Mayon Volcano may erupt soon

Saturday, July 11, 2009

MAYON Volcano could erupt any time soon, the Philippine Institute of Volcanology and Seismology (Phivolcs) warned on Friday.

Phivolcs raised the alert status to “moderate unrest” from “low-level unrest” for one of the country’s most active volcanoes.

Residents were reminded not to venture into a “permanent danger zone” in a six-kilometer (nearly four-mile) radius from the crater.

The zone was also extended to seven kilometers on its southeast flank, which faces Legazpi City, the capital of Albay province in the Bicol region, and its 160,000 residents.

“This alert condition signifies a state of unrest, which could lead to ash explosions or eventually to hazardous magmatic eruption,” Phivolcs said in its latest advisory.

The increased frequency of low-level volcanic quakes had pushed toward the crater lip “a cone-shaped pile of hot, steaming old rocks, possibly remnants from previous eruptions which could be the source of the glow at the crater,” it added.

Phivolcs Director Renato Solidum said that the immediate danger if volcanic activity escalates was of ash explosions that could affect aviation at the Legazpi Airport or crush roofs of nearby houses.

“Sudden explosions and rockfalls from the upper slopes” are also a threat, the advisory said.

In Legazpi City, Ed Laguerta, Phivolcs resident volcanologist, said, “Active river channels and those areas perennially identified as lahar-prone in the southeast sector should also be avoided especially during bad weather or when there is heavy and prolonged rainfall.”

“Glow at the summit crater has intensified and could now be observed at Lignon Hill observatory without the aid of telescopes,” Laguerta added.

Gov. Joey Salceda of Albay immediately convened officials in threatened localities, which include the towns of Camalig, Daraga, Guinobatan, Malilipot and Santo Domingo and the cities of Legazpi, Ligao and Tabaco after the volcano showed signs of eruption.

Mayon Volcano has erupted 48 times since records began, most recently in 2006. A major eruption in 1814 buried the town of Cagsawa.

SOURCE: The Manila Times Online, http://www.manilatimes.net/national/2009/july/11/yehey/top_stories/20090711top7.html

Palace pooh-poohs WB’s negative economic forecast

Malacanang Palace belittled a recent World Bank (WB) negative economic forecast for the country, saying that the Philippine economy remains strong and resilient despite the global economic crisis.

Gary Olivar, the deputy presidential spokesman for economic affairs, told a press conference on Friday that the government takes the concerns of the WB seriously but he believes that the country could overcome the challenges posed by the economic crisis.

“We have reason to believe that we should have more confidence in our people, in our leadership than they [WB] seem to have. If we look at the resiliency of the economy, the way it performed from the first quarter, if we look at history, we are capable of pulling out surprises for the experts abroad,” he said.

According to Olivar, the World Bank made a wrong comparison when it compared the recent situation to the Asian financial crisis in 1997 because the two, he said, are entirely different.

“They [WB] are saying that we are showing slight negative growth of 0.5 percent similar to what happened right after the Asian financial crisis and with that view, of course, I would like to point out that is different from the situation that we have now,” Olivar said.

During the same press conference, Press Secretary Cerge Remonde said that the World Bank’s forecast was based on the assumption that remittances from overseas Filipino workers (OFWs) are dwindling when, he added, it is not the case.

“Many of these analyses of forecasts that tend to underestimate our economic performance are based on certain assumptions, [such as that] there will be a significant decrease in the remittances of OFWs. This is far from the truth because records will show that despite the onslaught of the economic crisis, there has been no significant decrease in the remittances of OFWs and on the contrary their remittances continue to increase,” Remonde said.

The World Bank expects the Philippine economy to contract 0.5 percent in 2009.

It said that most Filipinos are refusing to spend their extra cash for fear that foreign financial institutions that hold their savings might fail.

The WB added that remittances, a major source of disposable income of Filipinos, would contract by 4 percent in dollar terms this year but would post a 2-percent recovery in 2010.

The local labor market, it said, will also remain sluggish, especially with increased employment in the informal sector, unpaid family workers and the increase in the number of self-employed individuals.

The Philippine economy, the World Bank said, will suffer a recession this year because of its inability to benefit from “green shoots” of the global economy.

Since the country’s major trading partners are the United States, Japan and Europe, economic expansion in China—seen to lead the global development—would have a limited impact on the Philippine exports’ sector, it added.

SOURCE: The Manila Times Online, http://www.manilatimes.net/national/2009/july/11/yehey/top_stories/20090711top2.html

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Betraying the Planet

Published: June 28, 2009

So the House passed the Waxman-Markey climate-change bill. In political terms, it was a remarkable achievement.

But 212 representatives voted no. A handful of these no votes came from representatives who considered the bill too weak, but most rejected the bill because they rejected the whole notion that we have to do something about greenhouse gases.

And as I watched the deniers make their arguments, I couldn’t help thinking that I was watching a form of treason — treason against the planet.

To fully appreciate the irresponsibility and immorality of climate-change denial, you need to know about the grim turn taken by the latest climate research.

The fact is that the planet is changing faster than even pessimists expected: ice caps are shrinking, arid zones spreading, at a terrifying rate. And according to a number of recent studies, catastrophe — a rise in temperature so large as to be almost unthinkable — can no longer be considered a mere possibility. It is, instead, the most likely outcome if we continue along our present course.

Thus researchers at M.I.T., who were previously predicting a temperature rise of a little more than 4 degrees by the end of this century, are now predicting a rise of more than 9 degrees. Why? Global greenhouse gas emissions are rising faster than expected; some mitigating factors, like absorption of carbon dioxide by the oceans, are turning out to be weaker than hoped; and there’s growing evidence that climate change is self-reinforcing — that, for example, rising temperatures will cause some arctic tundra to defrost, releasing even more carbon dioxide into the atmosphere.

Temperature increases on the scale predicted by the M.I.T. researchers and others would create huge disruptions in our lives and our economy. As a recent authoritative U.S. government report points out, by the end of this century New Hampshire may well have the climate of North Carolina today, Illinois may have the climate of East Texas, and across the country extreme, deadly heat waves — the kind that traditionally occur only once in a generation — may become annual or biannual events.

In other words, we’re facing a clear and present danger to our way of life, perhaps even to civilization itself. How can anyone justify failing to act?

Well, sometimes even the most authoritative analyses get things wrong. And if dissenting opinion-makers and politicians based their dissent on hard work and hard thinking — if they had carefully studied the issue, consulted with experts and concluded that the overwhelming scientific consensus was misguided — they could at least claim to be acting responsibly.

But if you watched the debate on Friday, you didn’t see people who’ve thought hard about a crucial issue, and are trying to do the right thing. What you saw, instead, were people who show no sign of being interested in the truth. They don’t like the political and policy implications of climate change, so they’ve decided not to believe in it — and they’ll grab any argument, no matter how disreputable, that feeds their denial.

Indeed, if there was a defining moment in Friday’s debate, it was the declaration by Representative Paul Broun of Georgia that climate change is nothing but a “hoax” that has been “perpetrated out of the scientific community.” I’d call this a crazy conspiracy theory, but doing so would actually be unfair to crazy conspiracy theorists. After all, to believe that global warming is a hoax you have to believe in a vast cabal consisting of thousands of scientists — a cabal so powerful that it has managed to create false records on everything from global temperatures to Arctic sea ice.

Yet Mr. Broun’s declaration was met with applause.

Given this contempt for hard science, I’m almost reluctant to mention the deniers’ dishonesty on matters economic. But in addition to rejecting climate science, the opponents of the climate bill made a point of misrepresenting the results of studies of the bill’s economic impact, which all suggest that the cost will be relatively low.

Still, is it fair to call climate denial a form of treason? Isn’t it politics as usual?

Yes, it is — and that’s why it’s unforgivable.

Do you remember the days when Bush administration officials claimed that terrorism posed an “existential threat” to America, a threat in whose face normal rules no longer applied? That was hyperbole — but the existential threat from climate change is all too real.

Yet the deniers are choosing, willfully, to ignore that threat, placing future generations of Americans in grave danger, simply because it’s in their political interest to pretend that there’s nothing to worry about. If that’s not betrayal, I don’t know what is.

SOURCE: The NY Times Online, 29krugman.html

Photo by Fred R. Conrad/The New York Times

Fellow budding environmentalists can read each of the 1,300 pages  here. It passed in the House; now the Senate. I dare not hold my breath.

House Passes Bill to Address Threat of Climate Change

Published: June 26, 2009

WASHINGTON — Overcoming deep divisions within its Democratic majority, the House passed legislation on Friday intended to address the threat of global warming and transform the way the United States produces and uses energy.

The vote was 219 to 212.

The vote was the first time either house of Congress had approved a bill intended to curb the heat-trapping gases scientists have linked to climate change, and its provisions could lead to sweeping changes in many sectors of the American economy, including electric power generation, agriculture, manufacturing and construction. The House vote also establishes a marker for the United States when international negotiations on a new global climate change treaty begin later this year.

“This legislation will break our dependence on foreign oil, make our nation a leader in clean energy jobs and cut global warming pollution,” said Representative Henry A. Waxman, Democrat of California, a co-sponsor of the bill, adding that Friday’s vote was a “decisive and historic action” that would position the United States as a leader in energy efficiency and technology.

The bill’s provisions forcing reductions in the use of fossil fuel while increasing production of alternative energy sources would produce millions of new jobs, Mr. Waxman said.

But the legislation, a patchwork of compromises, falls far short of what many European governments and environmentalists have said is needed to avert the worst impacts of global warming. And it has pitted liberal Democrats from both coasts against more conservative Democrats from areas dependent on coal for electricity and heavy manufacturing for jobs.

Friday’s vote illustrated that rift: The bill passed by a seven-vote margin, with 44 Democrats voting against it.

As difficult as passage in the House proved, it is just the beginning of the energy and climate debate in Congress, since the issue now moves to the Senate, where political divisions and regional differences are even starker.

At the heart of the legislation is a cap-and-trade system that sets an overall limit on emissions of heat-trapping gases like carbon dioxide while allowing utilities, manufacturers and other emitters to trade pollution permits, or allowances, among themselves. The cap grows increasingly tighter over the years, pushing up the price of emissions and presumably driving industry to find cleaner ways of producing energy.

While some environmental groups supported the legislation, others — Greenpeace, for example — vigorously opposed it. Business groups were also split. Republican leaders called the bill a national energy tax and predicted that those who voted for the measure would pay a heavy price at the polls next year.

“No matter how you doctor it or tailor it,” said Representative Joe Pitts, Republican of Pennsylvania, “it is a tax.”

