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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 Mandate for Socialism
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Wednesday, November 05, 2008
Mandate for Socialism
Mark Tushnet
Well, apparently, given the choice between a socialist and a whatever, Americans prefer the socialist.
Comments:
As someone who worked for Gore, Kerry, and Obama in Ohio, I saw how much better organized Obama's campaign was than the previous two. And I thought about Rudy G., Sarah P., and others on the right mocking Obama's "community organizer" experience. They really didn't know what was coming.
It's funny watching the tape of them mocking community organizers. I didn't realize it at the time, but it's pretty obvious now that they were laughing at the beast that was about to crush them.
Obama campaigned as a conservative promising to cut the taxes of 95% of the population, paying for his new programs by cutting other programs and reinforcing the war in Afghanistan. Obama ridiculed criticisms of his socialist leanings and promised "no lurches to the left." 52% of the voters believed him or at least took the chance that he was telling the truth..
If Obama lied to the voters as did Clinton in 1992 and reneges on his promises in a shift to the left, then the voters will have their "choice between a socialist and a whatever" in 2010 as they did in 1994.
Baghdad, if he was campaigning as a conservative, why did you wingnuts start calling him a socialist after his talk with Joe the Son of a Welfare Queen?
Of course Bart is now saying that Obama is the promise of conservatism, he's deranged. We will now be able to witness Bart's Bill Bennett impersonation to become an unabashed suckup.
Just think of it. Without McCain to kick around any more, Bart gets to complain about everything. It's part and parcel to the luxury of being an anti-intellectual reactionary.
It's really amazing how Obama could go from being a socialist to a conservative just by winning an election.
Bartbuster,
It's really amazing how Obama could go from being a socialist to a conservative just by winning an election. don't you realize we are a center right country? no matter what happens? no matter which party wins? a vote for a republican is a vote for a conservative. a vote for a democrat is a vote for a conservative. we have always been at war with eurasia.
Who knew that an intimate friend of Bill Ayers, Rev. Wright, and Rashid Khalidi could be a conservative?
Obama's past comments pretty well demonstrate his socialist leanings from his autobigraphical admission that he sought out Marxist professors in college, his Marxist wingnut friends like Ayers, Wright and Fleger, to his own recorded statements about redistribution and spreading the wealth.
However, Obama successfully campaigned in 2008 on conservative principles such as lower taxes, getting money for new programs from cuts in present spending and waging war against al Qaeda. I fully expect Obama to pull a Clinton '93, revert to his socialist leanings and renege on most of his campaign promises. Obama is nothing if not incredibly arrogant. He will assume that this election is a mandate for whatever he wants to do regardless of what he promised on the campaign trail. The markets are wondering the same thing as they dove 3% today. The question is whether the GOP has a Gingrich who can lead the congressional GOP in opposition and make Obama pay in the polls later.
However, Obama successfully campaigned in 2008 on conservative principles such as lower taxes, getting money for new programs from cuts in present spending and waging war against al Qaeda.
Baghdad, that is a big steaming pile. Joe the Son of a Welfare Queen accused him of being a socialist based on the tax plan he was campaigning on. And "waging war on Al Qaeda" is "conservative" like breathing is "conservative". In short, you are full of shit.
The question is whether the GOP has a Gingrich who can lead the congressional GOP in opposition and make Obama pay in the polls later.
Palin 12 I can't wait.
Jeez, Bart, someone farted in your Wheaties this morning... You just keep complaining. We're going to go ahead and get to work cleaning up the mess you supported creating. But really, thanks for everything.
"obama is nothing if not incredibly arrogant. he will assume that this election is a mandate for whatever he wants to do regardless of what he promised on the campaign trail"
do much for mr. depalma's promise a few days ago that he was simply going to issue a gracious congratulations and move on if obama won.
Bart, your insights continue to astound me. I donned a beret and a scraggly beard (a la Che) and snuck into Obama HQ (affectionately referred to by Commissar Plouffe as the Chicago Kremlin) and did a little pilfering. The first thing I came across was Obama's agenda for the first hundred days. You, of all people, won't be surprised to see what it includes.
Agenda for the 1st Hundred Days: 1. Institute Sharia. 2. Instate Communism. 3. Establish compulsory gay marriage for all preschoolers. 4. Surrender to Aztlan. 5. Legalize abortion until 12 years after conception. 6. Ban NASCAR and replace with all-male (Bolshoi?) ballet. 7. Make Ebonics official language of the USA. 8. Ban Christmas. 9. Ban "Red Dawn". 10. Legalize box turtles.
