News for hackers. Stuff that matters.
Re:President Obama Calls for a Free and Open Internet by revscat on Monday November 10, 2014 @10:31AM (#8584037)
Let me explain a few things about the American government.

The most important thing to understand is that the ability of the executive to influence the direction of the government is limited. The reasons for this are several, but I will try to elucidate a few here.

First, it is commonly believed that because of the ability to hire/fire people the President can more or less do whatever he wants in regards to the direction of various governmental agencies. This true to an extent, but to a much more limited extent than is commonly believed. The President can nominate candidates for various positions, but these positions must be approved by Congress. Since President Obama has had a Congress whose primary tactic is to oppose everything the president wants, regardless of merits, this has severely limited his ability to get policies in place that he has otherwise wanted. This applies both to agencies like the FCC (the current chairman was Obama's third choice, IIRC; the other two were filibustered), as well as the judiciary.

Second, the government itself is made up largely of agencies which are outside of the ability of the democracy to affect. This includes the military, the intelligence agencies, and the federal law enforcement agencies. (You could arguably include the Federal Reserve here, as well.) These are what Lofgren[1] calls the "Deep State". They are almost completely unaffected by elections, especially of Democratic presidents, and seek ever to increase their power and funding. Efforts to rein them in are rarely, if ever, successful.

Third, the current state of affairs re: intelligence gathering, etc., began in earnest with the passage of the National Security Act of 1947.[2]

So while it may be convenient to blame Obama for the current state of government, it is overly simplistic. It has nothing to do with any cult of personality, but rather a simple recognition of the current realities of political power and the various players.

[1] http://billmoyers.com/2014/02/21/anatomy-of-the-deep-state/

[2] http://en.wikipedia.org/wiki/National_Security_Act_of_1947

Re:President Obama Calls for a Free and Open Internet by 300bps on Monday November 10, 2014 @10:49AM (#8584162)
The President can nominate candidates for various positions, but these positions must be approved by Congress.

President Obama was inaugurated January 20, 2009. At that time, his Democratic party controlled both houses of Congress decisively[1]. It was not until 2011 that his party lost the house. And in fact, his party still retains the Senate but will lose it in January 2015. But it is only the Senate that approves appointments and his party has controlled it the entire time he has been President. And if you look at the make up of his cabinet, you will see that he has been able to fill it with people that are reviled by the opposing party [2]. To say that he hasn't gotten his way on the vast majority of cabinet appointments just isn't true.

Second, the government itself is made up largely of agencies which are outside of the ability of the democracy to affect. This includes the military

The President is the Commander in Chief of the military. He exercises complete authority over them. [3] All the heads of the other agencies you listed are appointed by the President including the Federal Reserve.

Your comment is typical of the current rhetoric surrounding attempting to "debunk" the thought that the President has substantial power. The fact is the President does have substantial power and saying otherwise is merely attempting to excuse the performance of Obama that so many people are disappointed with.

[1] http://en.wikipedia.org/wiki/Party_divisions_of_United_State...

[2] http://en.wikipedia.org/wiki/Cabinet_of_the_United_States

[3] http://en.wikipedia.org/wiki/Commander-in-chief#United_State...

Re:President Obama Calls for a Free and Open Internet by revscat on Monday November 10, 2014 @11:04AM (#8584281)
> But it is only the Senate that approves appointments and his party has controlled it the entire time he has been President.

This is irrelevant, since the minority party can filibuster any nominations, and they have used done so extensively throughout Obama's tenure. In this regard, the party with the majority simply does not matter.

> The President is the Commander in Chief of the military. He exercises complete authority over them.

Again, I believe that this is an overly simplistic view of the Presidency. There are political realities around what Presidents can and cannot realistically do that contradict the "ultimate power" view of the Executive branch.

> All the heads of the other agencies you listed are appointed by the President including the Federal Reserve.

With Senate approval, and where no filibusters have been threatened or executed. And remember, there have been more filibusters during Obama's tenure than at any other time in history.

