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Reports

The Supremely Disappointing Court

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Posted on Jul 5, 2007

By Ellen Goodman

BOSTON—Let me wish the Supreme Court justices a fond farewell as they set out on their summer vacation. We can all rest assured now that they won’t do any more damage until the first week in October.

    And a special shout-out to Clarence Thomas, who may embark on his annual road trip in his 40-foot motor home knowing that he’s accomplished one life goal. The justice is now talked about even less in terms of race—less as the profligate successor to Thurgood Marshall than as a certified member of the court’s right wing. Color him conservative.

    One of the last things the court did on its way out the door was to strike down the voluntary integration plans in the public schools of Seattle and Louisville. The plurality had the gall to invoke the famous desegregation decision, Brown v. Board of Education, to justify rolling back integration.

    Much was said about the new chief justice, John Roberts, and his sound-bite decision that “the way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” Much was said about Anthony Kennedy’s opinion, which offers a Houdini-like school committee a few ways out of the box.

    In contrast, Justice Thomas’ concurring opinion got remarkably little attention. By now he’s been identified with the little statue of St. Jude that he keeps on his desk: the patron saint of lost causes.

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    But for those who still find Thomas a fascinating figure after his 16 years on the bench, his opinion was fertile ground. It was rife with scorn for “social theories” and disdain for integration itself.

    Thomas did more than compare the integrationists of today with the segregationists of 1954. He praised the virtues of some all-black high schools in the Jim Crow era. Then he added, “it is far from apparent that coerced racial mixing has any educational benefits, much less that integration is necessary to black achievement.”

    One sentence leaps out of the footnotes: “Nothing but an interest in classroom aesthetics and a hypersensitivity to elite sensibilities justifies the school districts’ racial balancing programs.” He trivialized the values of diversity as a matter of aesthetics and closed with a warning: “beware of elites bearing racial theories.” So much for a half-century of civil rights.

    These are still extraordinary words coming from the one justice on the bench who actually attended segregated black schools. But they are not extraordinary words from the man who officiated at Rush Limbaugh’s wedding and whose favorable ratings among black Americans have been clocked at only 32 percent.

    Thomas’ psyche still intrigues those who search for the biography in his opinions. We know Thomas as a man who benefited from the affirmative action he scorns. He attended Holy Cross with a scholarship established for blacks after the death of Martin Luther King Jr. He was accepted to Yale Law School, where a program committed 10 percent of the seats to minorities.

    In their engrossing book “Supreme Discomfort,” Kevin Merida and Michael Fletcher write, “Race is a central fact of his meteoric rise and Thomas has alternately denied it and resented it—all the way to the top.”

    I have no doubt that Thomas sees himself as the victim of racism, and the “racism lite” experienced by many black professionals tagged as “affirmative action babies.” He’s kept the pile of rejection letters received after graduating from law school. At his searing confirmation hearings, he froze the senators in their tracks by consciously describing himself as the victim of a “high-tech lynching.” He also knows that many people questioned his credentials for the Supreme Court.

    There is also no doubt that Thomas is fiercely independent, a prickly individualist. Merida and Fletcher describe his “need not to be typecast, which is a synonym for limited, which is a synonym for inferior.” But his struggle against stereotypes, especially black stereotypes, plays out ironically as a struggle against being typecast as moderate or progressive. He once defended his conservative ideology by saying he refused to have his ideas assigned to him “as though I was an intellectual slave because I’m black.”

    The end result of this “rebelliousness” is, perversely, that Thomas is the most extreme justice when it comes to rolling back civil rights. The result of this “independence” is that he’s the most predictable member of the conservative camp.

    There Thomas is certain to remain. This justice was confirmed by the smallest margin in history. He not only convinced senators that Anita Hill lied, he convinced them that he wouldn’t be a rigid ideologue. Honk if you believe Anita now. 

    At only 59, Clarence Thomas sits on the far right edge. As the court drifts further and further in his direction.

    Ellen Goodman’s e-mail address is ellengoodman(at symbol)globe.com.

    © 2007, Washington Post Writers Group


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By Frank Goodman, Sr., July 19, 2007 at 10:06 am #

Re: #87853 by cyrena on 7/18 at 5:29 pm

You are absolutely right as to circumstances and events. I am looking at this from a different angle. I am quite aware that some sectors of our economy and public life are ahead of others. What I advocate as a Classical Liberal approach is to visit the problem at its source which is attitude, tradition, selfish self-interest, racial and ethnic pride and prejudice. I consider myself fortunate in that I witnessed a vast improvement in race relations in my lifetime. I have also witnessed vast differences in women’s rights, children’s rights, respect for aged, etc. None of this is enough without a cultural shift to a true liberal culture where racial and ethnic differences can be dealt with both in the healthy aspects and the sick aspects. Law can be the bulwark against all kinds of problems, but must be generic rather than specific in its application, but individual in its effect. Black prejudice against white right at the individual level cannot be dealt with at this juncture of the evolution of law, because law is specific rather than general. In Classic Liberalism, it would be as much a crime to discriminate against a white, Christian, English speaking, male, who is handsome and sexy; as it would be to discriminate against a Hispanic, black, Muslim,  Spanish speaking, female, who has buck teeth, is short and ugly.

Classical Liberalism would make that much easier than it is when specific languages, religions, races, genders, ages, and appearances must be identified in the law. So long as laws must be written to protect specific persons, many will go unprotected when they do not meet the specifics covered. When the law is general in its application, prejudicial application cannot be justified, even by a packed Supreme Court.

Believe me, I approve of what has been done as you mentioned, but I know much more could have been done much earlier if Classical Liberal principles had been applied early on. Classical Liberalism does not level ability and earned privilege, but prevents blocking the stairway to achievement to anyone, without regard to race, gender, etc. Classical Liberalism does take from everyone and give to specific persons for general reasons, not racial. I hope that you do not believe that the suffering of one white, handsome, intelligent, English speaking male, is justified to prevent suffering of one blue, ugly, stupid, Esperanto speaking third sex person.

