The World According To Clarence Thomas And Ayn Rand
The Los Angeles Times highlights some of Justice Clarence Thomas’s more extreme solo opinions, most of which seem to be rooted in this: every year Thomas has his new clerks come to his home to watch a movie—”the 1949 film version of the classic of libertarian conservatism, Ayn Rand’s The Fountainhead.”
Explains a lot, and not just his willingness to be the only (often crazy) dissenter on key cases.
Among them, he has declared that the Constitution gives states a right to establish an official religion. Prisoners, he wrote, have no constitutional right to be protected from beatings by guards. Teenagers and students have no free-speech rights at all, he said in an opinion Monday, because in the 18th century, when the Constitution was written, parents had “absolute authority” over their children.Two years ago, the court ruled that a school official could not strip-search a 13-year-old girl to look for two extra-strength ibuprofen pills. Thomas — alone — dissented, calling the search of her underwear “reasonable and justified.”
Alone, he voted to strike down a key part of the Voting Rights Act that is credited with giving blacks political power in the South. And he was the lone justice to uphold the George W. Bush administration’s view that an American citizen could be held as an “enemy combatant” with no charges and no hearing….
“He is the most radical justice to serve on the court in decades,” said Erwin Chemerinsky, dean of the UC Irvine Law School and a liberal constitutional scholar. He “would change the law dramatically and give little weight to precedent. It’s easy to overlook how radical [he is] because his are usually sole opinions that do not get attention.”
He’s the Federalist Society’s dream Justice, a true “constitutional conservative.” Ed Kilgore writes about the radicalism of the movement in reference to Michele Bachmann, but it’s applicable here.
…[C]onstitutional conservatives think of America as a sort of ruined paradise, bestowed a perfect form of government by its wise Founders but gradually imperiled by the looting impulses of voters and politicians. In their backwards-looking vision, constitutional conservatives like to talk about the inalienable rights conferred by the Founders—not specifically in the Constitution, as a matter of fact, but in the Declaration of Independence, which is frequently and intentionally conflated with the Constitution as the part of the Founders’ design. It’s from the Declaration, for instance, that today’s conservatives derive their belief that “natural rights” (often interpreted to include quasi-absolute property rights or the prerogatives of the traditional family), as well as the “rights of the unborn,” were fundamental to the American political experiment and made immutable by their divine origin….The obvious utility of the label is that it hints at a far more radical agenda than meets the untrained eye, all the while elevating the proud bearer above the factional disputes of the conservative movement’s economic and cultural factions.
On the economic side of the coin, most mainstream politicians are not going to publicly say that the monstrosities they associate with ObamaCare, “redistribution of wealth,” or Keynesian stimulus techniques are rooted in their desire to reverse the New Deal, as well as a long chain of Supreme Court decisions that also happened to make possible the abolition of segregation. But many conservative activists actually think that way, and have in mind as their goal nothing so modest as a mere rollback of federal social programs to the levels of the Bush or even the Reagan administration. Bachmann and other candidates can talk to most voters as though they are simply trying to defend America from a vast overreach by the 44th president. But to the radicalized conservative base that dominates contests like the Iowa Caucuses, the constitutional conservative label hints broadly at a more audacious agenda ultimately aimed at bringing back the lost American Eden of the 1920s, if not an earlier era.
It’s an interesting concept for Thomas to align with, given that he would have been considered only 3/5ths of a man “in the 18th century, when the Constitution was written.” Or perhaps he’s interpreting it as three out of five African-Americans being counted, and assuming he’d of course be among the three. Of course, if we returned to his preferred era of governance, he could be in prison on the basis of his marriage alone. And it’s a pretty safe bet, had so many of the laws he has dissented from so strenuously not been passed and upheld, the last place he’d find himself now is on a seat in the highest court of the land.
All of which would only be an interesting quirk of Thomas’s personality if he weren’t part of an increasingly extreme majority on the court, manifesting this hard-right, highly corporatist, and dangerous philosophy. That he’s guided by Ayn Rand should be enough to put his place on the court in question, if his ethical lapses alone weren’t enough to do so.
By: Joan McCarter, Daily Kos, July 5, 2011
Political “Idjits”: Is the GOP Bound for A ‘Political Jonestown’?
