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To: i-node who wrote (913058)1/10/2016 9:41:26 AM
From: bentway1 Recommendation

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Taro

  Respond to of 1581734
 
Fear and Loathing in Saudi Arabia

By Kenneth M. Pollack
January 7, 2016

The true surprise about the Saudi-Iranian contretemps over the execution of Sheikh Nimr al-Nimr is that it caught so many people off guard in the first place. Anyone paying attention to Saudi Arabia knew that something like this was a long time coming. Unfortunately, not enough people were paying attention until it was too late.

It’s impossible to understand the current situation without delving into Saudi politics and foreign policy. But it’s equally important to be honest about the limits of our knowledge. Very much like the Islamic Republic of Iran, it’s very difficult for anyone outside the highest reaches of government of the Kingdom of Saudi Arabia to really understand its fears and strategies. As my friend Greg Gause regularly warns, with Saudi politics, “those who know don’t speak, and those who speak don’t know.” It’s an important warning.

So with that caveat as our guide, what can we say about the dramatic shifts in Saudi policy?

First, I think it’s clear that Saudi policy has to be understood as an interweaving of Saudi internal and external interests, and right now those interests are overwhelmingly about fear. The external threats it seems to see are easier for Americans to recognize than the internal ones. But what we often miss is how the Saudis see external issues affecting their internal circumstances and creating domestic threats they find far more frightening than the external threat on its own.

At the broadest level, when the Saudis in Riyadh look at the Middle East around them, they see a region spiraling out of control. Since 2011, they have witnessed a massive increase in general instability across the region, with “the people” increasingly willing to protest or even overthrow their rulers. The complacency and popular “inertness” that categorized the Arab populations for decades is gone. That clearly worries the Sauds, the kingdom’s ruling royal family, who have always preferred a docile populace.

Civil wars are raging in Syria, Iraq, Yemen, and Libya, spilling refugees, terrorists, armed militants, and powerful, radical ideas over onto their neighbors. Already, spillover from these civil wars has created nascent civil wars in Egypt and Turkey. It is eroding the stability of Lebanon, Jordan, Algeria, Tunisia, and even Kuwait. It has also created vast new opportunities for Iran to destabilize and rearrange the region to suit its own interests.

Indeed, both the civil wars and the spillover they generate have also produced a general mobilization of the Middle East’s Shiites, instigated and led by Iran. And that includes the Shiites in the Saudi kingdom. Officials in private and press reports occasionally note that hundreds of Saudi security service personnel have been killed and wounded in operations in the Eastern Province, the home to the vast majority of the kingdom’s Shiites. Americans tend not to pay attention to these operations because we see them as proof that the Saudis have things well in hand; but another way to look at it is that the Saudis are fighting pitched battles with someone in the cities of the Eastern Province. In other words, there seems to be a much higher degree of mobilization and violent confrontation among the Saudi Shiites than most realize.

Then there are Saudi fears about the oil market. Everyone seems to believe that the Saudis are purposely not cutting back production to kill off North American shale producers. But that is absolutely not what the Saudis are saying, either in private or public. Instead, they are saying that they can no longer control the oil market because there are too many other sources and all of the OPEC countries cheat like crazy whenever Riyadh tries to orchestrate a production cut. This has happened to them repeatedly over the past 20 to 30 years. They try to cut production to prevent oil prices from dropping, and the rest of OPEC takes advantage of it to pump as much as they can, contrary to what they promised and agreed to. The result is that there is no overall supply curtailment and the Saudis lose market share. This time around, they have stated that they cannot realistically control the OPEC oil supply, so they are not going to try to do so. Instead, they are going to fight for market share. But doing so means having to win a race to the bottom, with the result that their oil revenues are plummeting.

So that is another element of fear for them: They can no longer control the oil market the way they once did, and the low price of oil is obviously killing them. It has become so bad that they are now talking about real economic austerity, including repealing subsidies on gasoline and other fuel that average Saudis now see as part of their rights as citizens. Repealing subsidies and other austerity measures is always a very unpopular move and can easily cause widespread popular unrest — one need only remember events in Greece last year. The fact that the Saudi government now feels forced to take this route speaks to how desperate its financial situation is — and, given how it conjures the threat of popular mobilization that makes it so uneasy, it can only make the Saudis that much more apprehensive.

Meanwhile, the region’s civil wars have the Saudis so frightened that they have intervened in unprecedented ways. They have poured tens, if not hundreds, of billions of dollars into Syria and Yemen and to a lesser extent Iraq and Libya. They are pouring tens of billions more into Egypt, Jordan, Morocco, Algeria, and Bahrain to shore up their governments, prevent state collapse under the strain of the spillover from neighboring civil wars, and thus prevent more civil wars on their own borders. But these increased foreign-policy costs coupled with reduced oil revenues have forced the Saudis to draw from their sovereign wealth fund at a rate of $12 to 14 billion per month — a pace that will wipe out those reserves in less than three years, but is likely to cause severe domestic political problems (including dissension within the royal family) long before.