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By Skruff, July 19, 2007 at 9:26 am #
(Unregistered commenter)

Cyrena
Frank Goodman, Sr.
Ardee
Beware of confusing economic systems (Communism, Capitalism, Socialism) with political systems (Despotism, Facism, Democracy, or Represenative-Republicanism)

Economic systems such as communism and socialism fit with democracy and represenative governments as well, sometimes better than capitalism.  and capitalism works under totalitarian governments like Red China’s and Suharto’s Indonesia.

Our business interests have sold many on the idea that unrestricted capitalism is true freedom, when in reality it means changing a political dictator for an economic one.

Not disagreeing with anything you said, just posting a “caution” sign.

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By cyrena, July 18, 2007 at 9:29 pm #

#87647 by Frank Goodman, Sr. on 7/18 at 6:30 am

87647 by Frank Goodman, Sr. on 7/18 at 6:30 am

Dear Mr. Goodman, re: your response to me, about the hiring and other race/employment issues.

I appreciate hearing your experiences from the side of the hiring person. Sadly, this is not new to me, because I’ve experienced much of the same, on the other end.

I noticed that all of these events occurred in California, and over a period of say 10-12 years. I remember those times as well, and I believe that what you describe, are exceptions or anomalies. Or, maybe that’s a stretch, and I should clarify.

California, specifically, has been slightly ahead of the times in race relations, when compared with the larger portion of our country. California was the first state that allowed interracial marriage, back in the mid-50’s. Higher education has been more available/accessible to African-Americans (at least during the time period that you’re quoting) than many other places in the nation, and particularly throughout the South.

So, while you have said that the “legislation” wasn’t necessary, because you would have hired and/or otherwise fairly considered all applicants ANYWAY, based on what was required of the job. What I’ve suggested, is that without the long and difficult roads through the federal courts, by way of Brown v. The Board of Education, and various other legislation that came about through the Civil Rights Movement, you would NOT have had that same pool to choose from. It’s that simple, in the larger picture.

And, while you say these were tumultuous times, (and I would agree), they were the times that brought that legislation about…accompanied by lots of death, blood, and suffering. So, if you thought those times were bad for YOU, they were even worse for the black folks attempting to upend what had become an institution. And, that gain has now been interrupted.

There may indeed by plenty of “good white folks” out there, (like you) who believe that you don’t need legislation to “do the right thing”, but history proves that there are far MORE that will go through leaps and bounds, to make sure that a black person NEVER has the opportunity to accomplish the same level at which he/she has placed themselves. It’s the story of ingrained racism that some people don’t even realize they have.

I would suggest that is exactly why you ran into that problem with your own efficiency report, from your own racist superior, after hiring the very efficient African-American woman. And, unfortunately, that hasn’t changed. It would of course be wonderful, if all could be counted upon, (without legislation) to simply do the right thing. But, 200 years of slavery tells us that well….we needed some changes in writing. Not all people can be counted upon, to “do right” on the own, and while laws may not change the lack of conscience by much of the masses, it HAS made far more possible. At least for a while.

Now, half a century later, it’s looking like those minor gains have been reversed, and we’re back to segregating the races at the level that is the most foundational, which is in education. Because…separate is never “equal”. The imbalance is guaranteed to create social chaos. We’ve seen it all before, and that’s what we’re seeing again.

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By Frank Goodman, Sr., July 18, 2007 at 9:01 pm #

Re: #87798 by ardee on 7/18

I agree with what you say. I ask a question, ‘How do you create a system of election in which 300,000,000 citizens, half-citizens, and quarter-citizens can elect people who will appoint lawyers (Judges)who will do perfect justice in every case that comes before them?’

Also, ‘How can we be fair to non-citizens, when they do not even have a vote?’

My answer is that we can have a system of justice and equality before the law that could be administered by an imperfect system. Even drivers of vehicles have accidents in interpretation of law and estimate of consequences of mistakes. We need not yearn for perfection to attain improvement. We evolved over eons of time. Yet we have made more progress in safety in the past ten years than could be imagined at the time of the plague epidemic. Imagine how the first hominids who ventured out of the Rift Valley in Africa must have estimated their chances in a world already repopulated after the demise of dinosaurs. I doubt that they knew anything about dinosaurs, but they certainly knew the habits of some carnivores they met on the way.

Human history over time deals with the problems over and over. Progress is made slowly and old problems reappear. Classical Liberalism with a conservative flavor is the best route at this time of history. Most progress result from, and most successful systems employ the elements of that concept. Be careful not to confuse a welfare state or affirmative action with Classical Liberalism, even though there are elements of similarity of intent. Communism caused its own collapse. Capitalism may cause its own collapse if it is not accompanied with justice and fair play.

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By ardee, July 18, 2007 at 6:23 pm #

Mr.Goodman,

Thank you for the elucidation and the link. I must , unfortunately disagree strongly with the definition found there (my goodness, disagreeing with Quakers is like shaking ones finger at Ghandi).

The definition cited sounds almost exactly like Libertarianism in its refusal to grant the government a role in protectionism. I believe that is the only role of a government.

The article speaks to a buyer/seller relationship made fair by a court system. But our court system has proven, time and again to be unfair in the extreme, especially when it is the poor against the wealthy. Pro Bono against $600/hr Attorneys , give me a break…..

While we agree on the abuses of our governmental agencies, and their purchase by those they are charged to protect us from, this does not mean that government is useless, only that we need to choose better folks to run it.

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By Frank Goodman, Sr., July 18, 2007 at 10:48 am #

To those interested in Classic Liberalism, I suggest the following link:

http://tqe.quaker.org/2002/TQE035-EN-Liberal.html

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By Frank Goodman, Sr., July 18, 2007 at 10:30 am #

Re: #

#84710 by cyrena on 7/06

Cyrena, I think you miss the most important impact of the intent of the civil rights legislation. You say that without such legislation, I would not have been able to hire on the basis of merit. Wrong! I am old enough to have done that before the legislation. In fact, if you look up the dates, you would find that one of my early acts in my hiring career was ca 1959. I was presented a list of three qualified candidates for a position I had to fill. Had I rejected all, I would have been given another list of three until all available candidates had been exhausted. The original list contained one black woman with experience in the skills the job required, a white woman who was younger and inexperienced, but who had education including a BS in the field of the work. It also included a minimally qualified ex-military person who could have been trained to do the job. I chose the young, white, educated woman. She stayed with the job for one year and quit to get married and left. The position opened up again and I received three more candidates. Included in the list was the same black woman with the experience that I had interviewed originally. I hired her. My superior called me in to his office and asked me why I had hired a ‘Nigger’. I replied that I did not hire a ‘Nigger’, but that I had hired a Medical Laboratory Technician. Fortunately for Della Woodruff, she worked there for over 20 years and retired from that job. Unfortunately for me, my efficiency report suffered and I failed of promotion when my time came. Eventually, I retired from my position, but lower in rank and status than I would have, had I followed my peers from 1959 to 1975.

