On the night of Obama's re-election and the following day, many conservative Christian friends of mine seemed to take solace in God's sovereignty. There is a right and wrong way to do this.
If you take comfort in knowing that no events brought about by human choice can do anything to deter the All Holy and Good God from accomplishing His plan for creation and humanity, then you are right to be comforted.
If, however, you believe that because God is sovereign He will not allow democracies to bring ruin upon themselves by adopting a corrupt and morally bankrupt ideology and appointing leaders committed to it, or that He won't allow our nation to fall, or He won't allow our children to suffer because of our choices, then your comfort is sadly misplaced and naive. See: history.
God is sovereign and empires -- even 'Christian' ones -- fall. God is sovereign and His children suffer in this life. God is sovereign and humans freely choose misery for themselves. If you acknowledge all this and still take comfort and solace in God's sovereignty, and are prepared to rejoice even in the midst of these conditions, then Amen my brother.
Showing posts with label Obama. Show all posts
Showing posts with label Obama. Show all posts
Friday, November 16, 2012
Monday, July 2, 2012
John Roberts' Staining of the Court
I've declined to do much blogging on political topics of late, content to leave the task to others more capable and knowledgeable than myself in that area. However, shock, horror, disbelief, and outrage are magnificent motivators to write and have provided fuel for my flame.
Were my angst and discontent over the recent Supreme Court Obamacare ruling a mere matter of technical disagreement on the legal specifics of the case, I would respectfully -- but vehemently -- object to the opinion of Chief Justice John Roberts, siding with the four dissenters. However, the written opinion itself raised questions about whether Roberts' conclusion was purely wrought in the fires of Constitutional jurisprudence, and subsequent information is confirming suspicions that it was not. Instead it seems as if the opinion was the product of the Chief Justice weighing a variety of considerations and interests, many of which have nothing to do with his duties as a faithful interpreter of the text and of the relevant precedents. It's not only that Roberts has erred in his decision, going beyond the principle of generous interpretation and effectively legislating from the bench -- which would be bad enough -- but that his motivations for doing so seem to be concerns which should be, in principle, bracketed out to begin with and never taken into consideration.
Considerations such as the role of Chief Justice as a "steward" of the court, or of "the court's reputation", or making compromises toward some imaginary "long view", or declining to "obstruct" Congress and the President on an important piece of legislation. If faithful, accurate interpretation and application of the Constitution causes the "reputation of the court" to suffer, then please suffer dutifully and with honor. If reading the caterwauling of the elite media class causes you to believe the "reputation of the court" is actually at stake when it isn't, then please put down the New York Times Op-ed page immediately. If it makes you uncomfortable to strike down the cornerstone of a President's political and legislative agenda, then please decline to take the oath of your office which requires you to -- at times -- do precisely that.
Were my angst and discontent over the recent Supreme Court Obamacare ruling a mere matter of technical disagreement on the legal specifics of the case, I would respectfully -- but vehemently -- object to the opinion of Chief Justice John Roberts, siding with the four dissenters. However, the written opinion itself raised questions about whether Roberts' conclusion was purely wrought in the fires of Constitutional jurisprudence, and subsequent information is confirming suspicions that it was not. Instead it seems as if the opinion was the product of the Chief Justice weighing a variety of considerations and interests, many of which have nothing to do with his duties as a faithful interpreter of the text and of the relevant precedents. It's not only that Roberts has erred in his decision, going beyond the principle of generous interpretation and effectively legislating from the bench -- which would be bad enough -- but that his motivations for doing so seem to be concerns which should be, in principle, bracketed out to begin with and never taken into consideration.
Considerations such as the role of Chief Justice as a "steward" of the court, or of "the court's reputation", or making compromises toward some imaginary "long view", or declining to "obstruct" Congress and the President on an important piece of legislation. If faithful, accurate interpretation and application of the Constitution causes the "reputation of the court" to suffer, then please suffer dutifully and with honor. If reading the caterwauling of the elite media class causes you to believe the "reputation of the court" is actually at stake when it isn't, then please put down the New York Times Op-ed page immediately. If it makes you uncomfortable to strike down the cornerstone of a President's political and legislative agenda, then please decline to take the oath of your office which requires you to -- at times -- do precisely that.
Wednesday, September 7, 2011
Obama the 'Bad Negotiator'
There is a metanarrative being spun by the liberal media -- by which I mean the solid majority of mainstream newspapers, online sites, networks, cable news outlets and NPR -- that president Obama is something of a pansy, a capitulator, a bad negotiator, and one who generally kowtows to the Republican party (who narrowly controls one house of Congress). It's a fanciful suggestion with virtually no basis in reality, but it has been hammered on so relentlessly by the most influential parts of the leftist media, such as The Daily Show and Bill Maher's show, as to actually have gotten a purchase in the minds of the masses.
It's also something of a masterstroke. When liberal policies are massively failing before the world's eyes, when Keynesian madness is being exposed as the fraud that it is, what is the best way to divorce the results of the policies from the policies themselves? By pinning the problem on a personality.
