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Video Game Politics
I don't want to make too much of a casual comment by some random right-winger I don't know anything about, but this post on redstate.org seemed to capture the mood of the disgruntled right:
The White House line [Mark Kilmer]
We might have seen what the new White House line [on Miers] will be from Senator Lindsey Graham on FOX News Sunday. Graham insisted that "the keepers of the conservative flame" might be angry now, but that they'll come around as they learn more about Miers as the nominating process plays out.
This indicates that the WH does not understand how badly some want the final showdown with the Dems.
Ah, that's it, "The Final Showdown." "At last we meet, Mr. Bond." Have some people perhaps been watching a little too much Star Wars? A few too many late nights trying to reach the "boss level" of Final Fantasy 10?
Unfortunately, Mr. Kilmer is right. That video-game attitude very much captures the dynamic behind the Right's reaction to the Miers nomination. Through all the twists and turns of the Bush era, they were promised one big thing: a Supreme Court nomination, and not for just any seat but for this one, O'Connor's. Through all the disappointments with the abandonment of conservatism in fiscal policy, irresponsibility in foreign policy, the Medicare drug bill and all the rest, both the social conservatives and the libertarians consoled themselves with the thought that the big win would come with a Supreme Court nomination. It would not just be a judge who would vote to overturn Roe or bring back the exiled constitution, but one who, unlike Roberts, would provoke the last grand battle in the culture war, a showdown with the Democrats over the most basic questions of our destination as a country, and that their side would not just win, but win profoundly and forever, leaving Ted Kennedy and Joe Biden writhing in pain. It would be profound revenge for such setbacks as the fizzling of the Clinton impeachment, the last attempt at the final showdown.
Compared to this, Karl Rove's stated vision of 30 years of Republican dominance was modest. But they are of a piece, and the vision of 30 years or the final showdown explains very much of what's happened in the last few years, especially the mystifying tendency to continually up the ante of partisanship, to put more at risk in the service of some vision of total, existential domination that exists only in video games and Tim LaHaye novels.
But there is a reason that political parties of the past have never taken the Karl Rove/Tom DeLay approach, and the reason is that it's dangerous and ultimately self-destructive. There are no "final showdowns" in democratic politics, but the moment you acknowledge that -- as with the Miers nomination -- the whole approach falls apart. Politics is always a matter of continual struggle and negotiation and refinement -- as Al Gore used to say, "it's a day to day struggle for the American people." The genius of democracy is that it is never final, and it's not even always a battle.
I'm pretty partisan (more so now than in the past) and I hope I don't put my hard-fought credentials as a "fighting Dem" at risk by saying this, but I don't look for a "final showdown" with Republicans or conservatives. Neither, I would guess, do most Democratic politicians. As to this crowd and their peculiar attitude, yes, I want them gone and their poisonous influence cleansed from our politics. But once that's done, I want to move back to a kind of politics where a healthy, passionate and wised-up conservativism, a healthy and intellectually invigorated liberalism, and various fresh alternatives in between and on the edges rejoin a serious, ongoing, messy engagement in the business of democratic politics. That may sound fanciful, but it's a hell of a lot more realistic than video game fantasies.
Posted by Mark Schmitt on October 10, 2005 | Permalink
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Comments
I'm repeating myself from another blog commentsecction--but part of the point of the Armageddon mentality is that it really doesn't matter whether you win or lose, so long as the guns blaze and the flags fly.
The Gore quote is fine, but better is Max Weber: Politics is the slow boring of hard boards.
Posted by: Buce | Oct 10, 2005 7:22:05 PM
Yes! Exactly.
Interesting observation of the "final showdown" language. It echoes so heavily of the biblical final battle of good v evil.
It also, quite frighteningly to me, echoes the language of the "final solution." Not that I'm comparing the two, but I do think there's a "push the hippie liberals into the ocean" kindof thinking in some of the more rabid dens of the right.
And my great fantasy is that that far right edge will separate from the more mainstream republicans through a far right presidential candidate who runs in the repub primary as the bible thumpin' immigrant hatin' candidate.
There are substantial divides within the republicans, on immigration for instance, where the pro-business big money republicans want the cheap labor while the closet racist republican bible rabble wants to build that giant wall.
