I don’t usually take on Charles Krauthammer’s idiocy, but I really don’t think today’s column should get a pass, especially from liberals. In The World According To Krauthammer, liberals are anti-constitutional, revisionist idiots, because nothing pleases Krauthammer more than attributing his own behavior to others. It’s the conservative way. The theme of Krauthammer’s today crazy is ” Constitutionalism “, which he lauds as enlightenment ascendant. Reviewing events which have taken place since Wednesday, when most, but not all, of the new Congress with the New Conservative Majority was sworn into office, we have the following: A selective reading of the Constitution on the floor of the House of Representatives, after which… It was discovered that Pete Sessions (R-TX) and newbie Mike Fitzpatrick (R-PA) missed the swearing-in because they were attending a fundraiser elsewhere in the Capitol, and oops! they cast votes without being duly sworn. After that discovery… The Rules Committee meeting was then interrupted so that Rep. David Dreier could find a way around the problem of their votes counting when they had not been duly sworn, after which… Drier finally arrives at a half-baked solution via Thomas Jefferson’s congressional manual, settling on the explanation that Fitzpatrick and Sessions were “within proximity of the Speaker of the House” when taking the oath of office. If this is Constitutionalism, I’ve got six feet pointing in all directions. This strange fetish conservatives are having with the Constitution seems to resemble the same problem fundamentalist Christians wrestle with when confronted with biblical contradiction. They cannot reconcile or consistently argue portions of it, so they ignore those, while placing undue emphasis on other passages. But what really annoys me about their fetish is the specious claim that liberals have disdain and disrespect for the Constitution and conservatives are it’s True Defenders. What crap. Now watch what Krauthammer uses as his arguments about us badass liberals: For decades, Democrats and Republicans fought over who owns the American flag. Now they’re fighting over who owns the Constitution. The flag debates began during the Vietnam era when leftist radicals made the fatal error of burning it. For decades since, non-suicidal liberals have tried to undo the damage. Demeaningly, and somewhat unfairly, they are forever having to prove their fealty to the flag. Amazingly, though, some still couldn’t get it quite right. During the last presidential campaign, candidate Barack Obama, asked why he was not wearing a flag pin, answered that it represented “a substitute” for “true patriotism.” Bad move. Months later, Obama quietly beat a retreat and began wearing the flag on his lapel. He does so still. See? All one has to do to own the flag is wear it, whether they mean it or not. But wait, he goes on. Call it constitutionalism. In essence, constitutionalism is the intellectual counterpart and spiritual progeny of the “originalism” movement in jurisprudence. Judicial “originalists” (led by Antonin Scalia and other notable conservative jurists) insist that legal interpretation be bound by the text of the Constitution as understood by those who wrote it and their contemporaries. Originalism has grown to become the major challenger to the liberal “living Constitution” school, under which high courts are channelers of the spirit of the age, free to create new constitutional principles accordingly. I don’t mean for this post to become a treatise on originalism versus a living Constitution philosophy, but Krauthammer just makes no sense. Consider the choice of Republicans to leave out certain pieces of that original document which don’t suit them politically, like the 3/5ths clause, for example. Either the entire document should be interpreted in its original form (and likewise worshipped on the House floor), or else it is a living document, imperfect and subject to amendment and interpretation. But it isn’t both. You can’t excise pieces you don’t like and then claim to be an originalist. Unless you are Charles Krauthammer and are paid handsomely to do so, of course. Then you can, but it’s still as ridiculous as it sounds. But there’s more: What originalism is to jurisprudence, constitutionalism is to governance : a call for restraint rooted in constitutional text. Constitutionalism as a political philosophy