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George F. Will: On Obamacare, John Roberts helps Overthrow the Constitution

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George F. Will writes: Conservatives are dismayed about the Supreme Court’s complicity in rewriting the Affordable Care Act — its ratification of the IRS’s disregard of the statute’s plain and purposeful language. But they have contributed to this outcome. Their decades of populist praise of judicial deference to the political branches has borne this sour fruit.

“Since the New Deal, courts have permitted almost any legislative infringement of economic liberty that can be said to have a rational basis. Applying this extremely permissive test, courts usually approve any purpose that a legislature asserts. Courts even concoct purposes that legislatures neglect to articulate.”

The court says the ACA’s stipulation that subsidies are to be administered by the IRS using exchanges “established by the State” should not be construed to mean what it says. Otherwise the law will not reach as far as it will if federal exchanges can administer subsidies in states that choose not to establish exchanges. The ACA’s legislative history, however, demonstrates that the subsidies were deliberately restricted to distribution through states’ exchanges in order to pressure the states into establishing their own exchanges.

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“The Roberts Doctrine facilitates what has been for a century progressivism’s central objective, the overthrow of the Constitution’s architecture. The separation of powers impedes progressivism by preventing government from wielding uninhibited power. Such power would result if its branches behaved as partners in harness rather than as wary, balancing rivals maintaining constitutional equipoise.”

The most durable damage from Thursday’s decision is not the perpetuation of the ACA, which can be undone by what created it — legislative action. The paramount injury is the court’s embrace of a duty to ratify and even facilitate lawless discretion exercised by administrative agencies and the executive branch generally.

[Read the full text here, at The Washington Post]

The court’s decision flowed from many decisions by which the judiciary has written rules that favor the government in cases of statutory construction. The decision also resulted from Chief Justice John G. Roberts Jr.’s embrace of the doctrine that courts, owing vast deference to the purposes of the political branches, are obligated to do whatever is required to make a law efficient, regardless of how the law is written. What Roberts does by way of, to be polite, creative construing (Justice Antonin Scaliadissenting, calls it “somersaults of statutory interpretation”) is legislating, not judging.

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” The paramount injury is the court’s embrace of a duty to ratify and even facilitate lawless discretion exercised by administrative agencies and the executive branch generally.”

Roberts writes, almost laconically, that the ACA “contains more than a few examples of inartful drafting.” That is his artful way of treating “inartful” as a synonym for “inconvenient” or even “self-defeating.”

Rolling up the sleeves of his black robe and buckling down to the business of redrafting the ACA, Roberts invents a corollary to “Chevron deference.”

Named for a 1984 case, Chevron deference has become central to the way today’s regulatory state functions. It says that agencies charged with administering statutes are entitled to deference when they interpret ambiguous statutory language. Read the rest of this entry »

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Meet The New Counterculture: Modern Conservatives Employ Tactics Formerly Associated With Radical Left

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This is reported from the perspective of a highly regarded liberal media institution regarding conservative culture as an alien, unfamiliar phenomenon. (even though conservatives occupy about 90% of the land mass of the U.S.) so the Post‘s unavoidable bias is hard to miss. There are (or will be) better, more balanced articles about this, but this one certainly has its merits.

For the The Washington PostPhilip Bump reports:

The American counterculture was once defined by hippies marching on the streets of San Francisco or taking over buildings at Berkeley. This overlapped during the 1960s with the Supreme Court of Earl Warren, the popular benchmark of an activist judiciary.

“John Hawkins suggested that conservatives ‘learn from what he wrote and give the Left a taste of its own medicine.'”

[Also see – Packed Murrieta Town Hall Sounds Alarm On Illegal Immigrant Invasion]

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A scene from Murrieta. (REUTERS/Sam Hodgson)

[More – Deportation of Minors Drop 80% Under Obama]

That was then. Now, this group is older, whiter, and much less likely to have voted for Eugene McCarthy.or-die

“Townhall.com ran an essay arguing that conservatives should see Saul Alinsky’s famous how-to guide Rules for Radicals not as a reason to mock their opponents, but as a useful guide for their own protest.”