Of course, the (sane, blessed) reality of the American political system is that power is kept in check, and no one branch can become too powerful. Thankfully the Constitution isn't yet so passe for this to not be the case. And, of course, this often means that the President isn't free to simply do as he pleases, which in turn means that (as always) there's some degree of truth to this lie. But what is actually happening is:
By complaining about Obama's negotiating skills and Republican obstructionism ad nauseum -- despite the relative irrelevance (or non-existence) of both -- the left gives itself what we call in the gambling world a 'freeroll'. If leftist policies and Democrat rule continue to result in predictable calamities, then the problem was Obama's personal flaws -- too willing to negotiate, too deferential, too weak etc. -- George Bush's legacy, and the Tea Party, not the actual policies of the left. If, however, we start to see some miraculous recovery in the economy, the narrative can quickly switch back to the soundness of the left's policies that have been implemented. With the latter being extremely unlikely to happen, it's wiser for the talking heads to focus on the excuses of the former.
In any case, none of this has any effect on how we conservatives view Obama. His policy agenda is disastrous, no matter how efficient he may or may not be at implementing it. It's just amusing the contortions the left will go through in order to retain fidelity to their obviously wrongheaded ideals.
By the left's own current refuse-to-give-ground-at-all-costs standard, Bill Clinton should be considered a terrible Democratic president, yet the left champions his record every chance they get (to some extent, rightly). Why? Because by giving ground, by being forced to work with a Republican Congress, by having his more progressive agenda somewhat thwarted, he actually got results. This is what happens when Democrats are actually forced to compromise and capitulate (or, better yet, when they're kept from doing anything at all), and this is precisely what is not happening today.
It's also something of a masterstroke. When liberal policies are massively failing before the world's eyes, when Keynesian madness is being exposed as the fraud that it is, what is the best way to divorce the results of the policies from the policies themselves? By pinning the problem on a personality.
Of course, the (sane, blessed) reality of the American political system is that power is kept in check, and no one branch can become too powerful. Thankfully the Constitution isn't yet so passe for this to not be the case. And, of course, this often means that the President isn't free to simply do as he pleases, which in turn means that (as always) there's some degree of truth to this lie. But what is actually happening is:
- Obama is sometimes forced to negotiate in order to get any kind of change, not because it's his desire to give up ground, but because he has no other choice given the confines of the system. But it's no more true of Obama's situation than any president with split Houses of Congress, and it was even less true during his first two years in office when the Democrats controlled both Houses.
- More often than not it's the right who gets the worst end of every deal, but the status quo is so strongly leftist that any small concession to the right looks rather massive to someone who doesn't recognize the standing imbalance. A continuation of the extant policies of Washington is virtually always a continuation of strongly liberal policies -- and this has been true since FDR, with only a semblance of a reprieve under Reagan -- so that any modest deviation in a rightward direction appears, understandably, massive. In reality, the concessions to the right are always minuscule or imaginary (such as 'cuts' in the budget which are actually budget increases slightly lessened, say from 9 trillion to 8 trillion).
- Obama actually did campaign on a promise to compromise and 'reach across the aisle' etc., so, to some extent, if he does look to make deals and give up some ground, he's simply keeping a campaign promise. Progressives voted for him knowing this was at least one element of his platform, and so they can't rightly complain even if he was often giving up ground (though he isn't).
By complaining about Obama's negotiating skills and Republican obstructionism ad nauseum -- despite the relative irrelevance (or non-existence) of both -- the left gives itself what we call in the gambling world a 'freeroll'. If leftist policies and Democrat rule continue to result in predictable calamities, then the problem was Obama's personal flaws -- too willing to negotiate, too deferential, too weak etc. -- George Bush's legacy, and the Tea Party, not the actual policies of the left. If, however, we start to see some miraculous recovery in the economy, the narrative can quickly switch back to the soundness of the left's policies that have been implemented. With the latter being extremely unlikely to happen, it's wiser for the talking heads to focus on the excuses of the former.
In any case, none of this has any effect on how we conservatives view Obama. His policy agenda is disastrous, no matter how efficient he may or may not be at implementing it. It's just amusing the contortions the left will go through in order to retain fidelity to their obviously wrongheaded ideals.
By the left's own current refuse-to-give-ground-at-all-costs standard, Bill Clinton should be considered a terrible Democratic president, yet the left champions his record every chance they get (to some extent, rightly). Why? Because by giving ground, by being forced to work with a Republican Congress, by having his more progressive agenda somewhat thwarted, he actually got results. This is what happens when Democrats are actually forced to compromise and capitulate (or, better yet, when they're kept from doing anything at all), and this is precisely what is not happening today.
Wednesday, May 11, 2011
Republican Machine vs. Common (the rapper)
I'm torn. One of my top 2-3 favorite rappers from the 90s (not so much from the 00s) is in the news and is being disparaged by my fellow Republicans. Whose side to take?!
If you haven't heard Common has been invited to the White House by Michelle Obama to participate in a poetry forum, or some such event. Common, as far as popular rappers go, is a relatively unconstroversial figure and, if anything, is something of a posterboy for soft, positive, 'conscious' rap. Still, even rappers of this archetype can't avoid the occasional use of violent, homophobic or misogynistic rhetoric, if only employed metaphorically.
