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AMERICAN CONSERVATISM IN 2008 AND BEYOND

 
 
Debra Law
 
  1  
Reply Tue 11 Nov, 2008 01:12 pm
@Foxfyre,
Foxfyre wrote:

The California Supreme Court is obviously quite liberally populated with liberals who of course will take the liberal point of view. Incidentally, the conservative view is that it is not the prerogative of the court to decide what the law should be, but rather the court should limit itself to interpreting what the law is. Otherwise, the courts become the supreme law of the land with no checks or balances of any kind on them. And that, in the conservative view, is a very dangerous thing.


Obviously?

In the four minutes between the time that I posted and the time that you responded, you made no effort whatsoever to read, study, and understand the legal basis for the Court's decision.

You can't even pretend to have previously read or studied this case or any other case involving the equal protection clause because your posts amply demonstrate that you do not comprehend the core tenants of a constitutional republic. You have not demonstrated any knowledge whatsoever concerning basic constitutional jurisprudence. You pay no attention to the applicable test that courts use to determine whether a law passes constitutional muster. Yet, you repeatedly post about constitutional requirements and the equal protection clause as if you knew what you were talking about when you "obviously" don't.

The only thing that you have established is that you will declare that a court decision is "obviously" the result of "judicial activism" by "liberal judges" based solely on your disagreement with the outcome. But the fact remains that you can't even point to any particular passage in the court decision itself where you can establish that the applicable test was applied incorrectly. Until such time as you use your alleged knowledge of constitutional law to show us where the Court "got it wrong," you should "obviously" refrain from presenting yourself as an authority on the Constitution.



ican711nm
 
  1  
Reply Tue 11 Nov, 2008 04:41 pm
@Thomas,
Thomas wrote:
What is in dispute is your claim that America's lower middle class did better under Reagan than it did under Carter.

American lmc (i.e.,lower middle class) household incomes rose X dollars under Carter.
American lmc household incomes rose Y dollars under Reagan.
Consequently American lmc household incomes rose X + Y dollars under Carter and Reagan.
Thus, American lmc household incomes were Y dollars higher at the end of Reagan's 2nd term than they were at the end of Carter's single term.

This is true regardless of whether X is greater than, equal to, or less than Y.
Foxfyre
 
  1  
Reply Tue 11 Nov, 2008 04:56 pm
@Debra Law,
I would hold the very same opinion about judicial activism had the people voted by referendum to allow gay marriage within the existing law and the court chose to overrule that because they didn't like the outcome. (And I bet you would be hollering to high heaven over the viscious, homophobic, mean spirited, right wing wacko court too and I bet you wouldn't give a damn what they wrote as opinion for why they did so.)

I don't have to read the opinion to decipher whether the court did or did not overturn the will of the people. Why they did so might be fodder for another discussion, but it is irrelevent to the fact that they did it. A conservative court would not have done so.
ican711nm
 
  1  
Reply Tue 11 Nov, 2008 05:24 pm
The USA Constitution does not delegate to the federal government the power to regulate marriage. None of the 27 Amendments to the USA Constitution delegate to the federal government the power to regulate marriage.

So the federal government is obliged to obey the 1st, 9th and 10th Amendments.
Quote:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Consequently, if a voting majority of the people in a state approve a legally presented proposition limiting marrige to one man and one women, and/or to two men, and/or to two women, the will of that voting majority is legal and shall prevail.

As I understand it, a majority of voters in more than one state have voted for petitions limiting marriage in their states to one man and one women. The federal government, in particular the federal courts, have zero legal constitutional power to overturn these propositions.
0 Replies
 
Foxfyre
 
  1  
Reply Tue 11 Nov, 2008 05:27 pm
@Thomas,
Thomas wrote:

Foxfyre wrote:
The alternative is that your view is simply soextremely far to the right that everything thing seems extremely left. Ever stop to ask yourself if perhaps you are just out of touch?

Interesting observation, Deist. Reminds me of an ancient German joke where a driver hears a radio announcement: "There's a vehicle driving in the wrong direction on interstate 55." Says the driver: "One? Hundreds!"



I would like for you to acknowledge that you are attributing words to me that I did not say here.