Only eight Republicans voted for the bill, which runs to more than 1,300 pages.

Apart from its domestic implications, the bill is a show of resolve that American officials can point to when negotiating the new global climate change treaty, after years of American objections to binding limits on carbon dioxide emissions.

The German chancellor, Angela Merkel, who was in Washington Friday to meet President Obama, strongly endorsed the bill even though it fell short of European goals for reducing the emissions of heat-trapping gases.

Ms. Merkel, a longtime advocate of strong action to cut carbon dioxide emissions, has been pushing the United States to take a leading role in advance of the global climate negotiations set for December in Copenhagen.

After meeting with Mr. Obama, she said she had seen a “sea change” in the United States on climate policy that she could not have imagined a year ago when President George W. Bush was in office.

“This really points to the fact that the United States is very serious on climate,” Ms. Merkel said.

The compromises in the bill were necessary to attract the support of Democrats from different regions and ideologies. In the months of horse-trading leading to Friday’s vote, the bill’s targets for emissions were weakened, its mandate for renewable electricity was scaled back, and incentives for various industries from automobiles to natural gas were sweetened.

The final bill intends to reduce overall heat-trapping gases in the United States by 17 percent of 2005 levels by 2020, and 83 percent by mid-century.

When the program is scheduled to begin in 2012, the estimated price of a permit to emit a ton of carbon dioxide will be about $13. That is projected to rise steadily as emission limits come down, but the bill contains a measure to prevent costs from rising too quickly in any one year.

The bill grants a majority of the permits free in the early years of the program, to keep costs low. The Congressional Budget Office estimated that the average American household would pay an additional $175 a year in energy costs by 2020 as a result of the provision, while the poorest households would end up with $40 in rebates.

Several House members expressed concern about the new market to be created in carbon allowances, saying it posed the same risks as markets in other kinds of derivatives. Regulation of such markets would be divided among the Commodity Futures Trading Commission, the Treasury Department and the Federal Energy Regulatory Commission. The bill also sets a national standard of 20 percent for the production of renewable electricity by 2020, although a third of that could be met with efficiency measures rather than renewable energy sources like solar, wind and geothermal.

It also devotes billions of dollars to new energy projects and subsidies for low-carbon agricultural practices, clean-coal research and electric vehicle development.

SOURCE: The NY Times Online, 27climate.html?_r=1&hp

Everything you always wanted to know about the Waxman-Markey energy/climate bill—in bullet points


You keep hearing about the Waxman-Markey climate and energy bill—aka the American Clean Energy and Security Act, ACES, H.R. 2454—but what’s actually in it?  We combed through the 946-page beast so you don’t have to.

Here are the highlights of the bill, which is sponsored by Reps. Henry Waxman (D-Calif) and Ed Markey (D-Mass.) and was passed by the House Energy and Commerce Committee on May 21.

Renewable electricity standard

The bill creates a renewable electricity standard (RES) that would require large utilities in each state to produce an increasing percentage of their electricity from renewable sources. Qualifying renewable sources are wind, solar, geothermal, biomass, marine and hydrokinetic energy, biogas and biofuels derived exclusively from eligible biomass, landfill gas, wastewater-treatment gas, coal-mine methane, hydropower projects built after 1992, and some waste-to-energy projects.

The RES:

  • Requires 6 percent of electricity to come from renewables by 2012
  • Requires 20 percent of electricity to come from renewables by 2020
  • Up to 5 percent can actually come from efficiency improvements
  • If a state determines that its utilities cannot meet the target, the efficiency component can be increased to 8 percent and the renewable component decreased to 12 percent

Emission cuts

The bill would put a cap on emissions of planet-warming greenhouse gases, and would require high-emitting industries to reduce their output to specific targets between now and the middle of the century. (This is the “cap” part of the “cap-and-trade” program.) The bill covers 85 percent of the overall economy, including electricity producers, oil refineries, natural gas suppliers, and energy-intensive industries like iron, steel, cement, and paper manufacturers.

  • Emission cuts would start in 2012
  • The cap-and-trade program would be completely phased in by 2016

The goals for U.S. emission reductions, below 2005 levels:

  • 3 percent cut by 2012
  • 17 percent cut by 2020
  • 42 percent cut by 2030
  • more than 80 percent cut by 2050

Emission permits

Regulated industries would need to acquire permits for their emissions. (Emission permits are also referred to as “carbon credits,” “pollution allowances,” and various combinations of these words.)

If a company cuts its emissions so much that it has more permits than it needs, it can sell excess permits to other companies or bank them for future use.  If a company doesn’t have enough permits, it can buy more or borrow its future credits and pay interest on them.  Non-regulated entities (banks, nonprofits, people like you) can also buy and sell permits. (This is the “trade” part of the “cap-and-trade” program.)  If a company’s emissions exceed its permits, it would be fined two times the fair market value of the permits it should have purchased.

  • About 85 percent of emission permits would be given away free at the start of the program, with the percentage decreasing over time
  • About 15 percent of emission permits would be auctioned off at the start of the program, with the percentage increasing over time
  • A permit to emit one ton of carbon dioxide or its equivalent would be worth about $11 to $15 (in 2005 dollars) in 2012, according to preliminary EPA estimates
  • A permit would be worth about $22 to $28 (in 2005 dollars) in 2025, the EPA estimates
  • The value of all permits would be about $60 billion in 2012
  • The value of all permits would be roughly $113 billion in 2025

Some of the permits would be given away to industries regulated under this bill:

  • 15 percent would be given to energy-intensive industries like iron, steel, cement, and paper until 2025
  • 5 percent would be given to merchant coal generators (companies that sell coal-generated electricity to other companies at market prices) and to electricity producers obligated to supply electricity under long-term contracts; the giveaways would be phased out from 2026 through 2030
  • 2 percent would be given to oil refineries starting in 2014 and ending in 2026
  • 2 percent would be given to electric utilities between 2014 and 2017, and 5 percent thereafter, to cover the costs of deploying carbon capture and sequestration technology

Some of the permits would be given to entities that are not covered under the bill, which would sell them and use the proceeds for specific purposes:

  • 30 percent would be given to local electricity distribution companies, with giveaways phased out from 2026 through 2030; the companies, which are generally regulated by states, would be required to use the proceeds to help keep consumer electricity prices low
  • 10 percent would be given to state governments, which would be required to use the value to support renewable energy, energy efficiency, transportation planning, and transmission projects
  • 9 percent would be given to local natural-gas distribution companies, with giveaways phased out from 2026 through 2030; the companies would be required to use the proceeds for energy-efficiency projects and to help keep consumer prices low
  • 3 percent would be given to the automobile industry from 2012 and 2017, scaling back to 1 percent through 2025; the value would be used for the development of clean car technologies.

How permit auction revenue would be spent

About 15 percent of the pollution permits would be sold by the federal government in the initial years of the program.  Here’s how the revenue would be spent (shown as a percentage of the value of all permits):

  • 15 percent would be used to offset increased energy costs for low- and moderate-income households
  • 5 percent would be used to prevent international deforestation, scaling back to 3 percent from 2026 to 2030 and 2 percent from 2031 to 2050
  • 2 percent would be used to help the U.S. adapt to the negative effects of climate change from 2012 through 2021, scaling up to 4 percent from 2022 through 2026 and 8 percent thereafter; half would be spent on wildlife and natural resources and the other half on other adaptation concerns, like public health
  • 1.5 percent would be used to support research and development of advanced clean-energy and energy-efficiency technologies
  • 1 percent would go to help other nations adapt to climate change from 2012 through 2021, scaling up to 4 percent from 2027 to 2050
  • 1 percent would go to international clean-technology deployment from 2012 to 2021, scaling up to 4 percent from 2027 to 2050
  • 0.5 percent would be used to help U.S. workers transition away from fossil fuel-dependent industries from 2012 through 2021, scaling up to 1 percent from 2022 to 2050

Investments in energy technology

By 2025, the bill would direct an estimated total of $190 billion to energy technologies and efficiency measures:

  • $90 billion to energy-efficiency and renewable-energy technologies
  • $60 billion to carbon-capture-and-sequestration technology
  • $20 billion to electric vehicles and other advanced automotive technologies
  • $20 billion for basic scientific research and development

The bill also creates a Clean Energy Deployment Administration within the federal government that would provide loans and loan guarantees to spur more private investment in energy technology.

Offsets

Regulated companies would be allowed to purchase carbon offsets to meet a portion of their required emission reductions—meaning they could fund clean-energy projects elsewhere instead of cutting their own emissions. This could lower the cost of complying with the new law.

  • Offsets could account for up to 2 billion tons of total emission reductions each year under the entire cap; According to some estimates, in 2012, that would mean that up to 15 percent of emissions cuts could be made with offsets, and by 2050 that figure would rise to 33 percent
  • The EPA would determine eligible offset projects based on recommendations from an Offsets Integrity Advisory Board
  • Half of permitted offsets would be domestic, half international
  • However, if there are not enough offsets available on the U.S. market, then up to three-quarters could come from international sources

Coal-fired power plants

  • New coal plants could be built between 2009 and 2020, though they would be expected to adopt carbon-capture-and-sequestration (CCS) technologies when they become commercially available
  • By 2025, all coal plants built after 2009 would have to capture 50 percent of their CO2 emissions
  • Coal plants built after 2020 would have to capture 65 percent of CO2
  • Early movers on CCS would be rewarded—for every ton of CO2 it sequesters, an electric utility that gets at least half its power from coal would receive bonus emission permits for 10 years
  • $1 billion would go toward CCS demonstration and deployment each year, funded by a fee on consumers of fossil-based electricity

Energy-efficiency standards

  • The bill would set new energy-efficiency standards for lighting products, commercial furnaces, and other appliances
  • New energy-efficiency standards for buildings would require 30 percent improvement by 2010 and 50 percent improvement by 2016
  • New standards for industrial energy efficiency would be set
  • Households could receive $3,000 in financial support to make their residences at least 20 percent more energy efficient
  • Commercial buildings would also get financial support for weatherization

Worker transition

  • The bill would increase funding for the Energy Worker Training Program, which was created as part of the 2007 energy bill
  • Workers displaced due to new emission regulations would be entitled to 156 weeks of income supplement (70 percent of their average weekly wages), 80 percent of their monthly health-care premium, up to $1,500 for job-search assistance, and up to $1,500 for moving assistance
  • Grants could be awarded to colleges and universities to develop programs of study that prepare students for careers in renewable energy and energy efficiency

Smarter cars and smarter grids

  • The bill includes a “cash-for-clunkers” program that would provide roughly 1 million vouchers, ranging from $3,500 to $4,500 in value, to consumers who trade in older, less-fuel efficient vehicles for new vehicles that get better gas mileage
  • The bill has a number of provisions to support electric vehicles and plug-in hybrids
  • The bill has a number of provisions to help develop “smart grid” technologies and build better transmission infrastructure

Source: Grist.org, 2009-06-03-waxman-markey-bill-breakdown

Thursday, June 25, 2009

RP told to form crisis agency

By Darwin G. Amojelar, Senior Reporter

ALARMED by the impact of the global economic turmoil, the United Nations Development Programme (UNDP) is pushing the Philippines to create a task force headed by the National Economic and Development Authority (NEDA) to respond to the global economic crisis.