Once upon a time the Republican Party included a few widely-respected leaders who valued reason and flexibility — names like Eisenhower, Javitz, Weicker and a few others come to mind. Hell, Nixon was a paragon of sanity compared to some of the loons running the GOP asylum now. if this sounds overstated, read Richard Cohen’s Sunday WaPo column “A Grand Old Cult,” in which he explains:
To become a Republican, one has to take a pledge. It is not enough to support the party or mouth banalities about Ronald Reagan; one has to promise not to give the government another nickel. This is called the “Taxpayer Protection Pledge,” issued by Americans for Tax Reform, an organization headed by the chirpy Grover Norquist. He once labeled the argument that an estate tax would affect only the very rich “the morality of the Holocaust.” Anyone can see how singling out the filthy rich and the immensely powerful and asking them to ante up is pretty much the same as Auschwitz and that sort of thing….Almost all the GOP’s presidential candidates have taken this oath, swearing before God and Grover Norquist to cease thinking on their own, never to exercise independent judgment and, if necessary, to destroy the credit of the United States, raise the cost of borrowing and put the government deeper into the hole.
Cohen notes the role of revisionist history and denial in the Republicans’ increasingly unhinged worldview:
…The hallmark of a cult is to replace reason with feverish belief. This the GOP has done when it comes to the government’s ability to stimulate the economy. History proves this works — it’s how the Great Depression ended — but Republicans will not acknowledge it.The Depression in fact deepened in 1937 when Franklin D. Roosevelt tried to balance the budget and was ended entirely by World War II, which, besides being a noble cause, was also a huge stimulus program. Here, though, is Sen. Richard Shelby mouthing GOP dogma: Stimulus programs “did not bring us out of the Depression,” he recently told ABC’s Christiane Amanpour, but “the war did.” In other words, a really huge stimulus program hugely worked. Might not a more modest one succeed modestly? Shelby ought to follow his own logic.
‘Logic’ may not be the best word to describe GOP thinking in the second decade of the 21st century. Cohen notes a similar pattern of denial with respect to Republican policies on abortion and global warning, and adds,
…Independent thinkers, stop right here! If you believe in global warming, revenue enhancement, stimulus programs, the occasional need for abortion or even the fabulist theories of the late Charles Darwin, then either stay home — or lie.This intellectual rigidity has produced a GOP presidential field that’s a virtual political Jonestown. The Grand Old Party, so named when it really did evoke America, has so narrowed its base that it has become a political cult. It is a redoubt of certainty over reason and in itself significantly responsible for the government deficit that matters most: leadership. That we can’t borrow from China.
The problem for Democrats is that, when Republicans become irrational proponents of discredited ideas and failed polices, there is not much incentive for Dems to up their game. Dems are not being challenged to respond to good arguments so much as tantrums by intellectually-constipated ideologues. The public gets cheated out of an enlightening debate and everybody loses.
What puzzles is why all of the Republicans have guzzled the Koolaid. Why hasn’t it dawned on the party’s brighter bulbs, perhaps Senator Lugar or, maybe Scott Brown or Huntsman that “Hmm, I could really separate myself from the pack of idjits by taking things to a more rational level”? All indications are that the public would like to see a little more flexibility from Republicans.
There may well come a point when the Republicans’ impressive party discipline starts to look like pointless obstructionism to swing voters. The public can see that, so far only one party is compromising. If sanity prevails, the Republicans’ unspoken meme that “we’re 100 percent right, and they’re 100 percent wrong, so we won’t give an inch” can’t play much longer without diminishing returns.
By: J. P. Green, The Democratic Strategist, July 5, 2011
“You Talkin’ To Me?”: Obama Calls The GOP’s Bluff
Here’s how to negotiate, GOP-style: Begin by making outrageous demands. Bully your opponents into giving you almost all of what you want. Rather than accept the deal, add a host of radical new demands. Observe casually that you wouldn’t want anything bad to happen to the hostage you’ve taken — the nation’s well-being. To the extent possible, look and sound like Jack Nicholson in “The Shining.”
This strategy has worked so well for Republicans that it’s no surprise they’re using it again, this time in the unnecessary fight over what should be a routine increase in the debt ceiling. This time, however, something different is happening: President Obama seems to be channeling Robert De Niro in “Taxi Driver.” At a news conference last Wednesday, Obama’s response to the GOP was, essentially, “You talkin’ to me?”
Obama’s in-your-face attitude seems to have thrown Republicans off their stride. They thought all they had to do was convince everyone they were crazy enough to force an unthinkable default on the nation’s financial obligations. Now they have to wonder if Obama is crazy enough to let them.
He probably isn’t. But the White House has kept up the pressure, asserting that the real deadline for action by Congress to avoid a default isn’t Aug. 2, as the Treasury Department said, but July 22; it takes time to write the needed legislation, officials explained. Tick, tick, tick . . .
“Malia and Sasha generally finish their homework a day ahead of time,” Obama said, gratuitously — but effectively — comparing his daughters’ industry with congressional sloth. “It is impressive. They don’t wait until the night before. They’re not pulling all-nighters. They’re 13 and 10. Congress can do the same thing. If you know you’ve got to do something, just do it.”