represents a reformed, self-regulating conservatism that bases its call for minimalist government – for reining in the willfulness of presidents and legislatures – in the words and meaning of the Constitution. Hence that highly symbolic moment on Thursday when the 112th House of Representatives opened with a reading of the Constitution. Or at least, the parts of the Constitution they liked. Alex Altman’s rebuttal to this originalist constitutionalism gobbledegook points out the empty rhetoric under Krauthammer’s posturing: That’s one reason why the fetishizing of the Constitution is unsettling. It’s not that it isn’t worthy of veneration or study. It’s that too often, the Constitution is wielded as a political cudgel, even if, as Garrett Epps wrote this week at the Atlantic, the cudgelers fail to grasp the document’s finer points. Both parties are desperate to claim themselves as the true descendants of the framers, and they drape themselves in the constitution like a political safety blanket, since it’s one of the only unassailable quantities in contemporary politics. (Among the others, I count jobs, capitalism, liberty, faith and not a whole lot else.) Consider one example of how the Constitution gets hauled out for partisan arguments. At Commentary Magazine today, Pete Wehner, a former Bush Administration and a senior fellow at the Ethics and Public Policy Center, writes: “For many modern-day liberals, the Constitution is, at best, a piece of quaint, even irrelevant, parchment.” In the context of his argument, this swipe follows from a discussion of how liberals’ dismissal of the today’s reading as a “gimmick” shows they don’t take the document seriously. Just like Krauthammer did in his closer: In the interim, the cynics had best tread carefully. Some liberals are already disdaining the new constitutionalism, denigrating the document’s relevance and sneering at its public recitation. They sneer at their political peril. In choosing to focus on a majestic document that bears both study and recitation, the reformed conservatism of the Obama era has found itself not just a symbol but an anchor. But what Mr. Neocon fails to comprehend is this: Liberals aren’t sneering at the Constitution, or even at its reading. Liberals are sneering at conservatives empty, hollow, dishonest attempts to wrap themselves in it while they rake in the big bucks with the hand not holding it. Well, that and the fact that conservatives may hear the words but they don’t live . Kind of like those fundamentalist Christians. Same fetish, different document.
Continue reading …TPM has this amusing bit from yesterday of Steve King (Asshat-Iowa) on the House floor boasting about what a bunch of liars Republican leaders are. Perhaps King was just confused or just plain stupid but here it is. Mr. KING of Iowa. Thank you, Mr. Speaker. I can tell you that I am pleased to address you, Mr. Speaker, here on the floor of the United States House of Representatives and welcome you to this great deliberative body which becomes instantly far more deliberative than it has been over the last 4 years. This is part of it. As I deliberate and I listened to the gentleman from Tennessee, I have to make the point that when you challenge the mendacity of the leader, or another Member, there is an opportunity to rise to a point of order, there is an opportunity to make a motion to take the gentleman’s words down. However, many of the Members are off in other endeavors. I would make the point that the leader and the Speaker have established their integrity and their mendacity for years in this Congress, and I don’t believe it can be effectively challenged, and those who do so actually cast aspersions on themselves for making wild accusations. I came to this floor, though, Mr. Speaker, to talk about the weather… And so it goes for another 30 rambling minutes of embarrassing himself and more importantly the good people of Iowa. Here’s probably the most famous usage of ‘mendacity’, by playwright Tennessee Williams .
Continue reading …Is nothing sacred when it comes to reality TV? That would be a no , further underscored by two projects in the works for the near future: one on fallen pastor Ted Haggard (yes, it’s really called “Ted Haggard: Scandalous”) … Related Entries December 2, 2010 Those Dreadful Geico Commercials Are About to Get Quieter November 29, 2010 Is Fox Censoring ‘The Simpsons’?