I think another very convincing argument that Obama ran on a conservative platform is that he promised his two girls a dog if he won the election. We can expect, of course, that he'll renege on that promise and force them to adopt some radical leftist kitten.
Who knew that an intimate friend of Bill Ayers, Rev. Wright, and Rashid Khalidi could be a conservative?
Nice one! I found the talk about Khalidi especially funny, since I worked in his office for a summer. If being at the same party with someone makes you a PLO sympathizer, I wonder what watering his plants while he's on vacation makes you? The head of Hamas?
is that he promised his two girls a dog if he won the election
Actually, I think he promised them a dog whether he won or lost. Clearly that makes him a communist.
Obama clearly had a well "organized" campaign and ran a disciplined race. McCain probably did as well as could have been expected by a Republican in what was obviously a year favorable to Democrats. Now Obama will not have the luxory of opposition. He will have to govern.
If past be prologue, then he will govern as a liberal. That appears to be his record as well as his ideology. Also he will have increased Democratic majorities in both houses of Congress. Thus, there will be no reason for him to curb his liberal tendencies. During the campaign, however, he appeared more as a moderate. He supported the Supreme Court's Second Amendment decision. He supported the Administration on monitoring phone calls of suspected foreign terrorists. He retreated form his call for an early withdrawl from Iraq. How will Obama react when, as his running mate warned, he will be "tested" early in his administration? Now that even the New York Times recognizes that many of the detainees at Gitmo are terrorists, will Obama proceed to shut it down? Where will he send/release the detainees? Will he proceed with raising taxes and increasing regulations in the teeth of a recession? All suppoters of the coming Obamanation should enjoy this historic moment. The hard choices of reality will be upon him, and all of us, soon enough. God bless President-elect Obama and the United States.
Quidpro:
During the campaign, however, he appeared more as a moderate. [...] He supported the Administration on monitoring phone calls of suspected foreign terrorists. [outside of the fact that no one opposes such monitoring] How is warrantless wiretapping a moderate stance ... or how does such drift over in the "conservative" direction? I'm curious.... ... Now that even the New York Times recognizes that many of the detainees at Gitmo are terrorists, will Obama proceed to shut it down? [outside of the fact that the New York Times was the "shock and awe" of newspaper reporting on Iraq's purported WoMD, thanks to J. F'n. Miller] Since when did the New York Times recognise this? Cheers,
@pms_chicago:
Probably more like a head of lettuce with a side of hummous. Why are any of us still talking to the trolls? Don't we have better things to do, like hold the Obama administration's feet to the fire? Close GTMO, undo AUMF 2001, undo warrantless spying, undo the habeas stripping MCA, put some teeth into civil liberties and re-create a nation-wide "free speech" zone. Ain't got no time for the trolls. Really, we don't.
Don't we have better things to do, like hold the Obama administration's feet to the fire? Close GTMO, undo AUMF 2001, undo warrantless spying, undo the habeas stripping MCA, put some teeth into civil liberties and re-create a nation-wide "free speech" zone.
Certainly, and you're right that we should be tackling our betes noirs while we have someone who can do something about them actually listening for once. What's your first move?
If I had the resources I'd re-cap my September 2006 effort, faxing to each member of Congress a draft resolution proposal to revoke the 2001 AUMF. But that is probably still a touch Quixotic for folks, and I don't have the cash to buy the fax list nor the time to compile it by hand.
Failing that, I'd like someone to help me better understand why Brzezinski thought luring the USSR into Afghanistan would ruin them, but now thinks we can prevail there. I found myself quite by chance reading a recent copy of "The New Yorker" with an article on Chuck Hagel, who spoke not only of fighting terrorism, but the socio-economic inequities that produce terrorism. If even a member of the GOP can look at such realities, well, no time like the present to talk our president-elect into same.
SCCS: "Obama is nothing if not incredibly arrogant."
As opposed to humble ol' "Mission Accomplished" W and his "Go f*ck yourself" string puller. Yup.
Ain't got no time for the trolls. Really, we don't.
Oooh, Robert! Pooped on yer' own advice, did ya? My 2 cents: Bart is the epitome of an obnoxious irritant. Ignoring him is a fine strategy. But kicking his ignorant ass is also a fine strategy. To each his own. Peace.
