Connect with us
https://tickernews.co/wp-content/uploads/2023/10/AmEx-Thought-Leaders.jpg

Ticker Views

How well are America’s governing institutions holding up? | ticker VIEWS

Published

on

This week, two branches of the government of the United States, as established by the Constitution of the United States, face clear and present dangers – actions of contempt – that threaten the rule of law in the United States

Contempt challenges for congress and the supreme court

The House of Representatives will begin the process of punishing, by seeking criminal prosecution, a man named Stephen Bannon, a former aide to President Donald Trump who continued to serve as an unofficial advisor in the last years of Trump’s term.

Bannon was with Trump and in conversations with Trump in the days leading up to the deadly insurrection on January 6, whose purpose was to stop the certification by Congress of the 2020 presidential election and the peaceful transfer of power to Joe Biden, who won the election.

BRUCE WOLPE ON Former Trump Aide Steve Bannon is under fire for not cooperating with the investigation in the January 6 capitol riots

The House of Representatives has established a Select Committee to investigate all aspects of the insurrection:  what happened, who was responsible, what plans were in place to protect the Capitol, what was the chain of command and steps taken to send forces to put down the violence and clear the Capitol.

The Select Committee also wants to know what the President did that day, who he talked with and what was said, what decisions were made, what his intentions were. Both the Vice President and the Speaker of the House – the next officials in the line of succession to the President – were targets of the mob.

Bannon’s testimony is crucial to understanding the events of that day and what Trump did that day

Bannon is refusing to testify, citing orders from Trump that he not cooperate, with Trump citing “executive privilege”: the ability of a president to shield officials and documents from investigation.

But the United States has but one president at a time. The only president who can assert executive privilege is the one in the Oval Office. And President Biden has waived any assertion of executive privilege for the purposes of the Select Committee’s work.

Bannon is happy to talk to the media, and to authors of books about Trump, and is free to give them his account of what he knows of what Trump was doing to overturn the election. But he will not comply with a subpoena from the House Select Committee to give evidence.

The Select Committee will find Bannon in contempt for refusing to testify. The House will vote a resolution seeking action by the Justice Department to enforce the Committee’s subpoena to Bannon through a criminal prosecution for his contempt. 

Why is this important?

Under the Constitution, the Congress is a co-equal branch of government, equal in stature to the Executive. Congress’ constitutional responsibility is to ensure that the Executive Branch conducts its business in conformity with the laws Congress has passed.

If Congress cannot oversee activities by Executive Branch officials and those who engage with it, Congress cannot fulfil its duties, meaning that there is no check and balance on what the president does.

With only a handful of exceptions, Republicans will vote against this contempt proceeding. Which means they are voting to permanently weaken the Congress with respect to the President.

Which means that, should Republicans take control of the House, there will be a precedent for their oversight work to be stonewalled. Which means that presidential abuses of power can easily be beyond the reach of the rule of law under the Constitution.

United States Supreme Court Building

The Supreme Court will receive an urgent appeal from the Department of Justice, asking to overturn a lower court decision that removed an injunction on the new abortion law of Texas. That law bans abortions after 6 weeks and enables any citizen to sue – and get a $10,000 bounty if successful – anyone who provides an abortion or assists in an abortion (including anyone who drives a woman to a health clinic for an abortion that is illegal under the Texas law).

The Texas statute on its face is plainly, inescapably unconstitutional under landmark Supreme Court decisions in 1973 and 1992 that established abortion as a woman’s right to so choose under the Constitution. As the New York Times explains,

Supreme Court precedents prohibit states from banning abortion before fetal viability, the point at which fetuses can sustain life outside the womb, or about 22 to 24 weeks into a pregnancy. That makes the Texas law unconstitutional under the controlling precedents.

The unconstitutionality of the Texas law could not be plainer. 

In addition, it is a tenet of jurisprudence that judges be guided by the doctrine of stare decisis. A legal policy unit at Cornell Law School describes the doctrine:

Stare decisis is Latin for “to stand by things decided.”  In short, it is the doctrine of precedent.

Courts cite to stare decisis when an issue has been previously brought to the court and a ruling already issued. According to the Supreme Court, stare decisis “promotes the evenhanded, predictable, and consistent development of legal principles, fosters reliance on judicial decisions, and contributes to the actual and perceived integrity of the judicial process.” In practice, the Supreme Court will usually defer to its previous decisions even if the soundness of the decision is in doubt.