Larry Elder posted a link to an appearance on Def Poetry Jam by Common in which he referenced carrying a gun and cop killing on multiple occasions within a single verse, and there isn't much room to interpret him metaphorically. Add the instances of such lyrics to the fact that he has voiced support of Mumia Abdul-Jamal and attended Reverend Jeremiah Wright's church and you can see why conservative commentators would consider the man to be an absolute menace. Ideologically, I actually share their concerns. I've always enjoyed Common as an artist (especially from 1994-1997) but don't necessarily share much common ground with him in terms of ideology. For me his most offensive work is probably his (non-violent, 'positive') song "G.O.D." in which he pronounces faith in a kind of Unitarian, new-agey, 'spiritual' God (the first line that springs to mind is: "Curiosity killed the cat-echism / understandin' and wisdom became the rhythm / that I played to". Yuck.), though that's admittedly a matter of theological difference and not something that should count against him being invited to the White House.
As far as mainstream hip-hop goes, Common is about as non-violent, positive and uncontroversial as they come. Yet, I have to concede, he is still somewhat violent in his lyrics and a bit controversial in some of his social stances. Hip-hop is a rebellious, urban culture though, so this is hardly surprising that even their most benign are still considered to be dangerous and controversial by conservative America. Does this mean conservative America needs to lighten up, perhaps come out of their protective shell a bit? Or is it a sad testament to the fact that even hip-hop's best are still not very good? Probably a little bit of both.
In any case, I have to side with my Republican comrades on this one, in the end, simply because this is an ideological issue, not an aesthetic one.
If you haven't heard Common has been invited to the White House by Michelle Obama to participate in a poetry forum, or some such event. Common, as far as popular rappers go, is a relatively unconstroversial figure and, if anything, is something of a posterboy for soft, positive, 'conscious' rap. Still, even rappers of this archetype can't avoid the occasional use of violent, homophobic or misogynistic rhetoric, if only employed metaphorically.
Larry Elder posted a link to an appearance on Def Poetry Jam by Common in which he referenced carrying a gun and cop killing on multiple occasions within a single verse, and there isn't much room to interpret him metaphorically. Add the instances of such lyrics to the fact that he has voiced support of Mumia Abdul-Jamal and attended Reverend Jeremiah Wright's church and you can see why conservative commentators would consider the man to be an absolute menace. Ideologically, I actually share their concerns. I've always enjoyed Common as an artist (especially from 1994-1997) but don't necessarily share much common ground with him in terms of ideology. For me his most offensive work is probably his (non-violent, 'positive') song "G.O.D." in which he pronounces faith in a kind of Unitarian, new-agey, 'spiritual' God (the first line that springs to mind is: "Curiosity killed the cat-echism / understandin' and wisdom became the rhythm / that I played to". Yuck.), though that's admittedly a matter of theological difference and not something that should count against him being invited to the White House.
As far as mainstream hip-hop goes, Common is about as non-violent, positive and uncontroversial as they come. Yet, I have to concede, he is still somewhat violent in his lyrics and a bit controversial in some of his social stances. Hip-hop is a rebellious, urban culture though, so this is hardly surprising that even their most benign are still considered to be dangerous and controversial by conservative America. Does this mean conservative America needs to lighten up, perhaps come out of their protective shell a bit? Or is it a sad testament to the fact that even hip-hop's best are still not very good? Probably a little bit of both.
In any case, I have to side with my Republican comrades on this one, in the end, simply because this is an ideological issue, not an aesthetic one.
Sunday, May 1, 2011
O_ama and Politics
I seem to remember a very strong anti-war contingent that was largely responsible for getting Obama elected. Many people are anti-war generally, but this particular crowd was especially anti-war-on-terror. This was not a small percentage of Obama's core constituency when he was running; they accounted for a significant percentage of his followers. You would think that in the wake of the death of Osama bin Laden this would accord them a chance to speak about their despondency. What a perfect opportunity to voice their disappointment in Obama's decision to prosecute of the War on Terror. Yet, oddly, the silence is deafening.
Nay, not silence. Amongst the very voices that vehemently opposed the War on Terror when George W. Bush was pursuing it, there seems to be a great deal of triumphalism in response to Osama's death, and much credit being given to Obama for accomplishing it. I don't have catalogues of data on statements made by liberals, but I will bet that some of the more keen, hard working right-wing bloggers and radio-hosts are scouring the annals for instances of just this kind of hypocrisy right now. I expect them to find an absolute wealth of material.
I also happen to think that the credit being given to Obama is well deserved. Obama could have called off the War on Terror all together, or at least scaled it back significantly, but he largely stayed on course with only some strategical fine-tuning adjustments. Which is something a liberal president very easily might not have done. But why does the left want to give him credit for accomplishing something which they -- mostly -- didn't think should be pursued in the first place?
To be fair, some on the left didn't have a problem with going after Osama or Al-qaeda per se, but only with the strategy and the priorities of the Bush administration. If you are one of those people, then this post doesn't pertain to you. It pertains to the large percentage of liberals who had a problem with the War on Terror in principle (or so they said) when Bush was pursuing it, and have now either gone silent, or have begun celebrating the fact that their guy 'finished the job'.
If these liberals have simply come around to the side of sanity, then I applaud their shift in position. Now, kindly give credit to the one who had the vision and courage to start the War on Terror in the first place, if you find great satisfaction in its continued prosecution and one of its major positive outcomes. Though I won't hold my breath.
