Dear Mr. President,
In the interest of bi-partisanship, just say no. Since “no” is the Republican answer – some say modus operandi – to everything, they can hardly object. Well, they can, and you can bet they will – but no thinking person pays any attention to them anyway. Since you prefer compromise to conflict, it will be difficult for you to change. So start small by saying “no” to calls for you to apologize for some of your recent statements.
Don’t apologize for calling Las Vegas what it is – a shithole in the desert where people piss away their money drinking, gambling and whoring. You were much more subtle, but hell, this is a town that advertises itself as a den of iniquity – what happens in Vegas stays in Vegas. Vegas not only deserves its reputation, it welcomes it. Who knows? Your remark could be good for business.
In any case, you spoke the truth, Mr. President – stand by it.
And don’t apologize for calling out the Supreme Court for the controversial 5-4 decision in Citizens United v. Federal Election Commission, a dangerous decision that yet again favors corporations over people. Pundits and politicos can argue about etiquette – a side-dish that has the distinct flavor and foul odor of red herring – but that offense, if such it is, is the merest triviality compared to a wrong-headed decision that could well be the death-knell for what little remains of democracy in this republic.
The Court likes to bill itself as the last line of defense for the individual, but with this decision, it gave corporations unfettered influence over election campaigns and political causes. It was a radical extension of a perverted precedent that held corporations are persons, a notion so logically absurd it ought to be laughable. But no one who understands the awful implications of that view – or this decision – is laughing.
This decision reflects the same sort of perverted logic that argued turning the economy over to the greediest bastards on the planet would promote the commonweal. We see all too clearly where that insidious idiocy has led.
Defenders of the decision duck the moral and logical arguments, and intone stare decisis binds them to precedent. Have they no mind or heart or soul of their own? Is precedent more important than people? Are we all to be prisoners of the law?
As it was written long ago, “Man was not made for the law, but the law for Man.”
Opponents argue the decision did not follow precedent, but that charge ought to be beside the point, since the original decision was so obviously flawed. To argue that precedent matters in this case is to argue two wrongs make a right – or more precisely, that because the Court erred more than a century ago, it should continue to err on the side of corruption.
Those who try to justify such perfidy by claiming to be slaves to “original intent” are being equally foolish – or duplicitous; surely it was not the intent of the Founders to bind the hearts and minds of men trying more than two-hundred years later to find equitable solutions to problems the Founders could not have imagined.
One thing is certain; many – if not most – of the Founders would have disagreed vehemently with this decision. Because of their miserable experience with tyrannies like the East India Company, they had no love of corporations.
Again, such arguments are beside the point, for the purpose of the court is not to simply follow precedent or even the Constitution. It is to mete out justice as fairly and equitably as possible. In recognition of this primary duty, from time to time, the Court has stretched the boundaries of the Constitution to fit political and social realities.
Without the precedent-setting ruling of Brown v. Board of Education, racists would still be permitted to claim schools were “separate, but equal”, a practice so prevalent, a lie so obvious and an evil so perfidious, the court was compelled to do what legislators lacked the courage to do.
Without Roe v. Wade, desperate women would still be forced by desperate circumstances into back-alley butcher shops, where they would do what women that desperate have always done. Roe v. Wade simply made de jure what has always been de facto.
The decisions in these cases broke with precedent to provide justice and secure the rights of living, breathing human beings. But sadly, the decision in Citizens United v. Federal Election Commission trampled on the rights of living, breathing human beings by granting inordinate power to corporations to buy and sell elections and politicians like any other product. It was a decision so wrong it deserved to be challenged publicly by the one person in our government charged with representing all the people.
You spoke the truth, Mr. President – stand by it
©2010 Tom Cordle


Salon.com
Comments
R
R
I would like to point out that Jefferson called out the Supreme Court for Marbury v. Madison when the Supreme Court also made a serious power grab and he never apologized either. I pray Obama does not in any fashion apologize for the statement he made in the SOTU address.
The Opus Dei 5 are facists, just like their godfather, Benito Musollini.