Trump appointed three justices to the Court during his term, giving the Court a solid conservative majority

All were selected with the belief that they could – and likely would – vote to overturn Roe v Wade, the bedrock abortion rights decision. In the hyper-intensive atmosphere involving the confirmations of now-Justices Neil Gorsuch, Brett Kavanaugh and Amy Comey Barrett, they all pledged respect for stare decisis.

We are about to fund out, as the Supreme Court considers the Texas case, and also in December a Mississippi case outlawing abortion after 15 weeks, if this Supreme Court will overturn abortion rights. 

And we will therefore find out whether this Supreme Court also has contempt for the rule of law.

These challenges test how well America’s governing institutions are holding up under the immense strains of the Trump presidency. And how strong governance truly is in the US right now.

Bruce Wolpe is a Ticker News US political contributor. He’s a Senior Fellow at the US Studies Centre and has worked with Democrats in Congress during President Barack Obama's first term, and on the staff of Prime Minister Julia Gillard. He has also served as the former PM's chief of staff.

Ticker Views

Israeli President Herzog visits Australia amid rising antisemitism

Israeli President Herzog’s Australia visit strengthens solidarity and shared values amid recent attacks on the Jewish community.

Published

on

Israeli President Herzog’s Australia visit strengthens solidarity and shared values amid recent attacks on the Jewish community.


Israeli President Isaac Herzog’s visit to Australia marks a significant moment of solidarity between the two nations, especially following recent tragic attacks affecting the Jewish community. The visit underscores shared democratic values and a commitment to combating antisemitism.

Professor Tim Harcourt from UTS discusses the deeper significance of the visit, including the Australian government’s message and the broader implications for Jewish Australians. The timing, following the Bondi attack, highlights the sensitive context in which this diplomatic engagement occurs.

Subscribe to never miss an episode of Ticker – https://www.youtube.com/@weareticker


Download the Ticker app

Continue Reading

Ticker Views

Rebuilding Gaza: Lessons from the Phoenix Plan

Published

on

What will a rebuilt Gaza look like? The competing visions for the Strip’s future

A girl walks along a street in Gaza to get food during the war between Hamas and Israel.
Jaber Jehad Badwan / Wikimedia Commons, FAL

Timothy J. Dixon, University of Reading; University of Oxford

Following a visit to Gaza in January, the UN undersecretary general, Jorge Moreira da Silva, called the level of destruction there “overwhelming”. He estimated that, on average, every person in the densely populated territory is now “surrounded by 30 tonnes of rubble”.

This staggering level of destruction raises urgent questions about how, and by whom, Gaza should be rebuilt. Since 2023, a variety of reconstruction plans and other initiatives have tried to imagine what Gaza could look like when the conflict ends for good. But which of these visions will shape Gaza’s future?

The Israeli government’s Gaza 2035 plan, which was unveiled in 2024, lays out a three-stage programme to integrate the Gaza Strip into a free-trade zone with Egypt’s El-Arish Port and the Israeli city of Sderot.

AI renderings show futuristic skyscrapers, solar farms and water desalination plants in the Sinai peninsula. The plan also shows offshore oil rigs and a new high-speed rail corridor along Salah al-Din Road, Gaza’s main highway that connects Gaza City and Rafah.

The US government has proposed a similar futuristic vision for Gaza. Its August 2025 Gaza Reconstitution, Economic Acceleration and Transformation Trust plan shows a phased series of modern, AI-powered smart cities developed over a ten-year time frame. The plan, which would place Gaza under a US-run trusteeship, suggested that poor urban design lies at the heart of “Gaza’s ongoing insurgency”.

Jared Kushner presenting the ‘Gaza Riviera’ Project at World Economic Forum in Davos, January 2026.

The latest iteration of this vision was unveiled by Donald Trump’s son-in-law, Jared Kushner, at the recent World Economic Forum in Davos.

He presented slides showing Gaza reconstructed as a “Riviera” of the Middle East, with luxury beachfront resorts, gleaming tower blocks, residential zones and modern transport hubs. Kushner suggested it was “doable” to complete the construction of a “new” Rafah city in “two to three years”.

