American Voters: Still Up for Grabs

A Washington Post-ABC News poll released on Friday found that two-thirds of Americans would consider voting for a third-party presidential candidate, while 48 percent definitely wanted a third party in the race. Now what does that tell you? It tells you that with the campaign about to go into full swing, as the president delivers his State of the Union address next week, voters are still casting about for a leader with a winning message. I can save both parties a lot of money. I am one of those voters, and I can tell you exactly for whom I want to vote — and I don’t think I’m alone.

I want to vote for a candidate who advocates an immediate investment in infrastructure that will create jobs and upgrade America for the 21st century — ultrafast bandwidth, highways, airports, public schools, mass transit — and combines that with a long-term plan to fix our fiscal imbalances at the real scale of the problem, a plan that could be phased in as the economy recovers.

On the latter point, I am talking about the Bowles-Simpson bipartisan deficit reduction plan — or something equally serious and with a chance of bipartisan support. President Obama has proposed smart infrastructure investments, but he has not paired them with a credible long-term deficit-reduction plan, and the only chance of passage in Congress is to have both. Mitt Romney is not even close.

Christina Romer, the former chairwoman of Obama’s Council of Economic Advisers, put it best when she told this newspaper on Dec. 31 that the U.S. “faces two daunting economic problems: an unsustainable long-run budget deficit and persistent high unemployment. ... Over the next 20 to 30 years, rising health care costs and the retirement of the baby boomers are projected to cause deficits that make the current one look puny. At the rate we’re going, the United States would almost surely default on its debt one day. ... We already have a blueprint for a bipartisan solution. The Bowles-Simpson commission hashed out a sensible plan of spending cuts, entitlement program reforms and revenue increases that would shave $4 trillion off the deficit over the next decade. It shares the pain of needed deficit reduction, while protecting the most vulnerable and maintaining investments in our future productivity.

“But we can’t focus on the deficit alone,” added Romer. “Persistent unemployment is destroying the lives and wasting the talents of more than 13 million Americans. Pairing additional strong stimulus with a plan to reduce the deficit would likely pack a particularly powerful punch for confidence and spending.”

Second, I want to vote for a candidate who is committed to reforming taxes, and cutting spending, in a fair way. The rich must pay more, but everyone has to pay something. We are all in this together.

Third, I want to vote for a candidate who has an inspirational vision, not just a plan to balance the budget. People will sacrifice to make this country great again if they think you have a real plan for American success in the 21st century. And that plan is obvious. We’re not going to be about launching one big moon shot anymore. We need to be building a country where everyone in the world wants to come to launch their own moon shot — their own company, their own start-up — because we have the best immigration policies, regulations, schools and incentives. We can’t tax or cut our way to prosperity and jobs. We have to invent our way there. We need both more “Made in America” and “Imagined in America.”

Finally, I want to vote for a candidate who supports a minimum floor of public financing of presidential, Senate and House campaigns. Money in politics is out of control today. Our Congress has become a forum for legalized bribery. Americans are losing faith in the instruments of government because they think the game is rigged by big money — and they’re right.

Any candidate with that four-part agenda would win — and so would the country, because he would win with a mandate to do what needs doing.

“The people are so far ahead of the politicians,” says the Democratic pollster Stan Greenberg. His polling, he adds, shows that many Americans today “think that China, Germany and Brazil have strategies for success, and that we don’t. But they are looking for that. They are looking for a leader who will be really bold.”

People have been misled by months of crazy G.O.P. debates that make the country look so much more divided, small-minded and unwilling to sacrifice to fix our problems than it actually is. That’s why I’d bet anything that the first candidate who steps out of the cartoonish politics of destruction — “Romney is just a capitalist vulture. Obama is a Kenyan socialist” — and shocks the public by going radically responsible, radically honest, radically demanding and radically aspirational, along the lines above, will be our next president.

I hope it is Obama, because I agree with him on so many other issues. But if it’s Romney, he’d deserve to win. And, if by some miracle, both run that campaign, and the 2012 contest is about two such competing visions, then put every dollar you own in the U.S. stock market. It will go up a gazillion points.

Justices Say GPS Tracker Violated Privacy Rights

WASHINGTON — The Supreme Court on Monday ruled unanimously that the police violated the Constitution when they placed a Global Positioning System tracking device on a suspect’s car and monitored its movements for 28 days.

A set of overlapping opinions in the case collectively suggested that a majority of the justices are prepared to apply broad privacy principles to bring the Fourth Amendment’s ban on unreasonable searches into the digital age, when law enforcement officials can gather extensive information without ever entering an individual’s home or vehicle.