And there sits Iran, at the intersection of all of these problems, from the Saudi perspective. The Saudis think the Iranians are to blame for the civil wars in Syria, Yemen, and (to a lesser extent) Iraq by mobilizing Shiites to destabilize the kingdom and its Sunni Arab allies. (They also blame the United States for the Iraqi civil war, appropriately, I might add.) They see the Iranians as threatening to pump new oil out onto the market to fight the Saudis for market share regardless of how low the price goes; Iranian officials openly crow that all of the money that will finally be released to them after the nuclear sanctions are lifted will be used to enable them to take market share away from Riyadh. In addition, the Iranians are waging proxy wars against the Saudis in Iraq, Syria, and Yemen and aiding subversive elements in Bahrain, Kuwait, and the kingdom itself. So, as the Saudis see it, Tehran contributes to Riyadh’s financial problems by driving down Saudi revenues and jacking up expenditures, both of which threaten the kingdom’s internal stability.

And while we may believe that the Saudis exaggerate both Iranian capabilities and intentions, the Saudis have a number of good points when it comes to Iran. The Iranians do seek to overturn the regional order, and they have repeatedly attempted to overthrow Arab governments (including Saudi Arabia’s, albeit several decades ago). The Iranians do tend to back Shiite populations, whether they are in power or out, majority or minority. And they do often incite them to violence and provide them with the wherewithal to do so. As a result, the Iranians have become deeply embroiled in the civil wars of the region. I would argue their involvement in both Iraq and Syria is primarily defensive (seeking to preserve the control over the state by their allies), but in Yemen it has unquestionably been offensive. There is no other explanation for Iran’s involvement in Yemen other than to annoy, weaken, or even undermine the Saudis — as strategic leverage or a genuine bid at regime change. And the Iranians do not make matters any better by arrogantly dismissing Arab fear and interests and placing themselves on a higher level than their neighbors across the Persian Gulf.
Finally, the Saudis feel frustrated and abandoned by the United States. Many Saudis and other Gulf Arabs consider President Barack Obama deeply ignorant, if not outright foolish, about the world and the Middle East. They evince out-and-out contempt for him and his policies.
From their perspective, the United States has turned its back on its traditional allies in the Middle East. Washington is doing the least it can in Iraq, and effectively nothing in Libya and Syria, with the result that none of those conflicts is getting better. If anything, they are actually getting worse. Moreover, Saudi Arabia seems to differ over whether Obama is using the new nuclear deal with Tehran to deliberately try to shift the United States from the Saudi side to the Iranian side in the grand, regional struggle or if he is allowing it to happen unintentionally. The more charitable Saudi position is the former, because that suggests that Obama at least understands what he is doing, even if they think it a mistake and a betrayal. The latter view, for Saudis, sees him as a virtual imbecile who is destroying the Middle East without any understanding or recognition.

The depth of Saudi anger and contempt for the current American leadership is important to understand because it is another critical element of their worldview and policies, as best we can understand them. With the Middle East coming apart at the seams (in Saudi Arabia’s view), the United States — the traditional regional hegemon — is doing nothing to stop it and even encouraging Iran to widen the fissures.
Since the United States can’t or won’t do anything, someone else has to, and that someone can only be Saudi Arabia. The dramatic increase in Riyadh’s willingness to intervene abroad, with both financial and military power, has been driven by its sense that dramatic action is required to prevent the region from melting down altogether and taking the kingdom down with it.
That is why the Saudis have been consistently overreacting to events in Washington’s eyes. We look at Bahrain and see an oppressed Shiite majority looking for some degree of political participation and economic benefit from the minority Sunni regime. The Saudis see an Iranian-backed mass uprising that could spread to the kingdom if it were to succeed — which is why the Iranians are helping it do so. We look at the Yemeni civil war and see a quagmire with only a minor Iranian role and little likelihood of destabilizing Saudi Arabia. The Saudis see an Iranian bid to stealthily undermine the kingdom. We see a popular Saudi Shiite cleric who would become a martyr if he is executed. The Saudis see an Iranian-backed firebrand stoking revolution in their country’s oil-producing regions. In the Syrian peace talks, we see a need to bring the Iranians in because of their critical support for Bashar al-Assad’s regime. The Saudis see the United States legitimizing both a Shiite/Persian/Iranian influence in a majority Sunni Arab state and the murderous, minority Shiite regime. The list goes on.

And in none of these situations is the United States, the power that Riyadh traditionally counted on to help fix its problems, doing much. And where we are, we are just as often favoring Iran or even opposing them.