Nay, not silence. Amongst the very voices that vehemently opposed the War on Terror when George W. Bush was pursuing it, there seems to be a great deal of triumphalism in response to Osama's death, and much credit being given to Obama for accomplishing it. I don't have catalogues of data on statements made by liberals, but I will bet that some of the more keen, hard working right-wing bloggers and radio-hosts are scouring the annals for instances of just this kind of hypocrisy right now. I expect them to find an absolute wealth of material.
I also happen to think that the credit being given to Obama is well deserved. Obama could have called off the War on Terror all together, or at least scaled it back significantly, but he largely stayed on course with only some strategical fine-tuning adjustments. Which is something a liberal president very easily might not have done. But why does the left want to give him credit for accomplishing something which they -- mostly -- didn't think should be pursued in the first place?
To be fair, some on the left didn't have a problem with going after Osama or Al-qaeda per se, but only with the strategy and the priorities of the Bush administration. If you are one of those people, then this post doesn't pertain to you. It pertains to the large percentage of liberals who had a problem with the War on Terror in principle (or so they said) when Bush was pursuing it, and have now either gone silent, or have begun celebrating the fact that their guy 'finished the job'.
If these liberals have simply come around to the side of sanity, then I applaud their shift in position. Now, kindly give credit to the one who had the vision and courage to start the War on Terror in the first place, if you find great satisfaction in its continued prosecution and one of its major positive outcomes. Though I won't hold my breath.
Wednesday, November 24, 2010
Obama - Closet Atheist?
No, these aren't fanatical, fringe, right-wing ravings. The speculation that Obama is actually an atheist has been primarily popularized by commentators on the left, such as Bill Maher and Christopher Hitchens. Most political commentators won't venture into such highly theoretical realms, but I've heard the sentiments echoed many times by normal, everyday leftist types. Their reasoning being that someone as apparently intelligent as Obama couldn't possibly believe such irrational hogwash. Which is, of course, nonsense itself, but the rest of their case does make some sense.
The hypothetical motive that they propose is fairly obvious; atheist politicians in America are still taboo, to say nothing of an atheist president. Anyone with high political ambitions must profess faith of some sort in order to have any chance at being elected. And--perhaps coincidentally, perhaps not--Obama found Christianity late in life right around the time he was beginning his political career in Chicago.
If Obama is a religious person he tends to keep his convictions private, as he virtually never invokes the name of God (much less Jesus) except when concluding a speech with "God bless America", or when promoting religious relativism. The leftist atheist speculates that this is due less to his faith being a private matter than to his faith not existing at all. Further, if he was in fact sitting in the pews listening to the likes of Jeremiah Wright he didn't to seem to be very attentive as during his campaign he quickly denounced Wright's typical, standard-issue rhetoric, despite the fact he had been hearing it every Sunday for many years. Supposedly. Additionally, Obama is pro-choice and his political ideology in general could be described as secular progressivism--these are positions that shouldn't be easily reconcilable with his faith. All of these facts form the foundation for the conspiracy theory that Obama is actually a closeted atheist.
As conspiracies go this one is more coherent than the vast majority of them. It isn't too outlandish and doesn't require any bizarre assumptions. It doesn't have any gaps in logic, as far as I can see. It doesn't leave any significant pieces of information ignored or unaccounted for. It pinpoints a precise motive. However, the alternative explanation--that he is in fact a Christian, but a liberal or 'private' one, who, as a liberal that takes the 'wall of separation' between church and state seriously (much more seriously than he should), feels he shouldn't mix his personal faith with his public, secular duties--is at least equally as likely. The thing that's interesting to note is that even if the alternative explanation is true it still isn't a flattering portrayal of the man. If he's not an undercover atheist then he's a man who misunderstands the doctrines of his faith and the principles of the Constitution in equal measure.
Christians are not called to a personal, private life of devotion. We are called to love humanity and to spread the good news of Jesus Christ's death and resurrection for the sins of the world. Now that's obviously more difficult to do than it sounds, and I certainly fail on this count as often as any Christian, but I don't think I'm holding Obama to any unreasonably high standard here. I'm not suggesting he should use his position as public servant to evangelize, but if he were merely to speak aloud the name of the Creator--his Lord and Savior--occasionally, then that would satiate me and quiet the rumblings of the conspiratorial atheists. But he remains conspicuously silent.
If we are to chalk his silence up to his unwillingness to breach the inviolable 'wall of separation', then he is merely ignorant of the countries founding principles and what the first amendment actually says and means. Or perhaps he feels that it's one of his professional duties to translate his specific, personal religious convictions into broader, universally applicable morals. Which is an understandable inclination, but this leads one to wonder where his primary allegiances lie; With God? With the American people? With his constituency?
So, while we can't say anything conclusively, all of the possibilities are fairly grim:
The hypothetical motive that they propose is fairly obvious; atheist politicians in America are still taboo, to say nothing of an atheist president. Anyone with high political ambitions must profess faith of some sort in order to have any chance at being elected. And--perhaps coincidentally, perhaps not--Obama found Christianity late in life right around the time he was beginning his political career in Chicago.