> The fact is the President does have substantial power and saying otherwise is merely attempting to excuse the performance of Obama that so many people are disappointed with.

Not at all. I am disappointed in the American government itself. I have never voted for Obama, and am merely stating my thoughts as an amateur observer. But if there is ever going to be any positive change in limiting Federal power viz. the military, intelligence agencies, or LEO, then clarity of causality is important.

Re:President Obama Calls for a Free and Open Internet by king_jester on Monday November 10, 2014 @10:53AM (#8584193)
At no point since 2009 did the Democrats control 60 or more seats in the Senate, which would be a requriement to beat a filibuster from the opposing party. So no, the Democratic party did not have a free license for appointee approvals.

EDIT: Came to my attention that Democrats did have a exactly 60 seats in the Senate for a brief period before Ted Kennedy passed away and his seat was won by Scott Brown in 2009. However, the point still stands that there was a very brief period over a span of 5 years where control of Congress was even possible for Democrats.

Re:President Obama Calls for a Free and Open Internet by Shivetya on Monday November 10, 2014 @11:59AM (#8584656)
as they passed the ACA, they simply changed to rules to use the reconciliation process to pass what they wanted without the Republicans being able to say a word.

Reid was pro at changing the rules to prevent opposing views, people need to understand just how much of the problems in th Senate were his doing and his doing alone. Mister Nuclear just got nuked by the electorate

Re:President Obama Calls for a Free and Open Internet by king_jester on Monday November 10, 2014 @12:21PM (#8584808)
> as they passed the ACA, they simply changed to rules to use the reconciliation process to pass what they wanted without the Republicans being able to say a word.

Not quite. The Democrats had 60 Senate seats for a very brief period before Scott Brown took over Ted Kennedy's seat when he passed away. The main ACA bill in the senate was passed with 60 votes the normal way. A second bill that was to modify that bill was passed with reconciliation as a way to get members of the House to drop their version of ACA, accept the currently passed Senate version, and then modify that to appease some of the concerns of various congresspeople.

> Reid was pro at changing the rules to prevent opposing views, people need to understand just how much of the problems in th Senate were his doing and his doing alone. Mister Nuclear just got nuked by the electorate

I so very much hate the 'going nuclear' talk. Filibuster breaks at 60 votes is a shit idea in the first place, plus changing it only in one case for appointments is hardly shaking up the political order at large. In fact, the reluctance to do it for all types of votes shows how conservative leadership for the dems were being.

Re:President Obama Calls for a Free and Open Internet by commandar on Monday November 10, 2014 @12:18PM (#8584788)
>as they passed the ACA, they simply changed to rules to use the reconciliation process to pass what they wanted without the Republicans being able to say a word.

Untrue. Fillibuster rules were only changed in late 2013, after years of being unable to even get votes on nominees.

Re:President Obama Calls for a Free and Open Internet by cpleppert on Monday November 10, 2014 @12:20PM (#8584800)
>>as they passed the ACA, they simply changed to rules to use the reconciliation process

No they passed the bill with 60 votes during the only time they actually had a supermajority. There were no rules changes needed or required. ACA was passed and signed before changes were made in the reconciliation process.

Re:President Obama Calls for a Free and Open Internet by 300bps on Monday November 10, 2014 @10:59AM (#8584236)
They had 58 votes in 2009 which was darned close and they only needed one Republican to switch sides to stop a filibuster.

Other than that, I guess you don't follow the news much. Harry Reid changed the Senate Rules in 2013 to disallow filibusters of appointments.

http://www.washingtonpost.com/politics/senate-poised-to-limi...

Re:President Obama Calls for a Free and Open Internet by owenmarshall on Monday November 10, 2014 @11:38AM (#8584527)
> Other than that, I guess you don't follow the news much. Harry Reid changed the Senate Rules in 2013 to disallow filibusters of appointments.

