Category Archives: Media Criticism

Media Criticism, Political Commentary

George Orwell Would Be Amused

20 Comments

The New York Times is very afraid of a court that cares about the Constitution:

If the conservatives decide that they can sidestep the Constitution to negate Congress’s choices on crucial national policies, the court’s legitimacy — and the millions of Americans who don’t have insurance — will pay a very heavy price. Chief Justice Roberts has the opportunity to avoid this disastrous outcome by forging even a narrow ruling to uphold the mandate and the rest of the law. A split court striking down the act will be declaring itself virtually unfettered by the law.

The conservatives want to “sidestep the Constitution”? Really? And if they rule (correctly) that the Ninth and Tenth Amendments are not trumped by a Commerce Clause of unlimited scope, and that the powers of the federal government remain enumerated, they are “declaring themselves unfettered by the law”?

Can I acquaint the Gray Lady’s editorial board with a minor decision from a couple centuries ago called Marbury v. Madison?

[Update a while later]

The Left’s meltdown over the Constitution:

Judicial activism is not something that happens every time the Supreme Court overturns a statute. The Justices owe deference to Congress and the executive, but only to the extent that the political branches stay within the boundaries of the Constitution. Improper activism is when the Court itself strays beyond the founding document to find new rights or enhance its own authority without proper constitutional grounding.

The classic example, acknowledged by good liberals like Alexander Bickel and Archibald Cox at the time, is Roe v. Wade in 1973. The High Court discovered a right to abortion rooted in a right to privacy that it had invented in Griswold in 1965 from the Constitution’s “penumbras” and “emanations.” Roe overturned 50 state laws and pre-empted a healthy debate that would have reached a different abortion consensus in different states. Our cultural politics has been polarized ever since.

The ObamaCare case is very different, as the oral arguments made clear. The Court is debating the reach of the Commerce Clause and of its own precedents in considering the limited and enumerated federal powers that are explicit in Article I, Section 8.

The Court has often overturned laws that exceeded those powers, including laws that it said exceeded the authority of the Commerce Clause (Lopez in 1995, for example, and Morrison in 2000). Hundreds of other precedents have extolled the value of the constitution’s “dual sovereignty” system—the division of state and federal power. As recently as the U.S. v. Bond case last year, Justice Kennedy wrote that “federalism protects the liberty of the individual from arbitrary power.”

But if they rule in favor of the Constitution, they’ll be demonized nonetheless.

[Update a while later]

So, a majority of the public wants it overturned, and expects it to be overturned. And somehow the court will “lose its legitimacy” by following the Constitution, and overturning it? When it won’t even affect stare decisis?

Dream on, Left.

Education, Media Criticism, Political Commentary, Social Commentary

Rabid Partisanship

5 Comments

Reducing it by reforming academia:

The liberalization of the American educational establishment has been a colossal failure. Liberals overtook the universities because (reasonably) they saw them as the way to shape a more progressive society in the long term. They insisted that they could set aside their own partisan beliefs and teach in ways that are fair to both sides. It is abundantly clear, however, that a progressive political mindset prevails in the American university system, especially at the elite levels. It’s more difficult for conservative professors to be hired or receive tenure, it’s more difficult for conservative students to speak up without fear of the consequences, and liberal students emerge from the universities with a terrifically superficial understanding of the conservative mindset — and American society is the poorer for it.

When you look at the three values that conservatives (according to Haidt) honor but liberals do not — loyalty, respect for authority, and sanctity — these are precisely the values that are flouted in the precincts of American academe. The result is a more impoverished moral imagination amongst students, a stubborn inability to understand the beliefs and the motives of conservatives, and thus the imputation of nefarious motives to those irrational conservatives who do not see things in the ways the illuminati do. If you don’t believe that this has contributed to the partisanship we’ve observed in recent years — particularly the exceedingly nasty way in which liberals in general have responded to the Tea Party movement, to social conservatives and generally to anyone who refers too much to moral sanctity and loyalty to American traditions and institutions, then I think you’re wearing exactly the kind of blinders Haidt talks about.

Haidt’s work is generating quite a stir.