Documents from NEDA showed that a crisis-monitoring unit would be maintained at the agency as the regular arm of the Task Force for gathering, generating and disseminating information.

The proposed task force came on the heels of gloomy projections of trade flows, overseas remittances and foreign direct investments.

“With this situation, it can be inferred that the crisis threatens to weaken the Philippines’ accomplishments in reducing poverty and inequality. At stake is the large share of the population is highly vulnerable to negative shocks and at the risk of falling further below the poverty line,” the UNDP said.

The UNDP said incomes and revenues are expected to fall, adding that government, private sector and household spending will be tight.

“Significant reversals are thus foreseen in the achievement of the Millennium Development Goals (MDGs) by 2015 where the Philippines has so far made significant gains,” the UN body said.

It said the challenge posed is on how the international development community can help developing countries like the Philippines mitigate the impact of the crisis and respond to the threats to the achievement of the MDGs by 2015.

“In this regard, a Task Force Response to Global Crisis (TFRC) composed of the international development community is proposed mainly to bring to focus the response to the global crisis in the context of MDGs. The proposed TFRC will be coordinated by the UN system with the latter playing the crucial role of mobilizing and positioning the work of the TFRC in the context of the global economic crisis and its impact on the MDGs,” the UNDP said.

The proposed Task Force will have a one-year lifespan, the extension of which will depend on how the global crisis turns out.

“As suggested by the World Bank . . . the crisis monitoring unit should have both short-term and long-term functions and will function within NEDA even after the crisis to continue to serve as a rapid monitoring unit of the government on socio-economic issues,” the UNDP said.

The UN agency said the task force should monitor the impact of the global crisis on vulnerable groups in the Philippines, design and implement a range of safety net programs for the poor, and evaluate the effectiveness of emergency policies and programs put in place.

The UN body said the overall responsibility for the crisis monitoring and response system will rest with NEDA as the coordinating and operations center. NEDA should mobilize its central office for national data and its regional offices in coordination with the Department of Interior and Local Government for local government units for data on those areas.

The UNDP said the Philippines could draw from the experience of Indonesia on how its government through the National Development Planning Agency is responding to the global crisis.

Rolando Tungpalan, NEDA deputy director general, said the government is still studying the UNDP proposal.

He said any task force should look beyond the present crisis, but that the government should tap the National Statistics Office, National Statistical Coordination Board, Bangko Sentral ng Pilipinas, among others for data to minimize funding requirements for the crisis response scheme.

Source: The Manila Times Online, 20090625bus1.html

Villar reveals vision for RP in New York

–Johanna M. Sampan

During the recent commemoration of Philippine Independence, Sen. Manuel Villar Jr. flew to New York City and delivered a speech at the Carnegie Council on his vision for the Philippines in the next few years.

Villar said the country’s problems a hundred years ago were still its problems today. “We have been running in the same place for too long.”

On the role of suffrage in affecting change, he said that elections in the Philippines were never a clash of vision, but rather a clash of personalities.

A self-proclaimed presidential candidate in the 2010 elections that will pick President Gloria Arroyo’s successor, Villar said that in poor countries like the Philippines people need to understand the effects of pervasive poverty on the quality of democracy. He warned that pervasive poverty is the new “Iron Curtain.”

“For long, Filipinos have equated elections with political freedom and political freedom with democracy. But attaining political freedom is only the first step in establishing a truly working democracy,” Villar said.

“Democracy is both about securing political freedoms and expanding economic opportunity. Failure in one area and you negate the advances in the other,” he added.

Villar’s vision

Villar said he understood how it was to wake up one morning not knowing how to survive until the next. He added that he knew the concerns of the head of the family that has only the shanty to call a home.

“I was a poor boy who grew up in the slum district known as Tondo, in the City of Manila, perhaps the equivalent of the New York City’s the Bronx,” he said. “Each new day was a struggle for survival. My mother was a fish vendor, my father was a government employee, and we had to survive on their combined meager income.”

“This is how I learned the virtues of hard work and perseverance, what in our national language translates into my slogan ‘Sipag at Tiyaga’ [hard work and patience].” It was my hard work and perseverance that was my ticket out of poverty,” Villar said.

He noted that the country has concentrated far too much on the form of democracy but has missed out on its substance.

“Democracy is all about empowering the powerless. Empowerment not only through the exercise of the right of suffrage but also through the opportunity to maximize one’s God-given potential.

“This, if I am chosen by the people, to lead the next government of the Philippines, will be the focus of my administration,” Villar said.

Source: The Manila Times Online, 20090625top5.html

The anti-Obama rhetoric from the fringes of the Republican Party is reaching fever pitch, once again. And while it was alarming during the campaign, this time it is toxic. Even conservative anchors of Fox News are very concerned enough to call it frightening. Watch below.

In an op-ed piece published today by the NY Times, the author, Frank Rich, warns us that this rising right-wing rage could only lead to nothing good, both for us as a whole, and for the well-being of Pres. Obama. He argues that responsible Republican Party leaders ought to speak out against this rage the same way McCain did during the campaign. Read Mr. Rich’s op-ed here.

For a respected national, if not international paper, like The NY Times, to print an op-ed like Frank Rich’s is saying something serious. For conservative Fox News anchors to go on air to essentially say, “Folks, better look at this, or something deadly is going to happen,” is saying something urgent and frightening.

The right-wing smears over the work of the young, 145-day administration is un-American; this is not us. In a time when we should be ganging up against the bad economy, we are instead ganging up on each other. Republican leaders and opinion-makers must build an opposition strategy on something else more substantial than the utter annihilation of the young Obama administration. Good governance is not about this.

Through the false lens of a culture war, the Karl Rove-Dick Cheney-Rush Limbaugh-Bill O’Reilly clique and its toxic black propaganda is fanning the passions of the extreme right-wing base to near rebellion. And Republican leaders like Mitch McConnell and John Boehner are capitalizing on it, instead of defusing it. Which is what responsible statesmen would do? Setting aside the need to score political points against Obama, what is Republican leadership about?

Americans are better, more decent, and more sensible than this. But the better, more decent and more sensible among us are choosing to look the other way. We cannot and Republican leaders must not allow partisan politics, regardless of who is president, to be driven only by anger, hate and now rage. The lessons of the past are far too many and too catastrophic.

As for responsible Republican leaders who are choosing to remain silent over this — Senator Olympia Snowe, Senator Susan Collins, Colin Powell and others — shame on you. If the Republican party never finds its way back to political relevance, its members and leaders will have deserved it. If Republicans can’t control toxic rhetoric that is going out of hand, how can they argue to lead a country?

Retiring in the Philippines


By Atty. Mike Templo | 06/13/2009 12:34 PM

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Most, if not all, Filipinos that I’ve spoken to abroad all dream of retiring in the Philippines.  Whether they’re an Overseas Filipino Worker or Filipino-American, they see the P.I. (as they call the Philippines), as a place where they can spend and enjoy the rest of their retired lives, early or long overdue.

Last Thursday, June 11, 2009, I had the opportunity to speak with the Chairman of the Philippine Retirement Authority, PDGen Edgar B. Aglipay.  We discussed the Special Resident Retiree’s Visa or SRRV. This special non-immigrant visa is issued not only to foreigners but also former Filipino citizens who are at least 35 years old.  The SRRV allows them to multiple-entry privileges with the option to reside permanently in the Philippines.  It also allows the spouse and children (unmarried and under 21) to join the retiree.  The visa for the principal applicant (foreigner or former Filipino) and the dependents remain valid as long as the applicant remains in good standing with the Program requirements.

Of course, to avail of the SRRV, there are age and deposit requirements.  If the principal applicant is the beneficiary of a pension and he/she is 50 years old and above, a time deposit of US $10, 000 plus a monthly pension of US$800 is required for a single applicant and US$1,000 for couple.  If the principal applicant is not receiving any pension, then a time deposit of US $50,000 is required for applicants aged 35 to 49 years old.  However, only a US $20,000 time deposit is required for applicants aged 50 years old and above. For former Filipinos, who are at least 35 years old, they are required only US $1,500 regardless of the number of dependents. This amount is the same for Ambassadors of foreign countries who served and retired in the Philippines, current and former staff members of international organizations including ADB and who are at least 50 years old.

It is worth noting that it only takes one month from the date of issuance for the applicant to be able to touch the deposit and turn it into an investment. So you’re only separated from your money for a short period of time. Such investments include a purchasing a condo unit(s), leasing a residential property, and even golf shares.

When an SRRV visa is issued to the applicant, the benefits include the following: (1) Option to retire, study, and work in the Philippines permanently, (2) ability to exit and re-enter the Philippines multiple times, (3) exempt from income tax over your pension and annuities, (4) exempt from certain Bureau of immigration requirements such as acquiring exit and re-entry permits, annual alien registration, customs and duties tax from importation of household goods and personal effects (limited), travel tax, and I-Card.

But with these benefits accorded, there are responsibilities that follow. Among them – (1) the yearly renewal of the PRA ID Card, (2) payment of annual visitorial fee, (3) notification for change of contact information, (4) cancellation of the SRRV status.

You can catch my interview with Chairman Aglipay on Crossing Borders aired in the Philippines on ANC and globally on TFC this week.  For more information and the SRRV, visit the Philippine Retirement Authority’s website at www.pra.gov.ph and the Philippine Bureau of Immigration’s website at www.immigration.gov.ph.

__________________________

Atty. Michael Templo is an attorney admitted to practice law in New York State and Federal Courts and is a partner at Templo & Templo with offices in New York, USA and Makati City, Philippines.  Atty. Templo specializes in US Immigration matters.  Atty. Mike Templo is also a host for the weekly show “Crossing Borders” which airs every Thursday at 10:30PM on ANC and 2:30PM on TFC. The discussion above is not intended as legal advice, and cannot be relied upon for any purpose without the services of a qualified professional.  For your comments and questions, Atty. Templo can be reached at info@templolaw.com or log on to www.templolaw.com.