If Obama is a religious person he tends to keep his convictions private, as he virtually never invokes the name of God (much less Jesus) except when concluding a speech with "God bless America", or when promoting religious relativism. The leftist atheist speculates that this is due less to his faith being a private matter than to his faith not existing at all. Further, if he was in fact sitting in the pews listening to the likes of Jeremiah Wright he didn't to seem to be very attentive as during his campaign he quickly denounced Wright's typical, standard-issue rhetoric, despite the fact he had been hearing it every Sunday for many years. Supposedly. Additionally, Obama is pro-choice and his political ideology in general could be described as secular progressivism--these are positions that shouldn't be easily reconcilable with his faith. All of these facts form the foundation for the conspiracy theory that Obama is actually a closeted atheist.
As conspiracies go this one is more coherent than the vast majority of them. It isn't too outlandish and doesn't require any bizarre assumptions. It doesn't have any gaps in logic, as far as I can see. It doesn't leave any significant pieces of information ignored or unaccounted for. It pinpoints a precise motive. However, the alternative explanation--that he is in fact a Christian, but a liberal or 'private' one, who, as a liberal that takes the 'wall of separation' between church and state seriously (much more seriously than he should), feels he shouldn't mix his personal faith with his public, secular duties--is at least equally as likely. The thing that's interesting to note is that even if the alternative explanation is true it still isn't a flattering portrayal of the man. If he's not an undercover atheist then he's a man who misunderstands the doctrines of his faith and the principles of the Constitution in equal measure.
Christians are not called to a personal, private life of devotion. We are called to love humanity and to spread the good news of Jesus Christ's death and resurrection for the sins of the world. Now that's obviously more difficult to do than it sounds, and I certainly fail on this count as often as any Christian, but I don't think I'm holding Obama to any unreasonably high standard here. I'm not suggesting he should use his position as public servant to evangelize, but if he were merely to speak aloud the name of the Creator--his Lord and Savior--occasionally, then that would satiate me and quiet the rumblings of the conspiratorial atheists. But he remains conspicuously silent.
If we are to chalk his silence up to his unwillingness to breach the inviolable 'wall of separation', then he is merely ignorant of the countries founding principles and what the first amendment actually says and means. Or perhaps he feels that it's one of his professional duties to translate his specific, personal religious convictions into broader, universally applicable morals. Which is an understandable inclination, but this leads one to wonder where his primary allegiances lie; With God? With the American people? With his constituency?
So, while we can't say anything conclusively, all of the possibilities are fairly grim:
- Our president is a man who has no faith but cynically professes it for his own political ambition.
- Our president is a Christian who believes that his pieties can and should be kept private, despite every indication to the contrary contained in scripture.
- Our president believes there exists a 'wall of separation' between church and state that prevents, or at least strongly discourages, public expressions of faith by public officials, again despite all the evidence to the contrary.
Monday, May 17, 2010
Obama, The Supreme Court and 'Activism'
Today's New Yorker has an asinine article by Jeffrey Toobin about judicial activism, in which Toobin accuses today's conservative, Robert's court of being guilty of "judicial activism." He asserts that while conservative justices claim that they are in favor of judicial restraint, their actions say otherwise, and proceeds to list some decisions where the conservative court "actively" shot down unconstitutional laws. To what authority does he turn to in order to define "judicial activism"? Barack Obama, the 'law professor' of course.
Never mind consulting any actual legal experts or, say, the conservative justices on the Supreme Court (i.e. true legal experts) for their definition. No, he blithely accepts Obama's definition and uses that to frame the entire debate throughout the article, as though that definition were valid. Despite the fact that Obama's definition is simply not what judicial activism is. It's not what it is, neither is it even how it has been historically understood. Obama's definition is a blatant example of outright, intentional, deceptive manipulation of language in order to render legitimate criticisms of the actual judicial activism of the left null by equivocating it with what is actually judicial restraint on the right.
Judicial activism was probably first defined by it's earliest proponent Roscoe Pound in 1908, who clearly lays out what judicial activism is. That is: the act of interpreting the law in a way that goes beyond the written letter of the law in favor of what you believe to be the "spirit" or "intent" of the law, in order to achieve some desired social result. And that's how it has been understood since, at least until recent linguistic acrobats on the left have attempted to turn it on it's head. Judicial activism is not stepping beyond the will or intent of Congress, as Obama defines it. Indeed, the entire purpose of a judiciary, as a co-equal branch of government, is to act as a check on the power of elected government officials i.e. Congress and the president! Yet Obama claims the exact opposite; that the judiciary's role is to submit to the will of Congress, not to determine whether or not the actions of Congress are Constitutional or not. It looks like someone doesn't have the most rudimentary understanding of (or perhaps respect for) the fundamental workings of our system of government. Surprise, surprise.
