Bunker Mulligan "Let us endeavor so to live that when we come to die even the undertaker will be sorry." ~Mark Twain

November 23, 2004

Justice Breyer and the Constitution

Filed under: Government — Bunker @ 9:09 am

E. J. Dionne Jr. has an article in the Washington Post about “conservative judicial activism,” Talking Sense On Court Choices. He speaks about lectures given by Justice Stephen Breyer which “offered a bold challenge.”

…the current trend among conservatives is to read the Constitution as sharply limiting the ability of Congress and the states to make laws protecting the environment, guaranteeing the rights of the disabled and regulating commerce in the public interest.

Both Breyer and Dionne seem to believe the Constitution is not what the Founders intended–a mandate for limiting the powers of the Federal Government. Breyer wants it to be more like a subsection of Federal Law.

Breyer’s master concept is “active liberty.” He argues that the point of our Constitution is democracy — to guarantee “the principle of participatory self-government” that gives the people “room to decide and leeway to make mistakes.”

That is exactly what the Constitution was written to prevent. The Constitution is quite clear in how participatory self-government can be used in the Federal system–by Amendment.

I doubt the man is stupid. But I think his mind has been clouded by all those years in court practicing law rather than studying the Constitution and the writings of its authors. He wants the Courts to decide constitutionality issues based on what the Justices believe the people want. The Constitution does nothing to limit, as he says, the ability of States to make the laws he describes. And the Constitution specifically mentions regulating commerce as a funtion of the Federal Government.

Will judges invoke their own narrow, ideological readings of the Constitution to void progressive legislation? Or will they join Breyer in viewing the Constitution as a framework that “foresees democratically determined solutions, protective of the individual’s basic liberties”? The fight over judges is not about politics, narrowly conceived. It is a struggle over what kind of democracy we will have. Breyer has helped us understand that.

I don’t think Breyer really understands. Or he chooses not to.

Homespun Symposium

Filed under: Society-Culture — Bunker @ 8:01 am

The division in this country is overblown. It is a political construct. The only social or cultural division lies with those who are passionate about some topic or another, exclusive of almost any other. Those topics run the full gamut including immigration reform, gay marriage, elimination of the IRS, universal health care, and Social Security changes. And most people have views on all of those things–and few latch on to any one as their personal crusade. So, the divide is not nearly as dramatic as reported.

The real divide, if there is one that can be qualified, is that between those who are committed to individual responsibility and freedom, and those who are inclined to associate everything with groups. Boy do we have groups. I don’t care what your particular interest, pain, desire, or social status, there is a group out there wanting you to join. I actually heard a commercial on the radio this morning from the Heart Failure Society. I’m not sure, but I don’t think it is a lonely hearts club. But people will join. Emotional support, you know.

That is the real divide–those who need continual emotional support, and those who don’t. Those who need to be in a crowd, and those who view crowds as confining. Funny how that breaks down along the lines of Red/Blue in the election. Let’s simply look at the extremes. The high-brow social societies of old money live along the northeast coast. The glitterati of Hollywood and the recording industry pack a punch on the west coast.

Is this important? Can it be healed? No. No. It is part of what makes this country unique. I am free to be an individualist. Others are free to be associated with as many groups and organizations as they have time for. I can skip the Academy Awards ceremony. Others can’t. Still others wouldn’t dream of missing it.

And bloggers will have little real influence on the division. We can be a forum for discussion, and we can point out the good and bad we see in MSM, and some of those more talented bloggers can turn a phrase in just the right way to make people take a second look at their own perceptions. But our numbers are few in comparison to the discourse. People tend to read things they agree with and avoid the opposing view. In spite of my belief that I give ear to the other side, I avoid most contrarians myself. The ones I pay attention to are ones who have shown over time they are not blind followers of some idea. Jesse Jackson and Jerry Falwell–and bloggers who view the world as they do.

I began this site a year ago to give vent to my ideas. It may come as a shock to some of you that I have opinions. I wanted to write about our culture, our society, a little politics, international relations, education, and golf. The last six months have caught all of us and we got tangled in politics. The real question is whether we can break away from that. If there is a divide in this country, the political process, politicians, and activists have created it for their own benefit. We need to break that cycle.

We’ve seen the best way blogs have for healing whatever rift exists with the exposing of the CBS fraud memos. The blogosphere will push for accurate and balanced imformation from MSM in a way that wasn’t possible before. If our society has access to better information, a divide cannot exist. A culture war is difficult to start if reasonable people have reliable information. Opinion cannot be passed off as fact, and the facts have to stand up for themselves.

Blogs will disappear. Maybe this one. People who spent hours on their computers tracking the election will spend less time doing so. My readership dropped, as I’m sure many others’ did, immediately after the election. Bloggers will find a new direction, return to their previous pursuits, or drop out altogether. The junkies will always be around. Reasoned discourse will return and the reading and writing of blogs will become an exchange of ideas rather than “gotcha” and invective.

And if those leftie commie pinko slobs would ever pull their heads out of their butts, we wouldn’t have any divide in this country at all! They need to straighten up, get a haircut, remove those nose rings, or get the hell out of my country!

I’m nothing if not sensitive.