I doubt that this flattery will get me anywhere
ClarkK
Thank you for the applause
Fusun
And thanks to you, too
thank you for seeing spots
janesmithie
audaciously
Yes, I've been reading and commenting on your well-written and well-reasoned posts, and thank you for them. I've been warning about this case for some time, too, because this result seemed all too likely -- the corporate capitulation of the Gang of 4 didn't surprise me in the least, but I had hopes Kennedy had better sense.
To those who argue that candidates are all the same regardless of the Party, I have one question: Do you think Gore would have nominated either Roberts or Alito?
You're absolutely correct, he started off right, but he got lost because he doesn't seem to understand who he's dealing with. Here's how it should have gone:
"You folks had 30 years to try it your way, and it failed miserably -- that's the only way a black man ever got elected in this country. You lost the right to run the show, so now you can help or you can get the hell out of the way. But if you get in the way, we're going to run over you."
Unfortunately, that's the only kind of language this iteration of R's seems to understand, and dictatorship is the only kind of leadership they seem to respect.
If only the Republicans were so agreeable
Joan
Thank you for banging a gong -- I wonder if the Republicans would be less recalcitrant if they were ganging a bong?
A thought occurred to me; I did a search on this site for people who got up in arms over Kelo v. New London, probably the worst decision of the 21st century so far, which permits government entities to take away homes (usually low-income residents in "blighted" areas) for bargain prices and give them to wealthy, connected real estate developers solely on the basis of the increased tax revenues that are produced by fancy shops, hotels and malls. (The facts in some of the cases that followed Kelo have been fairly egregious, with evidence of political contributions from the developers to the politicians.) I couldn't find a single post that criticized Kelo, nor even a single one that discussed it. Seems to me that ought to outrage a lot of people on OS, but total silence, even though cities and towns have taken that precedent and run with it. The five vote majority was composed of Stevens, Souter, Ginsberg and Breyer, the liberal bloc, with Kennedy the swing man.
As a libertarian, I just don't get it. How can people care more about an increase in political ads than a poor man's home?
You have my rating, sir.
rated.:)
Let's hope that the President has been listening to the rising tide of people who have said -- We elected you to do something. Do something. We'll support you. -- and that this marks a changing tide of confidence that he needs to move forward.
As for the Citizens United case -- I guess you don't have to steal an election if you can buy it fair and square. Now that's precedent.
I love you man, and I respect your wit and your intellect, but I'm afraid your argument here doesn't hold water -- or root beer.
Obviously, not all customers are as discerning as you -- which is why Coke and Pepsi spend millions upon millions EVERY year to convince people that one of their useless products is better than the other guy's useless product. Both companies must believe they're getting something for all that money spent on advertising.
It's sadly the case that millions are already spent on campaigns -- what was it -- 11 million Rudy Ghouliani spent for ONE delegate? And how many millions of his personal wealth did Michael Bloomberg spend to violate the lawy to gain a third term as mayor of NYC? You can't seriously expect anyone to believe these people don't expect -- and get -- something in return for that investment.
Yes, I know Steve Forbes and Mitt Romney spent fortunes, too, to no avail. But Steve Forbes is -- well, there's no nice way to put it -- Steve Forbes, and Mitt Romney is a Mormon. If Mitt were a Baptist, he might well be President right now. Even in America, there are still some things money can't buy, and one of those things is mainstream credibility for a religious cult just slightly more palatable than Scientology.
Unfortunately, there's nothing to stop people from buying an office with their own money, and ambassadorships are notoriously for sale. But that's certainly no reason to add to the problem by letting multi-national corporations hang-out a Help Wanted sign for evermore greedy politicians.
________
As for the eminent domain cases, you and I are in complete agreement, or at least I think we are. Eminent domain has a long and checkered history in this country, and while I can reluctantly agree it is sometimes a necessary evil for highways, parks and other legitimate govt uses, to use it for the benefit of private corporations is every bit as evil as this most recent decision.
