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 The best political magazine in America is...
|
Saturday, October 15, 2011
The best political magazine in America is...
Sandy Levinson
Vanity Fair, at least on the basis of the current issue (with a tatooed Johnny Depp on the cover). It has three superb articles altogether relevant to the current political debates: Michael Lewis's article on the disaster that is California (and, ultimately, the United States) because of the inablity of states to meet their pension-fund obligations; Suzanna Andrews's analysis of "The Woman Who Knew Too Much" (Elizabeth Warren) and the trashing she got from the Obama Administration--I hope that all of you will join me in diverting the contributions you otherwise would have made to rolling-in-dough Obama to Warren's campaign to unseat Scott Brown and, therefore, to instantly become the most important elected woman politician in America going into the 2016 presidential sweepstakes; and, finally, an excellent short essay by Simon Johnson and James Kwak on the modern Republican Party's rejection of Hamiltonian economics, which rested, among other things, on the principle that the United States should be perceived as scrupulously honoring all of its debts, period.
Comments:
"the modern Republican Party's rejection of Hamiltonian economics, which rested, among other things, on the principle that the United States should be perceived as scrupulously honoring all of its debts, period."
Only in the world Orwell foresaw, could a temporary refusal to authorize going deeper into debt, in order to fight for less deficit spending, be construed as rejecting the principle that we should honor debts. I realize it's a duly issued Democratic party talking point, but still, isn't there some point where the idiocy becomes too much? "I'm not sure what it says about contemporary journalism that Vanity Fair is becoming essential reading for anyone interested in contemporary politics, but it's true." It is true, and what is says is that contemporary journalism sucks bad enough to provide the negative energy needed to construct an Abercrombie warp drive.
In The American Spectator, Frank Buckley argues we would be better off with a parliamentary system. Maybe that will make TAS your new favorite magazine (ok, probably not).
The magazine's Wikipedia page lists some past notable articles and columnists who are often worth reading on current affairs.
Popular magazines that focus on what some might see as trivial or tabloid matters have over time also had a serious component. I don't think it tells us much.
Only in Orwell's world could Brett seriously argue that blocking payment of debts already approved did not violate the principle that we should honor debts.
But they didn't block payment of debts. Literally, all they did was refuse to authorize further borrowing. The claim that this is equal to blocking payment of debts requires considerable additional assumptions which are, to say the least, contested.
Sandy,
Vanity Fair is sometimes a great mag for its political articles, but the Michael Lewis one is just one big suck up to a failed governor. The article misses the real reasons why CA is a fiscal basket case, and that has to do with: 1. Upon his election in late 2003, the Governator cut to shreds the vehicle licensing fee-aka the car tax, a phrase created by poison talk radio here in the Golden State. That cost the state a few billion each year which continues to add to our debt; 2. For two generations, there has been a systemic failure to recognize that under Proposition 13, the property taxes burdens of corporations, businesses and the like have been substantially reduced, while homeowners are now paying more as a class than ever--which then made things worse when home values plummeted (Disneyland and Universal Studios are still valuable, though, but they don't pay squat when comparing percentages and values to a simple homeowner); 3. CA taxes are in the middle range, when property values and other economic criteria are considered, so that something like an oil extraction tax would do wonders for fiscal prudence. 4. CA has to keep building prisons to house the excessive number of people in jail for drug possession who are serving long sentences, and some for life sentences due to our draconian 3 strikes law (we're one of two states that allows 3 strikes to apply to non-violent felonies). The US Supreme Court decision on overcrowding is a testament to that 3 strikes policy enacted 20 years ago. Lewis' article cites a couple of scare scenarios regarding pensions, but other than the one year the stock market was tanking, in 2008, Lewis never bothers to ask just what the percentage of this year's state budget is dedicated to paying pensions. If he did, he'd realize, it's next to nothing. CA is not a fiscal train wreck because of public unions. It is a fiscal train wreck much more because of poor electoral decisions (Props 13, 8, 98, etc.) and then electing an arrogant, vain chowderhead as governor. We had hoped, as an electorate, that Arnold would just level with us and even insist on a shared sacrifice that included him and his rich friends paying a bit more. Instead, he governed like every other pol, and was worse at it than most pols. One more stat that should interest academics and professionals: in 1981, CA spent 3% of its budget on prisons and 10% of its budget on the University of CA. In 2011, it was essentially reversed. Does this hopefully make clear why Lewis' article is garbage?
I am sure that Ahnold was a terrible governor (actually, I don't know and don't care), but doesn't California already have a pretty high income tax? How much higher were you hoping it would go?
MLS,
The state income tax top rate is 10%. It used to be 11% under that noted Communist (sarcasm note), Republican Pete Wilson in the 1990s. We still have more millionaires and billionaires than any other state. One point higher on the margin ain't gonna cause most of them to move to Arizona or Nevada. Lewis is still incredibly shallow in his suck up piece on Ah-nold.