The trick of Obama and others on the left, being masters of both language and manipulation, is to play on the common man's fallible, but reasonable, sensibilities. In this case treating the idiom of "judicial activism" as two individual words. When you do that then virtually anything that the judiciary does actively, especially actively declaring acts of Congress unconstitutional, qualifies as "judicial activism." Thomas Sowell comments on this phenomenon is his book Intellectuals and Society (prior to Obama's recent comments), and reveals it for the cynical ploy that it is:
Toobin goes on in the article to say that "activism" and "restraint" are just convenient words people use whenever it suits their interests. He does this by simply defining "activism" and "restraint" along the lines of action versus inaction, which is clearly misguided. It is similar to what people who take the root of the word "conservative" (conserve) do when they determine that conservatives aren't being conservatives whenever they advocate some change, for change is the opposite of conservation. While this exhibits great mastery of the OED, it betrays either complete ignorance, or cynical manipulation, of the nuances of language. Specifically with regard to what the word "conservative" means in a modern political context. Similarly, "judicial activism" and "judicial restraint" as concepts are not merely the sum of the definitions of those terms.
Having handily disposed of misconceptions about "judicial activism", Sowell goes on to illuminate what it actually is:
This is what judicial activism is, and this is what it has always been understood to be. So either our dear leader, the distinguished law professor, is unaware of this fact (which is hard to imagine), or he willfully and cynically tries to maneuver around it with "verbal virtuosity", the most potent tool of the statist. In either case it spells bad news for us, though it's much worse if it's the latter (which it most likely is). Because in that case there's no chance that this is an isolated misunderstanding of the workings of our government, rather it reveals a conscious, systematic attempt to subvert the foundations that our society rests upon.
A few weeks ago, on Air Force One, Obama, a former law professor, gave a useful definition of the term, saying that “an activist judge was somebody who ignored the will of Congress, ignored democratic processes, and tried to impose judicial solutions on problems instead of letting the process work itself through politically.” This is, indeed, what the Roberts Court is doing.
Never mind consulting any actual legal experts or, say, the conservative justices on the Supreme Court (i.e. true legal experts) for their definition. No, he blithely accepts Obama's definition and uses that to frame the entire debate throughout the article, as though that definition were valid. Despite the fact that Obama's definition is simply not what judicial activism is. It's not what it is, neither is it even how it has been historically understood. Obama's definition is a blatant example of outright, intentional, deceptive manipulation of language in order to render legitimate criticisms of the actual judicial activism of the left null by equivocating it with what is actually judicial restraint on the right.
Judicial activism was probably first defined by it's earliest proponent Roscoe Pound in 1908, who clearly lays out what judicial activism is. That is: the act of interpreting the law in a way that goes beyond the written letter of the law in favor of what you believe to be the "spirit" or "intent" of the law, in order to achieve some desired social result. And that's how it has been understood since, at least until recent linguistic acrobats on the left have attempted to turn it on it's head. Judicial activism is not stepping beyond the will or intent of Congress, as Obama defines it. Indeed, the entire purpose of a judiciary, as a co-equal branch of government, is to act as a check on the power of elected government officials i.e. Congress and the president! Yet Obama claims the exact opposite; that the judiciary's role is to submit to the will of Congress, not to determine whether or not the actions of Congress are Constitutional or not. It looks like someone doesn't have the most rudimentary understanding of (or perhaps respect for) the fundamental workings of our system of government. Surprise, surprise.
The trick of Obama and others on the left, being masters of both language and manipulation, is to play on the common man's fallible, but reasonable, sensibilities. In this case treating the idiom of "judicial activism" as two individual words. When you do that then virtually anything that the judiciary does actively, especially actively declaring acts of Congress unconstitutional, qualifies as "judicial activism." Thomas Sowell comments on this phenomenon is his book Intellectuals and Society (prior to Obama's recent comments), and reveals it for the cynical ploy that it is:
"Judicial activism" is an idiomatic expression whose meaning cannot be determined by the separate meanings of its words, any more than the meaning of the exclamation "Hot dog!" can be determined by referring to a separate definition of "hot" and "dog." Nevertheless, in recent times, some have attempted to redefine judicial activism by how active a judge has been in declaring laws or government actions unconstitutional. However, the Constitution itself is a limitation on the powers of Congress, as well as on the powers of the other branches of government. Judges have been considered duty-bound to invalidate legislation that goes counter to the Constitution, ever since the landmark case of Marbury v. Madison in 1803, so how often they perform that duty is not solely in their hands, but depends also on how often others do things that exceed the powers granted them by the Constitution.
Toobin goes on in the article to say that "activism" and "restraint" are just convenient words people use whenever it suits their interests. He does this by simply defining "activism" and "restraint" along the lines of action versus inaction, which is clearly misguided. It is similar to what people who take the root of the word "conservative" (conserve) do when they determine that conservatives aren't being conservatives whenever they advocate some change, for change is the opposite of conservation. While this exhibits great mastery of the OED, it betrays either complete ignorance, or cynical manipulation, of the nuances of language. Specifically with regard to what the word "conservative" means in a modern political context. Similarly, "judicial activism" and "judicial restraint" as concepts are not merely the sum of the definitions of those terms.
Having handily disposed of misconceptions about "judicial activism", Sowell goes on to illuminate what it actually is:
The real issue regarding judicial activism is over whether the basis of a judge's decisions is the law created by others, including the Constitution, or whether judges base their decisions on their own particular conception of "the needs of the times" or of "social justice" or of other considerations beyond the written law or legal precedents.