In another time, ca 1966, I had a position to fill. Again I received three candidates and selected one, another black female with experience, but limited education over several other similarly qualified people. She, too, retired from the position long after I hired her. Ollie Baker retired from that job long after I was transferred and I visited her after I had retired.

In a later time, ca 1971, I had a position to fill. I received three candidates, including one black male with a history in education and guidance. He lacked some of the experience I wanted, but was congenial and seemed to be better motivated than the other two candidates who were white, but similarly qualified. I hired him and about two years later had a confrontation with him over my failure to recommend him for a promotion to a position that I filled with a better educated white female with excellent credentials. He cursed me and called me a white bigot and stated that he “...would be happy killing me.” I had him transfered out of my department and he claimed racial discrimination and filled a complaint against me. The complaint was finally ruled in my favor and against the black male who had been given a chance by me for bigger and better jobs. He was subsequently eliminated from his job and I do not know what happened to him.

You see, legislation is good if it accomplishes the intended result, but in the area of job interviews and hiring, it is full of good intent, but incapable of overcoming racial discrimination and racial abuse by those inclined to use and practice it. The time between 1959 and 1971 were years of turmoil and education in the race relations. More was accomplished by the education process than by the legislation. Those of us who did not discriminate never needed the legislation, but those who did not themselves qualify for the positions of decision they held, may need laws to keep them in line. I do not. I adhered to the intent without the threat of punishment if I don’t. Yet, I was a victim of racial abuse by my boss ca 1959 before legislation, and by Mr. Gr—-s, in a fit of racial reaction ca 1971 after legislation.

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By cyrena, July 17, 2007 at 11:05 pm #

#87558 by Frank Goodman, Sr. on 7/17 at 5:57 pm

Frank, just a quikie to say that I very much appreciate your response to Ardee. (It was helpful to me as well, in sorting through the various terminology, since there is so much NOW, that doesn’t mean the same as it did when it was introduced to the English language.).

And, if Classic Liberal is what you describe here, (as your own persuasion)I’d say that it pretty much follows the same track that I live, and have tried to do inspire in all of the youngsters. It seems to have worked well, since they are great young citizens now, and we need them. Now they can all identify themselves as “classic liberals”, and be able to explain, exactly what that means, which is pretty much what we’ve been teaching them all along.

Thanks.

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By Frank Goodman, Sr., July 17, 2007 at 9:57 pm #

Re: #84616 by ardee on 7/06

Ardee, you are confused by the label Classic Liberal. You may recognize some of the historic terms that have come into disrepute as Classic Liberal, but which are not. First I bring up Libertarian. In the extreme, Libertarian means people do what they want to without interference. Of course that is an invitation to disaster for the weak and unprotected.

Next I bring up Laisez Faire. That means leave people alone. That too, has gotten out of hand. It can be extreme and anti-social. It was used by the Communists to describe Capitalism gone awry.

Next I bring up Conservative. That means preserve what is good and reject the bad. It is like making raisins out of grapes to conserve them for later use. Also, it is like in strawberry preserves to conserve their goodness against spoilage. Conservative is the closest to Classic Liberal. Don’t be deluded by the term liberal. Lassez faire, Libertarian, and nudism are all liberal in the sense of unlimited freedom to do what one wants to do.

The term classic as applied to liberal means the original intent of the freedom drive. It means, leave people alone, but protect the weak and incompetent from damage by their own hand. It is somewhat parental, but mostly freedom loving. It says, “Play carefully, live carefully, and be fair.” It allows innovation, but not reckless experimentation. It allows one to mimic better behavior, but not to promote crime in the guise of protection. Classic liberal is classic as in original, and liberal as in freedom. I am aware that liberal, like ‘gay’, ‘queer’, ‘damn’, ‘s—t’, ‘f—k’, and a whole lot of words that are no longer used in the sense they were originally introduced into the English language. I am sure other languages have the same problem. Democracy has introduced some biased terms, and some distorted concepts of freedom. Classic liberals would bring back the original intent, but not the original mistakes associated with uncontrolled behavior.

A child should be given enough freedom to learn and to benefit from a variety of experiences, including the pain of hard lessons. But, a child should not be given everything she wants. That is liberal, but not classic. Children should be taught cooperation and sharing, but not to give away all that is theirs. People need compassion, and understanding, and a liberal environment to apply the concepts of equal rights, justice, and cooperative protection of individual rights and prerogatives. That is Classic Liberal to me.

You can Google the term for other views. You can also apply your own mental powers to parse the use of the term. You should note that Fascism is an extreme right position of conservative that takes away individual freedom and choice. Communism is an extreme left position of liberal that takes away from the productive and gives to the lazy. Capitalism allows the lazy to control wealth and the productive to be inventive all for a profit. Unfortunately, though all are liberal to some, none of these are liberal in the true sense of the word, or should I say the ‘Classic’ sense? Communism would divide the pie into equal slices. Capitalism would divide the pie into slices according to contribution and wealth. Fascism would deny slices to some, but give bigger slices to the biggest bully. The Classic Liberal would give the biggest slices to the one who contributes the most valuable services and the smallest slices to criminals and misfits who contribute nothing at all or take more than they make.

I hope this is a clear presentation of what Classic Liberal means to me. You be the judge of what it may mean to you, but please don’t call me an asshole because I care about everyone, but want to reward the most productive risk takers and protect the freedom of all with justice and fair play.

Sorry, I took so long to comment, but I do not spend much time here.