SOURCE: ABS-CBN NEWS Online, retiring-philippines

Arum on Floyd’s demand: Keep dreaming


abs-cbnNEWS.com | 06/12/2009 6:14 PM

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The Manny Pacquiao-Floyd Mayweather Jr. match up will never happen unless “Pretty Boy Floyd” gives up his pay demands, according to Top Rank promoter Bob Arum.

“If Mayweather persists with this position, a fight will never happen,” Arum said on a report by Setanta Sports News.

The former top pound-for-pound fighter earlier said that he will not accept a 50-50 share of revenue for a match with Pacquiao.

Pacquiao already had a similar share during his fight with Ricky Hatton. His camp insists that it will not happen again.

“Mayweather is taking the position that unless he gets more money, there will never be a fight – that’s absurd,” Arum said. “Manny is the most sought-after boxer on the planet.”

Pacquiao, the reigning pound-for-pound king, also beat Mayweather’s erstwhile foes Hatton and Oscar de la Hoya. Unlike Mayweather, the Filipino boxer defeated the two boxers in sensational fashion.

Last May, Pacquiao toppled Hatton with a devastating left hook to the jaw in the second round. Several months earlier, he battered De la Hoya to a technical knockout defeat within eight rounds.

This is in contrast with Mayweather’s performance against the two fighters. It took Mayweather 10 rounds to knock out Hatton in July 2007. In his fight against De la Hoya several months earlier, he was only able to eke out a split decision.

For Arum, a fight between Pacquiao and Miguel Cotto is more doable in the near future.

Cotto, another Top Rank fighter, will be facing Joshua Clottey in New York on June 13.

Arum believes a Pacquiao-Cotto match would have as much appeal as a Mayweather fight.

“If Cotto beats Clottey that’s just as big a fight,” Arum said.

as of 06/12/2009 6:33 PM

RP middle class shrinking even before crisis


By Karen Flores, abs-cbnNEWS.com | 06/13/2009 11:09 AM

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Many Filipino middle-class families were already lost to the low-income groups years before the global economic crisis started.

Data from the government’s Family Income and Expenditure Survey (FIES) showed that middle-class families only accounted for 19.1 percent of all the families in the country in 2006–lower than 22.7 percent in 2000 and 23 percent in 1997.

“The Pinoy middle class remains vulnerable and has continued to shrink. And this is prior to the global crisis,” National Statistical Coordination Board Secretary General Dr. Romulo Virola said in his column early this week, referring to the FIES, a survey conducted by the National Statistics Office once every three years.

Half of Filipino families belonged to the low-income, non-poor segment in 2006 (54 percent), while a quarter of households (26.9 percent) were considered as poor.

The elite segment, meanwhile, was only composed of 0.1 percent of the country’s population.

The Philippines had fairly decent economic figures in 2006, led by a gross domestic product (GDP) of 5.4 percent, an average unemployment rate of 7.9 percent, $3.2 billion in average monthly export earnings, and $4.29 billion in average import earnings.

Still, even with these numbers, the country’s middle-income group continued to collapse throughout the years.

This is expected to worsen come 2009 as the government conducts its next FIES, especially with the economy showing a dismal 0.4-percent GDP growth for the first three months.

Other key indicators such as remittances, exports, imports, and foreign direct investments (FDI) have also reflected how the global slowdown battered the economy this year.

Exports, for instance, which account for 40 percent of the local economy and a major employer, have been plunging at a range of 30 to 40 percent for the past seven months. Imports have also posted double-digit declines for the past six months, while FDIs dropped more than 80 percent in the first quarter.

Middle class lifestyle

So who belongs to the Filipino middle class?

Citing data from the 2006 FIES, Virola said the Filipino middle class family as an annual income ranging from P246,109 to P2,000,072. He said, however, that this range has been raised throughout the years to match the country’s worsening economic conditions.

“In 2009, you would need to earn close to half a million pesos to be in the middle class,” he said.

According to Virola, there were 12 significant predictors of middle-income households in 2006, citing the FIES. For one, the head of the family usually has a college degree, and works either as an official of government, a corporate executive, a manager, or a supervisor.

Some indicators of middle class families were similar to standards set in 2000 and 2003, which include the ownership of an oven, an air-conditioning unit, and a vehicle, as well as the presence of a non-relative member and an employed house helper, among many others.

A number of factors were also taken into consideration when classifying middle-class households, such as the high usage of mobile phones, the increased ownership of DVD players, and the reduced popularity of radio sets.

The top four spending priorities among the middle class and the general population are the same in 2003 and 2006, which include food, house rentals, transportation and communication, and utilities such as electricity, water, and fuel.

For the least priorities in expenditures, the middle class and the general population also shared four things in common, which include non-durable furnishings such as utensils and household linens, alcoholic beverages, house repair and maintenance, and recreation.

Filipino-Chinese traders back Charter change

By TJ Burgonio
Philippine Daily Inquirer
First Posted 05:43:00 06/11/2009

MANILA, Philippines—While she has come under fire from business groups over Charter change, President Gloria Macapagal-Arroyo has apparently found an ally in the Federation of the Filipino-Chinese Chambers of Commerce and Industry Inc. (FFCCCII).

Speaking at the joint celebration of the country’s independence and the 8th Filipino-Chinese Friendship Day, federation president Dr. Alfonso Uy Wednesday declared that the Chinese-Filipino community was backing Charter change.

“The Chinese-Filipino community supports the move to amend the Constitution to enhance economic development and prosperity of the country,” Uy said in his welcome address at the Sofitel Hotel in Pasay City.

Ms Arroyo spoke at the same event at around noon, a few hours before protesters converged on Ayala Avenue in Makati City to protest the House’s hasty approval of Resolution No. 1109.

Ms Arroyo has consistently backed constitutional amendments, particularly those lifting protectionist economic provisions, but has distanced herself from the House approval of the resolution.

The Makati Business Club, Management Association of the Philippines and Financial Executives Institute of the Philippines had expressed disgust at the passage of the resolution.

They dared Ms Arroyo to declare that the May 2010 elections would push through lest she would be accused of double talk.

In his address, Uy said the federation would take part in the government’s three-day job fair scheduled to open tomorrow as part of the government celebration of Independence Day.

He said the federation was also launching its “Buy Pinoy, Buy Local” movement at Club Filipino in San Juan.

“Through ‘Buy Pinoy, Buy Local’ we seek to promote our own Filipino products and services; save and create jobs; protect our workers and consumer welfare; encourage more local and foreign investments; combat smuggling and promote our local industries,” he said.

‘Shameless abuse of power’: Cory issues strongest message vs Con-ass

By Christian V. Esguerra
Philippine Daily Inquirer
First Posted 01:37:00 06/11/2009

MANILA, Philippines—It was the strongest message former President Corazon Aquino has so far issued, and it was roundly applauded in the largest rally against moves to revise the Constitution in three years.

Here we are again in the midst of the shameful abuses of the powerful that seek to destroy our sacred laws, she said in Filipino (“Subalit narito muli tayo, sa gitna ng walang-hiyang pang-aabuso ng mga makapangyarihang nagnanais na sirain ang mga pinakayakap sa ating mga batas.”)

“Over the years, I have learned to endure pain and sadness,” said the cancer-stricken People Power icon in a statement read by her grandson Kiko Dee at the rally attended by thousands in Makati City Wednesday.

“But perhaps, there is nothing that causes me greater pain than to see our people betrayed again and again by those they have elected to lead and serve them. To those of us who fought long and hard to restore our democracy, the pain deepens at the thought that all our gains have so quickly been eroded.”

Estimates of the crowd that gathered in the intersection of Paseo de Roxas and Ayala Avenue ranged from 5,200 by police to 13,000 by organizers of the multisectoral rally against an attempt by President Gloria Macapagal-Arroyo’s allies to convene a constituent assembly (Con-ass) and amend the Constitution. The Philippine Daily Inquirer put the crowd at 10,000.

Speaking in Filipino, Aquino said that when the dictator Ferdinand Marcos was driven from power in 1986, “didn’t we vow that we will never again allow to throw away our freedom?”

Aquino said this was not the leadership that Filipinos deserve or the society that should be handed down to the next generation. She called on Filipinos to demonstrate their protest against moves to amend the Constitution.

Stealing presidency for 3rd time

A message from former President Joseph Estrada, read by his son, San Juan Mayor Joseph Victor “JV” Ejercito, said: “If we allow her minions to maneuver (Con-ass), it is like allowing her to steal the presidency for the third time.”

Estrada was referring to his ouster in 2001 and the 2004 presidential election allegedly stolen by Ms Arroyo.

Opening salvo

Thousands bearing placards saying “No to Cha-cha” marched on the Makati business center in what organizers described as just the “opening salvo” of bigger and louder protests across the country against Charter change.

The demonstrators—an assembly of political figures, church leaders and leftist groups—were one in dismissing Malacañang’s position that the President had nothing to do with House Resolution No. 1109 that seeks to amend the Constitution without the Senate.
“All my life I haven’t cursed anyone, but now I call on the spirits of the babaylans, prophets, and heroes (to) curse this evil in government,” Sr. Mary Mananzan, of the Association of Major Religious Superiors in the Philippines, told the crowd. “We don’t want Gloria in whatever title she may hold.”

Sen. Manuel “Mar” Roxas II said Ms Arroyo could run for Congress next year so long as she would keep her hands off the Constitution.

“She has no mandate to fiddle with the Constitution,” he said, adding that it was “time to pack her bags.”

“It is very clear that the people don’t want Con-ass. This is not the priority,” Roxas said.

Fair warning

Lingayen-Dagupan Archbishop Oscar Cruz said it was “impossible” that Malacañang’s allies in the House of Representatives cooked up HR 1109 without Ms Arroyo’s blessings.

“Majority in the House is on her side, if not in her pocket,” he said. “They’re only as good as the benefits they get.”

Gabriela party-list Rep Liza Maza said the rally should serve as a fair warning to Ms Arroyo “not to anger the people even more.”

“This is the start of the backlash from the people,” said Akbayan party-list Rep Risa Hontiveros.

Different displays of discontent

The show of dismay over HR 1109 came in different forms during the rally.

Protesters prepared what they called a “Gloria punching bag” to illustrate their anger over the Con-ass resolution.

The ’90s band Datu’s Tribe played a song that urged the crowd to “condemn pigs,” ostensibly referring to congressmen who voted for HR 1109.

The protesters presented on a giant screen a video mosaic of congressmen who voted for HR 1109. In the piece titled “Mga Palaka ni Gloria (Gloria’s Toadies),” the congressmen’s photos later morphed into a huge portrait of the President.