It seems to me that your argument that politicians are already being bought off in these matters is reason enough not to endorse a decision that would make politicians even more susceptible to corporate influence.
Thanks for catching the windy. With all the "brilliance" you were exposed to tdoay, I hope you didn't get sunburned.
songweasel
I am shamed -- four words that said more than all of these
Lisa
I probably shouldn't make this comparison, but it may well be that like Jimmy Carter, Barack Obama is too good for us.
-rrrrrrraaaaaated-
Let's hope this is the rising tide that lifts all boats, since for the previous decade we had the rising tide that lifts all yachts
Steve
That was indeed cheery praise, thank you!
My dear old friend, what I'd give to while away a few hours making music like we did back when I was Moses and you were Aaron. Thank you, as ever, for appreciating what I do and taking the trouble to pass it on.
Appreciaaaaaaaaaaaaaaaaaated!
mginmn
Glad to shed whatever light I am able, and even more glad to have people like you step into the light.
Now if you drive your car through a crowd, you can claim you can't be held accountable beyond your limited liability investment in the car.
Sign me
Paul O'Rourke CEO,
Paul's Car, Inc.
Paul's Unfenced Swimming Pool, Inc.
Paul's Loaded Gun in Nursery, Inc.
Paul's Assault and Battery, Inc.
Great idea, that hadn't occurred to me. Welcome to TLC Whinery, LLC.
Aye, aye, Cap'n, let's go ashore in LV and doin' a bit of wenchin'.
“To argue that precedent matters in this case is to argue two wrongs make a right – or more precisely, that because the Court erred more than a century ago, it should continue to err on the side of corruption.”
This failure to capitalize on opportunities to correct wrongs of the past has become the defining characteristic of the day. And I haven’t seen, so far, at least, that Obama will change that characteristic. But there is still time in which he might.
There is, without doubt, a huge percentage of American society that is just too ignorant, too fearful, too illogical, too dedicated to blind faith, too unwilling to actually THINK about things rather than absorbing the mindlessness that is the current defining characteristic of conservatism in American politics and society. These people of whom I speak see society as a servant to capitalism and pointless consumerism rather than seeing capitalism as a tool to better society; for them, society is servant to capitalism.
As usual, Tom, your rant serves well.
RATED
rated for the excellence You always provide us.
"failure to capitalize on opportunities to correct wrongs of the past" -- agreed, and as I've said before, building upon a rotten foundation is not a wise thing to do with a house or a country
Can't we all not get along?
I don't think I was suggesting politics is all about money -- but money all too obviously effects politics a great deal. As I pointed out with Forbes and Romney, and you pointed out with Gramm, no amount of money can guarantee victory in an election. But it doesn't take an accountant to figure out the more you have, the better your chances, and it doesn't take a weatherman to know which way the wind blows. As lawyers are fond of reminding us, follow the money.
What Cartouche said
shouldn't we let the "free market" decide what races get into what schools?
You quite rightly point out the logical fallacy that people use to rationalize this decision.
The Constitution was recognized at its creation as a living and flawed document - that's why they added provisions for its modification, through amendments, like the First one.
Courts often overturn earlier decisions and established precedented case law. The argument that the court was correct in overturning settled precedent was itself based on precedent. Either or both could be flawed. You say one is wrong, based on the other; I say the other is wrong, and your argument is invalid.
"I'm going to Vegas!"
As to the Supreme Court, their recent decision has to rank right up there with Plessy v. Ferguson or Gore v. Bush. The jurist's ideology of "original intent" are just codewords for practicing the worst forms of judicial activism imaginable. You can always count on a conservative to accuse a liberal of doing the things that the conservative is actually up to in spades.
If there was such a thing as "original intent" we'd still be living under the 3/5 rule of the constitution, and slavery and unequal rights would be the law of the land.
And conservatives like nothing better than to lick the shoes of their corporate masters.
Either or both of us are confused
ONL
Those claim to know the mind of the Founders are as foolish as the those who claim to know the mind of God -- and frequently both claims are made by the same person(s)
Karin
Just call me Old Ironclad