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By Dan Uu Noel, July 17, 2007 at 9:04 pm #

I’ve been honored with my first ad hominem attack on this blog (#87150, by Hondo}!

I respectfully offer an apology to the blog for summarily referring to federal courts as packed with “idiots” from the extreme religious right. Indeed, after all, Justice Scalia has proven beyond reasonable doubt that he is no idiot. Religious right members, to be accurate, are idiotic, ignorant, or hypocritical.

Through his silly attacks on basic science, Hondo indirectly confessed his sad lack of knowledge, intelligence or sincerity. May he found the path to some public library some day…

Now, Hondo’s statement that my contribution would ridicule the biblical story of creation and criticize Christians is preposterous. The biblical creation myth, like similar stories from other traditions, is, of course, not real; this does not make it ridiculous, and many lessons can be, and have been, drawn from it by generations of theologians. Fundamentalist theologians consistently select the bits and pieces that fit their agenda of fear and even build fairy tales complete with dates and times of spontaneous creation. On the other hand, liberal theologians take the whole story as a single, whole and consistent piece of inspiration and subject their interpretation to the rule of reason, to science, and, let’s confess it, to a spirit of love.

Hondo’s $250K reward for proving biological evolution belongs not to me, but to the heirs of the loose group of English schoolteachers, pastors, librarians, civil engineers, etc., who discovered it more than 200 years ago, as they filed, reviewed and compared fossils found in the hundreds of deep trenches and tunnels dug for the industrial revolution, and as they delivered it to the community of biologists as an “uncomfortable and enigmatic truth”.

Love,

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By Hondo, July 15, 2007 at 11:29 pm #
(Unregistered commenter)

To Dan Uu Noel—

1. Abortion is pre-meditated murder. An unborn baby is killed by each abortion. That is scientific fact, which no amount of liberal lying can obfuscate.

2. Homosexuality is a choice. I say that because, so far, there hasn’t been one single REPUTABLE scientific study which has proven a genetic cause. I feel confident that, if in fact homosexuality was genetic, science would have proven that. Unless you can show me a scientific study that proves homosexuality is not a choice, you should really pipe down with your criticism of Christians.

3. Your ridicule of the story of creation, as told in the Bible, identifies you as a believer in the secular, pseudo-religion of evolution. As the scientific evidence against evolution continues to mount, I am always amazed at those who continue to cling to the theory. I’ll do you a favor, though. Go to http://www.drdino.com/articles.php?spec=67?pg=250k and take the $250,000 challenge. Present the scientific evidence “proving” your cockamamie ideas about evolution and collect the 250K.

If you win, will you split it with me? I’ll be waiting in breathless anticipation!

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By Dan Uu Noel, July 12, 2007 at 1:01 pm #

Thomas’ output is only a symptom of a much wider problem: the progress in the takeover of the federal government by the extreme relegious right. This process has given us plenty of arrogance, incompetence and hypocrisy, resulting in silly wars, curtailed civil liberties, huge debt, stiff devaluation, etc.

Now, there are solutions. In just about every other Western industrialized democracy, civil rights are legislated; judges don’t enforce them [OK; in many places, they don’t have the power or the independence to enforce them!]. So Congress and the president can always pass laws that even justice Thomas will accept.

And if, some day, Congress is getting fed up with courts packed with idiots who see abortion as a premeditated murder, homosexuality as a choice, and the universe as a 6,000-year old creation by God, the federal constitution gives them a way to fire Thomas. As Ellen Goodman states, his actions on the bench bear little relation to his hearings, so more than one member of Congress would gladly reverse his or her vote, just like they are starting to do over the Iraq war.

Thinking of it, firing Thomas and Scalia would make the current court just about balanced, with Alito and Roberts as the out-of-touch extremists.

Love,

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By tommo, July 10, 2007 at 3:47 pm #
(Unregistered commenter)

The Shrub’s ONLY accomplishment: getting to five, sh!thead, Catholic, old-fart ignorant old men on the Court.

This confirmed it.  The Shrub is the anti-King Midas.  Everything he has ever touched has gone to sh!t.

Or does The Shrub have dual citizenship with Israel like many of his cronies?  Internal sabotage offers a tempting explanation for the fact that so much has gone wrong for the United States since 2001.

Was Bush’s refusal to search for bin Laden in his nation of residence the result of spectacular incompetence-or a continuing alliance with the same Islamists his father’s presidency had armed and funded? Are we losing the wars against Afghanistan and Iraq because of Rumsfeld’s stubborn insistence on understaffing the military? Or are our leaders intentionally dragging out combat to accomplish their masters’ aims: increasing the popularity of radical Islam and the recruitment of terrorists? Even Bush’s domestic policies, from tax cuts paid to the rich people least likely to stimulate the economy to his attack on Social Security, seem designed to undermine U.S. stability and prosperity.

Outing a covert CIA agent?

Was Bush crossing his fingers when he swore to preserve and defend the constitution?

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By Hondo, July 10, 2007 at 3:11 pm #
(Unregistered commenter)

There’s hope for you yet, Skruff! I’m going to go crack open a cold, refreshing Leinenkugel and celebrate this mini victory!

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By ardee, July 9, 2007 at 8:55 am #

#84991 by Skruff on 7/08 at 4:13 am


So Skruff, are you asking me to root for prostate cancer?.........hee.

I, too, believe that Hillary Clinton will be the nominee of the Dems, too much money, too large a power base, perhaps with Obama as VP candidate?

I am less certain that Thompson will be the GOP shill, err nominee, but we know about actors and the Republican Party….I think there is much in Fred’s resume that will shoot him down abruptly, as example, twelve years in the Legislature in which he did absolutely nothing.

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By Skruff, July 9, 2007 at 8:49 am #
(Unregistered commenter)

85215 by Hondo on 7/08 at 7:23 pm

“The Louisville busing case just decided didn’t “overrule” Brown; it reaffirmed it!

And that’s a good thing!”

Hondo… we agree on this,  That scares me!

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By Hondo, July 8, 2007 at 11:23 pm #
(Unregistered commenter)

Ellen Goodman trots out the normal liberal lies in her latest screed. Let’s deconstruct those lies one by one.