Which lead to Republican senators using another procedural technique (refusing unanimous consent) to slow down appointments.[1] This means appointments were delayed for days, and even weeks, after which time the same obstructing senators often voted for the appointee anyways.

It's disingenuous to claim that appointments would go through scot free after Reid altered Senate procedures.

1: http://www.huffingtonpost.com/2014/05/21/senate-filibuster-r...

Re:President Obama Calls for a Free and Open Internet by cpleppert on Monday November 10, 2014 @12:22PM (#8584818)
There is no difference between refusing unanimous consent and a filibuster. Reid just changed the cloture requirement to 51 from 60.
Re:President Obama Calls for a Free and Open Internet by noobermin on Monday November 10, 2014 @11:31AM (#8584473)
Ironically, the fact they changed the rules speaks against your claim that Obama could easily instate who he wanted. In fact, from the article you posted, it gives a graph that shows that more filibusters have been filed in the previous three senates than have been in recent history.

This [1] shows a breakdown that includes filibusters of nominations.

To further refute your point, the appointment relevant to the discussion, Wheeler, assumed office after the rule change[2].

[1] http://www.nytimes.com/interactive/2013/11/21/us/politics/se...

[2] http://en.wikipedia.org/wiki/Tom_Wheeler

Re:President Obama Calls for a Free and Open Internet by Amezarak on Monday November 10, 2014 @06:39PM (#8587374)
It's not just filibusters, even. Senators can also issue "secret" holds. At one point, Jeff Sessions (R-AL) put a hold on every single nominee simultaneously until some pork was added to a defense spending bill.

These holds have been common practice and they are very rarely publicized.

Re:President Obama Calls for a Free and Open Internet by techsupporter on Monday November 10, 2014 @11:04AM (#8584282)
> The President is the Commander in Chief of the military. He exercises complete authority over them.

No, he doesn't. The Constitution specifically limits the President's ability to make war and wage military campaigns. He has a great deal of authority but even the US' current adventures in Afghanistan and Iraq are backed by Congress' approval through passed laws.

> At that time, his Democratic party controlled both houses of Congress decisively.

This displays a lack of insight around the Democratic party. Senator Lieberman was nominally a Democrat but he voted more often with the Republicans in the last few years of his career in the Senate. So-called "blue dog Democrats" are more conservative than you might think; that's why we got such grand bargains as the "Cornhusker Kickback" during the PPACA debates.

In reality, the President's party firmly controlled roughly 51-54 votes in the Senate with the remainder of the "majority" part of the coalition as a result of them simply not being as good a fit with the Republicans. That has arguably been one of the Democrats' greatest weaknesses: the Republican party has demonstrated its ability to move in lockstep even when some members disagree. The Democrats have not.

Re:President Obama Calls for a Free and Open Internet by twoodfin on Monday November 10, 2014 @11:10AM (#8584327)
Absolutely none of this has any bearing on whether President Obama could call the NSA director into his office today and order him end all mass surveillance programs. Which he could, and his order would be obeyed. That he chooses not to is a practical political issue, not a legal one.

[EDIT: Well, he couldn't literally call anyone into the Oval Office today, since he's in Beijing, but a phone call would work just as well.]

Re:President Obama Calls for a Free and Open Internet by Amezarak on Monday November 10, 2014 @06:42PM (#8587392)
Ordering an end to all mass surveillance programs would require Congressional approval.
Re:President Obama Calls for a Free and Open Internet by twoodfin on Monday November 10, 2014 @10:53PM (#8588207)
Why?
Re:President Obama Calls for a Free and Open Internet by dragonwriter on Monday November 10, 2014 @01:11PM (#8585143)
> The President is the Commander in Chief of the military. He exercises complete authority over them.

No, he doesn't. The Congress has quite expansive (nearly plenary) power over the military (and to a lesser extent, the militia) expressly in the Constitution. The one limit on that power in the Constitution is that the Congress can't adopt a law giving the supreme command of the military (or the militia, when called into federal service) under the rules they adopt to anyone but the President -- that's what the designation of the President as Commander-in-Chief means.

