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Sunday, January 21, 2007
Good news, bad news, and some disinterested analysis
Sandy Levinson
1. The good news: There are now fewer than two years remaining in the Bush Presidency.
Comments:
Professor Levinson:
But playing to the base, when one isn't running for re-election, is a terrible strategy if one is trying actually to accomplish anything and burnish one's reputation, especially, obviously, if Congress is now controlled by the Democrats. Perhaps Mr. Bush agrees with you. In his Saturday radio speech. Mr. Bush come up with another of his awful leftist domestic initiatives - the taxation of those who possess "excessive" private health insurance policies and use the resulting revenue to give tax breaks to lower income folks without private health insurance policies. This Dem style redistribution is supposed to be the center piece of his SOTU speech. If this nonsense is what we have to look forward to from Mr. Bush over the next two years, he can put on the lame duck feet and start hobbling right now until the GOP nominates a real conservative to replace him. So the long and short of my "disinterested analysis" is to ask exactly what incentive Bush has to continue to be Mr. Obdurate with regard to Democratic proposals. At the very least, a conservative can hope that Mr. Bush will at least defend his own conservative initiatives, which he is likely to do. One would also like to see Mr. Bush act like the conservative he claims to be and block nonsense like the minimum wage (and entry wage earner unemployment) increase and similar initiatives because it is simply the right thing to do, but alas he appears to have collapsed on that as well. Apart from fighting the war, Mr. Bush's next two years may not be all that troubling to liberals, unless they are the "If Bush supports it, I am against it" variety.
I'm not quite sure why you put Madison on your list of "worst" Presidents. Schlesinger's list (has a catchy ring, doesn't it?) has him at the top of the "average" group. Cite. No other poll shows him lower than 18th (a level which is, after all, above average). Cite.
The real bottom consists of Buchanan, A. Johnson, and then your choice of Harding, Pierce, or Nixon.
As usual, I agree with your analysis. But you omit a dynamic that seems pivotal.
Yes, Bush has literally made everything he has touched worse: E.g., Excluding credit cards from bankruptcy and creating a Debtors' Prison, his blankness at being told of the WTC hits (an FAA employee grounded the planes, not the Administration), the payback to insurance and pharmaceutical interests in Medicare Part D, the $13.5 billion taxpayer subsidy of oil interests, the $250 billion Pork Barrel projects, the massive increase in the Deficit, the tax abatement for the rich, the Katrina Fiasco and indifference, and not last the Iraq Invasion (a preemptive aggression barred by traditional Christianity's Just War Doctrine). These are just some of the more incredible acts/inactions in the past six years. All of these actions betray a normal person's sense of common sense and decency. I cannot imagine a more outrageous period of misgovernance (not even Jimmy Carter or Richard Nixon). So, what would lead someone to take such outrageous actions? Only someone indifferent to the long-term consequences would have pushed these horrible decisions. Did something "snap" when Yahweh annointed him the Messianic Forerunner to Armageddon? Did 9/11's magnitude overwhelm his abilities (however minimally preexistent)? He takes no one's counsel. He only last week admitted a "mistake," but in tactics, not in objectives. Has he repented and just upped the ante, confident of Yahweh's revelations to him are true? We've all known people "in denial," but Bush is outside that box; he's invincible, unbendable, and certain of his rectitude. None of this is "normal," at least not for a leader of the world's superpower. I only know of mental health issues, but several of them seem to be operating here, however unprepared I am to diagnose anyone (much less one I cannot interview). But Bush has been pathological (either in governance or in personality or both) for some time. I wouldn't know which DSM-IV metaphysics to apply to him, and I'm not sure any of those disorders are exactly on target. We know his aimless, alcoholic life was "changed" by a religious conversion, but that phase made him a "uniter" and conciliator as Texas governor. Then, 9/11/2001 appears to have "changed" him again. Previously aloof, indifferent, and vacationing, the 9/11 events did not register other than blankness as Andy Card tells him; oblivious, he starts reading to children as his responsiveness is dulled to inaction. His staff finally intervenes, and Air Force One flies all over because clueless is without a clue. Then the Messianic features became more and more pronounced and obstinate. The "Executive" assumes a largess that isn't constitutional. But the "mission" has changed, the Divine Plan is secretly revealed to him, it's his destiny in salvation's economy (or as he sees it), and Bush is Yahweh's Anointed to prepare for the Second Coming. Individuals of this type see only one thing: How they believe a deity is using them. This type of phenomenon is not uncommon. Indeed, Osama bin Laden is just one of the same type, as are the Evangelical "prophets" who become "above" the mundane realities, and assume a destiny they feel specially called to. St. Augustine of the fifth century changes from a hedonist to an acestic. The 1/22/07 New Yorker tells the story of an American kid who has a similar conversion to radical Islam from his Jewish roots and is now OBL's p.r. man. In each of these cases, something normal "snaps" and these individuals assume a sense of mission that lacks proportion, reality, and even commonsense. They assume their destiny in entwined in a divine plan, of which they are an intrinsic part, and they take on a mission toward some Telos outside our normal existence. "Fanatic" just does not capture the full dynamic. For now, the Democrats will act as a Stop-Gap to as many terrors and horrors that this religious zealot can concoct, but even they recognize their limited powers, even if Bush does not recognize his. Compounding the problem immensely is 35% of the electorate that "identifies" with Bush's special sense of mission and the impending Armageddon, having become "escapists" in the Angst of Modernity, taking refuge in this Evangelical opiate. Two years seems like an awfully long time to wait this zealot out. An awfully long time!
