Balkinization   |
Balkinization
Balkinization Symposiums: A Continuing List                                                                E-mail: Jack Balkin: jackbalkin at yahoo.com Bruce Ackerman bruce.ackerman at yale.edu Ian Ayres ian.ayres at yale.edu Corey Brettschneider corey_brettschneider at brown.edu Mary Dudziak mary.l.dudziak at emory.edu Joey Fishkin joey.fishkin at gmail.com Heather Gerken heather.gerken at yale.edu Abbe Gluck abbe.gluck at yale.edu Mark Graber mgraber at law.umaryland.edu Stephen Griffin sgriffin at tulane.edu Jonathan Hafetz jonathan.hafetz at shu.edu Jeremy Kessler jkessler at law.columbia.edu Andrew Koppelman akoppelman at law.northwestern.edu Marty Lederman msl46 at law.georgetown.edu Sanford Levinson slevinson at law.utexas.edu David Luban david.luban at gmail.com Gerard Magliocca gmaglioc at iupui.edu Jason Mazzone mazzonej at illinois.edu Linda McClain lmcclain at bu.edu John Mikhail mikhail at law.georgetown.edu Frank Pasquale pasquale.frank at gmail.com Nate Persily npersily at gmail.com Michael Stokes Paulsen michaelstokespaulsen at gmail.com Deborah Pearlstein dpearlst at yu.edu Rick Pildes rick.pildes at nyu.edu David Pozen dpozen at law.columbia.edu Richard Primus raprimus at umich.edu K. Sabeel Rahmansabeel.rahman at brooklaw.edu Alice Ristroph alice.ristroph at shu.edu Neil Siegel siegel at law.duke.edu David Super david.super at law.georgetown.edu Brian Tamanaha btamanaha at wulaw.wustl.edu Nelson Tebbe nelson.tebbe at brooklaw.edu Mark Tushnet mtushnet at law.harvard.edu Adam Winkler winkler at ucla.edu Compendium of posts on Hobby Lobby and related cases The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC The Anti-Torture Memos (arranged by topic) Recent Posts George Orwell would be proud
|
Wednesday, September 03, 2008
George Orwell would be proud
Sandy Levinson
One of the lead stories in today's Washington Post is entitled "McCain Praised as His Own Man." But, of course, with regard to the choice of the egregious Gov. Palin, this is absolutely and utterly false. The McCain who cared about the interests of the country, by all accounts, wanted to pick either Joe Lieberman or Tom Ridge. But his politically-oriented advisers, who are interested only in what might win the election, said they were tainted on the abortion issue. He could, of course, have picked someone "right" on abortion with genuine administrative experience, such as Mike Huckabee, but he was, alas, of the wrong sex (and, possibly, too truly "compassionate"--Richard Viguerie, who loves Sarah Palin, had accused Gov. Huckabee of being a "Christian Socialist"--to appeal to the Social Darwinist right). So he decided that Gov. Palin was the one.
Comments:
George Orwell is going to rise from his grave, grab a rifle, storm the RNC, and tell everyone:
"It was a cautionary tale! Not an instruction manual!" Also: "He's dead, but he won't lie down." - Popular Song (Introductory quote to Coming Up For Air)
I think I'll go re-read 'Gerrymandering and the Brooding Omnipresence of Proportional Representation: Why Won’t It Go Away?'.
Senator Lieberman accompanied Sarah to her meeting with the AIPAC board of directors yesterday, prior to his speech. Both his speech and Sarah’s this evening, should be evaluated in light of this meeting, and Senator Obama’s fiasco before the membership.
Although I have fundamental disagreements with AIPAC on matters both strategic and tactical, I find it difficult to imagine they would informally endorse McCain/Palin if they thought Sarah less than competent to govern. I would also be greatly surprised if they were mistaken in their evaluation. Seen in this light, the selection of Sarah appears an instance of "civil republican virtue," and not the reverse.