Re:President Obama Calls for a Free and Open Internet by altcognito on Monday November 10, 2014 @11:15AM (#8584361)
> And if you look at the make up of his cabinet, you will see that he has been able to fill it with people that are reviled by the opposing party

They are reviled because they spend a lot of time demonizing them because this is politics.

Re:President Obama Calls for a Free and Open Internet by smsm42 on Monday November 10, 2014 @02:30PM (#8585668)
>>> Second, the government itself is made up largely of agencies which are outside of the ability of the democracy to affect.

Obama has been at work long and hard to make that the case. Since he has been unable to build any relationship with the Congress, and even holding majorities in both Houses his legislation and nominations had hard time going through, he has taken the decision to leverage his regulatory powers to circumvent the Congress as much as possible. It is not something that just happened - it is a deliberate policy which Obama chose. Of course, not him first - many presidents did the same, and some - like FDR - went a lot further than Obama ever did - but Obama is among those who believes in the Deep State and uses and intends to use it to the fullest extent possible. So if there is to be effort to rein them in, Obama is not your guy - he is the opposite of your guy. Of course, the blame does not lie solely or even primarily with Obama - it started long before him and undoubtedly won't end when he retires. But he is contributing as much as he is able to the raise of the power of the regulatory agencies and their ability to conduct policy completely independently of the Congress.

Re:President Obama Calls for a Free and Open Internet by noobermin on Monday November 10, 2014 @12:00PM (#8584657)
While I've suspected that the "deep state" as you and your source calls it are "behind the scenes", Obama did come out in support of the intelligence community after the Snowden leaks, so he certainly did not oppose them completely. [1]

While I'm happy Obama is supporting net neutrality, I don't find him blameless.

[1] You didn't explicitly say that Obama really desired to reign in this "deep state," just that any attempt to do so would be difficult. If you did not mean that, I apologize.

Re:President Obama Calls for a Free and Open Internet by revscat on Monday November 10, 2014 @12:18PM (#8584792)
No, I did not mean that. And I certainly believe that there are actions that the President could take that would help to promote a more limited role for the intelligence agencies, etc. I do believe, however, that the ability for any President to limit the power of the government is limited both by Congressional action and by the government itself. No agency wants to see its powers reduced, and will oppose any measures which could affect them.

Basically, any president which seeks to limit the existing power of government institutions will run into institutional resistance.

Re:President Obama Calls for a Free and Open Internet by fleitz on Monday November 10, 2014 @12:59PM (#8585066)
The NSA spying program is authorized by executive order not statute.

It's a signature away from ending. And Obama can forward any issues to the DoJ. If he wanted to end the NSA spying program he could simply have Holder charge those involved.

Obama is always powerless whenever people want him to do something he doesn't want to do, but to summarily try, convict, and execute a US child is apparently within his power.

Re:President Obama Calls for a Free and Open Internet by Sven7 on Monday November 10, 2014 @11:23AM (#8584410)
"First, it is commonly believed..."

And why do these common beliefs exist?

Re:President Obama Calls for a Free and Open Internet by aero142 on Monday November 10, 2014 @11:34AM (#8584492)
Because American exceptionalism is a core element of national identity, and includes the idea that all elements of American government are basically democratic. This believe is convenient for those in power who are not very accountable to the electorate and is a deeply held idea by voters in the United States. When deeply held ideas conflict with reality, beliefs will usually stay and reality is the one that is discarded.
Re:President Obama Calls for a Free and Open Internet by fulafel on Monday November 10, 2014 @01:21PM (#8585213)
> Let me explain a few things about the American government. The most important thing to understand is that the ability of the executive to influence the direction of the government is limited.

Compared to most other parliamentary democracies the president in USA is nearly a dictator. So Obama has exceptionally broad abilities in that direction.