Bart said:
Obama campaigned as a conservative promising to cut the taxes of 95% of the population He campaigned on raising taxes on the 5% richest Americans. When did that become a conservative talking point? I must have missed the memo. Are really this dumb, or are you just this desperate for attention?
hank gillette said...
Bart said: Obama campaigned as a conservative promising to cut the taxes of 95% of the population He campaigned on raising taxes on the 5% richest Americans. When did that become a conservative talking point? I must have missed the memo. Actually, Obama downplayed his planned tax increase continuously and several times claimed that he would delay any tax increase until after the recession was over. What was a prominent and repeated feature of his debates and stump speech was the tax cut for 95% of the people just like Clinton campaigned on a middle class tax cut. He was quite effective in this spin as polling actually started showing that Obama would be more likely to cut taxes than McCain.
@mattski,
Guilty as charged. Sometimes it's easier than others to pretend one neither heard nor smelled the flatulence in the room.
He was quite effective in this spin as polling actually started showing that Obama would be more likely to cut taxes than McCain.
# posted by Bart DePalma : 8:54 PM And? Your claim that his plan is conservatism is laughable, considering that you were calling it socialism prior to yesterday.
Bart wants to claim Obama as a conservative because he won and because he used a few so-called conservative themes to do it.
I recall JFK running the the right of Nixon in in 1960 when he ran on the missile gap, too. That would have been a conservative theme at the time, and Kennedy rode it to the oval office. Somehow I can't imagine Bart ever claiming that JFK was a conservative because he campaigned on the missile gap. Nor will we hear much further about Obama's alleged conservative credentials as he finds other things to whine about. Conservatives get SO possessive of the pitches they use to bamboozle the public. I'm amazed they don't try to gain property rights under intellectual property law.
"He supported the Supreme Court's Second Amendment decision."
If you carefully parse what he's had to say on the subject, both before and after Heller, (Necessary in the case of somebody who's really good with words.) you'll find that his position amounts to, "Fine, let's call it a right. I'm ok with that as long as every single unit of government that wants to violate it is permitted to." Look Chicago does NOT get to opt out of other constitutional rights, just because the local government votes to. If it gets to opt out of the 2nd amendment, in Obama's opinion, either he doesn't really view it as a real right, or he's got a very nasty view of the enforceability of rights in general. Either is quite possible in a former constitutional scholar.
But Heller did not involve a state statute. Perhaps when a state statute is challenged, Heller may not be an absolute control, especially if events subsequent to Heller demonstate that the 5-4 Heller decision misconstrued the history of the Second Amendment and results in some sense of anarchy in some locales. Like Mr. Dooley used to say, the Supreme Court often follows the "illiction returns." Meantime, we can expect the "usual suspects" to continue to shoot from the lip.
Richard:
Somehow I can't imagine Bart ever claiming that JFK was a conservative because he campaigned on the missile gap.... Richard, you misunderestimate our esteemed "Bart". ;-) He'd do it in a heartbeat if he hasn't done so already. Which is good for Giulia... -- ooops, I mean McCain Cheers,
Richard:
Conservatives get SO possessive of the pitches they use to bamboozle the public. I'm amazed they don't try to gain property rights under intellectual property law. They invented "democracy" and have the copyright in perpetuity on "Constitution"s. Indeed, much the same way as Crisshuns (of the "right" kind) have the patent on morality. Unless we listen to them, we'll necessarily sin. Cheers,
Brett:
Even Heller doesn't say anyone has an absolute right to a weapon for self-defence (or whatever) ... or you can expect petitions for writs of mandamus from prisoners that take offence to being subject to anal sodomy against their will.... Line were drawn ... lines will continue to be drawn. Your hand grenades and Stinger missiles will still be illegal. Such is life. Cheers,
arne langsetmo said...