Prof. Levinson:
One correction from your addendum: " Indeed, I would concede that George W. Bush displayed "republican virtue" in selecting Dick Cheney in 2000. Please recall that Cheney selected Cheney to be VP in 2000, and Bush acceded to that selection. IIRC, he asked Cheney to vet his potential running mates and, about two weeks later, announced that Cheney concluded that he would be the best choice. I wouldn't call that republican virtue, and would appreciate your explanation of how that self-selection fits the definition. Thank you, Fraud Guy
Sandy Levinson said,
>>>>>>> But that time ended when he pandered to South Carolina confederates on the flag in 2000 (and then regretted doing so afterward, because he recognized that it was the crassest sort of "unmanly" submission to those who still, in the back of their hearts, believe that secession (to preserve slavery) was perfectly reasonable and those who fought for it admirable). <<<<<<< I am really tired of this dumping on the Confederate flag. The place to debate the causes of secession and the Civil War are in Civil War Roundtable discussion groups, not in our legislatures. Dumping on the Confederate flag destroys objectivity in the interpretation of history. It is possible to "prove" almost any interpretation of history, depending on what facts (or fabrications) are selected and how they are interpreted. For example, it is easy to argue that the slavery issue was just a pretext for secession. Secession did nothing for the slaveowners -- secession hurt their interests instead of helping their interests. Some of the biggest supporters of secession were abolitionists because secession drastically reduced the power of the slave states in the federal government. And if you want to see some real racism, consider this excerpt of Stephen Douglas's opening speech in the first Lincoln-Douglas debate: We are told by Lincoln that he is utterly opposed to the Dred Scott decision, and will not submit to it, for the reason that he says it deprives the negro of the rights and privileges of citizenship. (Laughter and applause.) . . . . .Do you desire to strike out of our State Constitution that clause which keeps slaves and free negroes out of the State, and allow the free negroes to flow in, ("never,") and cover your prairies with black settlements? Do you desire to turn this beautiful State into a free negro colony, ("no, no,") in order that when Missouri abolishes slavery she can send one hundred thousand emancipated slaves into Illinois, to become citizens and voters, on an equality with yourselves? ("Never," "no.") . . . . For one, I am opposed to negro citizenship in any and every form. (Cheers.) I believe this Government was made on the white basis. ("Good.") I believe it was made by white men for the benefit of white men and their posterity for ever, and I am in favor of confining citizenship to white men, men of European birth and descent, instead of conferring it upon negroes, Indians, and other inferior races. ("Good for you." "Douglas forever.") The compromise on the Confederate flag at the South Carolina statehouse was a fair compromise and most people have accepted it. Three flags were removed from the statehouse (one over the dome and two in the chambers) and one flag was placed over the monument on statehouse grounds.
Without going into a full-scale debate about the causes of the War of 1861-65, it is beyond argument that John McCain believed that he had pandered in supporting white South Carolinians and wrote that he regretted it. Let Mr. Fafarman take up his dispute with Mr. Straight Talk.
As for AIPAC, they're just another single issue organization that is more than happy to subordinate any sense of "what is best for America" to what is best for its favorite cause, in this case a particular view of Israel. If members of AIPAC ended up supporting McCain-Palin, that has nothingn to do with a disinterested view about "capacity to govern" and everything to do with the belief that they will be a more dependable supporter of right-wing Israeli politicians and, of course, a potential supporter of an Israeli attack on Iran. (To forestall inevitable misunderstandings, I do not believe that AIPAC is any different from any other single-issue organization; it is the nature of single-issue organizations not to care about other issues. That's what allows us to identify them as "single-issue" organizations. One hopes that political leaders will rise above "single-issuedom.") Finally, as to Cheney's being on th 2000 ticket: Yes, he ultimately recommended himself, but it was Bush who made the decision, and it is implausible to view it as having been based on crass political considerations. One might even say that W. knew he needed the wise counsel of an elder statesman. He simply was catastrophically mistaken in believing that Cheney would provide it. What needs greater explanation is why Bush kept him on the ticket in 2004, given that, among other things, it guaranteed a wide-open Republican field. (Or perhaps they figured that the field would be left wide open for Jeb, who could scarcely have been selected as VP in 2004.)
I wouldn't say letting Cheney choose himself was crass political consideration. At the time, I would have sworn it was a campaign killer, and viewed it two ways.
First, the cartoon character led by the nose by a conman, while repeating his precious refrain "well, that sounds logical." Second, a colossal lack of self-confidence. We have since found out that GWB does not lack in self confidence (self-awareness is another story...).