And though many have always assumed that the Saudis look to free-ride and will bandwagon with whoever is the strongest power in the region, history is quite the opposite. Instead, the Saudis have traditionally fought back against any major power they didn’t like — from the Soviet Union to Saddam Hussein’s Iraq — and Iran is now obviously at the top of that list.

So, the Saudis are scared of the rising tide of popular mobilization and Shiite mobilization; they are scared by their loss of control over the oil market and what that is forcing them to do domestically; they are scared by the spillover from the region’s civil wars and the costs that they are being forced to bear to try to prevent that spillover from affecting them; and they are scared that we are abandoning them for Iran. The Saudis’ world, in other words, is pretty scary. And their modus operandi today is the same as it always has been: to lash out to try to beat back the threats that they see and regain control of their circumstances. Hence their stunning intervention in Yemen, their constant escalation in Syria, and now this latest flare-up with Iran.

It’s also why America’s constant appeals to them to just calm down will have no impact except to infuriate them further. Unless we want to take up some of these burdens for the Saudis (their first choice, as always), then we have nothing that they want. It only adds insult to injury when Washington refuses to recognize the threats that they see, does nothing to help them with those threats, and then tries to keep them from doing what they think they need to do to deal with those threats themselves.

It’s also why we should expect to see other crises like this one in future. The Saudis are going to keep taking whatever actions they feel necessary to deter or defeat what they see as Iranian efforts to undermine their external power and their internal stability. In the unstable Middle East of the early 21st century, that aggressiveness is going to have very unpredictable effects. But what looks chaotic to Washington will continue to seem entirely logical from the perspective of Saudi Arabia.

foreignpolicy.com



To: i-node who wrote (913058)1/11/2016 1:11:49 PM
From: bentway  Respond to of 1581734
 
Texas Governor Unveils Plan To Repeal The 20th Century

by Ian Millhiser
Jan 11, 2016 8:00 am

Texas Gov. Greg Abbott (R) proposed a series of constitutional amendments on Friday that would so fundamentally alter our founding document that it would be akin to throwing out the system of government established by the Constitutional Convention of 1787 and replacing it with something entirely different. The amendments are a hodgepodge of efforts to restore constitutional interpretations that briefly gained traction beginning in the Gilded Age, proposals to implement longtime Republican fantasies, and ideas drawn from the fringes of talk radio and the legal academy. Though Abbott’s new constitution would maintain the federal government’s current division between executive, legislative and judicial branches, the powers of all three branches would be diminished so significantly that the new system of government would be barely recognizable to students of our current system.

Indeed, Abbott would place restrictions on the federal government that are so severe, both national child labor laws and anti-lynching laws would be unconstitutional under his proposals.

Repealing The Twentieth Century

Abbott’s amendments are a hodgepodge of irrelevancies, curiosities and apparent efforts to return America to the golden years of the Hoover administration. One proposal is to “restore the balance of power between the federal and state governments by limiting the former to the powers expressly delegated to it in the Constitution,” a proposed amendment that’s already in the Constitution as the Tenth Amendment(although Abbott clearly disagrees with how many of Congress’s powers have been interpreted). Another amendment would “require a seven-justice super-majority vote for U.S. Supreme Court decisions that invalidate a democratically enacted law,” which is a somewhat surprising choice for the governor of a state that is so eager to sue the federal government to halt policies it disagrees with.

Abbott’s first proposed amendment, however, indicates just how drastically he would like to shrink the role of the federal government. That one seeks to “prohibit congress from regulating activity that occurs wholly within one state.”

Abbott’s amendments are a hodgepodge of irrelevancies, curiosities and apparent efforts to return America to the golden years of the Hoover administration. For much of American history, judges, scholars, lawmakers and even presidents battled over the proper meaning of Congress’s constitutionally granted power to “ regulate Commerce . . . among the several States.” The first Supreme Court opinion to interpret this language read it expansively. There is “no sort of trade” that does not constitute “commerce” according to Chief Justice John Marshall’s opinion in Gibbons v. Ogden.

The word “commerce,” moreover, reaches beyond trade to encompass what Marshall called “intercourse.” As Yale law Professor Jack Balkin explains, “intercourse” includes a broad range of activities:
“Commerce” meant “intercourse” and it had a strongly social connotations. “Commerce” was interaction and exchange between persons or peoples. To have commerce with someone meant to converse with them, meet with them, or interact with them. Thus, commerce naturally included all trade and economic activity because economic activity was social activity.
The primary limit on Congress’s power to regulate commerce stemmed from the words “among the several states.” These words, Marshall wrote, limited Congress’s authority to “commerce which concerns more States than one.” In a pre-industrial economy, this was a very meaningful limit because many local communities had fairly self-contained economies. A farmer might grow his own crops, prepare them for sale entirely within a single state’s borders, and sell them at a market just up the road. At no point would any part of the production or sale of these goods cross state lines, and no farmers from distant communities other states competed with local farmers at the marketplace. So the local farmer’s activities were beyond the reach of Congress.