Quidpro: Now that even the New York Times recognizes that many of the detainees at Gitmo are terrorists, will Obama proceed to shut it down? Since when did the New York Times recognise this? Here: Senators John McCain and Barack Obama have said they would close the detention camp, but the review of the government’s public files underscores the challenges of fulfilling that promise. The next president will have to contend with sobering intelligence claims against many of the remaining detainees. “It would be very difficult for a new president to come in and say, ‘I don’t believe what the C.I.A. is saying about these guys,’ ” said Daniel Marcus, a Democrat who was general counsel of the 9/11 Commission and held senior positions in the Carter and Clinton administrations... But as a new administration begins to sort through the government’s dossiers on the men, the analysis shows, officials are likely to face tough choices in deciding how many of Guantánamo’s hard cases should be sent home, how many should be charged and what to do with the rest... The analysis shows that about 34 of the remaining detainees were seized in raids in Pakistan that netted three men the government calls major Qaeda operatives: Abu Zubaydah, Ramzi bin al-Shibh and Al Hajj Abdu Ali Sharqawi. Sixteen detainees are accused of some of the most significant terrorist attacks in the last decade, including the 1998 bombings at American Embassies in Kenya and Tanzania, the 2000 attack on the destroyer Cole in Yemen, and the Sept. 11 attacks. Twenty others were called Mr. bin Laden’s bodyguards. The analysis also shows that 13 of the original 23 detainees who arrived at Guantánamo on Jan. 11, 2002, remain there nearly seven years later. Of the roughly 255 men now being held, more than 60 have been cleared for release or transfer, according to the Pentagon, but remain at Guantánamo because of difficulties negotiating transfer agreements between the United States and other countries. Two of those still held, government documents show, were seen by Mr. bin Laden as potential Sept. 11 hijackers. The case of Mohammed al-Qahtani, whom the government has labeled a potential “20th hijacker,” has drawn wide notice because he was subjected to interrogation tactics that included sleep deprivation, isolation and being put on a leash and forced to perform dog tricks. The other detainee deemed a potential hijacker, whose presence at Guantánamo has gone virtually unmentioned in public reports, is a Yemeni called Abu Bara. The 9/11 Commission said he studied flights and airport security and participated in an important planning meeting for the 2001 attack in Malaysia in January 2000. The Guantánamo list also includes two Saudi brothers, Hassan and Walid bin Attash. The government describes them as something like Qaeda royalty. Military officials said during Guantánamo hearings that their father, imprisoned in Saudi Arabia, was a “close contact of Osama bin Laden” and that his sons were committed jihadists. Walid bin Attash is facing a possible death sentence as a coordinator of the Sept. 11 attacks. Hassan bin Attash was accused of having been involved in planning attacks on American oil tankers and Navy ships. Hassan bin Attash’s lawyer, David H. Remes, said the government’s claims about the detainees were not credible. He and other detainees’ lawyers say that the government’s accusations have been ever-changing and that much of the evidence was obtained using techniques he and others have described as torture. “You look at all of this stuff, and it looks terribly scary,” Mr. Remes said. “But how do we know any of it is true?” The extensive use of secret evidence and information derived from aggressive interrogations has led critics around the world to conclude that many detainees were wrongly held. Nearly seven years after Guantánamo opened its metal gates, only 18 of the current detainees are facing war crimes charges... Some of the remaining prisoners have appeared determined to show how dangerous they are. “I admit to you it is my honor to be an enemy of the United States,” said a Yemeni detainee, Abdul Rahman Ahmed, a hearing record shows. Officials said Mr. Ahmed had been trained at a terrorist camp “how to dress and act at an airport” and to resist interrogation. A Saudi detainee, Muhammed Murdi Issa al Zahrani, was described by Pentagon officials as a trained assassin who helped plan the suicide-bomb killing of Ahmed Shah Massoud, the Afghan rebel leader, on Sept. 9, 2001. “The detainee said America is ruled by the Jews,” an officer said at a hearing after interviewing him, “therefore America and Israel are his enemies.” One man caught with Abu Zubaydah insisted on his innocence but described a training camp outside Kabul, Afghanistan, where, according to information he gave to interrogators, men were given “lessons on how to make poisons that could be inhaled, swallowed or absorbed through the skin.” Mr. bin al Shibh was caught with a group of six Yemenis, all of whom are still held, after a two-and-a-half-hour gun battle. The records of those detainees include allegations that some were “a special terrorist team deployed to attack targets in Karachi.” One of the men, Hail Aziz Ahmad al Maythal, was trained in the use of rocket-propelled grenade launchers, machine guns and “trench digging, disguise techniques, escape methods, evasion and map reading,” according to the military’s accusations. Isn't it amazing how genuine responsibility stops childish self denial.
richard said...