Sandy:
Given that McCain thinks of himself as a maverick outsider and occasionally is one, who among the GOP political elite do you think would have fit that role as VP better than Palin? Folks are royally tired of Washington. Thus, what the GOP needed was a candidate who can run against D.C ala Reagan. Sadly, Reagan revolutionaries are far and few between in the comfortable incumbent GOP salons of Washington. While McCain likes to think he is one, he has also strayed seriously. In Palin, he found a Reagan revolutionary outsider in spades...or should I say in heels. The addition of Plain to the ticket reinforces McCain's maverick brand where the addition of Biden to the ticket only reinforced the perception that Obama lacks gravitas and substance and requires tutors. You are badly misunderestimating this "pitbull with lipstick." After finally seeing her in person last night, the more serious pundits on the left now recognize what I have been telling you since her pick was announced and I actually listened to her previous interviews - that the Dems have a serious problem with this woman. I am sure that this will be ridiculed, but I will offer the anecdote anyway. My wife is a no nonsense woman who does not put up with foolishness from anyone. I have seen her reduce store managers defending bad service into quaking blobs. My lady also does not think much of the political class and had to be convinced to watch the Palin speech by her political junkie husband. However, my tough wife was in tears about half way through the Palin speech and she was hardly alone in that RNC crowd. Take Palin lightly at your own risk. She knows how to speak to the folks.
Sadly, Reagan revolutionaries are far and few between....
Some would say "mythical". That is to say, "imaginary". Cheers,
If this was the '60s:
"Palin, Palin, Hey!, Hey!, How many books did you burn today?" ;-) Perfect candidate for the RW foamer battalions to put up there .... and perfect candidate for the rest of the nation to lampoon, and rightly so). We need a CRW eedjit anti-science, anti-Eyvull-lu-shun foamer just to show what the Rethuglicans have reduced themselves to. Maybe that will bring real tears to Mrs. "No Nonsense" "Bart"'s eyes.... Yes, McSame is showing the same "maverick" tendency that Dubya did: "I'm always right, and to hell with anyone else." But at the same time, McSame is destroying the very "maverickness" that kept him from being nominated by the eedjit Rethuglcan party previously. A man of "principle": Principle #1: You need to kiss RW a$$ to get nominated. And nce you've taken that step, they (or the Devil) own[s] you.... Cheers,
Bart's wife's tears were for the tragic decline in political discourse apparent in Palin's substance-deprived, teleprompter-driven, yet ecstatically received diatribe.
I wanted to weep too, when I saw the way they made that old lady stand up during one of the inane "standing ovations" -- she was clearly thinking "oh, my poor back!" She couldn't tell that to Bart, of course.
I have little doubt that Bart speaks accurately for many disguntled Reagan conservatives, and, as Jack indicated, one should not underestimate Palin's abilities as a potential pit bull with lipstick. That being said, John McCain simply isn't running an "insurgency" candidacy. How could he, given his career over the past 50 years, when he has never been off the government payroll and, for most of those years, serving in the Congress. And Republcans are going to have to explain why Palin was so clearly his third choice, behind Lieberman and Ridge, scarcely models of Bart's kind of conservatism. It is true that McCain-who's-not-really-his-own-man ultmately capitulated to his Rovean advisers and through Bart a big, big bone.
I remain curious if Bart would wish Palin to become the presidential candidate if the 72-year-old McCain keels over prior to the November election.
Sandy said...
I remain curious if Bart would wish Palin to become the presidential candidate if the 72-year-old McCain keels over prior to the November election. The more I learn about Governor Palin, the more I wish she was heading the ticket heading into the fall rather than McCain, who I view as the best of two poor to middling options. I would suggest that there are two ways of looking at experience. The first, which has dominated the conversation to date, is the resume approach of totaling up the years spent in various jobs. The other is taking a look at how the candidate performed the job he or she held. I think we should be looking harder at the latter. Palin reminds me of a cross between a Maggie Thatcher who is easier on the eyes and Teddy Roosevelt. Like Thatcher, she governs by the same conservative principles on which she campaigns. One cannot say this of John McCain with a straight face. Like Roosevelt, Palin is willing to take on her own comfortable and corrupt party establishment to govern the way she was elected to. When she took office as governor, she discovered that the corrupt GOP establishment was in bed with the oil industry and was allowing that industry to under pay their state taxes. Palin stopped that arrangement and renegotiated the state relationship with the oil companies, resulting in higher revenues which she used to lower the taxes of her constituents rather than wasting it in attempting to buy votes with additional government spending. That is the kind of governance that causes a tingly sensation to run up the leg of this Reagan conservative and appears to do likewise for the 80% of her constituents whose give her a thumbs up in the polls. What really ought to horrify you Dems on the left is not that Palin is an inexperienced naif who would be rolled by a Dem Congress and the liberal State Department if McCain were to keel over in office, but rather that she could be the next Iron Lady returning the GOP to first principles and rolling the divided Dem Congress with a very Reagan-like coalition of Blue Dog Dems and the GOP. The office of VP is actually a waste of this woman's demonstrated talents, but perhaps a good way to gain national experience and exposure if she decides to go after the top job in the future. However, I am not at all sure that she and her family will want to remain in the DC snake pit away from their beloved Alaska. Time will tell if she can maintain her current electoral success in this cycle and whether she wishes to do so in the future. However, so far, so good.