In Murrieta, California, scores of conservative protesters block buses filled with immigrants from arriving in the city. In Nevada, hundreds rally to bolster rancher Cliven Bundy’s fight against what they see as improper government intrusion. These are to some extent offshoots of a broader, fading movement — the tea party — which saw protests at statehouses, over phone lines, and at the Capitol as a critical form of engagement. Read the rest of this entry »


JFK: Casualty of the Cold War

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Lee Harvey Oswald was a communist who idolized Castro and hated America

James Pierson writes: It has been 50 years since President John F. Kennedy was cut down on the streets of Dallas by rifle shots fired by Lee Harvey Oswald, a self-described Marxist, defector to the Soviet Union, and admirer of Fidel Castro. The evidence condemning Oswald was overwhelming.

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The bullets that killed President Kennedy were fired from his rifle, which was found in the warehouse where he worked and where he was seen moments before the shooting. Witnesses on the street saw a man firing shots from a window in that building and immediately summoned police to provide a description. Forty-five minutes later a policeman stopped Oswald in another section of the city to question him about the shooting. Oswald killed him with four quick shots from his pistol as the policeman stepped from his squad car. He then fled to a nearby movie theater where he was captured (still carrying the pistol).

Yet opinion polls suggest that 75% of American adults believe that JFK was the victim of a conspiracy. Most of the popular books published on the murder have argued for one or another conspiracy theory, with the CIA, FBI, organized crime or right-wing businessmen cast as the villains. Why does the Kennedy assassination still provoke so much controversy?

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Society is to Blame: When Liberalism Lost its Way, Dallas, 1963

kennedyThis item by George Will is notable because it bypasses the current political drama and looks into the history of 20th Century Liberalism with a wider lens, and sweeps into a moment in time that bears thoughtful reflection. It’s an event that continues to influence post 20th-Century liberal thought, in ways that we have to live with, like it or not, every day.

If you don’t read anything else this week, read this one.

I also found it timely because I found myself listening to news on NPR yesterday, something I only do when I’m in my car, and was shocked to be reminded of a strain of Liberal thought that’s always troubled me: the theory of ‘collective’ crime, or collective guilt. Collective repentance. Collective salvation. But until this NPR segment, I hadn’t connected it the contemporary grievance culture all the way back to 1963.

I learned, contrary to common sense and written history, that President Kennedy wasn’t killed by an assassin with a rifle. Turns out (according to NPR) he was killed by a “climate”.  Dallas did it.  Society murdered JFK. It was the ‘climate of hate” that permeated Dallas Texas, in 1963. Apparently, this ‘stew’ (as the NPR reporter called it) of “hyper-patriotism, anti-semitism, racism”, etc., that was simmering in Dallas, reached a boiling point. The invisible brain-waves of anti-Kennedy hatred moved through the air in Texas, affecting anyone in that climate-stew, and concentrated itself in Dealy plaza, until President Kennedy’s head exploded, spontaneously, just from the pressure of all that collective hatred.

There goes the single bullet theory.

Liberals really believe this, too. Not that JFK’s head exploded spontaneously. But that Dallas killed Kennedy. That the city was so full of hatred for the President, so full of bitterness and bad thoughts, that the concentrated hatred assembled itself in the person of one unhinged individual, Lee Harvey Oswald (leaving aside conspiracist’s claims of additional gunmen) who acted upon this pent-up rage. The unavoidable fate–the Kennedy-death wish–had to be unleashed, and realized.

So, shots were fired. Resulting in the ghastly murder of the President, executed on society’s behalf.  According to this narrative, the collective dark urge had to find expression. It was wound too tightly, had to be released. It wasn’t Owsald’s fault. It was Dallas’ fault. It was society’s fault. It was America’s fault.

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How potent was this Kennedy vitriol, in Dallas? Well, you can clearly see, in photos, and newsreels, all those people waving and smiling as the motorcade passes. The moms with their babies, the kids with American flags, the civilians, soldiers, policemen. The crowds with cameras, eager to glimpse the President. Don’t let their happy expressions fool you. Those smiles and waves? They were masking deep, murderous, collective hatred.