And after referring to my definition of conservatism as wishy washy, you still have not explained how it is so.
0 Replies
 
Foxfyre
 
  1  
Reply Tue 11 Nov, 2008 05:45 pm
@Thomas,
Thomas wrote:

Foxfyre wrote:
When you factor in high fuel costs coupled with massive shortage and long lines at the pump during the Carter administration--this was not the case under Reagan--

When you factor in double digit inflation, double digit unemployment in some states and unacceptably high average unemployment, double digit interest rates exceeding 20%, staglation during the Carter administration--this was not the case under Reagan--

As Parados said: The "real" in "real income" means that the figures are adjusted for changes in price levels. Your "when you factor in ..." cop-outs don't work, because the stuff is already factored into the calculation of real income.


I was in the lower middle class during both eras, Thomas, and I was intentionally working with disadvantaged people in both eras, so I am speaking from some experience as well as what I believe the facts to be. You accepted Parados's numbers without question. Here are some additional factors to include:

Quote:
There Krugman Goes Again

In his Monday column, New York Times writer Paul Krugman claims to (borrowing the headline) “Debunk… the Reagan Myth,” arguing that Ronald Reagan’s economic policies “did fail.” (The column does not mention that Krugman worked for Reagan’s Council of Economic Advisers in 1982"1983.)

In fact, Krugman devotes precious little space to examining (or debunking) Reagan’s economic policies or their performance. The column is mostly a lament that Americans view Reagan positively and that Democrats have not challenged (and may even share) that opinion.

Krugman’s criticisms comprise just seven of the column’s 37 sentences (and three of the seven are throwaway lines). Here they are verbatim:

For it did fail. The Reagan economy was a one-hit wonder. Yes, there was a boom in the mid-1980s, as the economy recovered from a severe recession. But while the rich got much richer, there was little sustained economic improvement for most Americans. By the late 1980s, middle-class incomes were barely higher than they had been a decade before " and the poverty rate had actually risen.



[T]here wasn’t any resurgence [in productivity growth] in the Reagan years.



Like productivity, American business prestige didn’t stage a comeback until the mid-1990s….

In short, Krugman makes four criticisms: Reagan’s policies resulted in (1) stagnant middle-class incomes, (2) an increase in the poverty rate, (3) stagnancy in productivity growth, and (4) stagnancy in “American business prestige.”

Are those claims true and do they show that Reagan’s economic policies “did fail”? Let’s look at the data. (Hyperlinks connect to the relevant federal data sets.)

MIDDLE-CLASS INCOME To determine the course of middle-class income over Reagan’s presidency, let’s examine the U.S Census Bureau’s Current Population Reports on median real income over time. That is, let’s look at inflation-adjusted family income and household income for families/households that are in the exact middle of all U.S. families/households.

From 1981 to 1988 (which roughly corresponds with Reagan’s tenure), median real family income grew 11.1 percent while real household income grew 10.3 percent. Those growth rates are in the top third of the 30 eight-year periods from 1968"1975 to 1998"2005.

To be fair, Krugman did not speak of middle-class income over Reagan’s tenure, but instead compared middle-class incomes of “the late 1980s” with the decade before. So we look at the data again and find that, in 1986, despite two recessions (1980, 1982) in the intervening years, median family income was 10.7 percent higher than a decade ago and median household income was 10.3 percent higher. The following year, median family income was 11.8 and 11.0 percent higher than a decade before. (The gains were smaller in 1988.)

In contrast, income growth during Bill Clinton’s administration only eclipsed Reagan’s 1986 and 1987 numbers once: at the height of the tech bubble in 2000, family income was 12.3 percent higher than a decade previous (however, household income was lower than Reagan’s 11.0 percent). Further, the George W. Bush administration eclipsed those numbers in three straight years " in 2001, 2002 and 2003, both family and median income gains over the preceding decade were higher than the best Reagan or Clinton numbers. Curiously, Krugman does not credit G.W. Bush with being more successful, economically, than either Reagan or Clinton.

POVERTY Krugman is correct that the poverty rate was higher at the end of Reagan’s term than it was “a decade before” in 1978. However, the poverty data show much more that Krugman doesn’t discuss.

In 1978, 9.1 percent of families and 11.4 percent of individuals in the United States were living below the poverty line. The year marked the penultimate in a previously unprecedented span of years (beginning in 1972) where the poverty rate for families fell below 10 percent. However, both rates began climbing in 1979, preceding the onset of the twin recessions of 1980 and 1982. Poverty topped out at 12.3 percent for families and 15.2 percent for individuals in 1983.