Walter Dellinger, a lawyer for the defendant in the case and a former acting United States solicitor general, said the decision was “a signal event in Fourth Amendment history.”

“Law enforcement is now on notice,” Mr. Dellinger said, “that almost any use of GPS electronic surveillance of a citizen’s movement will be legally questionable unless a warrant is obtained in advance.”

An overlapping array of justices were divided on the rationale for the decision, with the majority saying the problem was the placement of the device on private property.

But five justices also discussed their discomfort with the government’s use of or access to various modern technologies, including video surveillance in public places, automatic toll collection systems on highways, devices that allow motorists to signal for roadside assistance, location data from cellphone towers and records kept by online merchants.

The case concerned Antoine Jones, who was the owner of a Washington nightclub when the police came to suspect him of being part of a cocaine-selling operation. They placed a tracking device on his Jeep Grand Cherokee without a valid warrant, tracked his movements for a month and used the evidence they gathered to convict him of conspiring to sell cocaine. He was sentenced to life in prison.

The United States Court of Appeals for the District of Columbia Circuit overturned his conviction, saying the sheer amount of information that had been collected violated the Fourth Amendment, which bars unreasonable searches. “Repeated visits to a church, a gym, a bar or a bookie tell a story not told by any single visit, as does one’s not visiting any of those places in the course of a month,” Judge Douglas H. Ginsburg wrote for the appeals court panel.

The Supreme Court affirmed that decision, but on a different ground. “We hold that the government’s installation of a GPS device on a target’s vehicle, and its use of that device to monitor the vehicle’s movements, constitutes a ‘search,’ ” Justice Antonin Scalia wrote for the majority. Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Clarence Thomas and Sonia Sotomayor joined the majority opinion.

“It is important to be clear about what occurred in this case,” Justice Scalia went on. “The government physically occupied private property for the purpose of obtaining information. We have no doubt that such a physical intrusion would have been considered a ‘search’ within the meaning of the Fourth Amendment when it was adopted.”

When the case was argued in November, a lawyer for the federal government said the number of times the federal authorities used GPS devices to track suspects was “in the low thousands annually.”

Vernon Herron, a former Maryland state trooper now on the staff of the University of Maryland’s Center for Health and Homeland Security, said state and local law enforcement officials used GPS and similar devices “all the time,” adding that “this type of technology is very useful for narcotics and terrorism investigations.”

Monday’s decision thus places a significant burden on widely used law enforcement surveillance techniques, though the authorities remain free to seek warrants from judges authorizing the surveillance.

In a concurrence for four justices, Justice Samuel A. Alito Jr. faulted the majority for trying to apply 18th-century legal concepts to 21st-century technologies. What should matter, he said, is the contemporary reasonable expectation of privacy.

“The use of longer-term GPS monitoring in investigations of most offenses,” Justice Alito wrote, “impinges on expectations of privacy.” Justices Ruth Bader Ginsburg, Stephen G. Breyer and Elena Kagan joined the concurrence.

“We need not identify with precision the point at which the tracking of this vehicle became a search, for the line was surely crossed before the four-week mark,” Justice Alito wrote. “Other cases may present more difficult questions.”

Justice Scalia said the majority did not mean to suggest that its property-rights theory of the Fourth Amendment displaced the one focused on expectations of privacy.

“It may be that achieving the same result through electronic means, without an accompanying trespass, is an unconstitutional invasion of privacy, but the present case does not require us to answer that question,” he wrote.

Justice Sotomayor joined the majority opinion, agreeing that many questions could be left for another day “because the government’s physical intrusion on Jones’s Jeep supplies a narrower basis for decision.”

But she left little doubt that she would have joined Justice Alito’s analysis had the issue he addressed been the exclusive one presented in the case.

“Physical intrusion is now unnecessary to many forms of surveillance,” Justice Sotomayor wrote.

She added that “it may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties.”

“People disclose the phone numbers that they dial or text to their cellular providers; the URLs that they visit and the e-mail addresses with which they correspond to their Internet service providers; and the books, groceries and medications they purchase to online retailers,” she wrote. “I, for one, doubt that people would accept without complaint the warrantless disclosure to the government of a list of every Web site they had visited in the last week, or month, or year.”

Justice Alito listed other “new devices that permit the monitoring of a person’s movements” that fit uneasily with traditional Fourth Amendment privacy analysis.

“In some locales,” he wrote, “closed-circuit television video monitoring is becoming ubiquitous. On toll roads, automatic toll collection systems create a precise record of the movements of motorists who choose to make use of that convenience. Many motorists purchase cars that are equipped with devices that permit a central station to ascertain the car’s location at any time so that roadside assistance may be provided if needed and the car may be found if it is stolen.”