Update: Tim Graham at PA Pundits has a much more informed report on NPR’s original segment (of which I caught the tail end of, or the following day’s listener mail) and quotes sections of the NPR interview with author Bill Minutaglio, who peddles this “right wing hysteria” fantasy:

BLOCK: As we approach the 50th anniversary of the assassination of President Kennedy, a new book dives deep into the city where the murder took place. “Dallas, 1963″ explores the swirling forces of right wing fanaticism at work in the city during the three years leading up to JFK’s assassination. By this account, Dallas in the early ’60s was a stew of super-patriotism, fueled by anti-communist paranoia, fierce racism and anti-Semitism.

Reading Tim’s account, it appears that historians and authors on the Left not only still dust off and promote this toxic mythology, they’re doubling down on it. Or at least Bill Minutaglio is, in his new book. And, I’m sure, ties it to the Tea Party, casually and dishonestly mislabeling it as a racist, radical pro-white, ‘hate’ group. Identical to those “right wing fanatics” in Dallas who collectively killed Kennedy, dragging America with it. Good grief. Who is the paranoid one here?

Besides George Will, I hope other rational reviewers take Minutaglio’s book apart, and expose it for what it is. Paranoid Left Wing Fantasy. Reason-free, heartfelt, self-affirming propaganda. Other historians are sure to agree. It hits all the right notes, in harmony.

As Tim notes:

Among the book blurbs for Minutaglio is one of the liberal media’s favorite historians/hysterians, Douglas Brinkley:

“Bill Minutaglio and Steven L. Davis’s DALLAS 1963 is a brilliantly written, haunting eulogy to John F. Kennedy. By exposing the hatred aimed at our 35th president, the authors demonstrates that America–not just Lee Harvey Oswald–was ultimately responsible for his death. Every page is an eye opener. Highly recommended!”

I really thought that by 2013 the “mass-Dallas-fanatic-hysteria” narrative would have withered under the bright light of contrary evidence. (as most of the other muddled assassination conspiracy theories inevitably have) It appears the narrative is even stronger than I realized, like a virus that’s mutating, adapting, poised to inform new generations of readers.

There’s so much to say about this. About the conflict between those who accept individual sovereignty, individual morality, individual responsibility, individual accountability, individual salvation, vs. those who believe in collective morality, group rights, group entitlements, tribalism, class-warfare, social justice debts, and collective guilt. The dreamlike romantic notion that we’re all part of an invisible web of interconnected thoughts and feelings, and the actions of an individual are really nothing more than a necessary expression of a larger unspoken wish. These are drastically different world views. And from this tainted collectivist narrative came the post-1960s Liberal grievance culture.  As George Will explores in the following article.

Make no mistake, I do believe that a climate of hatred can afflict a culture. And that a society that tolerates crime and violence, tends to breed more crime, invite more violence.  And that a system that enables corruption to flourish, reaps what it sews. And so forth. Yes, these things can have a corrosive effect on individuals in society.

UnknownBut the notion of collective guilt that emerged from this historic miscarriage signaled a complete change of direction for the post-war Liberal project. And the sour, scolding, reactionary tone of postmodern Liberalism can be traced back to the aftermath of the events in Dealy Plaza, and the Left’s efforts to reconcile them.

From this poisoned well sprang the liberal historians’ deranged lie that “right-wing fanaticism” killed America’s beloved President. Even Barry Goldwater was somehow implicated. Why? Because for the Left, the truth was too disturbing to confront. That Kennedy was murdered, not from the right, not from random invisible hate-brain-waves, not by shadowy, clandestine, fanatical forces, but from the left.

Stripped from all the mythology, the uncomfortable truth remains: A radicalized Marxist crackpot with a cheap Italian rifle, acting–almost certainly–in solitude, completely disinterested in the social “climate” in Dallas that day, shot JFK. For his own reasons. Not society’s.

–the Butcher

Next: George Will’s column:

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