From there, though, poverty under Reagan moved downward steadily, reaching 10.4 percent for families and 13.0 percent for individuals in 1988. Both rates fell further in the first year of the George H.W. Bush administration. However, neither rate would be that low again until 1997, the year after welfare reform passed Congress. The poverty rate for families would not duck below 10 percent again until the last two years of the Clinton administration and the first three years of the George W. Bush administration.

PRESTIGE On this point, I cannot challenge Krugman. He gives no evidence to support this claim, and I know of no data sets that measure “prestige.”

PRODUCTIVITY GROWTH Krugman is correct that the data show productivity growth under Reagan was around 1.4 percent a year, not much higher than the previous period 1973"1979 (1.2 percent) and a little less than the subsequent period 1990"1995 (1.5 percent). Those numbers are all considerably lower than the 2.8 average annual increase for 1947"1973 and the 2.5 percent for 1996-2000.

Krugman does not mention the productivity rate for 2000"2006; at 2.7 percent, productivity growth is even higher under the George W. Bush administration than it was in the best of the Clinton years. Again, curiously, Krugman does not credit G.W. Bush with being even more successful economically than Reagan or Clinton.

This raises a question: If the average productivity growth rate increased over the last five years of the Clinton administration, and that growth continued (at a slightly higher rate) through the first five years of the G.W. Bush administration, then does policy (or politics) have much to do with productivity? The recent spurt in U.S. productivity seems the product of cheap computers and Americans’ special talent for using them, not the machinations of Washington, D.C. More broadly, significant increases in productivity growth have much more to do with stochastic innovation than White House actions (except, perhaps, Al Gore’s creating the Internet).

KRUGMAN CONSIDERED This leads to a broader question: How much credit can any president take for economic growth that occurs during his presidency?

To be sure, Reagan deserves some credit for improving on the economic trends of the 1970s, but credit should also go to Gerry Ford and Jimmy Carter for taking the first steps toward deregulation, and to Paul Volcker and the Fed for tamping down inflation. Likewise, the economic success of Clinton and George W. Bush owe some debt to Reagan (and, in W’s case, to Clinton) and much to Alan Greenspan (not to mention Silicon Valley). If the United States successfully combats the current economic slowdown, the credit should go to Ben Bernanke and his Fed colleagues, not to any stimulus package cobbled together by the White House or Capitol Hill.

Economic policies are intended to have long-term effects (though those policies can have some immediate effects). But economic conditions are only partly the product of economic policies " they are products of many different decisions by many different economic actors, most of whom are not elected. Politicians receive far too much credit and blame for current economic conditions.

Krugman’s claims about the Reagan record are misleading and, in the case of middle-class income, outright false. But more significantly, the concept underlying Krugman’s column is facile.
http://www.cato-at-liberty.org/2008/01/24/there-krugman-goes-again/
Foxfyre
 
  1  
Reply Tue 11 Nov, 2008 06:00 pm
@parados,
parados wrote:

Quote:
So long as nobody's unalienable, civil, legal, or Constitutional rights are infringed or jeopardized, Conservatism pretty much takes a live and let live attitude about most things.

That is an interesting argument Fox. Then you turn around and claim there is no infringement in requiring people be married before they adopt.

Quote:
Equal protection is there because the rules and regulations apply equally and without prejudice to all persons without regard to race, religion, ethnicity, country of origin, social standing, financial standing, or sexual orientation.

The only problem would be if the law required persons to be straight before they could marry. But it doesn't. It doesn't care whether people are straight or gay. Everybody is identically subject to the same rules and regs without prejudice.
So, you are arguing that as long as homosexuals enter into a sham marriage they should be allowed to adopt? But that isn't what the Arkansas law says.

So, in other words, marriage for you does not have anything to do with love or caring for the other person. You feel marriage is nothing more than a legal contract that makes certain governmental benefits available to you. Wow. What utter nonsense from you.

Let's look at your argument.
1. You argue that marriage is the most beneficial to children. (There is no real evidence to back this up. Studies have shown that children of gay parents do just fine.)
2. You claim marriage is available to all as long as they are willing to marry someone they are not attracted to.
3. You claim this ability to marry someone you don't want makes it equal.
4. That means you think marriage is NOT about love but is only utilitarian in its nature.