1. “Let me wish the Supreme Court justices a fond farewell as they set out on their summer vacation. We can all rest assured now that they won’t do any more damage until the first week in October.”—-What damage did the Supremes do? They ruled that liberal school boards cannot stand in the schoolhouse door and prevent black students from attending their school of choice. Sounds like a good thing to me!

2. “One of the last things the court did on its way out the door was to strike down the voluntary integration plans in the public schools of Seattle and Louisville. The plurality had the gall to invoke the famous desegregation decision, Brown v. Board of Education, to justify rolling back integration.”—- The Supremes didn’t roll back integration. They allowed black parents to have more of a say in the education of their children. What’s wrong with that?

3. “One sentence leaps out of the footnotes: “Nothing but an interest in classroom aesthetics and a hypersensitivity to elite sensibilities justifies the school districts’ racial balancing programs.” He trivialized the values of diversity as a matter of aesthetics and closed with a warning: “beware of elites bearing racial theories.” So much for a half-century of civil rights.”—- No, Ms. Goodman, Justice Thomas didn’t trivialize anything. He just said that it’s more important for parents (of all races) to be able to send their kids to the schools they want than it is for simple-minded liberaliars to arbitrarily mandate “color schemes” in the name of diversity. Again—what’s wrong with that?

4. Ms. Goodman uses the phrase “rolling back civil rights” several times in her column. That is a bald-faced lie. The cold hard truth is that black children were being denied access to the schools they wanted to attend by white liberaliar school board members. These school board members, or, as I like to call them, the “plantation owners,” wanted to keep the black children in their “proper place” in order to further the “diversity agenda.” That’s no different from the plantation owners of the 19th Century who desired to keep their Negro slaves “in their proper place” in order to further the “cotton picking agenda.”

The Louisville busing case just decided didn’t “overrule” Brown; it reaffirmed it!

And that’s a good thing!

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By Skruff, July 8, 2007 at 8:13 am #
(Unregistered commenter)

84883 by ardee on 7/07 at 3:40 pm

“...that those on the left there are also the eldest…...”

While Justice Stevens is the eldest,(87) and Ginsburg is second eldest (74) Antonin Scalia is not far behind (71) and Kennedy is (71)

Predicting retirement based on age at the supreme court is a poor bet. Reagan picked justices by age hoping to influence the court for decades, but his first woman choice retired at 77, while JP Stevens is still sitting, and reportedly in good health. 

Women worrying about future court vacancies can be heartened to learn that while the life expectancy of women is increasing, the life expectancy of men is stagnant. Prostrate cancer is likely to get at least one of the male justices, and heart problems another… after 50, age is a crap shoot. Then there is always REVENGE. two of LBJ’s justices were forced to resign (both jewish coincidently) and the older Democrats are still smarting from that.

If Democrats get off the pot and nominate a candidate acceptable to a majority (something they have extreme difficulty doing over recent history) there may be a VERY different Supreme Court in ten years.

My bet is the D’s will nominate Hill-the-Business-Shill and lose the general election to a Republican actor.

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By cyrena, July 8, 2007 at 12:58 am #

#84798 by Dale Headley on 7/07 at 10:08 am

Very good question from you Dale:

.....“but when does Anita Hill get her self respect back after being metaphorically raped - twice - by a small-minded Uncle Tom and a cowardly Democratic senator - Joe Biden?”.....


Therein lies the question for Anita Hill, and all of those who have been similarly slandered and smeared, or otherwise had their personal and professional lives destroyed.

These people think that we do not remember these things, but memory is something that we retain, particularly when the damage is so grotesque.

George keeps harking to all of the “misery” that poor scooter has needed to endure, along with his family. As if we really care, when we see and know the people that continue to suffer from these warped ideologues; The true victims that continue on, despite the wounds.

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By ardee, July 7, 2007 at 7:40 pm #

The Supreme Court once had a reputation for causing supposedly agendised appointees to suddenly rule with surprising evenhandedness and farsightedness. I believe, without resorting to a search engine for corroboration, that Earl Warren was such a person.

A life long Republican, District Attorney of the county in which I currently reside, Alameda, three time Governor of California and almost a Vice President, remember the headlines, Dewey Wins…oops.

Appointed by Eisenhower precisely because he was a rock solid conservative, Warren is arguably the single most important Justice to ever serve on that court and was pivotal in several very important decisions, including Brown v Board of Education. Eisenhower once called Earl Warren “the biggest mistake I ever made”.....hee.

Ive very little hope, however, that our current crop of agendised Justices will have the wisdom of an Earl Warren to act in the best interests of all Americans. The real dilemma, as if that Court could get in worse trouble, is that those on the left there are also the eldest…...Little hope that a Democratic President, even one serving two terms, will have a chance to rid the nation of the likes of Thomas, Roberts, or Alito.

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By Skruff, July 7, 2007 at 6:52 pm #
(Unregistered commenter)

84766 by Enemy of State on 7/07 at 7:44 am
For all those who like to claim that there is no difference between the White House being occupied by a D or an R, this should handily disprove that notion:

Yeap The Repubs sure pick lousey judges:

William Brennan (Appointed by a Republican)
Earl Warren     (Appointed by a Republican)
Harry Blackmun   (Appointed by a Republican)
David Souter   (Appointed by a Republican)
John Stevens   (Apointed by a Republican)
Byron (Wizzer) White   Kennedy

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By The Old Hooligan, July 7, 2007 at 5:06 pm #

The Supreme Court is nothing more than a thinly-disguised puppet of the Right. Roe v. Wade will be overturned one of these days, and on that day the back alley “doctors” and wire coathanger manufacturers the world over will surely rejoice.

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By Dale Headley, July 7, 2007 at 2:08 pm #
(Unregistered commenter)

Clarence Thomas got where he is, in part, by denigrating an honest and accomplished black woman.  He now sits on the highest court in the land; but when does Anita Hill get her self respect back after being metaphorically raped - twice - by a small-minded Uncle Tom and a cowardly Democratic senator - Joe Biden?