My ranking of Madison is based largely on a Michael Lind column in the Washington Post a couple of months ago (where the topic du jour was whether Bush was the worst president of all) that emphasized the monumental ineptitude of Madison with regard to the War of 1812, both in regard to choosing to fight it in the first place (a "war of choice") and secondly on exhibiting extraordinary incompetence in his choice of military leaders (who, of course, managed to lose Washington to the Brits). Pierce's sins were largely those of omission; Nixon is surely one of the two or three most truly complicated presidencies we've endured, but one has to concede that much good happened during his presidency as well as much that was awful. Those of us who are confirmed "Bush-haters" have a great deal of trouble conceding that anything good has come out of this Administration (though Nick Kristoff suggests that it's better on AIDS in Africa than was Clinton), but that's not the case with Nixon.
One addendum to my main post: I do wonder if anyone is telling Bush that Dick Cheney is a terrible albatross around his hopes for a "legacy." I have long thought that Rove would try to avoid the coming 2008 Republican primary bloodbath by engineering Cheney's resignation (on "medical grounds," of course) and trying to designate the successor by naming him/her as Cheney's successor.
My ranking of Madison is based largely on a Michael Lind column in the Washington Post a couple of months ago (where the topic du jour was whether Bush was the worst president of all) that emphasized the monumental ineptitude of Madison with regard to the War of 1812, both in regard to choosing to fight it in the first place (a "war of choice") and secondly on exhibiting extraordinary incompetence in his choice of military leaders (who, of course, managed to lose Washington to the Brits).
I don't think Lind gave Madison a very accurate assessment; certainly his judgment differs quite substantially from that of the historians and others who participate in other rankings. The extreme disparity in his evaluation should give us pause before putting Madison so far down. Pierce's sins were largely those of omission His biggest sin -- and one that at least matches the Iraq debacle -- was making the Kansas-Nebraska Act a party issue and using the Executive influence to help force it through Congress. That was very much a sin of commission. Nixon is surely one of the two or three most truly complicated presidencies we've endured, but one has to concede that much good happened during his presidency as well as much that was awful. Agreed. Those of us who are confirmed "Bush-haters" have a great deal of trouble conceding that anything good has come out of this Administration Agreed.
I'm quite happy to substitute Pierce for Madison, though I must say I found Lind's arguments quite persuasive. But it's true that pushing the Kansas-Nebraska Act opened Pandora's box, and Pierce should be held accountable for supporting it.
In his Saturday radio speech. Mr. Bush come up with another of his awful leftist domestic initiatives - the taxation of those who possess "excessive" private health insurance policies and use the resulting revenue to give tax breaks to lower income folks without private health insurance policies. This Dem style redistribution is supposed to be the center piece of his SOTU speech.
I have a few concerns with this response. First, I've yet to talk with anyone who thought this plan was a good idea--left, right, you name the point on the political spectrum, everyone has hated the idea. Calling it a "leftist" initiative is a little misleading, as I don't think the proposal is being put forward or supported by the "left," such as it is. Second, the idea that redistribution is something found only on the Democratic side of the aisle is a little bizarre. Both parties play redistribution games in an attempt to win the accolade of their particular imagined base. Increasing the wealth of the rich via tax cuts is no different than increasing the wealth of the poor via tax cuts--except of course that the latter are less likely to have to even pay income tax in the first place. Third, I think the program shows some remarkable conservative characteristics, at least for this administration. For once, a proposal to spend is presented with the open admission that when one spends more, one must increase income to cover the cost. Of course, cynical me thinks that specifying exactly where the money will come from will effectively kill the program before it can start, and so one can state that one tried to provide a type of universal health care, but those darn Democrats voted it down. Yeah, probably too cynical. :)
I don't know why it would be any suprise if Bush were to start selling out Congressional conservatives. He has a significant history of doing that even with his party in power, (See the Medicaid drug program, for instance.) and only appeals to party unity kept Congressional conservatives from open rebellion at times.
I am quite certain that Bush genuinely looks forward to working with the Democratic majority on all those issues, such as immigration, where he is at odds with his own party. You'll get a lot done if you don't turn a cold shoulder to his advances. Or so I fear, anyway.
"Increasing the wealth of the rich via tax cuts is no different than increasing the wealth of the poor via tax cuts"
Actually, there is a significant difference: The wealthy are enormously over-taxed in proportion to the government services they recieve, while the poor are net tax consumers, so tax cuts for the wealthy are a move in the direction of fairness, as it's normally conceieved of in a capitalist society: Paying for what you get, and getting what you pay for. You may prefer mercy to justice, but it's intellectually dishonest to pretend that mercy IS justice.