Obama’s pushing and poking are aimed at Republicans who control the House, and what he wants them to “just do” is abandon the uncompromising position that any debt-ceiling deal has to include big, painful budget cuts but not a single cent of new tax revenue.
The president demands that Congress also eliminate “tax breaks for millionaires and billionaires . . . oil companies and hedge fund managers and corporate jet owners.” Without these modest increases in revenue, he says, the government will have to cut funding for medical research, food inspection and the National Weather Service. Also, presumably, whatever federal support goes to puppies and apple pie.
In truth, some non-millionaires who never fly on corporate jets would also lose tax breaks under the president’s proposal. And it’s hard to believe that the first thing the government would do, if Congress provides no new revenue, is stop testing ground beef for bacteria. But Obama is right that the cuts would be draconian — and he’s right to insist that House Republicans face reality.
My view, for what it’s worth, is that now is the wrong time for spending cuts or tax increases — that it’s ridiculous to do anything that might slow the lumbering economic recovery, even marginally. But if there have to be cuts, then Republicans must be forced to move off the no-new-revenue line they have drawn in the sand.
Even if they move just an inch, the nation’s prospects become much brighter. This fight is that important.
Every independent, bipartisan, blue-ribbon panel that has looked at the deficit problem has reached the same conclusion: The gap between spending and revenue is much too big to be closed by budget cuts alone. With fervent conviction but zero evidence, Tea Party Republicans believe otherwise — and Establishment Republicans, who know better, are afraid to contradict them.
The difficult work of putting the federal government on sound fiscal footing can’t begin as long as a majority in the House rejects simple arithmetic on ideological grounds.
“I’ve met with the leaders multiple times,” Obama said, referring to House Speaker John Boehner and Senate Minority Leader Mitch McConnell. “At a certain point, they need to do their job.” The job he means is welcoming fantasy-loving Republicans to the real world, and it has to be done.
The stakes are perilously high, but Obama does have a doomsday option: If all else fails, he can assert that a section of the 14th Amendment — “The validity of the public debt of the United States, authorized by law . . . shall not be questioned” — makes the debt limit unconstitutional and instructs him to take any measures necessary to avoid default.
Maybe that’s why, in this stare-down, the president doesn’t seem inclined to blink.
By: Eugene Robinson, Opinion Writer, The Washington Post, July 4, 2011
Walkerville Activists Stand Strong: Peaceful Protest At Wisconsin Department Of Administration Offices
Dozens of Walkerville activists marched from the Wisconsin state Capitol to DOA Secretary Mike Huebsch’s offices at noon on Wednesday, June 15, to protest the former GOP state rep’s archaic Capitol security measures.
CMD learned while examining the drafting files at the Legislative Reference Bureau that Huebsch’s DOA gave the drafting orders for the collective bargaining section of the budget bill. Huebsch’s top political appointee, Cynthia Archer, served as a top aide to Scott Walker when he was Milwaukee County Executive.
The group roared “Who’s House? Our House!” as they entered the Department of Administration building on East Wilson Street. Protesters weren’t able to schedule a meeting with Huebsch – considered by many to be Governor Scott Walker’s top ally, and the architect of his 2011-2012 budget – but still managed to hang “unWANTED: Mike Huebsch” signs in his personal office and throughout the building.
Pilar Schiavo, an activist with the People’s Rights Campaign and Nurses United, led the peaceful procession. She stressed the danger of overlooking Huebsch’s involvement with Governor Walker’s anti-middle class agenda, and the need to repel his efforts to crush “the public’s right to assemble.”
“We feel like it’s important to pull Mike Huebsch out of the shadows. He’s really been responsible for the shutting down democracy within the capitol, and he’s had his hand in creating the budget,” said Schiavo.
One protestor taped an “unWANTED” sign, which read “Suspect is believed to be dangerous and armed with the unlawful eviction of The People from the Capitol” to Huebsch’s desk chair. With protestors still inside the building, a DOA receptionist began taking down the posters, citing their “offensive” nature.
The mood remained hopeful despite yesterday’s announcement from the Supreme Court legalizing Governor Walker’s collective bargaining legislation. Schiavo reminded the crowd that in spite of recent setbacks, victory looms on the horizon for the Wisconsin workers’ rights movement.
“People need to remember that this is a long fight, and that we’ve been successful already. We were able to hold that law for months. This is a long term struggle – the Walker agenda has been in the works for 30 years.”
By: Eric Carlson, Center for Media and Democracy, June 15, 2011
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