Missed the debates
We were at a high school football game which started out close and then wasn't. During the home team's Homecoming ceremony, one of the dad's escorted his daughter wearing a shiny burgundy suit with a matching velvet hat. Coolest dad ever.
So, I just read the transcript of the debates, and it looks like Kerry walked away with it to me, but you have to understand that I find everything that George W. Bush says fairly idiotic and mendacious, so it's really hard for me to be objective. I'm actually glad to have read it and not had to listen to him stammering, though the news reports say he did a better job and are calling it a draw. I guess Kerry didn't "put him away." On paper, it looks like he did. That stuff about Bush's tax returns was gold, and Bush has no way of defending his environmental record 'cause he doesn't have one. But are those things people care about? I don't know.
It's scary to think that Bush's tired "he's a liberal" argument actually means something to anyone, but I know it does. But who's the real "liberal"? Bush's spending has been out of control, and he has the gall to accuse Kerry of being a "liberal," i.e. a "spender." I think it was Bill Maher who said recently, I'd rather have a tax-and-spender instead of a don't-tax-and-spender. It's true. Bush is basically using lingual heuristics here, knowing that the word "liberal" triggers some kind of Pavlovian snarling in conservatives, regardless of the fact that Bush has all but killed fiscal conservatism during his term. It's a lot easier than having to actually talk about his opponent's record and positions--that would be "hard work." Unbelievable.
And this part of the debate is hilarious:
Question 16: President Bush, who would be your next choice for the Supreme Court?
GIBSON: Mr. President, the next question is for you, and it comes from Jonathan Michaelson, over here.
QUESTIONER: Mr. President, if there were a vacancy in the Supreme Court and you had the opportunity to fill that position today, who would you choose and why?
BUSH: I'm not telling.
(LAUGHTER)
I really don't have -- haven't picked anybody yet. Plus, I want them all voting for me.
(LAUGHTER)
HAHAHA...this almost sounds like a Bush v. Gore joke.
I would pick somebody who would not allow their personal opinion to get in the way of the law. I would pick somebody who would strictly interpret the Constitution of the United States.
Let me give you a couple of examples, I guess, of the kind of person I wouldn't pick.
I wouldn't pick a judge who said that the Pledge of Allegiance couldn't be said in a school because it had the words "under God" in it. I think that's an example of a judge allowing personal opinion to enter into the decision-making process as opposed to a strict interpretation of the Constitution.
Um, so being a constructionist isn't having a "personal opinion" about the law? I hate this whole "opinion" argument. Don't the justices write "opinions?" Isn't the whole rationale behind the Supreme Court post-Marbury (hell, forever) that Justices will have different opinions, so we need more than just one of them to get a majority opinion? Hell, I'm not explaining this well, but this whole exchange seemed really 12th grade Civics class. Don't opinions count for something? There can be right and wrong opinions, you know. I don't know, W. just makes-a me so mad...moving on.
Another example would be the Dred Scott case, which is where judges, years ago, said that the Constitution allowed slavery because of personal property rights.
That's a personal opinion. That's not what the Constitution says. The Constitution of the United States says we're all -- you know, it doesn't say that. It doesn't speak to the equality of America.
And so, I would pick people that would be strict constructionists. We've got plenty of lawmakers in Washington, D.C. Legislators make law; judges interpret the Constitution.
And I suspect one of us will have a pick at the end of next year -- the next four years. And that's the kind of judge I'm going to put on there. No litmus test except for how they interpret the Constitution.
Thank you.
What in the hell is he talking about? Sure, the Dred Scott decision was based on the judges' personal opinions...
about the nature of property rights and if human beings should be considered private property. The way he says opinion makes it sound like it's anathema to all judicial decision-making. Listen, the Dred Scott decision is a ridiculous relic of its time and an abhorrent blight on our judicial system. And of course it was based on personal opinion! Those justices probably didn't like black people too much...but there were still legal reasons for them coming to their decision, as insanely awful as it was. Scalia's whole "constructionist" thing is ultimately his personal opinion. I'm not really sure that Bush understands how the court works at all. It is made up of fallable, opinionated people, who sometimes make boneheaded, mean-spirited, weak-willed moves (like Bush v. Gore!).
And the Constitution doesn't speak for equality? Was he foaming at the mouth when he said this? Of course, it used to talk about slaves and stuff, and at the time of the Dred Scott decision, slaves didn't have much in the way of constitutional rights, but what about the 13th, 14th, and 15th amendments, Mr. President? What about the 14th amendment, specifically? Was he misspeaking here? Am I missing something? Let's take a look at Section 1 of the 14th Amendment...
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Hmm...all persons...blah blah blah...no state shall make or enforce any law...blah blah blah...oh, here it is! "...nor shall any State deprive
any person of life, liberty, or property, without due process of law; nor deny to any person withing it jurisdiction the
equal protection of the laws." Emphasis mine, of course (as if you couldn't tell...I hate that the blogging world is so ticky that I feel obligated to note this). I believe that's called "the equal protection clause" (law folks, help me out here), and I believe that a root of the word
equality is
equal. And it appears that the US Constitution clearly talks about equality. It may not mention that "all men are created equal" like the President started to say--that would be from the Declaration of Independence, penned by Mr. Thomas Jefferson, who was not at the Constitutional Convention, and most certainly was not alive for the 14th amendment's ratification--but I think that the 14th amendment is even stronger than that.
What does this all mean besides the fact that after rambling forever I haven't made a single cogent point? Well, let's just say our president is weird. And he uses the ol' "constructionist" trope as a mask for appointing more conservative judges...he makes it sound like he wants some sort of non-thinking judicial robot, spitting out bland decisions not influenced by "personal opinion," but that's not the case. He wants opinionated judges like anyone else. This personal opinion nonsense breaks if you think about it. He wants judges whose opinions match his. That's what he means. Constructionists? Ha! I think Scalia proved that's a load of hype years ago.
Okay, I'll stop now.