This is what judicial activism is, and this is what it has always been understood to be. So either our dear leader, the distinguished law professor, is unaware of this fact (which is hard to imagine), or he willfully and cynically tries to maneuver around it with "verbal virtuosity", the most potent tool of the statist. In either case it spells bad news for us, though it's much worse if it's the latter (which it most likely is). Because in that case there's no chance that this is an isolated misunderstanding of the workings of our government, rather it reveals a conscious, systematic attempt to subvert the foundations that our society rests upon.
Kagan: Obama's Harriet Miers?
I just finished reading an article titled "Kagan Doesn't Deserve it" by Paul Campos, where he bashes Kagan's nomination based on her complete lack of any real legal experience, as well as her publishing virtually nothing scholarly that would reveal what her position is on anything, or what type of justice she might be. He draws a comparison of her nomination to that of George W. Bush's nomination of Harriet Miers, claiming that, in the relevant factors, Kagan is just like Miers.
The most central, relevant similarities between Kagan and Miers is that neither have ever been a judge, neither has much legal experience to speak of, and neither has published hardly anything scholarly that would allow you to determine what kind of judge that they might end up being. The similarities might end there, but when it comes to the relevant issues when selecting a Supreme Court Justice, those are some monstrous similarities with extreme significance.
In what relevant ways do they differ? The most important difference has nothing to do with the nominees themselves, but with the president that nominated them, and their respective parties. That is, it was Bush's own party, the Republicans, that derailed the Miers nomination. Conservatives understand the potential dangers of nominating someone with no judicial, or public legal record of opinion. And Conservatives are inherently distrustful of leaders (even one of their own), and thus saw no need to trust Bush's judgment on the matter.
The Democratic party, on the other hand is, by definition, more trustful of leaders in general, and especially one of their own. And even more especially the anointed one Barry Obama. The Democrats simply do not have the gall to insinuate that Obama would ever make anything less than a perfect decision. Neither do they understand the potential problems associated with electing someone with such a complete lack of a record, and partly for good reason. That is, considering that so-called 'unknowns' most often turn out to be quite liberal in their decisions, progressives figure that they have little to fear. While the opposite was true for conservatives; they had every reason to fear that Miers 'unknown' status would translate into her becoming a liberal justice.
So the different repsonses to two nominees who have similar qualifications actually makes a lot of sense given the differences between the parties. I guess the point is that a) the left should be more distrustful of their leaders and b) everyone should be more wary about putting a total unknown in such a powerful position.
Grownups understand that a Supreme Court justice’s politics are by necessity a crucial factor in how he or she goes about interpreting the law, since difficult questions of legal interpretation are inherently political. Certainly conservatives understood this when they opposed the nomination of Harriet Miers: Their primary objection to her had nothing to do with whether she was “qualified” for the position, but rather with the fact that, just like Kagan, she had practically no public record. The argument for Miers came down to the claim that conservatives should simply trust George W. Bush to make these kinds of decisions. This is exactly the same argument that political progressives are now being asked to accept in regard to Kagan: that they should trust Barack Obama.
The most central, relevant similarities between Kagan and Miers is that neither have ever been a judge, neither has much legal experience to speak of, and neither has published hardly anything scholarly that would allow you to determine what kind of judge that they might end up being. The similarities might end there, but when it comes to the relevant issues when selecting a Supreme Court Justice, those are some monstrous similarities with extreme significance.
In what relevant ways do they differ? The most important difference has nothing to do with the nominees themselves, but with the president that nominated them, and their respective parties. That is, it was Bush's own party, the Republicans, that derailed the Miers nomination. Conservatives understand the potential dangers of nominating someone with no judicial, or public legal record of opinion. And Conservatives are inherently distrustful of leaders (even one of their own), and thus saw no need to trust Bush's judgment on the matter.
The Democratic party, on the other hand is, by definition, more trustful of leaders in general, and especially one of their own. And even more especially the anointed one Barry Obama. The Democrats simply do not have the gall to insinuate that Obama would ever make anything less than a perfect decision. Neither do they understand the potential problems associated with electing someone with such a complete lack of a record, and partly for good reason. That is, considering that so-called 'unknowns' most often turn out to be quite liberal in their decisions, progressives figure that they have little to fear. While the opposite was true for conservatives; they had every reason to fear that Miers 'unknown' status would translate into her becoming a liberal justice.
So the different repsonses to two nominees who have similar qualifications actually makes a lot of sense given the differences between the parties. I guess the point is that a) the left should be more distrustful of their leaders and b) everyone should be more wary about putting a total unknown in such a powerful position.
Friday, April 9, 2010
Obama's Disarmament - Ignoring History in Favor of Blind Idealism
Was World War II really that long ago? Have we already forgotten the lessons we should have learned from the run up to that war, primarily via Chamberlain and Churchill? Forget about World War II, was the Cold War that long ago? Have we already forgotten the lessons from it as well? In this case the lesson being a rather brilliant "how-to" (as opposed to the "how-not-to" of WWII.) Whether we have forgotten or not, our president sure has. That is if he ever learned those lessons in the first place, which seems unlikely.
As noble a goal as it seems on it's face, in reality it's just stupid and dangerous. When we look at the track record of disarmament in the real world, versus the track record of deterrence, a very clear picture emerges as to which is better at preventing war, mass death and destruction. And it isn't disarmament, which, however nice it sounds in theory, in practice has had the effect of exacerbating the problem.