Homespun Symposium

  • Mud and Phud
  • Ogre’s Politics and Views
  • Little Red Blog
  • A Physicist’s Perspective
  • The Commons (Paulie)
  • Mad Poets Anonymous
  • Mark A. Kilmer’s Political Annotation
  • Considerettes
  • In Search of Utopia
  • Mad Poets Anonymous
  • The Hopeful Cynic
  • The Unmentionables
  • November 22, 2004

    Failure Began Years Ago

    Filed under: General,Society-Culture — Bunker @ 8:00 am

    So, the fight last Friday night at an NBA game is supposed to tell us something about the gangsta level of mentality in professional basketball. Folks, let me clue you in. That mentality exists right now in your local youth sports program all the way through high school–in your town. If you don’t see it, you are either living in Smalltown or ignoring it. I wish I was speaking in generalities, but I’m not. I’ve been involved in youth athletics in every age group from smallest to NCAA Division I college. And I’ve had that involvement in a wide variety of cities and demographics.

    Kids with standout althletic ability are quickly singled out for hero treatment. If Mom and Dad have their own feet firmly on the ground, and their heads screwed on straight, the youngster will keep the ego in check and grow up just fine. But even among parents who are normally sane, there are some who live an athletic career vicariously through their child, and others who see that kid as a meal ticket for their retirement. Some of these kids will grow up with a strong sense of entitlement, and anyone not impressed with them and impolitic enough to express it are viewed as enemies in the extreme, or “disrespectful” in the least. There is a direct relationship between self-perceived talent and this mentality.

    You know the kids I’m talking about. You’ve seen them on the local all-star team. It’s a rare local all-star team that doesn’t have at least one. In Little League, you will see this kid puff up at a pitcher if he gets hit by a pitch. By high school, he may actually charge the mound. They become the “Leon” archetype we see in commercials–any failure is due to someone else’s incompetence. You hear about lack of self-confidence manifesting itself with outrageous behavior. The opposite is more likely to be the cause.

    Fans are yet another issue. And it becomes a volitile combination in confrontation. “I paid fifty bucks for this seat, and I’m entitled to express my opinion in any way I feel necessary.” Especially after ten beers. I don’t understand it myself. I go to a game to enjoy seeing good competition and talented play. I may be in the minority, but I see myself as being outside the game. When I played, I can’t remember even hearing the crowd, let alone individual voices. Why would my ego make me believe I had something to offer players much more skilled than I ever was?

    I’ve tried through the years to do my part and help talented kids learn that their skills are something to be grateful for, and something to be built upon. Talent can open doors, but it takes much more than pure athletic talent to succeed. And any athlete, no matter how talented, is just one injury away from the end of his career. And it can come at any level. Done. Forever. No multi-million dollar contract.

    Ron Artest may now be the poster child for throwing it all away.

    November 21, 2004

    Kevin Sites

    Filed under: Media,Military — Bunker @ 7:06 pm

    Kevin Sites was the man with a camera in Fallujah. I finally reached him through an email that isn’t open to public knowledge to ask what happened. He was grateful for a message not filled with condemnation.

    He also told me about his latest post, an open letter to the Marines he covers:

    This week I’ve even been shocked to see myself painted as some kind of anti-war activist. Anyone who has seen my reporting on television or has read the dispatches on this website is fully aware of the lengths I’ve gone to play it straight down the middle — not to become a tool of propaganda for the left or the right.

    But I find myself a lightning rod for controversy in reporting what I saw occur in front of me, camera rolling.

    It’s time you to have the facts from me, in my own words, about what I saw — without imposing on that Marine — guilt or innocence or anything in between. I want you to read my account and make up your own minds about whether you think what I did was right or wrong. All the other armchair analysts don’t mean a damn to me.

    Go read it.

    2004 Weblog Awards

    Filed under: General — Bunker @ 5:48 pm

    Kevin at Wizbang is hosting the 2004 Weblog Awards. I don’t follow things such as this, but it appears to be a big deal. Paulie nominated our group, and if you think we all have something to offer, go by and compare all the blogs in the category. In my view, that is the value of such things. It gives us all a chance to sample some we’ve not seen before. I’ve kinda built my own little world here with links I personally check, but I add some new ones, and let others drift away as time goes on. So, I’ll see what’s cookin’ over there in a week or two myself.

    Changes actually beginning?

    Filed under: International — Bunker @ 2:59 pm

    Glenn Reynolds pointed me in the direction of this article:

    Some 20,000 people took to the streets in the western German city of Cologne on Sunday, waving German and Turkish flags, to protest against the use of violence in the name of Islam.

    Peaceful protest against the violence that has reached Europe in more tangible, to politicians, manner. Even Gerhard Schröder is talking about a “conflict of cultures”, and perhaps beginning to understand the threat.

    In the Arab world, others are asking the tough questions, too:

    We do not ask ourselves why no other religious group perpetrates these acts of atrocity, and when a terrorist country like Israel does so, it does not say it is killing in the name of the Lord or in the name of Allah, but claims it is doing so out of self-defense. Why Allah is [held responsible] for our bad deeds and for our desire for revenge… Why don’t we act like [Israel] and say that these acts are for self-defense or for defense of the homeland, without bringing Allah and Islam into it?

    Okay. So the author refers to Israel as a terrorist country. At least some are beginning to look at themselves in a different way.

    November 20, 2004

    Chrenkoff

    Filed under: International — Bunker @ 3:16 pm

    Arthur goes “Around the World in 54 blogs.”

    I know, most of you already check his blog anytime you go on line. But for those of you who don’t, perhaps you should consider it.

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