Somehow I can't imagine Bart ever claiming that JFK was a conservative because he campaigned on the missile gap. You folks need to read some history. JFK is far closer to Reagan than to Obama. JFK campaigned to the right of Nixon on foreign policy and military matters. When in office, after a rocky start in Vienna and the Bay of Pigs, Kennedy faced down the Russians, dramatically expanded the military and created the Special Forces to implement counter insurgencies against the communists. JFK ridiculed what he called soft liberals like Stevenson, his era's less well spoken Obama. JFK made the supply side argument for reducing marginal income tax rates before it was called supply side. Johnson passed the tax cuts after JFK's assassination and the economy boomed. JFK was the last Dem candidate this conservative could have voted for.
Isn't it amazing how genuine responsibility stops childish self denial.
# posted by Bart DePalma : 9:51 AM The election of Obama was pretty amazing, wasn't it?
JFK was the last Dem candidate this conservative could have voted for.
# posted by Bart DePalma : 10:02 AM Why didn't actual conservatives for him?
bartbuster said...
BD: JFK was the last Dem candidate this conservative could have voted for. Why didn't actual conservatives for him? You accidentally raise an interesting point. Conservatism then was far different from Reagan Conservatism. Conservatism then was classical conservatism - reactionary, go slow on everything, protectionist and largely isolationist. Apart from some social issues, Reagan conservatism is more akin to classical liberalism - free markets, free trade and a rather revolutionary foreign policy to spread freedom and democracy. This is the antithesis of reactionary stasis.
Bart DePalma said:
JFK was the last Dem candidate this conservative could have voted for. So, you believe that people and the Constitution are static? Do you really think that if JFK were alive today, ignoring age and other considerations, he’d the tax-cutting, commie-hating conservative you lust after? We can’t know what John F. Kennedy’s positions would be today, but I think it’s far more likely that he would closer to his brother Teddie Kennedy’s political positions than those he espoused 48 years ago in a far different world and time.
hank gillette said...
BD: JFK was the last Dem candidate this conservative could have voted for. Do you really think that if JFK were alive today, ignoring age and other considerations, he’d the tax-cutting, commie-hating conservative you lust after? We can’t know what John F. Kennedy’s positions would be today, but I think it’s far more likely that he would closer to his brother Teddie Kennedy’s political positions than those he espoused 48 years ago in a far different world and time. This is very possible. You have just acknowledged how far to the left today's Dems have strayed from the the old FDR/Truman/Kennedy coalition.
bartbuster:
["Bart"]; Isn't it amazing how genuine responsibility stops childish self denial. [bartbuster]: The election of Obama was pretty amazing, wasn't it? Hasn't slowed down "Bart", though.... Cheers,
You have just acknowledged how far to the left today's Dems have strayed from the the old FDR/Truman/Kennedy coalition.
# posted by Bart DePalma : 1:11 PM Considering how far the party of racist rightwingnuts has strayed from Lincoln, the Dems are looking pretty good right now.
[Quidpro]: Now that even the New York Times recognizes that many of the detainees at Gitmo are terrorists, will Obama proceed to shut it down?
[Arne]: Since when did the New York Times recognise this? <["Bart"]: Here: [quoting NYT]: Senators John McCain and Barack Obama have said they would close the detention camp, but the review of the government’s public files underscores the challenges of fulfilling that promise. The next president will have to contend with sobering intelligence claims against many of the remaining detainees.... Most of those still being detained are not such. Agreed that there's a number of the "baddest of the bad" (a couple dozen or so). Too bad that the Dubya has pretty much poisoned any legitimate prosecution of these people according to our laws and practise. Maybe a new administration can institute proper prosecutions with new prosecutors insulated by a "Chinese wall" ... but FOTPT may get in the way nonetheless. But I don't see a problem with moving them to the U.S.; now that the Supreme Court has trashed the Dubya maladministration's pathetic attempt to create a legal "black hole" there, there's really no need any more to keep them there. Cheers,
Richard:
[Richard]: Somehow I can't imagine Bart ever claiming that JFK was a conservative because he campaigned on the missile gap.... [Arne]: Richard, you misunderestimate our esteemed "Bart".... Told ya so. Cheers,
Bart, as always, hits another one right out of the park! What follows are a couple of instances of Obama "downplaying" his intention to increase taxes on the top 5% of earners.