Continue reading …Click here to view this media Where do you think Judy Miller thought she might be working in 2011 back in 2002, when she won her Pulitzer Prize while working for the New York Times? Maybe she figured she’d still be at the Times while releasing a new book? How about a show on CNN? She could have moved over to a magazine like Time , the New Yorker or the Washington Post . If times got tough she might have ended up at the Weekly Standard or, in today’s world, something like The Daily Beast . Well, if that’s what she figured, she’d be oh so wrong. Can you imagine how much I laughed my ass off when I learned that she took a job with Newsmax? Judith Miller, the former New York Times reporter, current Fox News contributor and featured player in the Valerie Plame scandal, is back in print journalism. Miller has been hired by NewsMax , the conservative news magazine, as a contributing writer. NewsMax, which loves their Birthers, also posts articles that hope for the U.S. military to overthrow President Obama. Really, they’re another version of WorldNutDaily. The only difference is that, as they did with the military-coup piece , NewsMax often later takes down its wingnuttery and scrubs the pieces from their site, as if to cover the trail. But we have them still in our personal archives. Here are some headlines from NewsMaxes past, only some of which still exist in the NewsMax archives: Turning the Y2K Glitch Into Global Prosperity” (Oct. 28, 1998). Excerpt: “How can any sheriff’s department serve and protect the citizenry if hordes of thirsty and hungry people are in near panic while waiting for the return of electricity to the power grid? No sheriff’s department can keep law and order under these conditions.” “Analysis: Internet Buzzes with Theories Surrounding Y2K Problem” (Christopher Ruddy, June 15, 1998). Excerpt: “[Gary] North’s appearance led me to his home page, and from there to other Y2K sites. What I found was scary.” “Waco Linked To Foster’s Death: Widow,” August 30, 1999. {Version available here .] When Militias Are Outlawed, Only Outlaws Will Have Militias (November 10, 1999) Congressman Fears Police State, Says Waco Expert May Have Been Murdered (Tuesday, May 30, 2000) “The Mexican Invasion”, by Wilson C. Lucom (Monday, July 11, 2005). Excerpt: “The United States is being invaded by Mexico, and President Bush is allowing it to happen. Mexico will one day take over the United States, through voting, if nothing is done to stop the invasion by Mexican illegals.” [Version can be found here (nativist site).] It’s your classic conspiracy-theory tabloid, only on the Internet. And they’ve made a ton of dough off selling this garbage to right-wing suckers. I gather NewsMax is probably paying Judy Miller well, but I doubt she thought she’d be catering to the John Birch Society crowd in her heyday. (Maybe we’ll see one of those NewsMax polls with Judy as the subject.) Fox News gave her a gig for being a good soldier for the conservative cause and George Bush, so that wasn’t shocking, but let’s face it. She does belong with Dick Morris. The above video was posted on C&L 02/10/2005. Judy was on Larry King Thursday night, and gave a virtuoso performance in denial. With a sophomoric grin and a delusional account of what happened to her at the NY Times, Judy was a talking point of the battered soul. The victim in all of this. She was stunned and saddened over her perceived attacks by Maureen Dowd in a column called Woman of Mass Destruction against her great character. After all, it was only a few stories that were slightly off in her mind after twenty-eight years of reporting. The WMD reports were a mere blip on the screen based on slightly faulty intelligence. It could happen to anyone right-Judy? Miller was particularly annoyed at that pesky word “‘entanglement,” that Bill Keller used. Let’s clear that up, after all what’s more important- a war that you helped promote, helping your pal Scooter Libby who’s involved in outing a CIA agent or a single expression? She refused to answer any questions about Scooter’s upcoming case even though she is legally allowed to. So how are the Aspens this time of year? Oh, and she had a very proper relation with Scooter Libby.
Continue reading …Do left-leaning Americans have something against the Constitution? That’s but one suggestion that conservative guest commentator Jennifer Rubin makes on this week’s edition of “Left, Right & Center,” and needless to say, it doesn’t go over so well. Related Entries December 2, 2010 Those Dreadful Geico Commercials Are About to Get Quieter November 29, 2010 Is Fox Censoring ‘The Simpsons’?