After three hours, the crowd dispersed peacefully, ending the biggest rally against Charter change since more than 15,000 massed at Manila’s Quirino Grandstand in December 2006.

Bayan Muna party-list Rep. Satur Ocampo vowed, “We will stall them until we paralyze Con-ass.”

Sen. Loren Legarda said HR 1109 was “clearly a violation of the Constitution” because it eased the Senate out of the equation.

Pangasinan Rep. Jose de Venecia Jr., hitherto a rabid proponent of Charter change, said the resolution was meant to extend Ms Arroyo’s stay in power so she could be either president or prime minister “for life.”

“She’s flaunting her defiance of public opinion,” he said.

Exit options

Pampanga Gov. Ed Panlilio said speculation that Ms Arroyo was running for a congressional seat in her Lubao hometown could be one of her “exit options,” explaining that it indicated she was aiming to become a prime minister in a parliamentary system.

He said that the President was aware that she would be facing prosecution for corruption once her term was over.

Grace Poe, daughter of the late Fernando Poe Jr. who lost the 2004 presidential vote, appealed to lawmakers’ conscience: “Do you still have a God or you worship only money?”

“People are fed up,” said Ayala group official Vicky Garchitorena, who marched together with members of the Former Senior Government Officials (FSGO) group. “This is [our] way of expressing their outrage already at what Congress has been doing.”

Former Trade Secretary. Juan Santos said: “Why hasn’t she declared that she’s definitely stepping down? It has to be specific. Why doesn’t she say specifically that she’s against Cha-cha and House Resolution 1109?”

Soldiers are watching

Sen. Rodolfo Biazon warned: “The soldiers are watching what’s happening in the streets. If this reaches the level of EDSA II, you can’t be sure that they would not come out.”

He voiced fears that while two previous military-backed popular revolts in 1986 and 2001 succeeded and civilian power was restored, this time around that might not happen.

“They were hoping that there would be good governance but that did not happen so this time they might ask ‘Why should we give back the power? I am afraid of that,’” said Biazon, a former chief of staff of the Armed Forces of the Philippines.

In a statement read by his wife Aloi, Brig. Gen. Danilo Lim, who is incarcerated on rebellion charges, said that soldiers had “no obligation to support the administration in committing illegal acts.”

Lim said that the Arroyo administration “has lost all sense of shame.”

He urged the military: “You know what is right. You know what is just. I trust that you can see the truth should the time call for protecting the people.”

Magdalo members said 150 of them were in the rally, along with an unspecified number of the Reform the Armed Forces Movement, but they did not say if there were active servicemen among them.

Jerome Layug, the 21-year-old brother of detained Magdalo rebel James Layug, came to the rally together with his mother.

“This administration wants to change the Constitution and stay in power. We cannot allow that,” Jerome Layug said. With reports from Philip C. Tubeza, Allison W. Lopez, Daxim L. Lucas, Gil C. Cabacungan Jr.

(Update) House OKs con-ass


By CARMELA FONBUENA, abs-cbnNEWS.com/Newsbreak | 06/02/2009 10:20 PM

After months of jockeying, the House of Representatives on Tuesday night approved House Resolution 1109 which will convene Congress into a constituent assembly (con-ass) and propose amendments to the 1987 Constitution, including changes that may prolong President Arroyo’s stay in power.

In a highly-charged viva voce vote, the Ayes were overwhelmingly louder than the Nays.

Starting at 5 p.m., solons from the minority interpellated the principal supporters of the resolution. They attacked the proponents for railroading it, and accused President Arroyo of being behind the move to amend the charter and prolong her stay in power.

However, their arguments fell on deaf ears.

Prior to the plenary deliberations, House Speaker Prospero Nograles had a caucus with members of the majority. They agreed to approve HR 1109 first before taking up the Right of Reply bill and the Comprehensive Agrarian Reform Program extension bill.

Interpellations were cut short when before 10 p.m., South Cotabato Rep. Didagen Dilangalen moved to end the deliberations since the same questions were being asked by the interpellators.

Out of the 11 scheduled interpellators, only five members were allowed to speak– Minority Leader San Juan Rep. Ronaldo Zamora, Parañaque Rep. Roilo Golez, Deputy Minority Leader Bayan Muna Rep. Satur Ocampo, Gabriela Rep. Liza Maza, and Bukidnon Rep. Teofisto Guingona III.

Members of the minority questioned Dilangalen’s motion, but it won eventually. The motion to put HR 1109 to a vote was then met with more objections.

“We in the minority always know how to lose. Why do we do this? It is to speak for the record. To define what we stand for, always to fight for the day of deliverance. Mr. Speaker, that day will come,” Zamora said shortly before the voting.

Sen. Alan Peter Cayetano told ANC the stage is set to amend the charter to suit President Arroyo’s interests once the administration is convinced it has the three-fourths vote in the constituent assembly.

No direction

Despite the approval of HR 1109, it remains unclear how and when they plan to convene the constituent assembly. House Speaker Prospero Nograles told reporters after the majority caucus he will call a leadership meeting after the resolution is approved.

La Union Rep. Victor Ortega and Cebu Rep. Pablo Garcia, who were among those who sponsored the bill, couldn’t give a straight answer when they were asked what would happen after the approval. They said it will be studied.

Cavite Rep. Elpidio Barzaga Jr., also one of the sponsors of the bill, said the rules committee will decide how the constituent assembly will be convened.

Asked after the majority caucus if it’s possible that they will immediately convene the constituent assembly, Nograles said, “I don’t think we have time. I don’t think we will convene after approval. After we come back na siguro. Maybe after SONA. Maybe.”

President Arroyo is scheduled to deliver her last State of the Nation Address (SONA) on July 27.

Takes two to Cha-cha

Several administration congressmen have expressed reservations about the main point of the resolution, which says joint voting is the proper way to approve charter amendments in the constituent assembly. As opposed to separate voting, joint voting allows the 270-member House of Representatives to effectively bypass the 23-member Senate.

“It takes two to dance the Cha-cha. I am going to make a disclaimer. I believe it (resolution) will have to be sent to the Senate,” said Garcia, a key administration ally.

Ortega, chairman of the committee on constitutional amendments, echoed Garcia in saying the House of Representatives cannot bypass the Senate.

Even the resolution’s principal mover, Camarines Sur Rep. Luis Villafuerte is convinced that not all administration allies are for HR 1109.

“The one who filed this is Speaker Nograles himself. I think there is a group in the majority that is undermining the resolution that they are sponsoring,” he said.

A Teacher partylist Rep. Ulpiano Sarmiento III, a member of the administration, was one of those who did not follow the instruction during the majority caucus to approve the resolution.

“I’m sorry to disappoint you. There is no assurance that the gentleman’s agreement as manifested in [HR] 1109 regarding the non-extension of the term of the president shall be recognized and honored once we are transformed into a constituent assembly. It does not deserve this haste,” he said before the resolution was put to a vote.

Pangasinan Rep. Jose De Venecia said the resolution says “nothing,” which makes it dangerous.

“What is the message of this resolution? Nothing. It is not saying that we seek parliamentary government. It is not saying that we seek a federal form of government. It does not say that we seek a French parliamentary system. It says nothing, Mr. Speaker,” De Venecia said.

“It merely tries to create a situation so that a member of the House, or lawyers, could go to the Supreme Court, which will then allow members of this House to revise the Constitution as long as a three-fourths vote is achieved. For this reason, I strongly object and I ask each and every member of this House if we are true to ourselves, to the people, and to the country to opposed this charade,” De Venecia said.

Joint or separate voting

HR 1109 reads: “Now, therefore, be it resolved that the members of Congress be convened for the purpose of proposing amendments to, or revision of the Constitution upon a vote of three-fourths of all its members and that upon its being convened shall adopt its rules of procedures that shall govern its proceeding.”

The 1987 Constitution reads: “Any amendment to, or revision of, this Constitution may be proposed by: (1) The Congress, upon a vote of three-fourths of all its members; or (2) a constitutional convention.”

HR 1109 says the 1987 Constitution deleted the phrases “in joint session assembled” and “the Senate and the House of Representatives, voting separately,” which were present in the 1935 Constitution.

Therefore, the resolution says, “three-fourths of all members of Congress” means “3/4 of the Congressmen and Senators taken together in the calculation of 3/4 of the members of Congress, without distinction as to which institution of Congress they belong to.”

This effectively empowers the 270-member House of Representatives to bypass the 23-member Senate, which last year passed a resolution opposing the convening of a Constituent Assembly.

The senators prefer the Constitutional Convention mode to amending the charter.

Trust basis

HR 1109 provides limitations on what the constituent assembly can pass. It states that the term of office of the President and other elected officials cannot be extended, and that there will be elections in 2010.

But when asked if these provisions will be respected by the constituent assembly, Ortega said, “It’s a trust basis. I can assure you of my pledge. But I cannot speak for the others. You have to ask them.”

When asked if the 2010 elections could be postponed by the constituent assembly, Rep. Barzaga Jr. said, “Everything is possible. It depends upon the wisdom of the constituent assembly.”

Following the approval of HR 1109, militant group Bayan called for a nationwide protest on Wednesday afternoon. Bayan secretary-general Renato Reyes Jr. said they will be at the House of Representatives at 1 p.m. on Wednesday.

“With the railroading of the Con-Ass resolution, we are calling on the people to express their utmost indignation through nationwide protest actions. More protesters will come as the Arroyo regime shameless pushed the self-serving Cha-cha,” he said.

SOURCE: ABS-CBN NEWS Online, June 2, 2009



Sotomayor’s Notable Court Opinions and Articles

THE NEW YORK TIMES
Updated: May 26, 2009
Top

Racial Discrimination

Judge Sotomayor’s most high-profile case, Ricci v. DeStefano, concerns white firefighters in New Haven who were denied promotions after an examination yielded no black firefighters eligible for advancement. Joining an unsigned opinion of a three-judge panel of the appeals court, Judge Sotomayor upheld the rejection of a lawsuit by white firefighters, one of them Hispanic, claiming race discrimination and, as part of the full appeals court, she declined to rehear the case. The Supreme Court is currently considering the case, and Justice Anthony M. Kennedy is the likely swing vote. Among the questions in the case is whether the law should treat diversity in the work force differently from diversity in the classroom. Judge Sotomayor dissented in part in an earlier case, Gant v. Wallingford Board of Education, finding that race discrimination had occurred when a school demoted a black child from first grade to kindergarten.

“The school did not give the black student an equal chance to succeed (or fail).”