It has been reported that the US and Israeli visions are heavily influenced by US-based economics professor Joseph Pelzman’s economic plan for Gaza. This plan, Pelzman said on a podcast in 2024, would involve destroying Gaza and restarting from scratch.

In contrast to the US and Israeli visions, the February 2025 Gaza “Phoenix” plan includes input from the people of Gaza. It has a much stronger focus on maintaining and reconstructing the existing buildings, culture and social fabric of the enclave.

The plan was developed by a consortium of international experts together with professionals and academics from Gaza, the West Bank and the Palestinian diaspora, and suggests a reconstruction and development phase of at least five years.

Other plans from the Arab world take a more technocratic view of reconstruction, but still have a short timescale for reconstruction. These include a five-year plan by the United Arab Emirates-based Al Habtoor Group, which promises to grant 70% of ownership in the holding company that will manage Gaza’s reconstruction to the Palestinians.

Feasibility of rebuilding Gaza

So, how feasible are these different visions and how inclusive are they for the people of Gaza? Rebuilding cities after war takes time and money, and also requires local resources. Even in China, a country with plentiful resources and abundant skilled labour, major new cities are rarely completed in less than 20 years.

And in Gaza rebuilding will be complicated by the fact that there are now 61 million tonnes of rubble there, as well as other hazardous debris such as unexploded munitions and human remains. This will need to be removed before any reconstruction can commence, with the UN estimating that clearing the rubble alone could take as long as 20 years.

For comparison, the Polish capital of Warsaw experienced a similar level of destruction during the second world war and it took four decades to rebuild and reconstruct the city’s historic centre. The time frames for reconstruction outlined in all of the plans for Gaza are far shorter than this and, even with modern construction methods, are unlikely to be feasible.

The US and Israeli visions also fail to include Palestinians in the planning of Gaza’s future, overlooking any need to consult with Gazan residents and community groups. This has led critics to argue that the plans amount to “urbicide”, the obliteration of existing cultures through war and reconstruction.

Reports that suggest Gazan residents will be offered cash payments of US$5,000 (£3,650) to leave Gaza “voluntarily” under the US plan, as well as subsidies covering four years of rent outside Gaza, will not have alleviated these concerns.

At the same time, the US plan does not propose a conventional land compensation programme for Gazan residents who lost their homes and businesses during the war. These people will instead be offered digital tokens in exchange for the rights to redevelop their land.

The tokens could eventually be redeemed for an apartment in one of Gaza’s new cities. But the plan also envisages the sale of tokens to investors being used to fund reconstruction. The Council on American-Islamic Relations, the largest Muslim civil rights and advocacy organisation in the US, says the “mass theft” of Palestinian land through the token scheme would amount to a war crime.

With their emphasis on community engagement and the repair and renewal of existing structures, the Phoenix plan and the other Arab-led visions are at least a step forward. But without a fully democratic consensus on how to rebuild Gaza, it is difficult to see how the voices of the Gazan people can be heard.

Whichever vision wins out, history shows that post-war reconstruction succeeds when it involves those whose lives have been destroyed. This is evidenced somewhat ironically by the US Marshall Plan, which funded the reconstruction of many European economies and cities after the second world war, and involved close engagement with civil society and local communities to achieve success.The Conversation

Timothy J. Dixon, Emeritus Professor in the School of the Built Environment, University of Reading; University of Oxford

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Continue Reading

Ticker Views

Winter Olympic security tightens as US-European tensions grow

Published

on

Winter Olympic security tightens as US-European tensions grow

Keith Rathbone, Macquarie University

Since the murder of 11 Israeli hostages at the 1972 Munich Summer Olympics, security has been fundamental for games stakeholders.

The 2024 Paris games set new benchmarks for security at a mega-event, and now the presence of American security officials in Milan Cortina threatens to darken this year’s Winter Olympics before they even start.

Security at the games

The scale of security at the games has magnified considerably since the 1970s.

For the 2024 Olympics, the French government mobilised an unprecedented 45,000 police officers from around the nation.

For the opening ceremony, these forces cordoned off six kilometres of the Seine River.

Advocates point to Paris as an example of security done correctly.

Milipol Paris – one of the world’s largest annual conferences on policing and security – pointed to lower crime across the country during the games and a complete absence of any of the feared large security events. It stated:

The operation demonstrated the effectiveness of advanced planning, inter-agency cooperation and strong logistical coordination. Authorities and observers are now reflecting on which elements of the Paris 2024 model might be applied to future large-scale events.