PMS_Chicago said...
I have a few concerns with this response. First, I've yet to talk with anyone who thought this plan was a good idea--left, right, you name the point on the political spectrum, everyone has hated the idea. Calling it a "leftist" initiative is a little misleading, as I don't think the proposal is being put forward or supported by the "left," such as it is. Redistribution of income is a basic tenet of modern leftist political thought. It is not a libertarian or conservative concept. As for the Dem point of view, it is hard to tell what they support anymore. If Bush is for something, the Dem leadership will be against it within a millisecond. Much of the Dem leadership all supported additional troops in Iraq over the last election cycle because Bush was against it. Now that Bush if for a "surge," those same Dems have flipped 180 degrees on the issue. Both parties play redistribution games in an attempt to win the accolade of their particular imagined base. Increasing the wealth of the rich via tax cuts is no different than increasing the wealth of the poor via tax cuts--except of course that the latter are less likely to have to even pay income tax in the first place. This comment illustrates a fundamental difference between the GOP and the Dems. The GOP believes that your money is your money, while the Dems believe it is the government's money. Thus, when the government takes Peter's money and gives it to Paul, the GOP calls this redistribution. However, when the GOP reduces taxes and takes less of Paul's money to give to Peter, Dems call this redistribution. Strange but true.
This comment illustrates a fundamental difference between the GOP and the Dems. The GOP believes that your money is your money, while the Dems believe it is the government's money. Thus, when the government takes Peter's money and gives it to Paul, the GOP calls this redistribution. However, when the GOP reduces taxes and takes less of Paul's money to give to Peter, Dems call this redistribution.
Strange but true. Actually, both conservative (nowadays at least) and liberals play the redistribute games only differing with who they try to redistribute the wealth to. While pointing out the ideological differences is accurate, trying to paint conservatives as the 'good guys' to just want to help people keep what's theirs is just a passive-aggressive slant against 'the left'. The valid points raised are muted by the incessant politicking.
"Bart DePalma, shallow "talkingpoints" philosopher, says:
Redistribution of income is a basic tenet of modern leftist political thought. It is not a libertarian or conservative concept. Oh, horsepuckey. Redistribution of income is on everyone's mind. The dispute is on the means for so doing ... and the resultant direction and effect. Cheers,
"Bart" DePalma says:
Much of the Dem leadership all supported additional troops in Iraq over the last election cycle because Bush was against it. Now that Bush if for a "surge," those same Dems have flipped 180 degrees on the issue. Lack of quotes duly noted. But I'd just point out that there's a difference between saying that we should have played with five players on the court in the first half, as opposed to saying that now we're down 160-20 in the final two minutes, we ought to be able to put a sixth player out there. That being said, I'd also note that we wouldn't have lost if we'd recognised early on that the Washington generals shouldn't even have played the Harlem Globetrotters to begin with. Any such game was all for show and not likely to redound to the reputation of the generals. Cheers,
Addendum to last comment: If "Bart" thinks that the supposed Dem view is an "180 degree" flip-flop, what does he say of Dubya?
Oh, right. IOKIYAR. Nevermind. Cheers,
bitswapper:
We are both perhaps confusing ideology with party identification. While most believers in limited government now reside in the GOP, they have always been a minority in DC even when the GOP had control of Congress. The dictim of absolute power corrupting absolutely came into play when the GOP class of 94, who did a fair amount of good slowing down the growth of (not cutting) government, became more interested in maintaining their power by buying votes. This corruption is perhaps the best argument for the otherwise bad idea of term limits.
became more interested in maintaining their power by buying votes
Would that be the 'K street project'?
bitswapper:
The K Street Project was a different symptom of the same corruption disease. I was speaking of the nearly 1/3 increase in spending by the nominally "conservative" GOP congress between 2000 and 2006.
As an outsider, I do wonder whether there will be anything of substance between Bush and his successor, whether Republican or Democrat. You might get a more slick spin machine. A few items of progressive legislation may be enacted, and maybe even some environmentalist noises will be made. But will the majority of America notice? Will their lives be any better?
I am very skeptical that Bush is suddenly going to become more accomodating to Democratic initiatives. There is going to be too much resistance from Cheney, too much defiance on Iraq and too much incompetence and low behavior to be discovered in Congressional investigation.
This SotU is going to be like every other Bush SotU. Full of pleasant sounding lies, delivered with embarrassing insincerity and with absolutely no relation to Bush's future intentions.
Bush is incapable at this point of playing nice with Congress.
The War in Iraq, the Civil Liberties war at home, Congressional investigation of his administration's corruption and malfeasance. There's no reason to believe we have contact with the boy in the bubble. This SotU is shaping up to 30 minutes of pleasant sounding lies delivered with embarassing insincerity and with absolutely no relationship to Bush's future intentions or views.
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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) Sanford Levinson, ed., Torture: A Collection (Oxford University Press 2004) Balkin.com homepage Bibliography Conlaw.net Cultural Software Writings Opeds The Information Society Project BrownvBoard.com Useful Links Syllabi and Exams |