Here's Obama hiding the ball on November 11, 2007: Democrat Barack Obama said Sunday that if elected he will push to increase the amount of income that currently is taxed to provide monthly Social Security benefits....[D]uring an interview on NBC's Meet the Press, Obama said subjecting more of a person's income to the payroll tax is the option he would push for if elected president. "I think the best way to approach this is to adjust the cap on the payroll tax so that people like myself are paying a little bit more and people who are in need are protected," the Illinois senator said. Here's Obama obfuscating wildly on May 11, 2008: OBAMA: I will raise CEO taxes. There is no doubt about it. If you are... BLITZER: What about the average American... OBAMA: If you are a CEO in this country, you will probably pay more taxes. They won't be prohibitively high. They're -- you're going to be paying roughly what you paid in the '90s, when CEOs were doing just fine. BLITZER: So, you want to just eliminate the Bush tax cuts? OBAMA: I want to eliminate the Bush tax cuts. And what I have said is, I will institute a middle-class tax cut. Here's Obama setting the trap for unsuspecting high-earners on his campaign website: Families making more than $250,000 will pay either the same or lower tax rates than they paid in the 1990s. Obama will ask the wealthiest 2% of families to give back a portion of the tax cuts they have received over the past eight years to ensure we are restoring fairness and returning to fiscal responsibility. Ooooooh, that sneaky socialist! Burying his tax increases under so much rhetorical whitewash...
Bart, our esteemed historian, clearly has a grasp of presidential politics that we can only begin to strive for (and likely never achieve). His identification of the heretofore undefined FDR/Truman/Kennedy coalition is a brilliant bit of insight. A quick review of the electoral maps from the relevant elections perfectly depicts the remarkable longevity and uniformity of this coalition that stretched over the 28 years between 1932 and 1960...
FDR 1932 1936 1940 1944 Truman 1948 Kennedy 1960
Bart DePalma said:
This is very possible. You have just acknowledged how far to the left today's Dems have strayed from the the old FDR/Truman/Kennedy coalition. It’s the nature of progressives to want progress. In 1860, wanting to outlaw slavery made you a raging liberal. Today slavery is not even an issue. For some reason, conservatives want to pick some moment in time, point to it, and say “That’s when things were the way they should be.” For Justice Scalia, it seems to be the day the Constitution was signed. For Bart, it seems to be somewhere in the 1950s. Pointing to what was “liberal” in 1955 as to what “liberal” should mean today makes no more sense that preferring with the computer and telephone technology of 1955 to that of 2008. As we progress, the center moves to the left. In the long term Bart and his ilk can no more prevent this than one can stop the tide. They can obstruct for awhile, but the tide of history will eventually swallow them up and make them look as ridiculous as owning slaves does to us today.
DePalma said::
JFK made the supply side argument for reducing marginal income tax rates before it was called supply side. Johnson passed the tax cuts after JFK's assassination and the economy boomed. There you go---the perfect solution to every economic problem. Bush cut taxes and the housing market boomed.
Bart tries logic:
The markets are wondering the same thing as they dove 3% today. Ever hear the phrase "killing turkeys causes winter"?
As we progress, the center moves to the left. In the long term Bart and his ilk can no more prevent this than one can stop the tide. They can obstruct for awhile, but the tide of history will eventually swallow them up and make them look as ridiculous as owning slaves does to us today.
Cultures do not evolve in one direction on a single axis. As nice as your future might sound, be aware that any trend can be reversed. Just think about what AIDS did to the lounge lizard scene... :)
The United States of...Argentina?
Rep. George Miller (D-CA), chairman of the House Committee on Education and Labor held hearings earlier in the week on ways the government may confiscate your 401K and IRAs and have the Social Security provide an annuity for you. Of course, if you die before your annuity runs out, the money is confiscated by the government rather than inherited by your heirs. The rest of the hearings were dedicated to testimony calling for looting the incomes of the wealthy and directly redistributing the money in cash payments to those who do not pay taxes. This Dem 401K and IRA confiscation scheme is modeled after that being imposed on Argentina by socialist Argentinean President Cristina Fernandez.
The United States of...Argentina?
Post a Comment
You told us that with the election of Obama you were pulling your money out of the market and sending it down there... D'oh! Hey, here's an idea, Bart: Why don't you pull up stakes and move to the Republic of Iraq? I hear that a bunch of powerful neo-cons are trying to create a free-market paradise there.
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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 |