Please defend your position on marriage since you think love should have nothing to do with it.


I have never said that people must be married before they adopt. Quite the contrary. I have argued that qualified/suitable married people should be given preference in the adoption process as I believe there is plenty of evidence supporting positive advantages to children who are lucky enough to have a loving mom and dad in the home. I believe there is far more evidence for that than there is for any other point of view. That does not disqualify anybody else nor suggest that others cannot also be good parents. All children won't be lucky enough to grow up in a loving traditional family, but whenever there is that option, it should be the preferred choice.

The conservative point of view is that the best interest of the child should take precedence over ANY other consideration.

And yes, I have said that marriage is available to all without prejudice. You can make all manner of other arguments outside what the law is, but it won't change the fact that every man and woman is treated exactly the same under existing marriage laws in every state that defines marriage as a contractual relationship involving one man and one woman.

Everybody who is in love is not able to marry for any number of reasons, but no state laws deal with or even mention love as a criteria for marriage. And you are exactly correct that the law behind marriage is not about love in any sense but is strictly utilitarian in nature. But it is an institution that has stood the test of time as being beneficial to society, and our society currently favors retaining it.
parados
 
  2  
Reply Tue 11 Nov, 2008 06:37 pm
@Foxfyre,
Interesting Fox since you have said that you are fine with something similar to marriage for gays, just not marriage.

Since the law specifically only gives married people those benefits and since you think the law sees marriage as something simply utilitarian, what is your argument against gays marrying? Marriage appears to have no meaning for you other than a contract recognized by government. So what is your objection to allowing gays to marry? It would give them the benefits that you say you are fine with.

You are discriminating against gays by preferring married people be allowed to adopt but then denying gays the ability to marry. I don't know why you don't see that.

Since the best interest of the child should take preference, does that mean you oppose the ban on adoption by gays pushed for and passed by conservatives in Arkansas?
Foxfyre
 
  1  
Reply Tue 11 Nov, 2008 06:49 pm
@parados,
parados wrote:

Interesting Fox since you have said that you are fine with something similar to marriage for gays, just not marriage.

Since the law specifically only gives married people those benefits and since you think the law sees marriage as something simply utilitarian, what is your argument against gays marrying? Marriage appears to have no meaning for you other than a contract recognized by government. So what is your objection to allowing gays to marry? It would give them the benefits that you say you are fine with.

You are discriminating against gays by preferring married people be allowed to adopt but then denying gays the ability to marry. I don't know why you don't see that.

Since the best interest of the child should take preference, does that mean you oppose the ban on adoption by gays pushed for and passed by conservatives in Arkansas?


No Parados. I am not fine with something similar to marriage for gays. With very few exceptions, I am not fine with special rights or privileges for anybody. I am fine with ANY AND ALL, straight, gay, or anything in between, who for whatever reason do not wish to or cannot marry to be able to form themselves into legally recognized family groups where shared inheritance, shared insurance, hospital visitation, etc. is more easily accomplished and is more automatic than it is now.

And yes, I oppose a ban on gays being able to adopt children. Especially in the case of blood relatives or when a child has bonded with a gay mom or dad, adoption by a single parent or couple of any sex or sexual orientation can often be in the best interest of the child. Certainly a loving parent and permanent home is preferable to moving from foster home to foster home or being homeless. My only criteria for adoption is that the parent be capable of providing a loving, suitable, and stable home for the child and, all other factors being equal, that married couples be given preference for adoptions as that is the best possible circumstance for the child. You call that discrimination. I call it caring about children more than political correctness and I think that is in the best conservative tradition.
parados
 
  2  
Reply Tue 11 Nov, 2008 08:21 pm
@Foxfyre,
So, how do you feel about the conservatives that passed the gay adoption ban?
Thomas
 
  1  
Reply Tue 11 Nov, 2008 09:00 pm
@Foxfyre,
Foxfyre wrote:
You accepted Parados's numbers without question.

They aren't Parados's numbers, they're census data. So yes -- by default, I do trust the US Census Bureau and mistrust think tank advocacy pieces. Even if the think tank is libertarian.
Debra Law
 
  1  
Reply Tue 11 Nov, 2008 10:10 pm
@Foxfyre,
Foxfyre wrote:

I would hold the very same opinion about judicial activism had the people voted by referendum to allow gay marriage within the existing law and the court chose to overrule that because they didn't like the outcome. (And I bet you would be hollering to high heaven over the viscious, homophobic, mean spirited, right wing wacko court too and I bet you wouldn't give a damn what they wrote as opinion for why they did so.)