Then came what is probably the single most transformative event in America’s economic history: the building of the railroads. As I explain in my book, Injustices: The Supreme Court’s History of Comforting the Comfortable and Afflicting the Afflicted, prior to the transcontinential railroad, it took about 118 days to travel from America’s east coast to its west coast. After just one rail line connecting the coasts was completed, it took only six days.

This interconnectedness is what allowed the growth of multi-state businesses and forced even many of the most localized producers into competition with people from another state. To give just one example, in the 1870s nearly all grain grown in the Midwest traveled to Chicago, where it would be stored in warehouses owned by a handful of firms. There, it would wait until it could be shipped even further to purchasers in many different states or even in Europe. The local farmer was now part of a complex chain of commerce that “concerns more States than one.”

Yet, even as the railroads enabled new nationwide corporations that presented regulatory challenges that had not existed in a younger America, the Supreme Court of this age grew increasingly dominated by conservatives who imposed new doctrines preventing federal law from addressing the newly nationalized economy. One of the most significant distinctions drawn by the justices of this era was between the transit and sale of goods, which the Court deemed to be part of its definition of “commerce,” and activities such as “ manufacture, agriculture, mining [and] production in all its forms,” which it deemed to be beyond the reach of Congress. This distinction formed the basis for various decisions thwarting federal business regulation, including a particularly notorious case invalidating federal child labor laws.

Abbott’s proposal for an amendment prohibiting “congress from regulating activity that occurs wholly within one state” is an attempt to recreate the doctrines that led the Supreme Court to strike down child labor laws. In a white paper explaining his proposals, he endorses the view — which was discarded by the Supreme Court nearly 80 years ago — that “commerce” means only “the ‘trade’ or ‘exchange’ of goods—as distinguished from manufacturing, agriculture, or other means of producing the goods that would eventually be traded or exchanged.”

Yet his actual proposal is significantly more radical than any previous Supreme Court decision. Past decisions, after all, merely limited the federal government’s power to regulate “commerce.” Congress’s other powers, such as its power to spend money to “ provide for the common defense and general welfare of the United States” or its power to enforce civil rights protections written into the Constitution after the Civil War, were untouched by Gilded Age decisions narrowing the definition of “commerce.”

Abbott, by contrast, would forbid the federal government from “regulating activity that occurs wholly within one state.” If a local sheriff’s department, for example, actively led lynch mobs against African Americans, Abbott’s proposed amendment would forbid the federal government from stepping in unless these lynch mobs somehow crossed state lines.

Indeed, it’s difficult to count the laws that would cease to exist if Abbott’s prohibition on federal laws regulating any activity that occurs entirely within one state were written into the Constitution. Most workers, for example, do not cross state lines during the course of their workday, so the web of laws regulating the workplace would likely have to go. To give just one other particularly salient example, few restaurants are built straddling a state line, so the federal ban on whites-only lunch counters also would likely be unconstitutional since the actual act of serving food at such a restaurant occurs entirely within one state. A short list of laws that would either be drastically shrunk or invalidated entirely if Abbott got his way includes “the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the sick leave portions of the Family and Medical Leave, the Freedom of Access to Clinics Act, as well as minimum wage and maximum hour laws and labor and environmental laws.”

A Stew of Radicalism It’s worth noting that Abbott’s plan to effectively undo much of the twentieth century is only one part of his agenda. His other proposals include a balanced budget amendment, two amendments that appear designed to shut down regulation from agencies such as the Environmental Protection Agency and the Department of Labor in its entirety, an expansion of state officials’ ability to sue the federal government, and proposals allowing a two-thirds supermajority of the states to “override a U.S. Supreme Court decision” or “override a federal law or regulation.”

The proposal to allow two-thirds of states to repeal a federal law mirrors a similar proposal by Randy Barnett, a libertarian law professor who has also suggested that Social Security violates “the original meaning of the Constitution.” Such a proposal also appears in The Liberty Amendments, a book by the popular right-wing radio host Mark Levin.

Were this proposal to become part of our founding document, it would build upon one of the greatest anomalies in the original Constitution. Because our Constitution gives each state two senators, regardless of whether anyone actually lives there, a voter in Wyoming effectively enjoys 66 times as much representation in the Senate as a voter in California. Wyoming’s two senators represent just 0.18 percent of the nation, but they still receive two percent of the Senate’s votes. Allowing a supermajority of states, as opposed to a supermajority of voters, to repeal a law would expand upon this favoritism towards small states.

In any event, however, such a repeal amendment could be irrelevant if Abbott’s full package actually became part of the Constitution. His other proposals would hobble the federal government so severely that it’s not clear that it could pass many laws at all.