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By ardee, July 7, 2007 at 11:51 am #

#84766 by Enemy of State on 7/07 at 7:44 am
(47 comments total)

For all those who like to claim that there is no difference between the White House being occupied by a D or an R, this should handily disprove that notion


You know, Enemy, this is the most reasonable argument I have seen yet for the election of democrats to office. The one weakness I can find is that there were democrats present during the confirmation hearings of Thomas, Alito and Roberts, yet we saw no filibuster against their obvious agendised legal opinions, their history of such in their working lives nor much of any attention by democrats…...so where is the beef?

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By Enemy of State, July 7, 2007 at 11:44 am #

For all those who like to claim that there is no difference between the White House being occupied by a D or an R, this should handily disprove that notion.

  Hopefully things are not as bad as thet seem right now. It has been notoriously difficult to pack the court. Many judges follow logic/precedent rather than the ideology that they were selected for. We did at least have the Global Warming decision, which went against the right.

  Frank, I felt similarly to you about the bussing issue. It seeded to me to be a particularly painful (for those bussed) way to address the problem. Hopefully we will not see a return to separate-but-equal. Giving voters a chance to remove SC justices on short intervals would remove their independence, they would likely be seriously affected by whatever fad is blowing in the wind.

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By cyrena, July 7, 2007 at 4:39 am #

#84721 by Jacks on 7/06 at 11:08 pm

•  What the right wing did to Anita Hill was the most foul smear campaign not only targeting her gender but also her race.

I remember this with the same horror every time I’m reminded of it. It was despicable. And the reverberations have extended to more “Anita Hills” or maybe her sisters would be a better term. Many other women of color have suffered these same indignities and smears under the same mentality, which is still perpetrated to this day, especially in the South. There are still more of the Clarence Thomas types out and about, and wrecking havoc, not just from the bench.

•  Thomas then claimed the investigation to see whether he harassed her (which considering his love of “Might is right” would not be out of character) was the epitome of injustice, enough to qualify as a virtual hate crime.

Actually, he DID harass her, and not ONLY her. He was then (and it’s hard to imagine he’s changed) a pervert, and that’s on top of all the other things you’ve mentioned.

There’s an excellent book on him, written back within a few years of that entire fiasco of his confirmation, and the destruction of Anita Hill. The title is “Strange Justice”, and I don’t remember the sub-title. It is authored by two women, but I don’t remember their names. (lots of stuff I don’t remember). But, it’s an excellent book, and I’m sure you can google it.

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By Jacks, July 7, 2007 at 3:08 am #

Clarence Thomas reminds me of that Chappelle show skit where a blind white supremacist is interviewed spewing the most racist bile and yet no one has the heart to tell him that he is black himself.

Thomas’ angers stems from his sense of victimhood and yet he mocks actual victims of discrimination all the while draping himself in martyrdom.  What the right wing did to Anita Hill was the most foul smear campaign not only targeting her gender but also her race.  Thomas never once condemned that campaign; instead he befriended the attackers (Rush, especially).  Thomas then claimed the investigation to see whether he harassed her (which considering his love of “Might is right” would not be out of character) was the epitome of injustice, enough to qualify as a virtual hate crime.  He claims racism is alive and well to quiet dissent, yet racism mysteriously disappears when it involves others.

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By cyrena, July 7, 2007 at 2:03 am #

For Frank Goodman Sr,

I am definitely with you on the ballot “option to remove” members of this court.

On the rest though, I think that we cannot so quickly dismiss the importance of diversity in our society. I don’t dismiss the sometimes negative effects of what is termed as “social engineering” or in this case, as Clarance would say, “coerced desegregation”.

However, we have this long history that can’t really be overlooked, of serious imbalance, based on race.

The major atrocity here, in this decision, is that we have undone a half-century of work, work that has allowed you to be “color-blind” in your position of hiring people on their merits alone. In other words, without the legislation that came from these very same issues a half-century ago, you would never have had such a pool of applicants to choose from, and KNOW that they were indeed equally qualified.

I could not have happened. That’s always been one of the fundamental points of it all, including Brown v the Board…In short, SEPERATE can never be “equal”.

This decision makes me terribly sad, for all the reasons that Ms. Goodman says in her piece. It literally undoes over a century of civil rights legislation, taking us back to the stone age.

Justice Marshall has to be kicking and screaming in his grave. I’m pretty damn disgusted myself, though not even surprised. Clarence Thomas is a seriously sinister character, (sociopath in my estimation) and so this comes as no surprise.

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By ardee, July 6, 2007 at 7:23 pm #

Mr. Goodman,Sr.
You began this thread by calling yourself a “Classic Liberal” as opposed to a “welfare liberal”. I havent a clue what you meant by any of that but your increasing rants make it more obvious that the liberalism you claim to enjoy is far from evident.

As to “enforced integration of schools” one must look only at the demographics to understand why affirmative action is still so very, very necesary in this nation. Poor neighborhoods have consistently poor schools, and I mean by that poor educational opportunities. Most poor neighborhoods are still predominately inhabited by persons of color. Thus the gulf widens and poverty is regenerated through the generations. One cannot see integration of neighborhoods by legislative order but one can certainly integrate schools and thus increase the educational opportunities for our poor.

We do not have, by any stretch of the imagination, even to a so-called classic liberal (what the hell is that anyway?) a level playing field. Until we do I favor any method necesary to achieve a more balanced educational opportunity for all our children.

As to the public election of Supreme Court Justices, heaven help us all. There is a very good reason why they are elected for life, though Rove seems to have gotten ahead of the curve on judgeships and their importance. Nevertheless I do wonder if impeachment can be entertained on the basis that Roberts and Alito lied like rugs about the importance to them of precedent, having overturned rulings decades in the past. Isnt that precedence?

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By richard kobzey, July 6, 2007 at 7:23 pm #
(Unregistered commenter)

Since the conjoined affairs of Ronald Reagan and Pope John Paul II, Catholic Justices have taken over the Supreme Court in an unprecedented twenty years.  Justice Scalia was the first Catholic Justice appointed in thirty years, now relatively suddenly in the Supreme Court’s history; Samuel Alito is the fifth Catholic Justice out of nine Justices on the US Supreme Court.

Can you say “five to four”?  I expect more…

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By ~B~, July 6, 2007 at 6:42 pm #

As a couple of you are discussing, I’m not sure exactly how to make Judicial voting efficeint. Judges do need a certain level of independence.

