap-up of news
and opinion. GOP response to farm bill debacle: Move it further to the right Greg Sargent 9 hours ago But
that isn't good enough for conservatives, either. So now what? Pelosi to Boehner: Immigration reform
must be comprehensive Greg Sargent 12 hours ago The Democratic leader issues a subtle threat to the
House GOP leader. GOP opposition to gay workplace equality will do wonders for that `makeover Greg
Sargent 14 hours ago The coming debate over the Employment Non-Discrimination Act gives the GOP
another shot to revive that "makeover" that has fallen by the wayside. Heres a thought exercise on this
summer morning: Imagine that after the controversial Medicare prescription-drug legislation was passed
into law in 2003, Democrats did everything they could to thwart one of George W. Bushs top
domestic achievements. They launched Senate filibusters to block essential HHS appointees from
administering the law; they warned the sports and entertainment industries from participating in
any public service announcements to help seniors understand how the law works; and, after taking
control of the House of Representatives in 2007, they used the power of the purse to prohibit any
more federal funds from being used to implement the law. As it turns out, none of that happened.
And despite Democratic warnings that the law would be a bust we remember the 2004 Dem
presidential candidates campaigning against it the Medicare prescription-drug law has been, for the
most part, a pretty big success.
But that thought exercise has become a reality 10 years later as Republicans have worked to
thwart/stymie/sabotage pick your word the implementation of President Obamas health-care and
financial-reform laws.
Recently, the top-two Senate Republicans Mitch McConnell and John Cornyn wrote a letter to
the NFL and other major sports leagues warning them not to participate in any campaign to
promote implementation of Obamacare. The Koch Brothers-backed Americans for Prosperity is in
unchartered waters running TV ads to help prevent the law from being implemented, while the Obama
political arm is also on the air promoting implementation. And Senate Republicans have vowed to
filibuster any nominee (no matter how qualified) to run the Consumer Financial Protection Bureau under
the financial-reform law. [...]
AT Public Persuasion
No Audience
Bully pulpit is irrelevant in the technological eratheir evidence doesnt account
for Obamas inability to secure an audience
Zelizer, Princeton University professor of history and public affairs, 11
(Julian E., 7/11/11, CNN Opinion, President's bully pulpit is not what it used to be,
http://www.cnn.com/2011/OPINION/07/11/zelizer.obama.twitter/index.html, Accessed 7/8/13, JC)
During the 1960s, when Presidents Kennedy, Johnson or Nixon spoke, the choice was to hear them or
turn off the television and radio. Today, if President Obama wanted to conduct a fireside chat, it is
doubtful that many people would be listening.
With the end of the Fairness Doctrine in 1987, the media were also able to shed the appearance of
neutrality and objectivity. Every perspective did not have to receive equal time. On many television
and radio stations, objective reporters have been replaced with openly partisan commentators. Any
presidential message is quickly surrounded by polemical instant commentary that diminishes the
power of what he says.
Making matters worse, on the Internet, presidents can't even fully control the time they have as they
must compete with live blogs and video commentary as they try to share their message. Even within
most households, the era of the single family television is gone. Now in many middle-class families
everyone has their own media and is watching their own thing.
President Obama has gone to great lengths to find new ways to reach the American people. But he is
trying to achieve a 20th-century goal in a century when it is no longer possible. The reality is that
presidents, Democrat or Republican, will have to find new ways to exercise what power they have
and should no longer expect the opportunity to simply take their case to the public.
Obama cant use the bully pulpithis agenda gets drowned out by other issues
Goldman, Bloomberg News chief White House correspondent, 5/23/13
(Julianna, May 23 2013, Bloomberg News, Obama Bully Pulpit Bullied With Congress Probes
Obscuring Agenda, http://www.bloomberg.com/news/2013-05-24/obama-bully-pulpit-bullied-withcongress-probes-obscuring-agenda.html, Accessed 7/8/13, JC)
President Barack Obama renewed his oath of office in January vowing to use the bully pulpit to rally
the American people around his second-term agenda.
Now, with a trio of controversies fueled by relentless attacks from congressional Republicans, the
limits of the presidential megaphone are on display.
