Judges...
The outplay from Shiavo affair will be before us for some time to
come it appears. Part of this is the right wings new national sport:
threatening judges. I had no intention if I could help it of writing
anything about Terri Shiavo at all. After looking over todays semi
apology by Tom Delay DeLay Apologizes for Comments.
I feel the need to say what needs to be said here. First, if you
haven't read it already read Washington Post co-respondent Dana
Milbank's article from last Saturday, And the Verdict on Justice Kennedy Is: Guilty
(washingtonpost.com). Other articles have also commented on this loose talk
campaign against the judiciary as it has evolved. Asking pardon
from Godwin's law in advance: I say this is treading near explicitly fascist
thug behavior. If it goes much further, it is nothing less and I am not going to accept it as
anything less. It is what it wants to be.
A few weeks ago I was trying to explain to someone (one of my
sisters) the - demogogic manner- I'll call it, and the type of
intelligence it needs, Whether it is a politician or similar public
figure, or initiator(s) of some popular culture entity looking after
maximum effect seeking a pure manipulation. Pushing the publics buttons
hard, playing on the stops of desire and fear like a well worked oboe.
For the ability and cleverness of those who do this well, should we
read discernment and reason? I always think back to Thomas Mann's
short story "Mario and the magician". This is the personality type.
Cipolla, Mario's Magician is Mussolini, an absracted model for the low
instinctive cruel, mechanically reasoning intelligence of fascist demogogues.
I am willing to take this message on the judiciary's role out of its yellowed cellaphane
wrapper and examine it on its merit. In what they want from the
Judiciary, do Mr. Delay and Sen. Cornyn seek after rule of Rule of Law,
consistency of legal ruling and moral philosphy? There was an argument
I read recently, that that if you asked a Republican who his or her
favorite philosopher was, they could tell you. Where by contrast few
democrats could - or would even understand the question. It sounds like
something David Brooks might say. In any case it reveals far more than
it knows in its positing. Assuming that an acquaintence with some
writer implies understanding, of either the writers thesis or the
question at hand. Implying as it does that social justice does not
depend on experience or empathy, but on a conceit of empty reason.
There is a principle dating back to begining of nation the supremacy of
judicial review Which comes to us from cases like Marbury v. Madison
(Landmark Supreme Court Cases). As the nations affairs became more
complicated - as we moved throught the twentieth century it was clear to most
that our system of checks and balances relied on this notion to work. It
is just this, we are now told, or one of those other bogus rulings from
musty books that only people who read care about. This is the problem, they say.
This is dead law - meaningless for right thinking people.Today's strict
constructing conservative burrows back to the constitution on a ongoing
basis to figure out what he wants the constitution to mean.
Paul Krugman was ridiculed for suggesting that this republican caucus
wanted to overturn the new deal, perhaps sweep back prior to
the dawn of 'progressive era' - to the gilded era and before. Its
clear that
part of republican party is in a burning revolution mode teetoring to
the point of no return. In their rhetoric an pen declaration they
intend to recast this nation to its very core. Essesntialy not as a
democratic nation, but an authortarian theocratic nation. They proceed
by a twisting and lowering of Christianity to support of a base
know-nothing
triumphalism. They are clearly playing with violence and/or the
emotions of violence in a nasty cowardly fashion. While this vanguard
storms the gates, others mill around. There was a memo that circulated
on capital hill in the early days of the Schiavo matter - call it
memogate ii. It was a set of talking points on the matter, on what
initially seemed to
some in the GOP a solid political opportunity, by the time the memo
percolated into the press this was not so and it was already being
represented as a fake, a liberal plant, to effect conservative
distance. The significance here is that it wasn't: Counsel to GOP Senator Wrote Memo On Schiavo (although last I saw Michele Malkin was still working that angle).
This is how it begins. First in whispers then in shouts, then
with tourches. They should remember, as they set into this game - after
the brown shirts came the black shirts.
[L]et your zeal be quickened by knowing that they are
powers stronger than reason or virtue and not so magnamimously ready to
relinquish their prey.
Cipolla to his audience. Mario and the Magician -- Thomas Mann
9:24:09 PM  ;;
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