Taking Cues

In the last post, I opined about the atmosphere in the country generated by overheated rhetoric and the irrationality that has resulted from seemingly intransigent positions. Some of the responses I received to that were of the “well, both sides do it” variety (which is true to an extent, but I think beside the point) and the “you can’t legislate civility or impose censorship” stripe. As it is developing, the young man who attempted to murder Representative Gifford—and succeeded in killing six others—appears to be not of sound mind. We’re getting a picture of a loner who made no friends and indulged in a distorted worldview tending toward the paranoid. How much of his actions can be laid on politics and how much on his own obsessions is debatable. Many commentators very quickly tried to label him a right-winger, based largely on the political climate in Arizona and that he targeted a moderate, “blue dog” Democrat. This in the context of years of shrill right-wing political rhetoric that fully employs a take-no-prisoner ethic, including comments from some Tea Party candidates about so-called Second Amendment solutions. It’s looking like trying to label this man’s politics will be next to impossible and, as I say, if he is mentally unbalanced, what real difference does that make? (Although to see some people say “Look, he’s a Lefty, one of his favorite books is Mein Kampf ” is in itself bizarre—how does anyone figure Mein Kampf indicates leftist political leanings? Because the Nazis were “National Socialists”? Please.) Whatever the determination of Mr. Loughner’s motives may turn out to be, his actions have forced the topic of political stupidity and slipshod rhetoric to the forefront, at least until Gabrielle Gifford is out of danger of dying. Regardless of his influences, in this instance he has served as the trigger for a debate we have been needing to have for decades. This time, hopefully, it won’t be shoved aside after a few well-meaning sound-bites from politicians wanting to appear sensitive and concerned, only to have everyone go right back to beating each other bloody with nouns and verbs. But while it may be fair to say that Mr. Loughner is unbalanced and might have gone off and shot anyone, the fact is he shot a politician, one who had been targeted by the Right. Perhaps the heated rhetoric did not make Mr. Loughner prone to violence, but what about his choice of victims? [More . . . ]

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Our JFK Moment?

We finally have our Kennedy Moment in the current political climate. Saturday, January 8th, 2011, is likely to go down as exactly that in the “Where were you when?” canon.  On that day, Jared Lee Loughner, age 22, went on a shooting rampage at a supermarket parking lot in Tucson,…

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Scalia’s Problem

Recently, Justice Antonin Scalia shot his mouth off about another bit of “social” judicial opinion and managed to be correct to a fault again. Here is the article. Basically, he is of the opinion that if a specific term or phrase does not appear in the Constitution, then that subject is simply not covered. Most famously, this goes to the continuing argument over privacy. There is, by Scalia’s reasoning (and I must add he is by no means alone in this—it is not merely his private opinion), no Constitutionally-protected right to privacy. As far as it goes, this is correct, but beside the point. The word “private” certainly appears, in the Fifth Amendment, and it would seem absurd to suggest the framers had no thought for what that word meant. It refers here to private property, of course, but just that opens the debate to the fact that there is a concept of privacy underlying it. The modern debate over privacy concerns contraception and the first case where matters of privacy are discussed is Griswold v. Connecticut, 1965. That case concerned the right of a married couple to purchase and use contraception, which was against the law in that state (and others). The Court had to define an arena of privacy within which people enjoy a presumed right of autonomous decision-making and into which the state had no brief to interfere. Prior to this, the Court relied on a “freedom of contract” concept to define protected areas of conduct. Notice, we’re back in the realm of property law here. People who insist that there is no “right to privacy” that is Constitutionally protected seem intent on dismissing any concept of privacy with which they disagree, but no doubt would squeal should their own self-defined concept be violated. Therein lies the problem, one we continue to struggle with. But it does, at least in Court tradition, come down to some variation of ownership rights—which is what has made the abortion debate so difficult, since implicit in it is the question of whether or not a woman “owns” her body and may therefore, in some construction of freedom of contract, determine its use under any and all circumstances. [More . . . ]

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What 2010 Meant

The Lame Duck Congress has ended the year with a Marathon of Epic Legislation.  I can't help being impressed.  Obama said he wanted Congress to do with Don't Ask Don't Tell, to repeal it legislatively, and not have it end up as a court-mandated order.  I can understand this, especially given the rightward shift of the judiciary.  But the way in which he went about it seemed doomed and certainly angered a lot of people who thought he was breaking a campaign promise.  (The puzzling lunacy of his own justice department challenging a court-led effort must have looked like one more instance of Obama backing off from what he'd said he was going to do.)  I am a bit astonished that he got his way. A great deal of the apparent confusion over Obama's actions could stem from his seeming insistence that Congress do the heavy lifting for much of his agenda.  And while there's a lot to be said for going this route, what's troubling is his failure to effectively use the bully pulpit in his own causes.  And the fact that he has fallen short on much.   It would be, perhaps, reassuring to think that his strategy is something well-considered, that things the public knows little about will come to fruition by, say, his second term. (Will he have a second term?  Unless Republicans can front someone with more brains and less novelty than a Sarah Palin and more weight than a Mitt Romney, probably.  I have seen no one among the GOP ranks who looks even remotely electable.  The thing that might snuff Obama's chances would be a challenge from the Democrats themselves, but that would require a show of conviction the party has been unwilling overall to muster.) The Crash of 2008 caused a panic of identity.  Unemployment had been creeping upward prior to that due to a number of factors, not least of which is the chronic outsourcing that has become, hand-in-glove, as derided a practice as CEO compensation packages and "golden parachutes," and just as protected in practice by a persistent nostalgia that refuses to consider practical solutions that might result in actual interventions in the way we do business.  No one wants the jobs to go overseas but no one wants to impose protectionist policies on companies that outsource.  Just as no one likes the fact that top management is absurdly paid for jobs apparently done better 40 years ago by people drawing a tenth the amount, but no one wants to impose corrective policies that might curtail what amounts to corporate pillage.  It is the nostalgia for an America everyone believes once existed that functioned by the good will of its custodians and did not require laws to force people to do the morally right thing.  After a couple decades of hearing the refrain "You can't legislate morality" it has finally sunk in but for the wrong segment of social practice. [More . . . ]

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…Like I’m Eight

In the movie Philadelphia, Denzel Washington plays a savvy courtroom litigator whose catch-phrase in front of a jury is "Explain it to me like I'm eight-years-old." It's a great line and maybe I'm looking for that kind of clarity now. I really don't know what to make of this. Obama---who won election with a very solid majority of the popular vote and a most impressive majority of the electoral---has managed to be reasonable to the point of impotence. He's on the verge of validating every cliche about spineless intellectuals. The man is smart, erudite, has charisma, and can't seem to say no to the Right. It is possible that this is another one of those situations where we the people simply don't know what's going on and cannot therefore grasp the tactics or strategy. Maybe this is cleverness at such a level that it looks clumsy and gutless. I don't believe that for a second, though. (The only thing that makes any kind of sense in that vein is the idea that he is handing the GOP more and more rope with which to hang themselves. The problem with that is any rope, in order to work in an execution, has to be tied to something substantial on one end.) [more . . .]

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