Continue reading …enlarge Yes, the moneychangers are back! And by the way, Mike Fitzpatrick isn’t a “freshman” — he was the incumbent Bucks County PA congressman who was ousted by Patrick Murphy, and then beat him again in the mid-terms. So no, this isn’t a little mistake made by a newbie : News broke today that two House members, Rep. Pete Sessions (R-Texas) and freshman Rep. Mike Fitzpatrick (R-Pa.), may not have actually been properly sworn in to the House yesterday. They were at the Capitol Visitors Center–and just holding up your right hand while watching it on TV may not do the trick. That’s still being debated. More importantly, though, is why they missed the swearing in to begin with. As Ryan Grim at the Huffington Post reports, they weren’t able to take their oath live from the House floor because they were holding a fundraiser in the Capitol while others were being sworn in. Seriously. This could, according to the Committee on Standards and Ethics, very well be unethical and maybe even illegal. Roll Call comes to Fitzpatrick’s defense: Rep. Mike Fitzpatrick (Pa.) was attending a celebration in the Capitol Visitor Center with supporters that his campaign bused in from Pennsylvania. A spokesman for Fitzpatrick said the event, titled “Fitzpatrick’s Swearing-in Celebration,” was not a fundraiser and that no contributions were collected. “There was a bus available for people that wanted to ride it down,” spokesman Darren Smith said. Fitzpatrick’s campaign website listed a $30 fee for transportation costs for the swearing-in festivities. In addition, more than 200 people who did not ride the buses attended the event for free, according to Smith. CVC space may not be used for “political activities, including political campaign, political party, or political action committees activities,” according to a copy of rules for using CVC rooms. Oh, okay! Big misunderstanding, right? Even though a screenshot of his webpage (which has since been taken down) offers check boxes for larger amounts and included the line: “Please note that your donation will appear on your credit card statement as “Campaign Financial Svcs.” And far be it from me to point out that we have no way of knowing if people were actually buying “bus seats” — or just making a donation under cover of a bus ride they had no plans to take. (Which is an old political trick used to pad the take.) My philosophy? When in doubt, reverse the parties and treat them the same way they’d treat us. If this was a Democrat, Fitzpatrick would be pilloried 24/7 on Fox.
Continue reading …On a scale of 1 to 10 for loathsome traits and comments, Justice Scalia rated about an 8 on mine. Chief Justice Roberts scored a 9. But two things happened which boosted Scalia to a 10 and come quite close to me thinking he should just be impeached because he’s clearly not an objective or clear thinker. First, let’s remember that he will be teaching all the new teabagger freshmen their Constitution 101 course, courtesy of Michele Bachmann. That would be just great if he actually understood the Constitution. First strike: His most recent interview with California Lawyer , where he restates his position that women do not enjoy protection under the 14th amendment to the Constitution. Q: In 1868, when the 39th Congress was debating and ultimately proposing the 14th Amendment, I don’t think anybody would have thought that equal protection applied to sex discrimination, or certainly not to sexual orientation. So does that mean that we’ve gone off in error by applying the 14th Amendment to both? SCALIA:Yes, yes. Sorry, to tell you that. … But, you know, if indeed the current society has come to different views, that’s fine. You do not need the Constitution to reflect the wishes of the current society. Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws. You don’t need a constitution to keep things up-to-date. All you need is a legislature and a ballot box. You don’t like the death penalty anymore, that’s fine. You want a right to abortion? There’s nothing in the Constitution about that. But that doesn’t mean you cannot prohibit it. Persuade your fellow citizens it’s a good idea and pass a law. That’s what democracy is all about. It’s not about nine superannuated judges who have been there too long, imposing these demands on society. Scalia’s comments, to be fair, have to be taken inside his frame , which is that the Constitution is an original document and not a living document. Therefore, if it was not an issue at the time of its writing, the fact that it is an issue now does not mean the 14th amendment applies. If the 14th amendment were to be interpreted in the frame of a living Constitution, then it would surely apply to gender and sexual orientation. Still, what he’s saying here