I don't share your opinion about Lieberman's noble motives. Lieberman is and always has been for Lieberman first. The little prick recognizes that the Democrats will come out of November with a comfortable majority in the Senate, which means he can safely be ignored. His only chance to be a player is a cabinet position in a McCain administration.
Unlike Bart's wife, my wife is not only tough, but smart. She recognizes political speechmaking for the cynical and manipulative skill that it is, and therefore was able to sit through both conventions without once reaching for a tissue.
The more I learn about Governor Palin, the more I wish she was heading the ticket heading into the fall rather than McCain, who I view as the best of two poor to middling options.....
... because "Bart" luvs him some creationism-espousing, book-banning, frothing RW extremists, who have at best a very dim understanding of U.S. history, much less [and that's the proper usage, not the stoopid "nevertheless" you keep using inappropriately] an understanding of basic Constitutional law and gummint. Cheers,
Like Roosevelt, Palin is willing to take on her own comfortable and corrupt party establishment to govern the way she was elected to....
Post a Comment
... and what better way to do this than head up Ted "Earmark" Stevens's 527 PAC. Eyes on the inside, you know, to make sure she can dig deep into the corruption before rooting it out.... Oh... Waidaminnit She still supports Stevens. Cheers,
|
Books by Balkinization Bloggers Linda C. McClain and Aziza Ahmed, The Routledge Companion to Gender and COVID-19 (Routledge, 2024) David Pozen, The Constitution of the War on Drugs (Oxford University Press, 2024) Jack M. Balkin, Memory and Authority: The Uses of History in Constitutional Interpretation (Yale University Press, 2024) Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023) Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023) Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022) Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022) Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022) Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021). Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021). Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020) Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020) Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020) Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020). Andrew Koppelman, Gay Rights vs. Religious Liberty?: The Unnecessary Conflict (Oxford University Press, 2020) Ezekiel J Emanuel and Abbe R. Gluck, The Trillion Dollar Revolution: How the Affordable Care Act Transformed Politics, Law, and Health Care in America (PublicAffairs, 2020) Linda C. McClain, Who's the Bigot?: Learning from Conflicts over Marriage and Civil Rights Law (Oxford University Press, 2020) Sanford Levinson and Jack M. Balkin, Democracy and Dysfunction (University of Chicago Press, 2019) Sanford Levinson, Written in Stone: Public Monuments in Changing Societies (Duke University Press 2018) Mark A. Graber, Sanford Levinson, and Mark Tushnet, eds., Constitutional Democracy in Crisis? (Oxford University Press 2018) Gerard Magliocca, The Heart of the Constitution: How the Bill of Rights became the Bill of Rights (Oxford University Press, 2018) Cynthia Levinson and Sanford Levinson, Fault Lines in the Constitution: The Framers, Their Fights, and the Flaws that Affect Us Today (Peachtree Publishers, 2017) Brian Z. Tamanaha, A Realistic Theory of Law (Cambridge University Press 2017) Sanford Levinson, Nullification and Secession in Modern Constitutional Thought (University Press of Kansas 2016) Sanford Levinson, An Argument Open to All: Reading The Federalist in the 21st Century (Yale University Press 2015) Stephen M. Griffin, Broken Trust: Dysfunctional Government and Constitutional Reform (University Press of Kansas, 2015) Frank Pasquale, The Black Box Society: The Secret Algorithms That Control Money and Information (Harvard University Press, 2015) Bruce Ackerman, We the People, Volume 3: The Civil Rights Revolution (Harvard University Press, 2014) Balkinization Symposium on We the People, Volume 3: The Civil Rights Revolution Joseph Fishkin, Bottlenecks: A New Theory of Equal Opportunity (Oxford University Press, 2014) Mark A. Graber, A New Introduction to American Constitutionalism (Oxford University Press, 2013) John Mikhail, Elements of Moral Cognition: Rawls' Linguistic Analogy and the Cognitive Science of Moral and Legal Judgment (Cambridge University Press, 2013) Gerard N. Magliocca, American Founding Son: John Bingham and the Invention of the Fourteenth Amendment (New York University Press, 2013) Stephen M. Griffin, Long Wars and the Constitution (Harvard University Press, 2013) Andrew Koppelman, The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) James E. Fleming and Linda C. McClain, Ordered Liberty: Rights, Responsibilities, and Virtues (Harvard University Press, 2013) Balkinization Symposium on Ordered Liberty: Rights, Responsibilities, and Virtues Andrew Koppelman, Defending American Religious Neutrality (Harvard University Press, 2013) Brian Z. Tamanaha, Failing Law Schools (University of Chicago Press, 2012) Sanford Levinson, Framed: America's 51 Constitutions and the Crisis of Governance (Oxford University Press, 2012) Linda C. McClain and Joanna L. Grossman, Gender Equality: Dimensions of Women's Equal Citizenship (Cambridge University Press, 2012) Mary Dudziak, War Time: An Idea, Its History, Its Consequences (Oxford University Press, 2012) Jack M. Balkin, Living Originalism (Harvard University Press, 2011) Jason Mazzone, Copyfraud and Other Abuses of Intellectual Property Law (Stanford University Press, 2011) Richard W. Garnett and Andrew Koppelman, First Amendment Stories, (Foundation Press 2011) Jack M. Balkin, Constitutional Redemption: Political Faith in an Unjust World (Harvard University Press, 2011) Gerard Magliocca, The Tragedy of William Jennings Bryan: Constitutional Law and the Politics of Backlash (Yale University Press, 2011) Bernard Harcourt, The Illusion of Free Markets: Punishment and the Myth of Natural Order (Harvard University Press, 2010) Bruce Ackerman, The Decline and Fall of the American Republic (Harvard University Press, 2010) Balkinization Symposium on The Decline and Fall of the American Republic Ian Ayres. Carrots and Sticks: Unlock the Power of Incentives to Get Things Done (Bantam Books, 2010) Mark Tushnet, Why the Constitution Matters (Yale University Press 2010) Ian Ayres and Barry Nalebuff: Lifecycle Investing: A New, Safe, and Audacious Way to Improve the Performance of Your Retirement Portfolio (Basic Books, 2010) Jack M. Balkin, The Laws of Change: I Ching and the Philosophy of Life (2d Edition, Sybil Creek Press 2009) Brian Z. Tamanaha, Beyond the Formalist-Realist Divide: The Role of Politics in Judging (Princeton University Press 2009) Andrew Koppelman and Tobias Barrington Wolff, A Right to Discriminate?: How the Case of Boy Scouts of America v. James Dale Warped the Law of Free Association (Yale University Press 2009) Jack M. Balkin and Reva B. Siegel, The Constitution in 2020 (Oxford University Press 2009) Heather K. Gerken, The Democracy Index: Why Our Election System Is Failing and How to Fix It (Princeton University Press 2009) Mary Dudziak, Exporting American Dreams: Thurgood Marshall's African Journey (Oxford University Press 2008) David Luban, Legal Ethics and Human Dignity (Cambridge Univ. Press 2007) Ian Ayres, Super Crunchers: Why Thinking-By-Numbers is the New Way to be Smart (Bantam 2007) Jack M. Balkin, James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky, eds., Cybercrime: Digital Cops in a Networked Environment (N.Y.U. Press 2007) Jack M. Balkin and Beth Simone Noveck, The State of Play: Law, Games, and Virtual Worlds (N.Y.U. Press 2006) Andrew Koppelman, Same Sex, Different States: When Same-Sex Marriages Cross State Lines (Yale University Press 2006) Brian Tamanaha, Law as a Means to an End (Cambridge University Press 2006) Sanford Levinson, Our Undemocratic Constitution (Oxford University Press 2006) Mark Graber, Dred Scott and the Problem of Constitutional Evil (Cambridge University Press 2006) Jack M. Balkin, ed., What Roe v. Wade Should Have Said (N.Y.U. Press 2005) 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 |