However, critics complained the security measures infringed on civil liberties.

Controversy as ICE heads to Italy

Ahead of the Milan Cortina games, which run from February 4-23, Italian officials promised they were “ready to meet the challenge of security”.

A newly established cybersecurity headquarters will include officials from around the globe, who will sift through intelligence reports and react to issues in real time.

As well as this, security will feature:

  • 6,000 officers to protect the two major locations – Milan and Cortina d’Ampezzo
  • a no-fly zone around key sites
  • a constant restricted access cordon around some sites (as seen in Paris).

Some of the security officers working in the cybersecurity headquarters will come from the United States.

Traditionally the US diplomatic security service provides protection for US athletes and officials attending mega-events overseas. It has been involved in the games since 1976.

Late last month, however, news broke that some of the officers will be from “a unit of US Immigration and Customs Enforcement (ICE)”.

US and Italian officials were quick to differentiate between Homeland Security Investigations (HSI), which handles cross-border crime, and Enforcement and Removal Operations, the department responsible for the brutal crackdown on immigrant communities across the US.

The HSI has helped protect athletes at previous events and will be stationed at the US Consulate in Milan to provide support to the broader US security team at the games.

But the organisation’s reputation precedes them, and Italians are wary.

In Milan, demonstrators expressed outrage. Left-wing Mayor Giuseppe Sala called ICE a “a militia that kills” while protests broke out in the host cities.

US-European relations are stretched

The presence of ICE has also illuminated fractures within Italian Prime Minister Giorgia Meloni’s governing coalition.

Foreign Minister Antonio Tajani defended the inclusion of the US officers, saying “it’s not like the SS are coming”, referring to the Nazis paramilitary force in Germany.

However, local officials, including those from Meloni’s centre-right coalition, expressed concerns.

The tension inside Meloni’s government reflects broader concerns on the continent about US-European relations.

US Vice President JD Vance and Secretary of State Marco Rubio will attend the opening ceremony in Milan, despite some Europeans viewing Vance as the mouthpiece for US President Donald Trump’s imperial agenda.

Trump’s desire to take over Greenland has undermined American and European support for trans-Atlantic amity and the NATO alliance.

Just ahead of the Olympics, Danish veterans marched outside the US Embassy after Trump disparaged NATO’s contribution to US-led operations in Iraq and Afghanistan. These protests added to Danes’ fears about Trump’s Greenland ambition.

Tensions in Denmark remain high as the Americans and the Danes gear up to play ice hockey in the opening round robin of the men’s competition.

Elsewhere, politicians in the US on both sides have raised concerns that Trump’s bombastic rhetoric will make it harder for American athletes to compete and win.

A double standard?

Critics argue there is an American exception when it comes to global politics interfering in international sport.

Under Trump, the US has attacked Iran and Venezuela, called on Canada to become its 51st state, threatened to occupy Greenland and engaged in cross-border operations in Mexico.

Despite this, US competitors can still wear their nation’s colours at the Olympics.

Compare this to Belarussian and Russian athletes, who are only eligible to compete as Individual Neutral Athletes after the Russian invasion of Ukraine, and only under the condition they have not been publicly supportive of the invasion. An International Olympic Committee (IOC) body assesses each competitor’s eligibility.

Israeli athletes have also been under the spotlight amid geopolitical tensions in the region.

Following the Israeli invasion of Gaza in October 2023, a panel of independent experts at the United Nations urged soccer’s governing body FIFA to ban Israeli athletes, stating:

sporting bodies must not turn a blind eye to grave human rights violations.

But FIFA, and the IOC, have recently defended Israeli athletes’ right to participate in international sport in the face of boycotts and protests.

Competitors from Israel can represent their country at the Winter Olympics.

The political developments which have caused ructions worldwide ironically come after the IOC’s 2021 decision to update the Olympic motto to supposedly recognise the “unifying power of sport and the importance of solidarity”.

The change was a simple one, adding the word “together” after the original three-word motto: “faster, higher, stronger”.

It remains to be seen whether the Milan Cortina games live up to every aspect of the “faster, higher, stronger – together” motto, not just the first three words.The Conversation

Keith Rathbone, Senior Lecturer, Modern European History and Sports History, Macquarie University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Continue Reading

Trending Now