I don't have to read the opinion to decipher whether the court did or did not overturn the will of the people. Why they did so might be fodder for another discussion, but it is irrelevent to the fact that they did it. A conservative court would not have done so.


What is your definition of a "conservative court," Foxfyre? Would a conservative court be one which consists of serious, competent, and Constitutional rights-minded justices?

Here's what you said three years ago on another thread:

Foxfyre wrote:
One of the reasons we need the most serious, competent, and Constitutional rights-minded justices on the Supreme Court is graphically illustrated in the Kelo vs New London case that allows the government to forcibly transfer private property to other private entities 'for the public good'.

http://able2know.org/topic/60813-1

Justice Scalia dissented in Kelo v. City of New London, 545 U.S. 469 (2005). Justice Scalia also wrote the majority opinion in DISTRICT OF COLUMBIA V. HELLER holding that the Second Amendment protects an individual right to possess a firearm.
http://supreme.justia.com/us/554/07-290/

Would you describe Justice Scalia as a serious, competent, and Constitutional rights-minded justice? Would you describe him as a liberal justice or conservative justice?

Two years ago, Justice Scalia spoke at the Thomas Jefferson School of Law. Here's what he said to the law students:

Quote:
First on Justice Scalia’s required reading list is the U.S. Constitution. “Get your constitutions and read the doggone thing, don’t just read the Supreme Court cases,” he admonished the students. “You’re interpreting a constitution. You should always go first to the provision you’re interpreting.”

His announced lecture topic was a basic talk on separation of powers, and his first question to the students was constitutional -- “Where does the principle of separation of powers appear in the U.S. Constitution?” he asked.

That’s when Scalia told the students to read their constitution. “Like so much of our constitution, it is there with economy of language. Lean & mean,” he said, as he outlined the powers of the legislative branch, the executive branch and the judicial branch as spelled out in Articles I, II and III.

Scalia says the constitution’s framers were trying to create not just separation of powers, but “equilibration” of powers between branches to that no branch can overwhelm the other two, which led to the bi-cameral legislature we have -- the House of Representatives and the Senate.

“How many of you have read the Federalist Papers?” Scalia asked. Relatively few hands went up. “You should be ashamed of yourselves,” Scalia lightly scolded the audience. “It should be required reading. Buy a copy.

“If you read the Federalist Papers you can understand how brilliant our framers were. If you want to understand the constitution; if you want to understand why they did what they did; and why we shouldn’t have another constitutional convention today, you gotta read the Federalist Papers.


"If you remember nothing else from today’s lecture. It costs a couple of bucks. It comes in paperback.”

To Scalia, the most important way to look at the constitution and its definition of judicial power is to know what its framers intended. “Look at what it means now by looking at what it meant then,” he said. “Otherwise, you have no standard.”

He calls himself an “originalist,” because he believes his task as a jurist is to determine the intent of the constitution’s framers. “That’s what they meant by Judicial Power,” he explained. “Otherwise there would be a radical departure from the constitution.”

He also feels strongly that the courts must be reactive, not proactive and must not “ride herd” on the other branches of government.

“The legislative branch still passes laws that we find unconstitutional but it doesn’t seem to matter to them,” Scalia said, drawing one of the many laughs he earned during his lecture.

When it comes to the role of the judicial branch, Scalia feels it was not originally meant “to decide the meaning of the constitution " we do that by accident. The court has to interpret the constitution.” That of course, is the principle of judicial review.

The last item on Scalia’s list of required reading is Democracy in America, by Alexis de Tocqueville, in which the author observed that the U.S. “judges have enormous power to nullify legislation.”

The heart of Scalia’s lecture was about the Doctrine of Standing: “The Doctrine of Standing is central to the separation of powers. It’s one of those restrictions upon judicial action that prevents judicial incursion into principally the executive (branch).”

“The Constitution does not permit allowing just any citizen to sue because the judicial power is the power to decide on a controversy raised by someone who has been harmed," he added. "That’s the function of the courts. To prevent harm to individuals. That’s what the Doctrine of Standing is all about.”