But they didn't block payment of debts. Literally, all they did was refuse to authorize further borrowing. The claim that this is equal to blocking payment of debts requires considerable additional assumptions which are, to say the least, contested.
I love the postmodernism of today's conservatives, under which opinions on the shape of the earth are "contestable". By the way, Brett, have you reached metaphysical certainty yet regarding Obama's birth?
Nope, and never will. Why would you want me to regard that as being as certain as a mathematical truth, anyway? I'm not a member of your liberal church, I'm not required to make professions of your faith.
At any rate, what did I say that you can dispute? It was a vote on raising the debt ceiling, authorizing additional debt. Literally, factually, that's what it was. Declaring a vote not to go deeper into debt to be "questioning" the debt surely does require additional assumptions, doesn't it? Assumptions which you really need to make explicit, because some of them may very well be questionable.
Literally, factually, it was no such thing. The debt had already been approved. The debt ceiling raise was merely to implement a previously-agreed level of funding.
SEO Specialist Philippines
Hi Sandy,You wouldn’t feel it but I’ve wasted all day digging for some content about this. You happen to be a lifesaver, it was an beneficial read and has helped me out to no end. Cheers!
No, Mark, the spending had already been approved, and could be unapproved if necessary. Certainly deferred. The vote was, literally, objectively, a vote on authorizing deeper debt.
And let me point out that at any time the Democrats could have gotten it passed by agreeing to reduce the increase in spending. Why the heck is voting against an increase in debt questioning the debt, while refusing to increase the debt unless you can go deeper into debt faster is not? The answer is easy: Because the former was what Republicans were doing, the latter what Democrats were doing, and this is just a mindless Democratic talking point.
But it is foolish to deny that unfunded pension liabilities have become a national problem at the state and locallevel (read Lewis on Vajello) and have to be addressed.
This is not true except in a few scattered and unimportant places. The appearance of such a problem has been created by the use of misleading and sometimes false talking points. No, Mark, the spending had already been approved, and could be unapproved if necessary. Certainly deferred. Any legislative body has infinitely many opportunities to review previous decisions. That was not the agreed-upon process, under which the debt ceiling raise merely implemented the previously-agreed spending decisions and was merely administrative. Nor is infinite reconsideration sensible on any other ground than pure obstructionism.
Mark, the "agreed upon" process is systematic fiscal insanity, designed to prevent spending from ever being reconsidered, so that nobody's pork would ever get cut. It's a system which must be destroyed.
Fine, you're free to disagree with me about that. But enough people agree with me on this that I don't feel the slightest urge to play along when you insist that only your view of this is legitimate.
Morrocan Oil for Hair
Hi Sandy,The post is written in very a good manner and it entails many useful information for me. I am happy to find your distinguished way of writing the post. Now you make it easy for me to understand and implement the concept. Thank you for the post
Mendota Heights Personal Trainer
Hello there Sandy,Happy to see your blog as it is just what I’ve looking for and excited to read all the posts. I am looking forward to another great article from you.
How to get rid of allergies
Very interesting post! I enjoyed reading your post. I will become your subscriber and visit your web site more often. Visit my web thank you so much.
I don't think your view of the economics is illegitimate, it's just wrong. It's the Republican tactics which I consider illegitimate and your defense thereof feeble.
Sandy:
The Contract Clause as a limit on government's power to rewrite the terms of employment contracts was written out of the Constitution by the progressive courts many moons ago. Are you now proposing an "Inconvenient Contract Clause" resurrection?
The Contracts Clause is hardly a dead letter. Efforts by states and municipalities to furlough employees for budgetary reasons are routinely enjoined by the federal courts. There is no reason to think the courts would countenance far more drastic revisions to those same employment contracts.
On a separate note, Elizabeth Warren is not a "woman politician" unless Scott Brown is a "man politician." Unless you are a scriptwriter for "Mad Men," you should eschew that archaic locution.
Steve:
Are those injunctions based upon the myriad of due process rights public employees enjoy or a likelihood of prevailing on a Contract Clause claim?
This site is excellent and so is how the subject matter was explained. I also like some of the comments .Waiting for next post. Next Day Flyers Coupon Codes
Amazon Promo Codes American Eagle Promo Code AutoZone Coupons Barnes & Noble Coupon Code Barneys Warehouse Coupons bebe Coupon Codes Bed Bath and Beyond Coupon Best Buy Coupons Bluefly Coupon Codes Groupon Promo Codes Haggar Coupons JcPenney Coupons Kohls Coupons Light In The Box Coupons Macy's Coupon Overstock Promo Codes Sears Coupons SmartBargains Coupons Target Promo Codes Walmart Coupon Codes Woot Coupon Codes Sams Club Coupons
When hungry, eat your rice; when tired, close your eyes. Fools may laugh at me, but wise men will know what I mean.
Post a Comment
Agen Judi Online Terpercaya
|
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 |