No Opinion Shift
Bully pulpit is only effective on issues popular with the publicpushing
controversial policies backfires
National Journal 5/30/13
(Sophie Quinton, The Bully Pulpit Wont Help Obama Get a Grand Bargain,
http://www.nationaljournal.com/whitehouse/the-bully-pulpit-won-t-help-obama-get-a-grand-bargain20121029, Accessed 7/8/13, JC)
The Obama campaign believes in taking its message to the American people. But history shows that,
when it comes to the tough issues, use of the bully pulpit can backfire. As Congress faces its toughest
negotiating challenge yet, the next president may want to consider keeping a low profile.
The bully pulpit can work when a president takes advantage of a groundswell of public support that
already exists. But when a president takes a high-profile stance on a controversial issue, it makes it
harder for the opposing party to support his plan.
When you raise the profile of the issues, you also raise the political stakes for members of Congress
on both sides of the aisle. It makes it harder for the members of your own party to oppose you, but it
makes it harder for members of the opposite party to support you, said Frances Lee, professor of
American politics at the University of Maryland.
President George W. Bush launched his second term with a very public push for Social Security
privatization. He got nowhere. In fact, public support declined, Lee said.
We determined that if we were going to have a chance to get Social Security reformed it was not going
to be the kind of thing that we could just get done, quietly, in Congress, said Tony Fratto, a partner at
Hamilton Place Strategies and former communications adviser in the Bush White House. The Bush team
believed that the public first needed to learn why privatization made sense, Fratto said.
My instinct would always be to go out and try to educate more when it comes to complicated issues,
Fratto said. But he admitted that an aggressive communications strategy on such issues hasnt had the
best track record.
President Clinton campaigned all around the country to try to raise support for his health care plan
and failed. The Obama White House tried everything from speeches and town hall meetings to blog
posts and tweets to try to rally the public around health care reform. The lawwhich was based on
what were initially Republican ideaswas rammed through Congress on a party line vote.
Democrats love it. Republicans despise it.
President Reagan, remembered as the great communicator, had the benefit of a cross-party
coalition in Congress that no longer exists, Lee said.
Theory Aff
DA Not Intrinsic
A logical policymaker could pass the plan and the agenda itembills are considered
separately
Uniqueness
Wont Pass
House version of the bill wont pass the Senate too watered down
Macri, The Daily Caller, 6/17/14
[Giuseppe, 6/17/14, The Daily Caller, Senators Reject Watered Down NSA Reform,
http://dailycaller.com/2014/06/17/senators-reject-watered-down-nsa-reform/#ixzz35uAU6vGB, accessed
7/13/14, GNL]
Three U.S. senators renewed their intent to drastically curb National Security Agency dragnet
surveillance in a Tuesday op-ed, which criticized the House for passing watered down reform.
Kentucky Republican Rand Paul along with Democrats Ron Wyden of Oregon and Mark Udall of
Colorado pledged to fight such limited legislation aimed at reducing the size, scope and authority of
the National Security Agency in the wake of the bulk surveillance leaks by former contractor Edward
Snowden.
This is clearly not the meaningful reform that Americans have demanded, so we will vigorously
oppose this bill in its current form and continue to push for real changes to the law, the lawmakers
wrote in the Los Angeles Times.
This firm commitment to both liberty and security is what Americans including the dedicated men
and women who work at our nations intelligence agencies deserve, they said. We will not settle for
less.
According to the senators, real bulk surveillance reform must close the loophole allowing NSA to
surveil the emails of some Americans without warrants, add a special privacy advocate to the
Foreign Intelligence Surveillance Court (which oversees intelligences agencies legal authority) and
end the bulk collection of Americans phone records.
In its original form the U.S.A. Freedom Act contained all of those measures, all of which were
compromised, edited or retracted before the bill went to the floor for a vote last month.
The privacy advocates position was reduced to a friend-of-the-court panel, and concerns have since been
raised that the bill in its current form could actually allow for a new form of spying on Americans phone
calls.
Although the bill approved by the House is intended to end bulk collection, we are not at all
confident that it would actually do so, the senators wrote.
The bill is currently undergoing committee scrutiny in the upper chamber, where lawmakers across
the aisle have expressed concerns over both its potential to limit important programs critical to national
security, and its potential to fall short of protecting the privacy of Americans electronic communications.