Re:President Obama Calls for a Free and Open Internet by ep103 on Monday November 10, 2014 @01:34PM (#8585307)
Compared to most other parliamentary democracies, is not even comparable. In parliamentary democracies, political parties can almost never survive by completely stonewalling the opponent in power, as by nature of being a parliamentary democracy, opposition parties are forced to work together, or form alliances with one another, in order to function.
Re:President Obama Calls for a Free and Open Internet by venomsnake on Monday November 10, 2014 @04:02PM (#8586399)
Totally wrong. In other parliamentary democracies the winning parties/coalitions get on a plate executive and legislative branches simultaneously and big ability to influence judiciary.

Sources: I live in one.

Re:President Obama Calls for a Free and Open Internet by fulafel on Monday November 10, 2014 @04:40PM (#8586676)
This was about president's powers, not what winning party/coalition in parliamentary elections gets. Parliamentary systems with active (but less powerful vs the US) presidents such as France, Finland, etc. (but re your tangent, minority governments happen and are common in some places. See eg. Denmark)
Re:President Obama Calls for a Free and Open Internet by SergeyB on Monday November 10, 2014 @11:50AM (#8584598)
That`s what it supposed to be like and we wish it was. In reality, starting with Iraq war, Patriot Act, Health Care, Bailouts and much more, didnt have time for debates in Congress. President pushed it, Congress approved. President is Executive branch of government, therefore can pass a new law just by signing it without approval of Congress. Example Executive Order 13233 (signed by Bush, makes President an exception from Freedom Of Information Act)
Re:President Obama Calls for a Free and Open Internet by mturmon on Monday November 10, 2014 @12:53PM (#8585036)
"President is Executive branch of government, therefore can pass a new law just by signing it without approval of Congress."

This is false. The president can change interpretations of law (this is how E.O. 13233 was couched), but cannot pass a new law on his own. This is in Articles I and II of the Constitution.

In time of war or crisis, people will allow generous interpretations of the President's role to interpret the law, but time catches up.

Obviously Health Care (i.e., ACA) caused huge debate and negotiation with Congress.

The Iraq War resolution (the 2002 one) was a different situation in which Congress passed a wishy-washy resolution that was, in typical fashion, over-extended by the Bush administration. But Congress went along.

Re:President Obama Calls for a Free and Open Internet by SergeyB on Monday November 10, 2014 @02:32PM (#8585680)
Whatever. You can call it anything you like : act, interpretation, change, results are the same. If President signs piece of paper that restricts your liberties, then he has power to change the law, and that power is substantial - that was my point.
Re:President Obama Calls for a Free and Open Internet by aeturnum on Monday November 10, 2014 @12:01PM (#8584667)
I think you're way too easy on congress (and they will happily pass the buck for unpopular decisions to the president). They could have done more, but chose not to. This is not a case of the president "pushing" their agenda through, but of the president's agent coinciding with the agendas of congress.
Re:President Obama Calls for a Free and Open Internet by dragonwriter on Monday November 10, 2014 @12:59PM (#8585072)
> President is Executive branch of government, therefore can pass a new law just by signing it without approval of Congress. The executive branch of government executes laws, it does not (and Constitutionally cannot) create them. Executive orders are valid to the extent that they direct actions within the executive branch within the laws binding that branch and apply only powers the President has under the Constitution and laws.

The practical distinction may vanish when the other branches do not effectively check the executive when it exceeds its Constitutional power, but that's not inherent in the President heading the Executive branch -- the same is equally true of excesses in other branches, though the unitary nature of the executive provides less of an intra-branch check on abuses by the President than exists for any actor in the legislative or judicial branches (though collective excesses, such as -- as a purely hypothetical example -- the Supreme Court intruding into Congress' Constitutional role in judging the propriety of Presidential electoral votes including the process by which they are assigned -- can still occur and be problematic if left unchecked by the other branches.)