Appointments do not make independent judges, in general. Specifically, SCOTUS appointments give a presidency FAR to much power. This system allows bad presidents (who are about all we get) to make their influence felt for decades in some cases. It also is open to play. Partisan justices won’t retire until a president of the right party is around to appoint their replacement for example.

That’s the point, this nation needs a new path. A drastic new path. It’s time to stop claiming to be a nation “of the people, by the people, for the people” and start being one.

B

http://b-political.blogspot.com/

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By live_and_let_live, July 6, 2007 at 3:47 pm #
(Unregistered commenter)

In India certain percentage of seats are reserved for historically discriminated classes of the society. At the end of those 10 yrs, nobody removed the privileges because some thought that the discriminated classes did not gain enough ground to warrant a removal and others were too scared to lose the votes from those backward classes. So it continued and still exists to this day.

It also doesn’t make sense to rob Peter to pay Paul, which is exactly what reservations of any kind will do. It also doesn’t make sense for the current generation to pay for the crimes of past generations.

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By rodney, July 6, 2007 at 3:24 pm #
(Unregistered commenter)

As Americans we got what we deserved. Goerge Bush was reelected. All the folks that were worried about lies and fearmongoeing now have to live with repealing of Brown vs Board of education,Roe vs Wade the voting rights act and most of the constitutional amenments that will be whittled away to nothing. So America as we was it in the past three decades will no longer be for the next three decades. Welcome back 1940

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By Skruff, July 6, 2007 at 3:23 pm #
(Unregistered commenter)

Frank Goodman, Sr. on 7/06 at 8:53 am

“I am for more democracy, not less.”

Most folks who say this haven’t a clue what real “democracy” entails. Since I do not know you, I have no idea if you are aware that true democracy requires “the public” to be involved in every decission.

We are a representative republic which is a system where people hire folks to represent them when the decissions are made. IMHO It’s a clumsey self-serving process where folks with a minority view get short shrift. We see the dangers of this system clearly when folks like Bush II, Clinton, Bush I and Reagan take control of the governmental switches. Minority voters get squished, The consumers of goods (many) are favored over the manufacturer’s workers (few). So we get NAFTA, CAFTA, WTO, and abomitable alliences with countries like Pakistan, and most favored trade agreeements with countries which use prison labor.

At this point folks dream of “democracy” or pine for “the good-ole-days”

We’ve been talked out of just about every part of America that is good for workers. We’ve allowed our unions to be taken over by crooks, we’ve bought into “term limits” as another bumper-sticker band aid ignoring the fact that we are in posession of the best “term limits” ever and we exhibited that form last November. We allow politicians, fed by corporate contributions, to tell us we are Xenephobic or racist because we are not infavor of allowing 12 to 20 million folks, who will work for less, to enter the country illegally.

I’m not going to repeat my dislike of the people selecting judges. There are too many instances where this would just be a very bad idea…. but in a way we did select these judges.  We put the people who appointed, and confirmed them into office.

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By Frank Goodman, Sr., July 6, 2007 at 12:53 pm #

Re: 84500 by Skruff on 7/06

Wrong. It would certainly work against those you love as well as those you hate. Even very moderates may fall to the citizens ax. Earl Warren would not be protected, and maybe Clarence Thomas would be, but the citizens should have an opportunity. Nobody is entitled to a place on the Supreme Court. We retire every president after two terms and sometimes after one. God has taken a few out of office early. I am for term limits for all public offices. There are enough candidates to fill any vacancy created by law or fate.

My favorite may not be yours and yours not the favorite of the next voter. But, the voters should have a veto over the President and the Senate. I would like to see a place on the midterm ballot that asks the voter if the current President is acceptable for the rest of the term, if not, the Vice-president should step up and the President down. A similar vote for the Vice may elevate the Speaker of the House.

I am for more democracy, not less.

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By Skruff, July 6, 2007 at 12:16 pm #
(Unregistered commenter)

84468 by Frank Goodman, Sr. on 7/06 at 7:14 am

“I advocate a regular opportunity to remove Supreme Court members every two year in national elections.”

From horrible incidents come bad laws. Had a law like the one above been in effect in 1963/4 Earl Warren would have been removed, and possibally William Brennan as well. So we would be even further behind tan we are today.

Judges need independence I accept a Byron White, Clarence Thomas,  John Roberts, Bill Rehnquist,Tony Scalia,Sam Alito, and even a Roger Brooke Taney in return for Thurgood Marshell, William Brennan, Earl Warren, William Douglas, David Souter,Louis Brandeis and Oliver Wendell Holmes.

The California Supreme Court was decimated some years ago because California bought a tidy advertising package sponsored by conservative xtians. They removed judges sensitive to enviornmental and social issues and replaced them with right-wing idologues.  So be it, Californians do what they do, and under their law they have the right to boil themselves in oil. BUT the rights of minorities also must be protected under our Constitution. That will happen even less frequently than it does now under a justice removal plan.

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By Inherit The Wind, July 6, 2007 at 11:16 am #
(Unregistered commenter)

There’s not doubt that Clarence Thomas is probably the least qualified justice since William O. Douglas (who wasn’t even a judge.)  Fierce independence? From CT? How many times has he EVER deviated from Scalia and the late William Rehnquist( WR deviated from Scalia and Thomas more!)?

The solution is to impeach Antonin Scalia on corruption charges and deliberate bias.  You can’t impeach a justice for his opinions without damaging a free society, but you CAN impeach him for refusing to recuse himself in a case where he was clearly biased to one side—remember him shooting with Darth Cheney before voting on a case involving Cheney?

Both Scalia and Thomas should be impeached for their participating in the vote that made George W. Bush the President, despite Al Gore winning the election and the Electoral vote (because Florida was cooked-Gore really won there).  Both Scalia and Thomas were pre-biased.  Scalia’s son was working for the Republicans, but Thomas’s WIFE was vetting appointments for Bush when the decision was made. Clear conflicts of interest.

I only hope Justice Stevens survives until a Democratic President is inaugurated.