—Dissent in Gant v. Wallingford Board of Education, 1999

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Lawsuits Against Federal Contractors

An opposition memo on Judge Sotomayor cites her ruling in a case about lawsuits against federal contractors to claim that she is “willing to expand constitutional rights beyond the text of the Constitution.” The case concerns an inmate who lived in a fifth-floor room while serving a federal prison sentence for securities fraud. He was allowed to use the elevator because of congestive heart failure, but when a guard had him climb the five flights, he had a heart attack, fell down the stairs and suffered an injury. He sued the company that ran the halfway house for the federal Bureau of Prisons. As part of the appeals court, Judge Sotomayor emphasized precedents that permitted suits against companies performing state government functions. The Supreme Court reversed Judge Sotomayor, ruling 5 to 4 that only individual agents, not corporations, may be sued for such violations. Justice Stevens – joined by Justices Souter, Ginsburg, and Breyer – dissented.

“Extending Bivens liability to reach private corporations furthers [its] overriding purpose: providing redress for violations of constitutional rights.”

(Bivens was a 1971 Supreme Court case that allowed some people whose rights have been violated by federal agents to sue.)

—Makesko v. Correctional Services Corporation, 2000

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Environment

In a defeat for environmental groups, the Supreme Court ruled this term that the Environmental Protection Agency may use cost-benefit calculations to decide whether to require power plants to make changes that could preserve aquatic organisms. The case mostly concerned the meaning of a phrase in the Clean Water Act that requires the power plants’ cooling structures to “reflect the best technology available for minimizing adverse environmental impact.” Judge Sotomayor had previously ruled that weighing the costs of the changes against the value of the organisms in dollars was not permitted by the law. Instead, the EPA could consider only what cost “may reasonably be borne” by the power plants. When her ruling was overturned by the Supreme Court, Justice John Paul Stevens, joined by Justices Ruth Bader Ginsburg and David H. Souter, dissented, saying that cost-benefit analysis was prohibited by the law and pernicious in practice.

“Congress has already specified the relationship between cost and benefits in requiring that the technology designated by the EPA be the best available.”

—Riverkeeper v. Environmental Protection Agency

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Workplace Discrimination: Disabilities

Some of Judge Sotomayor’s more prominent opinions on discrimination concern people with disabilities. In one case, Judge Sotomayor ruled that a law school graduate with a reading and learning disability was entitled to extra time in taking the bar exams. After the Supreme Court decided that people are not protected under the Americans With Disabilities Act if they can function normally by wearing glasses, taking medication or otherwise compensating for their disabilities, it told the Second Court to reconsider its decision in this case. Judge Sotomayor again found that the woman was disabled, and must be given accommodations, writing that test scores alone were not enough to diagnose a disability. Another case concerned a trucking company that rejected applicants who were taking some medications. Judge Sotomayor dissented from the majority, writing that Hunt, the company, had determined the applicants were “substantially limited in the major life activity of working,” and not, as the, majority found, merely “unsuited for long-distance driving of Hunt’s 40-ton trucks on irregular stressful schedules.”

“By its very nature, diagnosing a learning disability requires clinical judgment.”

—Bartlett v. New York State Board of Law Examiners

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International Law

Some of her Judge Sotomayor’s most notable decisions have come in child custody and complex business cases. One case concerned a child of divorced parents who lived in Hong Kong. The mother had sole custody of the child and the father had “reasonable access.” The mother took the child to New York, and the father filed a petition for return of the child to Hong Kong. A custody order said the child could not be removed from Hong Kong without the consent of the father or the Hong Kong court, and the case centered on whether this clause confers “rights of custody” under the Hague Convention on International Child Abduction. If it did, it would require the child’s return to Hong Kong. On appeal, the court ruled the removal was not wrong because the father did not possess rights of custody. In her dissenting opinion, Judge Sotomayor argued that a broader interpretation of “custody” was more in line with the “object and purpose” of the Convention, and that this was how foreign courts had considered the issue. The question in this case, Croll v. Croll, is before the Supreme Court in Abbott v. Abbott. Another case concerned jurisdiction. Federal courts can hear cases between “citizens of a State and citizens or subjects of a foreign state.” According to British law, citizens of Bermuda are “nationals,” but not “subjects.” A panel found, therefore, that federal jurisdiction did not apply. Judge Sotomayor dissented, writing that the Constitution used “citizen” and “subject” to refer to a range of relationships.

“The people of Bermuda would be undoubtedly surprised to learn that they are ‘stateless’ ”

—Koehler v. Bank of Bermuda

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Second Amendment

Judge Sotomayor rejected a claim that a New York ban on a martial arts weapon (a nunchuka) violated a man’s Second Amendment rights, explaining the Second Amendment only applies to the federal government. In this case, Maloney v. Cuomo, the court noted that the Supreme Court’s ruling in District of Columbia v. Heller, which struck down parts of the District’s gun control law, did not invalidate this principle, and “to the extent that Heller might be read to question the continuing validity of this principle,” earlier Supreme Court rulings took precedence in the case.

“The Second Amendment applies only to limitations the federal government seeks to impose on this right.”

—Opinion of the court, including Judge Sotomayor, Maloney v. Cuomo (2009)

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Abortion

On the Circuit Court, Judge Sotomayor has been involved in few controversial issues like abortion. In one case, she denied a claim brought by an abortion rights group challenging a Bush policy that prohibited foreign organizations that receive foreign funds from performing or supporting abortions. Another case concerned the definition of “refugee,” which includes victims of coercive family-planning practices. The Second Circuit ruled that this definition does not extend to unmarried partners of women forced to abort their pregnancies. Judge Sotomayor joined a concurring opinion which said it was unnecessary to consider whether the definition extended to legal spouses, because this particular case dealt with Chinese men and their girlfriends, not their wives.

“The Supreme Court has made clear that the government is free to favor the anti-abortion position over the pro-choice position.”

—The Center for Reproductive Law and Policy v. Bush

Related Documents

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Additional Cases of Judge Sonia Sotomayor

Walczyk v. Rio (2007)

In this case, which concerned a longstanding property dispute and references to a potential “blood bath,” Judge Sotomayor wrote a separate opinion on “qualified immunity,” under which an officer cannot be found liable for behavior that was objectively reasonable under existing law.

Hankins v. Lyght (2006)

Involves a minister forced to retire at age 70, and age discrimination. Judge Sotomayor dissented, writing that the Age Discrimination in Employment Act does not apply to employment suits against religious institutions by their leaders.

Krimstock v. Kelly (2002)

Ruled that after an automobile is seized in a criminal case (for example, the cars of those accused of drunk driving), a prompt hearing must be held to determine whether the vehicle can be held, pending the actual forfeiture hearing.

05-21-09 Obama major speech on Terrorism, Torture, Gitmo, and Abuse Photos. Missing only the first installment.
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Remarks of President Barack Obama – As Prepared for Delivery
Protecting Our Security and Our Values
National Archives Museum
Washington, D.C.
May 21, 2009

These are extraordinary times for our country. We are confronting an historic economic crisis. We are fighting two wars. We face a range of challenges that will define the way that Americans will live in the 21st century. There is no shortage of work to be done, or responsibilities to bear.

And we have begun to make progress. Just this week, we have taken steps to protect American consumers and homeowners, and to reform our system of government contracting so that we better protect our people while spending our money more wisely. The engines of our economy are slowly beginning to turn, and we are working toward historic reform of health care and energy. I welcome the hard work that has been done by the Congress on these and other issues.

In the midst of all these challenges, however, my single most important responsibility as President is to keep the American people safe. That is the first thing that I think about when I wake up in the morning. It is the last thing that I think about when I go to sleep at night.

This responsibility is only magnified in an era when an extremist ideology threatens our people, and technology gives a handful of terrorists the potential to do us great harm. We are less than eight years removed from the deadliest attack on American soil in our history. We know that al Qaeda is actively planning to attack us again. We know that this threat will be with us for a long time, and that we must use all elements of our power to defeat it.

Already, we have taken several steps to achieve that goal. For the first time since 2002, we are providing the necessary resources and strategic direction to take the fight to the extremists who attacked us on 9/11 in Afghanistan and Pakistan. We are investing in the 21st century military and intelligence capabilities that will allow us to stay one step ahead of a nimble enemy. We have re-energized a global non-proliferation regime to deny the world’s most dangerous people access to the world’s deadliest weapons, and launched an effort to secure all loose nuclear materials within four years. We are better protecting our border, and increasing our preparedness for any future attack or natural disaster. We are building new partnerships around the world to disrupt, dismantle, and defeat al Qaeda and its affiliates. And we have renewed American diplomacy so that we once again have the strength and standing to truly lead the world.

These steps are all critical to keeping America secure. But I believe with every fiber of my being that in the long run we also cannot keep this country safe unless we enlist the power of our most fundamental values. The documents that we hold in this very hall – the Declaration of Independence, the Constitution, the Bill of Rights -are not simply words written into aging parchment. They are the foundation of liberty and justice in this country, and a light that shines for all who seek freedom, fairness, equality and dignity in the world.

I stand here today as someone whose own life was made possible by these documents. My father came to our shores in search of the promise that they offered. My mother made me rise before dawn to learn of their truth when I lived as a child in a foreign land. My own American journey was paved by generations of citizens who gave meaning to those simple words – “to form a more perfect union.” I have studied the Constitution as a student; I have taught it as a teacher; I have been bound by it as a lawyer and legislator. I took an oath to preserve, protect and defend the Constitution as Commander-in-Chief, and as a citizen, I know that we must never – ever – turn our back on its enduring principles for expedience sake.

I make this claim not simply as a matter of idealism. We uphold our most cherished values not only because doing so is right, but because it strengthens our country and keeps us safe. Time and again, our values have been our best national security asset – in war and peace; in times of ease and in eras of upheaval.

Fidelity to our values is the reason why the United States of America grew from a small string of colonies under the writ of an empire to the strongest nation in the world.

It is the reason why enemy soldiers have surrendered to us in battle, knowing they’d receive better treatment from America’s armed forces than from their own government.

It is the reason why America has benefited from strong alliances that amplified our power, and drawn a sharp and moral contrast with our adversaries.

It is the reason why we’ve been able to overpower the iron fist of fascism, outlast the iron curtain of communism, and enlist free nations and free people everywhere in common cause and common effort.

From Europe to the Pacific, we have been a nation that has shut down torture chambers and replaced tyranny with the rule of law. That is who we are. And where terrorists offer only the injustice of disorder and destruction, America must demonstrate that our values and institutions are more resilient than a hateful ideology.

After 9/11, we knew that we had entered a new era – that enemies who did not abide by any law of war would present new challenges to our application of the law; that our government would need new tools to protect the American people, and that these tools would have to allow us to prevent attacks instead of simply prosecuting those who try to carry them out.