“Some issues will never come to court because there is no one to raise the issue,” he said. “Resign yourself that there are some governmental actions that are unconstitutional that are not the business of the courts. There must be individual harm, not a generalized grievance.”

http://www.tjsl.edu/node/482

Do you agree with Justice Scalia's comments to the law students? Have you read the Federalist Papers?

Pay attention to what our Founders wrote in the Federalist No. 51:

The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments

Quote:
It may be a reflection on human nature, that such devices should be necessary to control the abuses of government. But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself….

It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure….

In a free government the security for civil rights must be the same as that for religious rights….

Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. In a society under the forms of which the stronger faction can readily unite and oppress the weaker, anarchy may as truly be said to reign as in a state of nature, where the weaker individual is not secured against the violence of the stronger; and as, in the latter state, even the stronger individuals are prompted, by the uncertainty of their condition, to submit to a government which may protect the weak as well as themselves; so, in the former state, will the more powerful factions or parties be gradually induced, by a like motive, to wish for a government which will protect all parties, the weaker as well as the more powerful….”


Based on the foregoing, do you think our founders intended that a majority of the people could vote to oppress a minority? Don't you think our founders intended our courts to serve as a check against majoritarian oppression? What does all of the above tell you about courts that overturn the "will of the people" when those people vote to deny an entire class of people rights that they themselves enjoy?

Foxfyre
 
  1  
Reply Tue 11 Nov, 2008 10:10 pm
@parados,
parados wrote:

So, how do you feel about the conservatives that passed the gay adoption ban?


I don't know whether they considered themselves conservatives or not. Do you? I've never met the people. Have you? So what should I think about them? They certainly disagree with me. I think they are wrong. But I don't judge people just because they don't agree with me or get something wrong as I see it. Do you?
Foxfyre
 
  1  
Reply Tue 11 Nov, 2008 11:01 pm
@Debra Law,
Debra, I can see how somebody like you would misinterpret my statement re Kelo that you linked, but I adamently opposed the court's decision on Kelo on other threads and that was my intent on the one you cited. My definition of a serious, competent, and Constitutional rights-minded court is one that understands and respects the intent of those who wrote and ratified the Constitution and who does not attempt to undo that or write its own law based on emotionalism, prejudice, and/or ideological convictions.
Foxfyre
 
  1  
Reply Tue 11 Nov, 2008 11:24 pm
@Thomas,
Thomas wrote:

Foxfyre wrote:
You accepted Parados's numbers without question.

They aren't Parados's numbers, they're census data. So yes -- by default, I do trust the US Census Bureau and mistrust think tank advocacy pieces. Even if the think tank is libertarian.


Yes, I looked at the same numbers along with all the links to explanations and footnotes, and I'm not at all sure that you and Parados are interpreting those numbers correctly. I am reasonably certain that the basics of the statistics contained in this piece are pretty accurate, however:
http://article.nationalreview.com/?q=MjBhYmU0NjFhMGNkYWRkMTA4MzU3YWIxYWQxZTUyOWU=
Thomas
 
  2  
Reply Tue 11 Nov, 2008 11:31 pm
@Foxfyre,
Actually, my originalist reading of Kelo is the exact opposite of yours. I, too, passionately opposed the decision when it came out, and sided with the dissents by O'Connor and Thomas. I still hate the political implications of Kelo's outcome.

But then I dug into The Founder's Constitution, a publication by the University of Chicago press that illuminates the original understanding of the US constitution by supplying, for each of its clauses, comprehensive sets of founding-era documents. To my surprise, the founding era understanding of takings for the public good turned out to be extremely broad. Both legal theory and practical court decisions at the time completely deferred to the legislature in deciding what served the public good (That's what you want, right? Elected representatives deciding without undue court interference.) The only point on which founding-era jurists were tough was the part about just compensation (had to be in cash, had to be market value).

With gnashing teeth, I had to accept that both that in Kelo, the majority opinion and the dissent were both consistent with founding-era understanding. That Stevens' opinion, which I hated so much, was even a bit closer than the dissent to the founding era understanding documented in The Founders' Constitution. And that Thomas's dissent, which I had liked best when I read it, was only superficially originalist. (He ignored all founding-era sources contradicting the conclusions he was determined to reach.)

