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Sunday, February 05, 2006
Rebuilding New Orleans: Competing Visions
Stephen Griffin
In the wake of the State of the Union address, there was a flurry of activity which brought into sharper focus the competing visions on how to rebuild New Orleans and southeast Louisiana generally. There was a sharp negative reaction in Louisiana to the State of the Union because President Bush said so little about Hurricane Katrina and its aftermath. He did not recognize those American citizens who died or those who had risked their lives to save thousands. He did not reaffirm his September pledge to rebuild New Orleans. Instead, he referred to the total amount of money that has been authorized by the federal government so far – $85 billion. In Louisiana, we are heartily sick of hearing this figure.
Comments:
a few words from a former resident of new orleans.
it pains me to see what has happened to the city and the residents. the response of elected officials at all levels pains me even more. my family and i had thought of going to new orleans for mardi gras, simply to show our support for the city and friends of ours who remain there. aside from the issue of lack of hotel rooms (most appear to be still tied up by FEMA), in speaking with these friends, i was told not to come. as much as they want mardi gras to go off and to reap whatever economic benefit it may bring to the city and region, i am told by them that there is very little to see in the city right now. the french quarter is back in business. most of the garden district is up and running. the problem is the lack of residents moving back due to the slow rebuilding process. as a result, few schools, few stores, and very few businesses outside of the traditional tourist areas are open, almost none into the evening. the locals i have spoken to reflect the anger simmering below the surface in steve griffin's post. while they blame the mayor and the governor for their inept response in the planning and immediate aftermath of katrina, the overt anger at the bush administration is something i have not seen in quite a while. those i have spoken with offer the opinion that there is no plan to reconstruct the city; only photo ops for the president. as steve pointed out, it is one thing to make a speech, and talk about money authorized. it is another to actually have a plan, and put forward some tangible effort to rebuild. the locals do not believe there is any plan, and further believe that the only tangible efforts of the administration to date are to block any real plans, such as the baker plan, to do anything. as for the locals, hang in there guys. we are with you. as for the politicos, it will be more than interesting to see how this translates in the polls over the next election cycle.
C'mon, Stephen, you don't really see the rebuilding of New Orleans as being this complicated, do you?
As long as Karl Rove heads up Bush's Gulf-coast rebuilding effort, nothing will happen in New Orleans that allows a deeply Democratic city to rise again. It's that simple.
Rebuilding the city isn't that complicated, perhaps, but however politically necessary it is to make noises about doing it, it's a remarkably stupid thing to do. Remember that definition of insanity? "Doing the same thing over and over, and expecting a different result."?
When it's politically necessary to make noises about doing something which is objectively stupid to do, not matching deeds to words is a quite common compromise. I'd personally rather the administration simply explain, publicly, why New Orleans should not be rebuilt, unless the people who want to live there are prepared to do it on their own nickle. I, of course, don't have to face the voters.
As much as I love Southeast Louisiana with all my heart, I do not share your point of view on the rebuilding effort.
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The rest of the nation, via federal dollars, should not bear the cost of rebuilding private residence or business. The federal government has the obiligation to rebuild federally maintained infrastructure, and as such, this should be their priority. If Blanco and the goons in Baton Rouge want to skyrocket the state tax rate to help fund the private rebuilding effort, so be it. But the money to rebuild homes built in known flood zones should fall squarely on the homeowner. Private insurance exists to aid them (and there is a reason private insurance doesn't cover these regions--they are in the business of risk management, and they know when the threat of loss is too much to bear.) FEMA's greatest failure (of many) is allowing its mission to be extended to realms it should have never been in the first place.
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Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013)
James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues
Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013)
Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012)
Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012)
Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012)
Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012)
Jack M. Balkin, Living Originalism (Harvard University Press, 2011)
Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011)
Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011)
Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011)
Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011)
Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010)
Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic
Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010)
Mark Tushnet, Why the Constitution Matters (Yale University Press 2010)
Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010)
Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009)
Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009)
Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009)
Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009)
Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009)
Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008)
David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007)
Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007)
Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007)
Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006)
Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006)
Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006)
Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006)
Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006)
Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005)
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