jpipk Wrote:
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> Why do conservatives understand liberals so much
> better than vice versa? Dionne hasn't a clue about
> how conservatives think, nor does he even try to
> analyze them other than through his very liberal
> and biased prism.
> His column is not worth reading except for
> conservatives to be reminded what we're up
> against: hypocrisy, distortion, cultural
> ignorance, valueless screed. No, Mr. Dionne, I
> HAVE NEVER NEEDED A NEIGHBORHOOD ADVOCATE!
> Liberals say that Palin is not ready to be
> President (who is -- Obama?), so that disqualifies
> McCain.
> Conservatives say, well,with Palin we can vote for
> McCain, because the future is back in our hands,
> and McCain's mischief is far more tolerable than
> Obama's.
> Besides, he will appoint good judges.
> And if the liberals block them, well, they are
> replacements for liberals (hopefully). He court
> can work with 7 or 8 justices.
i want to address the "he will appoint good judges" aspect of this email, because the issue is not clearly understood by the people, who have been listening to long to he distortions of both republican and democratic vested interests about the subject. i am a lieberman democrat if i can be described at all and am taking the mccain (who i'm voting for) republican party up on its outreach program to listen. i'm also a lawyer, at at least one client in my 32 years has told me i am half-way decent at it, so i don't speak from complete ignorance.
so, let's discuss "strict construction" of the constitution.
it is true that many liberal judges "legislate from the bench." it is also true that the very best example of this is roe v. wade. the reason roe v. wade is judicial legislatio.n is obvious on the face of the decision--it divides on a sliding scale the right to an abortion into three temporal periods or "trimesters" of pregnancy. no court in the land has ever been empowered and none is now, to tell people that their rights are contingent on the passage of time. that is a legislative function and only a legislature can tell a citizen she is allowed to do something in the morning, afternoon, and night in varying degrees. it may be that the constitution, not having prohibited abortion, permits it as a right (to be left alone by government) reserved to the people. perhaps the best answer is that the legislatures of the various states in our federalist system can make the decision for each state and maybe congress has the right to pass a national law in favor or against abortion. but roe v. wade is a dishonest ideological dead end. it's time liberals admitted it if they really are liberals.
second, what most republicans--the party of lincoln, after all--don't understand very well is that they sort of forced the liberals into some of these ridiculous positions. in the 1954 school desegregation case, the court turned topsey-turvey to justify desegregating the schools, using social studies, and this or that other mental gyration as to why "separate but equal" was not right. the 1964 civil rights law was justified on the basis of the "commerce clause" of the constitution related to trade between and among the states. how absurd when talking about civil rights. but this all occurred because the CONSERVATIVE courts before these cases REFUSED to interpret the constitution plainly and strictly. basically, the conservative courts pretended that the civil war never happened, or that the north (led by lincoln, the republican's champion) actually lost, or that the constitution was not amended in the aftermath of that war. if the supreme court of the united states, for almost 100 years after the civil war had just read the post-civil war amendments straight out, they would have banned discrimination without the need for any other law, enforced african-americans' right to vote, and ruled that one sub-group of a state's population could not be forced to go to one school while others got to go to another school. all those courts refused to do their duties and that's why the liberals engaged in pay-back when they got the chance beginning in the 1960s. that was not right, but it was definitely in reaction to conservatives having cheated on the "strict interpretation" issue ever since the civil war.
and don't think that conservatives don't still know how to legislate from the bench with the best of them. for example, a lot of bush appointees are not pro-union and are still not the best friends of civil rights. so, when a civil rights or employment case plaintiff wins a big judgment and appeals, most often the circuit courts "remit" the case back to the trial court saying, "ok, you won, but the judgment was too big. in cases of this type most awards are $50,000 and you got $500,000, so we're cutting you to $50,000 based upon precedent." but the "precedent" argument is a lie. there is no "precedent" when it comes to damages, because damages have always been determined by a jury on a case by case basis unless a statute sets the damages. so, you can't use joe's old case to prove how much tom was injured in a new case. but in this way, supposedly "strict constructionist" republican appointees legislate against cases the basis of which they don't like just as assuredly as did roe v. wade or the others i've mentioned.
what all of this leads to is that we must remember that judges are all members of one-third of the GOVERNMENT. judges do not, except in part by function, stand "above" the rest of us or the rest of government in angel wings, waiting to apply the law (although i am the biggest advocate that they should try). rather, there is very little difference between a judge and a chicago alderman. this was proved in bush v. gore. five republicans voted for bush and four democrats for gore. if by chance there had been four republicans and five democrats, al gore would have been declared the winner. for, judges, like all other government officials, have their own agendas and political leanings. many try to carry these out honestly, but you can't trust them to do so unless by experience you know the judge is honest--any more than you can trust a legislator or a president until his or her trust is earned.
another example of this is the gun control case. it is clear, and always has been, that the second amendment protects individuals from the federal government making any laws about guns for private protection. liberals, wanting the good result of less killing, ignored the constitution's clear language to get this result, just like the conservative post-civil war courts ignored all the words in the constitution protecting african-americans as i've already addressed. but the recent decision also ignored words. as is commonly known, the second amendment talks about the militia. the supreme court majority said these words were basically a meaningless preface meant to put the rest of the amendment in context. but the only real preface in the constitution is the preamble to the whole constitution, not part of the actual law part such as the amendments. the court then ruled "no restrictions period." that was just as much a lie as roe v. wade, too. when read straight out, the amendment says that its purpose is to protect the militia system so that if mr. hitler takes over washington, the people can be protected. but the way they are to be protected is that the state militias will overthrow mr. hitler for grabbing too much power. those militias were run by the states' governors of course, and so each state can make all the gun control laws it wants. YOUR GOVERNOR can say, "report for duty for 4 weeks for the militia every summer at $10 per week and the type of gun you keep in your home for when you are called is the following one . . ." of course, if you are attacked by a burgler in your home, you can turn that gun on him. but it's only the federal government, not the states, that can't make gun control laws because the purpose of the second amendment was for the states to protect the people from washington.
and of course, there are the smaller, non-constitutional dishonesties of judges in interpretation--the political crooks and just plain crooks who make your stomach ache by just making up interpretations because the can and because their agenda tells them to do so.
the lesson you need to learn is that your natural distrust of government, which is as american as apple pie, is actually not a partisan protection. the republicans have sold it as such, and the democrats have fallen into the trap of defending on the basis of the republican argument, which is a false argument.
the real problem is that ALL of us people need to watch ALL of the judges to make sure that they do enforce the constitution and laws as written. but that means conservatives have to swallow and accept liberal interpretations of our in many ways very liberal constitution and liberals have to accept the conservative parts.
i'm here to tell you that neither side plays fair.
so, insist on strict constructionists, but you have to be willing to accept the parts you don't like.
keevan d. morgan, chicago