is that women do not enjoy protections under the 14th amendment . He’s also quite clearly signalling which way he would rule on the Proposition 8 case and other rulings with regard to same-sex marriage, since they’ve been declared unconstitutional under the equal protection clause. I have major difficulties with his interpretation. Exactly who would be considered a “person” under the 14th amendment? If his remarks are to be taken literally, then what he’s saying is that women are not to be considered persons or citizens (the two words used in that clause). Who does that leave? Men and corporations , evidently. Does that mean that gay men can marry but lesbians can’t? What if someone married a corporation? Would they have spinoffs as children? Okay, those questions are ridiculous but then, so is Scalia . This man is one vote of NINE deciding whether our democracy lives or dies, and he routinely rules for its death, while bragging that he doesn’t even need to read the briefs because the issues are so clear. Yes, really. That clip at the top was from a forum conducted on March 23, 2010. It will give you a sense of his arrogance and his flippant attitude toward those who dare to challenge his interpretation of the Constitution’s meaning, particularly with regard to the 14th amendment. I know having an opinion isn’t grounds for impeachment, but is utter disrespect for the country and over half the population grounds? If so, let’s do it. A postscript directly to Justice Scalia: Thanks for not showing up for the State of the Union address . It’s good that you’re skipping it, because it proves just how deep your disrespect for the voters of this country really is. Stay away. Far away.
Continue reading …Peter Kent Official Portrait Most environment ministers’ job is to protect the environment; not in Canada. There, the environment minister is a shill for the tar stands industry. The new minister isn’t camera shy, either; he is Peter Kent, former TV anchor for Canada’s biggest news show. (He is the brother of Arthur Kent , the “Scud Stud” of the 1991 gulf war) His pitch on the tar sands: it’s not dirty oil, it’s ethical oil. … Read the full story on TreeHugger
Continue reading …How video games are changing the economy, the story behind the mythological toppling of the Saddam Hussein statue in Baghdad, and the merits of being grossed out. On a regular basis, Truthdig brings you the news items and odds and ends that found their way to Larry Gross, director of the USC Annenberg School for Communication. A specialist in media and culture, art and communication, visual communication and media portrayals of minorities, Gross helped found the field of gay and lesbian studies. The links below open in a new window. Newer ones are on top. How Videogames Are Changing the Economy This fall, the Chinese National University of Defense Technology announced that it had created the world’s fastest supercomputer, Tianhe-1A, which clocks in at 2.5 petaflops (or 2,500 trillion operations) per second. This is the shape of the world to come—but not in the way you might think. Playboy Mansion Is ‘Squalid Prison’ A key part of the Playboy image involves the Playboy Mansion, the enviable setting of star-studded parties. But some of Hefner’s so-called girlfriends have started talking about the inner workings of the place, revealing it to be more like a prison than a palace of love. How the Saddam Statue Toppling Sparked a ‘Victory Myth’ The New Yorker details how the toppling of the Saddam statue turned from a glimmer in the eye of a Marine sergeant to a media moment of outsized proportions. WHY BEING GROSSED OUT IS GOOD FOR YOU Maggots. Rotten meat. Pus-oozing sores. Grossed out yet? Probably. The emotion of disgust is universal, strong and easy to invoke. But there’s a good reason for instinctive disgust: it can keep us alive. Vatican Works to Change the Subject The Catholic Church appears to have concluded that the best way to keep everyone from talking about sex abuse is to change the subject—to demons. The Elements of Clunk A whole new strain of bad writing has come to the fore, not only in student work but also on the Internet, that unparalleled source for assessing the state of the language. Internet Gains on Television as Public’s Main News Source The internet is slowly closing in on television as Americans’ main source of national and international news. Man Busted For Building ‘Vibrator Bomb’ A Minnesota man is facing felony charges after police discovered that he had retrofitted a vibrator, turning the sex toy into a homemade explosive device. Related Entries January 3, 2011 When Conservatives Celebrate Terrorists November 2, 2010 Explosions Bring Fresh Devastation to Baghdad
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