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By Frank Goodman, Sr., July 6, 2007 at 11:14 am #

Re: 84344 by THOMAS BILLIS on 7/05

I have looked carefully for the comment by my son, Frank Goodman, Jr., but I don’t find one. If you mean mine, leave out the epithets. You should read more carefully. If you want justice, you can have it, but it must be color blind, and reasonable, not shaded with racial preference or social engineering.

I battled prejudice all my life, both on the receiving end and on the front end. I have had to weigh candidates for job positions who were fairly equally qualified but of different race or gender. I never fudged one way or another. I have hired blacks from a field of both races, and women in a field of both sexes. I never knew if a candidate was ‘gay’. I am sure that I have hired some ‘gay guys’ and some ‘les women’, but I will never know because none of them were required to reveal its private affairs to me. I could distinguish, usually, between blacks and whites and between Asians and others, but sometimes was not sure. One person looked black, but was 3/4 European stock. She counted as white on the statistics because she wanted it that way. Another was 1/8 black and 7/8 white, but was counted as black because that was the way he wanted it.

Each was rated for performance, not racial content of his ancestors. I rate George Bush on his performance not his race, or loyalties. He stinks.

I advocate a regular opportunity to remove Supreme Court members every two year in national elections. Each should be listed on the ballot with the question, “Should this member of the Supreme Court be removed?” If a simple majority of the people vote “yes”, he or she should be replaced for the next session of the court. Reappointment should be prohibited within ten years. This should apply to every federal bench judge as well. No campaign for or against removal should be permitted and no political support tolerated.

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By jbart, July 5, 2007 at 9:31 pm #
(Unregistered commenter)

This court is, beyond, slanted. Clarence Thomas being a member of it, reflects the lows that it has become. He never earned, nor desrved consideration to sit on it, but got in through politics and race. We’ve allowed affirmative action to permeate our highest court, the Supremes. Disgusting when it occurred, and disgusting 16 years after the fact. I don’t give a crap of his sexual harrassment stuff. He is not now, nor ever has been, qualified to sit on our nation’s highest court. The decision to “dismiss” past precedents and vote in favor of schools reflects his character re: the Afro-Americans/minorities plight. But, he’s not alone. They/the SUPREMES(right wingers) now have the majority opinion going forward, on many important issues. When we elect a President, we all must realize that the true problem of this is the election/selection to the Supremes. Nothing is more important to our future society than Supreme Court decisions !! Their age (reflecting the time of their respective retirements) must be understood when voting for Presidents. It is, probably, the MOST, important issue. Lifetime jobs, when provided, (Roberts is a good example) cannot be easily undone, in accordance with our Constitution. Please all be ware of this potential when voting, now and in the future. It’s not the economy, stupid, it’s the Supreme Court that truly matters.

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By THOMAS BILLIS, July 5, 2007 at 9:27 pm #
(Unregistered commenter)

The only bigger idiot than Thomas is Frank Goodman Jr whose comment I just read.Where to begin.If racism were a thing of the past in our society obviously we would need none of these programs but can you rationally say that a blcak and white man going for the same job on Wall Street deal from equal positions.I agree that if all things were equal all people in our society should move forward on tyheir own merits.But when the white man has to run 100 yards and the black man 110 yards in the race it is up to the law to make the race equal.Even if you beleive that Thomas is a great legal mind he would never be where he is without these programs that level the playing field.It works for the benefit of the white as well as the black children who go to racially diverse schools the white are less apt to be racist themselves.I could go on and on but I must run to my dictionary and find out what being a classic liberal means.

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By ~B~, July 5, 2007 at 9:27 pm #

What are we to do? We have no say in their appointments, the job is for life, there is no real recourse to remove a Justice, they have a strong block now of 5 whackos to 4. The 5 nails in the coffin of what this nation used to stand for. The rate at which precedent has been disregarded is, well, unprecedented.

It is just one more manifestation of this administration which is itself just one more manifestation of RAMPANT business and wealth concerns. Business and wealth have dictated this nation’s policy for FAR to long while growing stronger with every extra billion they bilk from the taxpayers.

Once our revolution was over, the ideals were found to be the last casualty. Many of the founding fathers who spoke so eloquently for liberty and a government of representation—quickly became federalists who worked fervently AGAINST representation, against common rights, against states rights, against the very people who had suffered so—the population.

As time went on this became worse. Eventually even Patrick Henry joined the Federalists. The struggle over the Constitution sheds some light on the affairs of the day. Particularly, the Federalist and Anti-Federalist papers and the transcripts of the various ratification conventions.

If more people were to read up on what actually took place rather than spewing their parties propaganda maybe we wouldn’t be in as much sh## as we are now.

Here’s a link to some of the documents mentioned above [this link is to the index page - the site isn’t organized the best but it has a great collection of documents]:

http://press-pubs.uchicago.edu/founders/indexes/indexes.html

Here’s another link to some of the documents in question [the link takes you to Cato 5 one of the Anti-Federalist - it is scary how prophetic]:

http://www.constitution.org/afp/cato_05.htm

B

http://b-political.blogspot.com/

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By Frank Goodman, Sr., July 5, 2007 at 9:02 pm #

As a Classic Liberal, rather than a welfare liberal, I agree with the court’s decision in the race laced decision. There are differences among racial discrimination, racial incrimination, and racial recrimination. As an attempt to cure discrimination, racial preference is not the best way to go and it is time to go to a race neutral position in these matters.  racial preference was the way chosen in the past, but at this time of our history in the race relations blacks should no longer be coddled. Let them take the rest of the journey on their own merits. We have pointed the way. They have to walk that road with a mature sense of values and understanding of the responsibility. The courts of our land are open to them. Open the courts, but stay out of their lives.

I will always come down on the side of no discrimination. I will never come down on the side of tokenism, coddling, or social leveling. The constitution must be color blind and gender neutral.

I believe that the real discrimination on the basis of age is the next fight. Infants have no vote. I say that they have a right to vote, if they are citizens. I also say that the best minds to vote on their behalf are the parents and in the case of the mentally incompetent it is the guardian. Immaturity and mental incompetence is no excuse to disenfranchise citizens. Just as there is abuse now, there is the opportunity for abuse by adult surrogates. Deal with it.

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