If you don't know the lessons of history that I'm talking about (primarily the run up to WWII in Great Britain, and the success of Reagan's "peace through strength" in the Cold War), here's a very brief primer, from Thomas Sowell:
On WWII:
On the Cold War:
Some might say that the WWII isn't exactly analogous to where we are today, and of course the situations are not identical. The point is simply that while the goal of disarmament is to reduce war, to reduce suffering, and to reduce mass destruction, it has the ability to have the exact opposite effect. Indeed, the concept may have been largely responsible for unleashing (or allowing someone to unleash) the greatest horror in the history of mankind (the holocaust). So regarding it as a de facto good is asinine.
Although the international stage is a lot different than our domestic lives, there's a very good parallel right here at home. Gun control laws. Just as with international disarmament treaties, the problem is not getting the sensible, civilized nations to disarm. You can do that all day long, if you wish. The problem is that once you succeed the good guys are left defenseless and the bad guys are still armed to the teeth. "But we'll write them harsh letters! And put sanctions on those rogue, irresponsible nations! That'll show em'! HAH! Bring on your death and destruction, we have a stern tone to deal with the likes of you!" I don't mock this idea merely as an untried theory, we have already seen that it doesn't work.
Of course it would be wonderful to live in that world where the only people with nukes are sensible, responsible nations who could agree to incrementally scale back until nukes no longer exist. But that is not this world. It would be grand to live in that world where we could ensure that, once we had made it through the arduous process of disarming every nation on the planet, no nuclear weaponry would ever resurface again. But that is not this world. I would love to live in a world where you could go back in time and un-invent something. But that is not this world.
As noble a goal as it seems on it's face, in reality it's just stupid and dangerous. When we look at the track record of disarmament in the real world, versus the track record of deterrence, a very clear picture emerges as to which is better at preventing war, mass death and destruction. And it isn't disarmament, which, however nice it sounds in theory, in practice has had the effect of exacerbating the problem.
If you don't know the lessons of history that I'm talking about (primarily the run up to WWII in Great Britain, and the success of Reagan's "peace through strength" in the Cold War), here's a very brief primer, from Thomas Sowell:
On WWII:
Chamberlain sought to "remove the causes of strife or war." He wanted "a general settlement of the grievances of the world without war." In other words, the British prime minister approached Hitler with the attitude of someone negotiating a labor contract, where each side gives a little and everything gets worked out in the end. What Chamberlain did not understand was that all his concessions simply led to new demands from Hitler -- and contempt for him by Hitler.
What Winston Churchill understood at the time, and Chamberlain did not, was that Hitler was driven by what Churchill called "currents of hatred so intense as to sear the souls of those who swim upon them." That was also what drove the men who drove the planes into the World Trade Center.
Pacifists of the 20th century had a lot of blood on their hands for weakening the Western democracies in the face of rising belligerence and military might in aggressor nations like Nazi Germany and imperial Japan. In Britain during the 1930s, Labor Party members of Parliament voted repeatedly against military spending, while Hitler built up the most powerful military machine in Europe.
On the Cold War:
During the Cold War, many European intellectuals once again misread the threat of a totalitarian dictatorship-- in this case, the Soviet Union. When they finally recognized the threat, many saw the question as whether it was "better to be red than dead."
They were no more prepared to stand up to the Soviet Union than they had been ready to stand up to Nazi Germany in the 1930s.
Worse yet, much of the European intelligentsia objected to America's standing up to the Soviet Union.
Many of them were appalled when Ronald Reagan met the threat of new Soviet missiles aimed at Western Europe by putting more American missiles in Western Europe, aimed at the Soviet Union.
Reagan, in effect, called the Soviet Union and raised them, while many of the European sophisticates-- as well as much of the American intelligentsia-- said that his policies would lead to war.
Instead, it led to the end of the Cold War. Are we now to blindly imitate those who have been so wrong, so often over the past hundred years?
Some might say that the WWII isn't exactly analogous to where we are today, and of course the situations are not identical. The point is simply that while the goal of disarmament is to reduce war, to reduce suffering, and to reduce mass destruction, it has the ability to have the exact opposite effect. Indeed, the concept may have been largely responsible for unleashing (or allowing someone to unleash) the greatest horror in the history of mankind (the holocaust). So regarding it as a de facto good is asinine.
Although the international stage is a lot different than our domestic lives, there's a very good parallel right here at home. Gun control laws. Just as with international disarmament treaties, the problem is not getting the sensible, civilized nations to disarm. You can do that all day long, if you wish. The problem is that once you succeed the good guys are left defenseless and the bad guys are still armed to the teeth. "But we'll write them harsh letters! And put sanctions on those rogue, irresponsible nations! That'll show em'! HAH! Bring on your death and destruction, we have a stern tone to deal with the likes of you!" I don't mock this idea merely as an untried theory, we have already seen that it doesn't work.
Of course it would be wonderful to live in that world where the only people with nukes are sensible, responsible nations who could agree to incrementally scale back until nukes no longer exist. But that is not this world. It would be grand to live in that world where we could ensure that, once we had made it through the arduous process of disarming every nation on the planet, no nuclear weaponry would ever resurface again. But that is not this world. I would love to live in a world where you could go back in time and un-invent something. But that is not this world.
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