Unfortunately, faced with an uncertain threat, our government made a series of hasty decisions. And I believe that those decisions were motivated by a sincere desire to protect the American people. But I also believe that – too often – our government made decisions based upon fear rather than foresight, and all too often trimmed facts and evidence to fit ideological predispositions. Instead of strategically applying our power and our principles, we too often set those principles aside as luxuries that we could no longer afford. And in this season of fear, too many of us – Democrats and Republicans; politicians, journalists and citizens – fell silent.

In other words, we went off course. And this is not my assessment alone. It was an assessment that was shared by the American people, who nominated candidates for President from both major parties who, despite our many differences, called for a new approach – one that rejected torture, and recognized the imperative of closing the prison at Guantanamo Bay.

Now let me be clear: we are indeed at war with al Qaeda and its affiliates. We do need to update our institutions to deal with this threat. But we must do so with an abiding confidence in the rule of law and due process; in checks and balances and accountability. For reasons that I will explain, the decisions that were made over the last eight years established an ad hoc legal approach for fighting terrorism that was neither effective nor sustainable – a framework that failed to rely on our legal traditions and time-tested institutions; that failed to use our values as a compass. And that is why I took several steps upon taking office to better protect the American people.

First, I banned the use of so-called enhanced interrogation techniques by the United States of America.

I know some have argued that brutal methods like water-boarding were necessary to keep us safe. I could not disagree more. As Commander-in-Chief, I see the intelligence, I bear responsibility for keeping this country safe, and I reject the assertion that these are the most effective means of interrogation. What’s more, they undermine the rule of law. They alienate us in the world. They serve as a recruitment tool for terrorists, and increase the will of our enemies to fight us, while decreasing the will of others to work with America. They risk the lives of our troops by making it less likely that others will surrender to them in battle, and more likely that Americans will be mistreated if they are captured. In short, they did not advance our war and counter-terrorism efforts – they undermined them, and that is why I ended them once and for all.

The arguments against these techniques did not originate from my Administration. As Senator McCain once said, torture “serves as a great propaganda tool for those who recruit people to fight against us.” And even under President Bush, there was recognition among members of his Administration – including a Secretary of State, other senior officials, and many in the military and intelligence community – that those who argued for these tactics were on the wrong side of the debate, and the wrong side of history. We must leave these methods where they belong – in the past. They are not who we are. They are not America.

The second decision that I made was to order the closing of the prison camp at Guantanamo Bay.

For over seven years, we have detained hundreds of people at Guantanamo. During that time, the system of Military Commissions at Guantanamo succeeded in convicting a grand total of three suspected terrorists. Let me repeat that: three convictions in over seven years. Instead of bringing terrorists to justice, efforts at prosecution met setbacks, cases lingered on, and in 2006 the Supreme Court invalidated the entire system. Meanwhile, over five hundred and twenty-five detainees were released from Guantanamo under the Bush Administration. Let me repeat that: two-thirds of the detainees were released before I took office and ordered the closure of Guantanamo.

There is also no question that Guantanamo set back the moral authority that is America’s strongest currency in the world. Instead of building a durable framework for the struggle against al Qaeda that drew upon our deeply held values and traditions, our government was defending positions that undermined the rule of law. Indeed, part of the rationale for establishing Guantanamo in the first place was the misplaced notion that a prison there would be beyond the law – a proposition that the Supreme Court soundly rejected. Meanwhile, instead of serving as a tool to counter-terrorism, Guantanamo became a symbol that helped al Qaeda recruit terrorists to its cause. Indeed, the existence of Guantanamo likely created more terrorists around the world than it ever detained.

So the record is clear: rather than keep us safer, the prison at Guantanamo has weakened American national security. It is a rallying cry for our enemies. It sets back the willingness of our allies to work with us in fighting an enemy that operates in scores of countries. By any measure, the costs of keeping it open far exceed the complications involved in closing it. That is why I argued that it should be closed throughout my campaign. And that is why I ordered it closed within one year.

The third decision that I made was to order a review of all the pending cases at Guantanamo.

I knew when I ordered Guantanamo closed that it would be difficult and complex. There are 240 people there who have now spent years in legal limbo. In dealing with this situation, we do not have the luxury of starting from scratch. We are cleaning up something that is – quite simply – a mess; a misguided experiment that has left in its wake a flood of legal challenges that my Administration is forced to deal with on a constant basis, and that consumes the time of government officials whose time should be spent on better protecting our country.

Indeed, the legal challenges that have sparked so much debate in recent weeks in Washington would be taking place whether or not I decided to close Guantanamo. For example, the court order to release seventeen Uighur detainees took place last fall – when George Bush was President. The Supreme Court that invalidated the system of prosecution at Guantanamo in 2006 was overwhelmingly appointed by Republican Presidents. In other words, the problem of what to do with Guantanamo detainees was not caused by my decision to close the facility; the problem exists because of the decision to open Guantanamo in the first place.

There are no neat or easy answers here. But I can tell you that the wrong answer is to pretend like this problem will go away if we maintain an unsustainable status quo. As President, I refuse to allow this problem to fester. Our security interests won’t permit it. Our courts won’t allow it. And neither should our conscience.

Now, over the last several weeks, we have seen a return of the politicization of these issues that have characterized the last several years. I understand that these problems arouse passions and concerns. They should. We are confronting some of the most complicated questions that a democracy can face. But I have no interest in spending our time re-litigating the policies of the last eight years. I want to solve these problems, and I want to solve them together as Americans.

And we will be ill-served by some of the fear-mongering that emerges whenever we discuss this issue. Listening to the recent debate, I’ve heard words that are calculated to scare people rather than educate them; words that have more to do with politics than protecting our country. So I want to take this opportunity to lay out what we are doing, and how we intend to resolve these outstanding issues. I will explain how each action that we are taking will help build a framework that protects both the American people and the values that we hold dear. And I will focus on two broad areas: first, issues relating to Guantanamo and our detention policy; second, issues relating to security and transparency.

Let me begin by disposing of one argument as plainly as I can: we are not going to release anyone if it would endanger our national security, nor will we release detainees within the United States who endanger the American people. Where demanded by justice and national security, we will seek to transfer some detainees to the same type of facilities in which we hold all manner of dangerous and violent criminals within our borders – highly secure prisons that ensure the public safety. As we make these decisions, bear in mind the following fact: nobody has ever escaped from one of our federal “supermax” prisons, which hold hundreds of convicted terrorists. As Senator Lindsey Graham said: “The idea that we cannot find a place to securely house 250-plus detainees within the United States is not rational.”

We are currently in the process of reviewing each of the detainee cases at Guantanamo to determine the appropriate policy for dealing with them. As we do so, we are acutely aware that under the last Administration, detainees were released only to return to the battlefield. That is why we are doing away with the poorly planned, haphazard approach that let those detainees go in the past. Instead, we are treating these cases with the care and attention that the law requires and our security demands. Going forward, these cases will fall into five distinct categories.

First, when feasible, we will try those who have violated American criminal laws in federal courts – courts provided for by the United States Constitution. Some have derided our federal courts as incapable of handling the trials of terrorists. They are wrong. Our courts and juries of our citizens are tough enough to convict terrorists, and the record makes that clear. Ramzi Yousef tried to blow up the World Trade Center – he was convicted in our courts, and is serving a life sentence in U.S. prison. Zaccarias Moussaoui has been identified as the 20th 9/11 hijacker – he was convicted in our courts, and he too is serving a life sentence in prison. If we can try those terrorists in our courts and hold them in our prisons, then we can do the same with detainees from Guantanamo.

Recently, we prosecuted and received a guilty plea from a detainee – al-Marri – in federal court after years of legal confusion. We are preparing to transfer another detainee to the Southern District of New York, where he will face trial on charges related to the 1998 bombings of our embassies in Kenya and Tanzania – bombings that killed over 200 people. Preventing this detainee from coming to our shores would prevent his trial and conviction. And after over a decade, it is time to finally see that justice is served, and that is what we intend to do.

The second category of cases involves detainees who violate the laws of war and are best tried through Military Commissions. Military commissions have a history in the United States dating back to George Washington and the Revolutionary War. They are an appropriate venue for trying detainees for violations of the laws of war. They allow for the protection of sensitive sources and methods of intelligence-gathering; for the safety and security of participants; and for the presentation of evidence gathered from the battlefield that cannot be effectively presented in federal Courts.

Now, some have suggested that this represents a reversal on my part. They are wrong. In 2006, I did strongly oppose legislation proposed by the Bush Administration and passed by the Congress because it failed to establish a legitimate legal framework, with the kind of meaningful due process and rights for the accused that could stand up on appeal. I did, however, support the use of military commissions to try detainees, provided there were several reforms. And those are the reforms that we are making.

Instead of using the flawed Commissions of the last seven years, my Administration is bringing our Commissions in line with the rule of law. The rule will no longer permit us to use as evidence statements that have been obtained using cruel, inhuman, or degrading interrogation methods. We will no longer place the burden to prove that hearsay is unreliable on the opponent of the hearsay. And we will give detainees greater latitude in selecting their own counsel, and more protections if they refuse to testify. These reforms – among others – will make our Military Commissions a more credible and effective means of administering justice, and I will work with Congress and legal authorities across the political spectrum on legislation to ensure that these Commissions are fair, legitimate, and effective.

The third category of detainees includes those who we have been ordered released by the courts. Let me repeat what I said earlier: this has absolutely nothing to do with my decision to close Guantanamo. It has to do with the rule of law. The courts have found that there is no legitimate reason to hold twenty-one of the people currently held at Guantanamo. Twenty of these findings took place before I came into office. The United States is a nation of laws, and we must abide by these rulings.

The fourth category of cases involves detainees who we have determined can be transferred safely to another country. So far, our review team has approved fifty detainees for transfer. And my Administration is in ongoing discussions with a number of other countries about the transfer of detainees to their soil for detention and rehabilitation.

Finally, there remains the question of detainees at Guantanamo who cannot be prosecuted yet who pose a clear danger to the American people.

I want to be honest: this is the toughest issue we will face. We are going to exhaust every avenue that we have to prosecute those at Guantanamo who pose a danger to our country. But even when this process is complete, there may be a number of people who cannot be prosecuted for past crimes, but who nonetheless pose a threat to the security of the United States. Examples of that threat include people who have received extensive explosives training at al Qaeda training camps, commanded Taliban troops in battle, expressed their allegiance to Osama bin Laden, or otherwise made it clear that they want to kill Americans. These are people who, in effect, remain at war with the United States.