After this discovery, I have been using Kelo to test the consistency of my fellow originalists. Would they stick to their originalist guns even if it required accepting broad government powers to condemn property? Most of them wouldn't. I found it sobering to discover how few consequent originalists there were.
0 Replies
 
Thomas
 
  1  
Reply Tue 11 Nov, 2008 11:53 pm
@ican711nm,
Fair enough -- if that's all you're saying, you're right. But in this case you aren't saying anything interesting about the economic leadership of the president in question. Because Americans are doing better under every president under any of his predecessors, your comparison between Carter and Reagan doesn't tell us that Reagan was better for the lower middle class -- only that the Carter presidency happened earlier.
0 Replies
 
Debra Law
 
  1  
Reply Wed 12 Nov, 2008 02:33 am
@Foxfyre,
Foxfyre wrote:

Debra, I can see how somebody like you would misinterpret my statement re Kelo that you linked, but I adamently opposed the court's decision on Kelo on other threads and that was my intent on the one you cited. My definition of a serious, competent, and Constitutional rights-minded court is one that understands and respects the intent of those who wrote and ratified the Constitution and who does not attempt to undo that or write its own law based on emotionalism, prejudice, and/or ideological convictions.


That's the point, Foxfyre. The California Supreme Court did not write its own law.

The Court was faced with FAMILIES that are similarly situated. One class of families was afforded dignity and repect through the operation of state laws, and the second class of families was not. As Justice Scalia noted, the function of the courts is to prevent harm to individuals. The second class of families was being harmed by the unequal application of the law, so they sued the state and requested relief under the equal protection clause. Because they were the victims of discrimination, they had standing to sue.

Because an entire class of people (who were in committed relationships and who had formed families) was deprived of the fundamental right of marriage, our established law required the Court to apply the strict scrutiny test. The test is neither "liberal" nor "conservative." It merely serves as the basis for judicial review. That test asks the following: Does denying committed adult homosexual couples the right to marry serve a compelling state interest?

If you read Justice Scalia's comments to the law students, then you know how important the Federalist Papers are to judges who want to understand the intent of the founders who designed our constitutional republic. And if you read the excerpt from the Federalist Papers, then you know that our courts have a duty to guard one part of the society against the injustice of the other part. "If a majority be united by a common interest, the rights of the minority will be insecure." Thus, the fact that a majority of the electorate voted to deprive the minority of the right to marry does not control the outcome. It is not a compelling state interest to uphold majoritarian oppression. On the contrary, it's the duty of the state to protect individuals and minorities from majoritarian oppression.

Because the state had no legitimate interest, let alone a compelling interest, that was served by discriminating against homosexual couples, the law that deprived them of the right to marry was unconstitutional under the equal protection clause. The Court's decision was not based on "emotionalism, prejudice, and/or ideological convictions." The Court's decision was based on the law.
0 Replies
 
parados
 
  2  
Reply Wed 12 Nov, 2008 08:26 am
@Foxfyre,
Foxfyre wrote:

parados wrote:

So, how do you feel about the conservatives that passed the gay adoption ban?


I don't know whether they considered themselves conservatives or not.


That statement by you says it all. You are willfully out of touch with reality when it contradicts your point of view. There can be little doubt that people who consider themselves conservative are more likely to want to deny rights to gays. What do you think the Christian Right is if not conservative? There can be little question that they consider themselves to be conservative.

Yet, you want to pretend you don't know if they consider themselves conservatives? Fox, your arguments are baseless because you deny basic facts that are obvious when they point out problems with your argument.

So.... simple question. Does the conservative Christian movement consider themselves to be conservative?
Do you consider them to be conservative?

This is the perfect illustration of the support you are providing for your argument. You deny facts that are accepted without question by most other people. That means we have to try to find out what you actually will accept as fact and what has to be shown to you first before we can find common ground. What you will accept is constantly changing. You rarely stipulate anything and then reserve the right to yourself to retract anything you might have stipulated earlier.
0 Replies
 
parados
 
  2  
Reply Wed 12 Nov, 2008 08:29 am
@Foxfyre,
Unless you are arguing that only blacks in the US are lower middle class, I see nothing in that article that disputes the Census numbers.

The article never once mentions what the lower middle class did as a whole under Reagan vs Carter. It lists a number of items that it says were terrible under Carter but never says how it affected income.
0 Replies
 
 

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