Internal Link
Sen. Saxby Chambliss (R-Ga.) said the surveillance reform bill that passed the House last month goes
too far in ending some of the National Security Agencys (NSA) sweeping surveillance programs.
I actually think they went a little bit too far on the bulk collection side of it, Chambliss the top
Republican on the Senate Intelligence Committee said Tuesday while speaking a Bloomberg
event on cybersecurity.
In May, the House passed the USA Freedom Act, aimed at reining in and increasing transparency and
accountability around the NSAs surveillance programs.
Though a compromise version of the bill was unanimously passed by the House Intelligence and
Judiciary Committees which had warred over who had ultimate jurisdiction privacy advocates and
some House members said the bill as further watered down after the committees votes and does not do
enough to end bulk surveillance.
On Tuesday, Chambliss said he thinks the House bill is actually too aggressive, but said he is open to
discussing some changes to the surveillance programs, including increased transparency measures and
shorter retention periods for data.
Its not going to be easy to bring together the senators on opposite sides of the spectrum when it
comes to surveillance reform, he said, adding that he welcomes the debate.
Chambless said that he and Senate Intelligence Committee Chairwoman Dianne Feinstein (DCalif.) and House Intelligence Committee Chairman Mike Rogers (R-Mich.) and ranking member
Dutch Ruppersberger (D-Md.) will be able to reconcile any differences between the House bill and
a reform bill that comes out of the Senate.
Im confident that Rogers, Ruppersberger, Dianne and I can bridge that gap quickly if we can get a bill
out of the Senate, he said.
The Senate Intelligence Committee has a hearing on surveillance reforms scheduled for Thursday, the one
year anniversary of the first leaks from former NSA contractor Edward Snowden that prompted the calls
for surveillance reform.
Senate Judiciary Chairman Patrick Leahy (D-Vt.) co-author of the USA Freedom Act said his
committee will turn to surveillance reform this summer.
Impact Turns
EU Relations
Resolving NSA controversy solves EU-US relations
Dempsey, Carnegie Europe senior associate, 14
[Judy, 2-3-14, Carnegie Europe, Kerrys Lost Opportunity for Transatlantic Relations,
http://carnegieeurope.eu/strategiceurope/?fa=54408, 7-13-14, AAZ]
When U.S. Secretary of State John Kerry flew into Berlin on January 31, expectations were high that
the United States was finally taking seriously its allies anger about the National Security Agencys
pervasive spying.
U.S. snooping is an issue that is refusing to disappear from German newspaper headlines . Crucially,
it is increasingly straining transatlantic relations a situation that neither the Americans nor the
Europeans can afford to ignore.
At a meeting with German Chancellor Angela Merkel, Kerry spoke casually of bumps in the road.
Yet he gave absolutely no reassurance about the United States future policy on spying, neither
during his Berlin meetings nor afterward at this years Munich Security Conference.
In fact, when he spoke to his audience of high-ranking politicians, diplomats, and foreign and security
policy specialists in the Bavarian capital, he didnt even mention the NSA. Nor did U.S. Defense
Secretary Chuck Hagel bother to raise the issue publicly.
That was a mistake .
It is not only the German public that needs reassurances and explanations about the scope of the
NSAs reach. It is about restoring trust between the United States and all its European allies. Given
the huge issues that governments on both sides of the Atlantic have to tackle, such trust is necessary more
than ever.
If the administration of U.S. President Barack Obama wants to start rebuilding trust in the
transatlantic relationship , it needs to embark on much more active public diplomacy . And that
means sending very senior people to European countries to do just that, said Toomas Hendrik Ilves, the
president of Estonia, who also took part in the Munich summit.
In that sense, Kerry and Hagel squandered the opportunity to use the high-level conference as a platform
to reach out to German and European audiences. The pair did nothing to address the trend identified
in a recent poll by German public television that only 57 percent of Germans believe that relations with
the United States are good, down from 92 percent in 2012.
Instead, Kerry spent much of his speech recalling his childhood in Europe and stressing Americas
commitment to NATO and to Europe. He and Hagel cited all the places and all the conflicts in which the
United States was engaged, to prove that America was not turning in on itself. In short, conference
participants were told that everything was just fine with the transatlantic relationship.
That's what German Chancellor Angela Merkel firmly asserted early Friday -- as she had the previous day
-- in the wake of reports the U.S. National Security Agency had eavesdropped on her cell phone.