As I said, I am not going to release individuals who endanger the American people. Al Qaeda terrorists and their affiliates are at war with the United States, and those that we capture – like other prisoners of war – must be prevented from attacking us again. However, we must recognize that these detention policies cannot be unbounded. That is why my Administration has begun to reshape these standards to ensure they are in line with the rule of law. We must have clear, defensible and lawful standards for those who fall in this category. We must have fair procedures so that we don’t make mistakes. We must have a thorough process of periodic review, so that any prolonged detention is carefully evaluated and justified.

I know that creating such a system poses unique challenges. Other countries have grappled with this question, and so must we. But I want to be very clear that our goal is to construct a legitimate legal framework for Guantanamo detainees – not to avoid one. In our constitutional system, prolonged detention should not be the decision of any one man. If and when we determine that the United States must hold individuals to keep them from carrying out an act of war, we will do so within a system that involves judicial and congressional oversight. And so going forward, my Administration will work with Congress to develop an appropriate legal regime so that our efforts are consistent with our values and our Constitution.

As our efforts to close Guantanamo move forward, I know that the politics in Congress will be difficult. These issues are fodder for 30-second commercials and direct mail pieces that are designed to frighten. I get it. But if we continue to make decisions from within a climate of fear, we will make more mistakes. And if we refuse to deal with these issues today, then I guarantee you that they will be an albatross around our efforts to combat terrorism in the future. I have confidence that the American people are more interested in doing what is right to protect this country than in political posturing. I am not the only person in this city who swore an oath to uphold the Constitution – so did each and every member of Congress. Together we have a responsibility to enlist our values in the effort to secure our people, and to leave behind the legacy that makes it easier for future Presidents to keep this country safe.

The second set of issues that I want to discuss relates to security and transparency.

National security requires a delicate balance. Our democracy depends upon transparency, but some information must be protected from public disclosure for the sake of our security – for instance, the movements of our troops; our intelligence-gathering; or the information we have about a terrorist organization and its affiliates. In these and other cases, lives are at stake.

Several weeks ago, as part of an ongoing court case, I released memos issued by the previous Administration’s Office of Legal Counsel. I did not do this because I disagreed with the enhanced interrogation techniques that those memos authorized, or because I reject their legal rationale – although I do on both counts. I released the memos because the existence of that approach to interrogation was already widely known, the Bush Administration had acknowledged its existence, and I had already banned those methods. The argument that somehow by releasing those memos, we are providing terrorists with information about how they will be interrogated is unfounded – we will not be interrogating terrorists using that approach, because that approach is now prohibited.

In short, I released these memos because there was no overriding reason to protect them. And the ensuing debate has helped the American people better understand how these interrogation methods came to be authorized and used.

On the other hand, I recently opposed the release of certain photographs that were taken of detainees by U.S. personnel between 2002 and 2004. Individuals who violated standards of behavior in these photos have been investigated and held accountable. There is no debate as to whether what is reflected in those photos is wrong, and nothing has been concealed to absolve perpetrators of crimes. However, it was my judgment – informed by my national security team – that releasing these photos would inflame anti-American opinion, and allow our enemies to paint U.S. troops with a broad, damning and inaccurate brush, endangering them in theaters of war.

In short, there is a clear and compelling reason to not release these particular photos. There are nearly 200,000 Americans who are serving in harm’s way, and I have a solemn responsibility for their safety as Commander-in-Chief. Nothing would be gained by the release of these photos that matters more than the lives of our young men and women serving in harm’s way.

In each of these cases, I had to strike the right balance between transparency and national security. This balance brings with it a precious responsibility. And there is no doubt that the American people have seen this balance tested. In the images from Abu Ghraib and the brutal interrogation techniques made public long before I was President, the American people learned of actions taken in their name that bear no resemblance to the ideals that generations of Americans have fought for. And whether it was the run-up to the Iraq War or the revelation of secret programs, Americans often felt like part of the story had been unnecessarily withheld from them. That causes suspicion to build up. That leads to a thirst for accountability.

I ran for President promising transparency, and I meant what I said. That is why, whenever possible, we will make information available to the American people so that they can make informed judgments and hold us accountable. But I have never argued – and never will – that our most sensitive national security matters should be an open book. I will never abandon – and I will vigorously defend – the necessity of classification to defend our troops at war; to protect sources and methods; and to safeguard confidential actions that keep the American people safe. And so, whenever we cannot release certain information to the public for valid national security reasons, I will insist that there is oversight of my actions – by Congress or by the courts.

We are launching a review of current policies by all of those agencies responsible for the classification of documents to determine where reforms are possible, and to assure that the other branches of government will be in a position to review executive branch decisions on these matters. Because in our system of checks and balances, someone must always watch over the watchers – especially when it comes to sensitive information.

Along those same lines, my Administration is also confronting challenges to what is known as the “State Secrets” privilege. This is a doctrine that allows the government to challenge legal cases involving secret programs. It has been used by many past Presidents – Republican and Democrat – for many decades. And while this principle is absolutely necessary to protect national security, I am concerned that it has been over-used. We must not protect information merely because it reveals the violation of a law or embarrasses the government. That is why my Administration is nearing completion of a thorough review of this practice.

We plan to embrace several principles for reform. We will apply a stricter legal test to material that can be protected under the State Secrets privilege. We will not assert the privilege in court without first following a formal process, including review by a Justice Department committee and the personal approval of the Attorney General. Finally, each year we will voluntarily report to Congress when we have invoked the privilege and why, because there must be proper oversight of our actions.

On all of these matter related to the disclosure of sensitive information, I wish I could say that there is a simple formula. But there is not. These are tough calls involving competing concerns, and they require a surgical approach. But the common thread that runs through all of my decisions is simple: we will safeguard what we must to protect the American people, but we will also ensure the accountability and oversight that is the hallmark of our constitutional system. I will never hide the truth because it is uncomfortable. I will deal with Congress and the courts as co-equal branches of government. I will tell the American people what I know and don’t know, and when I release something publicly or keep something secret, I will tell you why.

In all of the areas that I have discussed today, the policies that I have proposed represent a new direction from the last eight years. To protect the American people and our values, we have banned enhanced interrogation techniques. We are closing the prison at Guantanamo. We are reforming Military Commissions, and we will pursue a new legal regime to detain terrorists. We are declassifying more information and embracing more oversight of our actions, and narrowing our use of the State Secrets privilege. These are dramatic changes that will put our approach to national security on a surer, safer and more sustainable footing, and their implementation will take time.

There is a core principle that we will apply to all of our actions: even as we clean up the mess at Guantanamo, we will constantly re-evaluate our approach, subject our decisions to review from the other branches of government, and seek the strongest and most sustainable legal framework for addressing these issues in the long-term. By doing that, we can leave behind a legacy that outlasts my Administration, and that endures for the next President and the President after that; a legacy that protects the American people, and enjoys broad legitimacy at home and abroad.

That is what I mean when I say that we need to focus on the future. I recognize that many still have a strong desire to focus on the past. When it comes to the actions of the last eight years, some Americans are angry; others want to re-fight debates that have been settled, most clearly at the ballot box in November. And I know that these debates lead directly to a call for a fuller accounting, perhaps through an Independent Commission.

I have opposed the creation of such a Commission because I believe that our existing democratic institutions are strong enough to deliver accountability. The Congress can review abuses of our values, and there are ongoing inquiries by the Congress into matters like enhanced interrogation techniques. The Department of Justice and our courts can work through and punish any violations of our laws.

I understand that it is no secret that there is a tendency in Washington to spend our time pointing fingers at one another. And our media culture feeds the impulses that lead to a good fight. Nothing will contribute more to that than an extended re-litigation of the last eight years. Already, we have seen how that kind of effort only leads those in Washington to different sides laying blame, and can distract us from focusing our time, our effort, and our politics on the challenges of the future.

We see that, above all, in how the recent debate has been obscured by two opposite and absolutist ends. On one side of the spectrum, there are those who make little allowance for the unique challenges posed by terrorism, and who would almost never put national security over transparency. On the other end of the spectrum, there are those who embrace a view that can be summarized in two words: “anything goes.” Their arguments suggest that the ends of fighting terrorism can be used to justify any means, and that the President should have blanket authority to do whatever he wants – provided that it is a President with whom they agree.

Both sides may be sincere in their views, but neither side is right. The American people are not absolutist, and they don’t elect us to impose a rigid ideology on our problems. They know that we need not sacrifice our security for our values, nor sacrifice our values for our security, so long as we approach difficult questions with honesty, and care, and a dose of common sense. That, after all, is the unique genius of America. That is the challenge laid down by our Constitution. That has been the source of our strength through the ages. That is what makes the United States of America different as a nation.

I can stand here today, as President of the United States, and say without exception or equivocation that we do not torture, and that we will vigorously protect our people while forging a strong and durable framework that allows us to fight terrorism while abiding by the rule of law. Make no mistake: if we fail to turn the page on the approach that was taken over the past several years, then I will not be able to say that as President. And if we cannot stand for those core values, then we are not keeping faith with the documents that are enshrined in this hall.

The Framers who drafted the Constitution could not have foreseen the challenges that have unfolded over the last two hundred and twenty two years. But our Constitution has endured through secession and civil rights – through World War and Cold War – because it provides a foundation of principles that can be applied pragmatically; it provides a compass that can help us find our way. It hasn’t always been easy. We are an imperfect people. Every now and then, there are those who think that America’s safety and success requires us to walk away from the sacred principles enshrined in this building. We hear such voices today. But the American people have resisted that temptation. And though we have made our share of mistakes and course corrections, we have held fast to the principles that have been the source of our strength, and a beacon to the world.

Now, this generation faces a great test in the specter of terrorism. Unlike the Civil War or World War II, we cannot count on a surrender ceremony to bring this journey to an end. Right now, in distant training camps and in crowded cities, there are people plotting to take American lives. That will be the case a year from now, five years from now, and – in all probability – ten years from now. Neither I nor anyone else can standing here today can say that there will not be another terrorist attack that takes American lives. But I can say with certainty that my Administration – along with our extraordinary troops and the patriotic men and women who defend our national security – will do everything in our power to keep the American people safe. And I do know with certainty that we can defeat al Qaeda. Because the terrorists can only succeed if they swell their ranks and alienate America from our allies, and they will never be able to do that if we stay true to who we are; if we forge tough and durable approaches to fighting terrorism that are anchored in our timeless ideals.

This must be our common purpose. I ran for President because I believe that we cannot solve the challenges of our time unless we solve them together. We will not be safe if we see national security as a wedge that divides America – it can and must be a cause that unites us as one people, as one nation. We have done so before in times that were more perilous than ours. We will do so once again. Thank you, God Bless you, and God bless the United States of America.

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