Dr. J.'s "Why?" No.
1, 4, and 6
Dr. Steve Jonas
Dr.
J.'s "Why?" No. 1: George Bush's "Justice"
With
this article I am beginning a new series for The Moving Planet Blog entitled
"Why?" In political analysis, we most often look at the
"what" and the "who" and the "how" and the
"what are the implications of such-and-such" and the "what we can
reasonably expect to happen from this event or series of them." In this
series I attempt to examine the motivation of one
political-actor/group-of-actors or another as they do one thing or another. Thus
the title, "why?" I hope that you will find it to be of interest and
use.
Leading up to the opening of the hearings on the nomination of Samuel Alito by
George Bush for the open seat on the United States Supreme Court there have been
a number of excellent analyses of how the seating of this man would be a
disaster for American democracy, if not for the world. The best of these in my
view are those by our own Editor/Publisher, Michael Carmichael, which recently
graced this space. On the morning of the day the hearings began, Jan. 9, 2006, The
New York Times published a brief and most excellent summary of the case
against confirmation as its lead editorial.
From his writings, judicial opinions, and actions, what does Alito clearly stand
for? Overturning Roe v. Wade, creating a virtually unchecked Executive Branch
(as long as it is in the hands of a Republican), reducing the power of Congress
under the Interstate Commerce clause, allowing the President to over-ride the
Fourth Amendment to allow for criminal case actions without a warrant, not using
the principle of "one person, one vote" in deciding re-districting
cases, cutting back on civil rights, allowing certain types of discrimination
against women, going easy on corporate polluters and so on and so forth. He also
stands for saying one thing to the Congress and doing another when it comes to
dealing with personal stock holdings and then having cases involving his
holdings come before him, and also actually saying out loud that it's just fine
to write certain things to strengthen one's job application even if one doesn't
necessarily believe them.
And so, the question here is why, why did George Bush pick this man? In this
case, the answer is simple: he perfectly represents George Bush's view of
government and its functions: the creation of a virtual dictatorship, ignoring
acts of Congress when the President doesn't like them, gradually eliminating the
independent judiciary (added to the list of specifics above) and so on and so
forth. This man embodies Georgitism, plain and simple. This man perfectly
represents George Bush's notions of justice. This is why this man was chosen to
be the next Supreme Court Justice.
It is becoming more apparent, it seems to me, that the Harriet Miers nomination
was not some "mistake," but rather a purposeful bait-and-switch
operation. The Georgite Brain Trust (which does not of course include George II)
from the beginning really wanted Alito, their ideal Supreme Court Justice,
someone who might even out-Scalia Scalia and Thomas, from the beginning. But
they felt that they couldn't nominate him, as radically-Right as he is, right
out of the box. Miers was the perfect foil for motivating their Christian
Rightist base (some of whom may have been on the grand design from the
beginning) to "put the pressure on." Then Bush could say to his
so-called "moderate" Republicans "well see, if we want to stay in
office, we will just have to go along with our base, don't you know. And that's
why I picked him." But that, as noted above, is not why Bush picked him.
What might we learn from this analysis? That as the campaign against Alito goes
along it must also be broadened to include Bush, the Georgites, and their whole
agenda. That way, even if Alito is confirmed (and if he is, the lie will have
been given that there is such an animal as a "moderate" Republican,
because Sen. Frist will surely invoke the "nuclear Option" in case the
Democrats try to filibuster, as some of them at least almost surely will and
they could prevail only with Republican help), the campaign to expose Bush and
the Georgites for what they really are will have been strengthened.
posted
by Dr. J. @ 12:41
AM
Dr.
J's "Why?" No. 4: Further on Georgite Wiretapping
On
Friday, Jan. 13, 2006, Michael Kinsley posted the following article on Slate:
"Give Me Liberty or Let Me Think About It: What the wiretapping debate says
about freedom." At the end of his column Mr. Kinsley wrote:
"Here, once again, the Bush administration helps to make the softies' case.
They could have jumped through the required hoops and be wiretapping away about
five minutes later. Or if they didn't like the way some court was interpreting
the law, they could have gotten a law tailor-made from Congress just the way
they liked. ('I'll take it medium rare, with cuffs but no pleats, and hold the
right to a jury trial.') But that was too much trouble." So, he concludes,
they just went ahead and did what they wanted to because complying with the law
was just bothersome.
Mr. Kinsley provided an excellent analysis, as far as it went (and I do suggest
looking up the article, at Slate). But there is a much more important
issue beyond it. The Georgites know and knew that they could go to Congress to
get the FISA law changed so that they could do what they claimed was necessary
"to protect the national security." (Amending the Constitution to
eliminate the 4th Amendment's requirement for a search warrant, which means that
another branch of government beyond theirs needs be involved, would be a bit
harder.) But they were, and are, after something else.
So the "Why?" here. That last sentence of Mr. Kinsley's is not the
reason the Georgites did not go for legislation. They intentionally did not do
so in their drive to achieve something much bigger, and much more threatening to
the future of Constitutional Democracy in the United States. They did not go for
legislation because they wanted to, and want to, establish, make it clear to all
concerned, that the President can do whatever he wants to do, regardless of the
law or the Constitution, if he says that he is "fighting terrorism,"
for a "country at war," under his Constitutional powers as
Commander-in-Chief. Those "concerned" include: members of the
Congress, of the Judiciary, and also members of the Administration itself who
might be troubled about taking part in illegal, Constitution-busting activities,
either for ethical reasons or for fear of possible future legal consequences
should the political situation change.
This is some interpretation of the "Original Intent" that the
Georgites claim (totally falsely; see Scalia on the God-ordained "Natural
Law" he claims stand above the Constitution, discussed in my 1/19/06 column
on The Political Junkies.net)
they are so enamoured of. This, part of the well-planned strategy of the
Georgites to seize dictatorial powers for this President, is the
"Why?" in this case. This is where the battle must be joined, as Al
Gore and certain Senators such as Kennedy and Leahy are now doing, for the
United States is currently undergoing a coup d'etat in slow motion.
posted
by Dr. J. @ 9:34
PM
Wednesday,
February 01, 2006 Posted
on http://planetmove.blogspot.com/
by Steven Jonas, MD, MPH
Dr.
J.'s "Why?" No. 6: Why Should the Failed Cloture Vote be considered a
Victory?
The
failed filibuster cloture vote on the Alito nomination should be considered a
victory for the following reasons. For the first time, a majority of the
Democratic members of the US Senate have come to the conclusion that the most
important issue facing the United States today is the protection and
preservation of US Constitutional Democracy. They have realized that this is the
most important issue dividing them and indeed even that part of the Democratic
Party that has not yet faced this reality, from the Republican Religious Right
and their President, who want to impose theocratic fascism on the nation. I
believe that they have finally realized that many of Bush's actions have been
unconstitutional and that Alito will be leading that part of the assault on US
constitutional democracy that will emanate from the Supreme Court, now almost
under full Georgite control. This group of Senators has realized that the time
has come to begin challenging Bush and the Georgites in general on this
fundamental issue. If in the long run, we win the battle, I believe that this
vote, losing as it was, will be seen as the beginning of the counter-attack that
will have led to that victory.
posted
by Dr. J. @ 5:39
AM