This claim and others that she and other world leaders have been spied on had " severely shaken"
relationships between Europe and the United States , the German leader said.
"Obviously, words will not be sufficient ," Merkel said in the wee hours Friday at a summit of European
Union leaders. "True change is necessary ."
On Friday President Obama will unveil his plan to curb the surveillance practices of the National
Security Agency (NSA). When he does, he could inadvertently give a boost to the ambitious U.S.European Union free trade negotiations. Last June, just weeks before the first round of
Transatlantic Trade and Investment Partnership (TTIP) negotiations, Edward Snowden revealed
that U.S. government agencies were collecting millions of European citizens personal data. Though
TTIP is colloquially known as a trade agreement, its primary focus is regulatory barriers, not
lowering tariffs. The United States wants to use TTIP to prevent barriers to the international
transfer of personal datathe very data that the NSA was collecting in bulk. The disclosures
provoked outrage among EU officials, and several European heads of state threatened to call off the
trade talks . Though negotiations have since begun, European concerns about privacy need to be
alleviated in order to ensure the continued free flow of data. In recent months the EU has dropped its
strident rhetoric and began to seek compromise with the United States. President Obama should take
advantage of the opening.
Privacy is considered a fundamental human right in Europe. In 1995 the EU passed the Data
Protection Directive, which codified the right to privacy of personal data. This directive prohibits the
transfer of an individuals personal information to countries that the European Union deems to have
inadequate privacy standards, including the United States. Transferring personal data such as names,
credit card information, birthdates, or telephone numbers across borders is essential to international trade,
and has only grown more important with the rise of the Internet economy. In order to ensure that this type
of data could continue to be exchanged, the two parties established a Safe Harbor agreement in 2000.
This agreement allowed American companies that voluntarily complied with the Data Protection
Directive to transfer personal information back to the United States.
In response to the Snowden revelations, the European Parliament called for a full review of the Safe
Harbor program, which was led by the European Commissions Justice Minister Viviane Reding. In the
wake of the disclosures, Ms. Reding was among the most outspoken critics of the Safe Harbor agreement.
She argued that Safe Harbor could be a loophole undermining EU data protection laws, and that it was
time for the development of European clouds so that the U.S. government could not access European
citizens data.
The two sides came to a working agreement in early July, launching separate privacy negotiations
alongside TTIP. In theory this structure would allow the trade negotiations to continue even if the two
sides could not agree on how to proceed on privacy. In reality, it would be nearly impossible to
European leaders continue to squabble about efforts needed to end the euro crisis, but they have
coalesced around calls in late January 2012 by German Chancellor Merkel, French President Sarkozy
and British Prime Minister Cameron to open transatlantic markets. US President Obama has also
Europe's ongoing economic crisis and the evident discord among its key leaders have profound
implications for the United States. Despite a new agreement during the most recent European Union
summit last month, the crisis will likely endure for some time, with unpredictable political and
economic consequences. Visionary and determined American leadership is essential both to help some
of our closest and oldest allies and to protect our national interests, domestically and internationally.
The deep links between the American and European economies are not always fully appreciated.
According to a recent study by the German Marshall Fund, European investment amounted to 72% of
total foreign direct investment in the U.S. in 2010. U.S.-EU merchandise trade reached $632 billion in
2011.
The same study found that affiliates of European majority-owned companies employed 3.5 million
Americans in 2010. Europe's economic health has a clear, direct and unparalleled impact on America's
economy and American jobs.
The danger posed by Europe's crisis to American interests is not solely economic. Even before the
euro crisis, our European allies were contributing less and less to sustaining the North Atlantic Treaty
Organization, with the U.S. share of the costs rising to 70.5% in 2011, up from 63.6% in 2000. The crisis
is sure to put further downward pressure on European defense spending. NATO was wholly
unsuccessful in addressing this problem at its May summit.
The real-world consequences were apparent during NATO's operations in Libya last year , when
some allies nearly ran out of precision bombs. Looking ahead, though NATO members have formally
committed to supporting Afghanistan's government as most foreign military forces withdraw, their
ability to do so is increasingly in question.
More broadly, a Europe compelled to focus inward to preserve the euro and the EUalready topics of
heated debate within and among European nationswill be less capable of leading globally. It will also