I dunno, just fantasizing for a moment.
http://bornatthecrestoftheempire.blogspot.com/
Posted by: Mikevotes | Oct 10, 2005 7:28:19 PM
What's funny about this yearning for conflict is that in practical terms, the difference between the parties is not so great. I was fooled for a long time by the large differences in party platforms, but seeing the Democrats vote overwhelmingly for a corporatist, Republican vision of America over and over again, I lost my illusion.
In my opinion this country would be better served by having a corporatist and a populist party vie for power. This would give a correct representation of the competing forces in our society.
Posted by: marky | Oct 10, 2005 7:59:05 PM
Mikevotes, you might see that happen if Roy Moore wins the gubernatorial election in Alabama (or maybe sooner if he loses the primary, if such there be). I can see him running for President at some point, 10 Commandments rock in tow.
Posted by: Linkmeister | Oct 10, 2005 8:15:25 PM
I don't know that I've heard it put so well. I would note, however, that some of the "final showdown" crowd is actually not that big into democracy, when you get right down to it. If winning their final showdown requires a slide into fascism, they can deal with that.
Posted by: dj moonbat | Oct 10, 2005 11:55:13 PM
There may not be a final showdown in democracy, but there can be a final showdown WITH democracy. If the Roy Moores of the country become powerful enough, we can kiss democracy goodbye.
Posted by: rps | Oct 11, 2005 8:32:17 AM
Look, Bush was serious about exporting democracy to the rest of the world---because he doesn't care to have it here.
Posted by: marky | Oct 11, 2005 11:29:58 AM
Sign of the unbelievable immaturity of the far right. Mature people who actually care about the world don't ponder the question "do the ends justify the means," because they know that there IS no end.
That's the beauty of American-style democracy--it's a system that makes it very difficult to have a final word on any issue, and extremely easy to revisit issues over and over. There's a million ways to table and revisit an issue, which is a big part of why we've just had the one civil war over a particularly gruesome and intractable issue. Showdown-style government is what leads to multiple and bloody civil wars, because people have no options when they lose.
Posted by: theorajones | Oct 11, 2005 12:01:19 PM
Radical thinking -- left and right -- is the antithesis of Keats'"negative capability" -- to be "capable of being in uncertainties, Mysteries, doubts, without any irritable reaching after fact & reason." The vast majority -- say 80% or 90% -- of us have not that capability.
We are always seeking the "answer," "closure." That only a small part of that huge absolutist majority appears to be radical is explained by the fact that it lives and works in small communities of like-minded people and does not realize, emotionally, that its values are challenged by "others."
Let it suspect that its values are dismissed or mocked, and its anger will know no bounds. It will roar out against its humiliation, and Mark's politician will wring his hands and back out the door to join von Papen in the antechamber.
Posted by: Ellen1910 | Oct 12, 2005 12:06:14 AM
I think some of the Gore 2008 rapture is based on this same kind of thing. There's a thought that it'll repair the rift in space and time caused by Bush's illegitimate 2000 victory, undo all the evil that happened after, and heal the universe. Not that I don't like Al's recent speeches, but we have to remember what politics actually is about.
Posted by: Neil the Ethical Werewolf | Oct 13, 2005 6:50:52 AM
1. That was not a casual comment.
2. I am not some "some random right-winger."
3. If you think that the Democrats' problem is that they have trouble lettiing people know that they are the centrist party, then you must admit that the Democrats must change the messanger and the message. Oh dear, I'm afraid, because that would require changing the entire party. From the foundation up. And if you try to alter a house of sand, it crumbles.
You folks have your work cut out for you.
Posted by: Mark Kilmer | Oct 13, 2005 4:01:34 PM
Now Mr. Kilmer, there's nothing wrong with being random. I'm some random left-winger, and you don't hear me complaining about it!
Posted by: Neil the Ethical Werewolf | Oct 14, 2005 9:06:23 AM
And yet, Mark Kilmer, you are just a random right-winger. Redstate.org, freerepublic.com, littlegreenfootballs. You name it, they're all chockablock with random right-wingers. Just as this site, TPM and DailyKos are chockablock with random left-wingers. So what? I can go to either site and find a clone of you (and me) any time I want. You're random; so's the rest of us.
And as for casual comments, you posted it on a blog. Is there anything more casual in the political world except, perhaps, a cocktail party? Posting on a blog is like pissing in the Amazon, it feels good but it has no impact.
Cheers!
Posted by: Everett Volk | Oct 14, 2005 12:33:00 PM
Mark, I wish you'd try to explain what you mean in real, political terms by "final showdown." What would it look like? Were you simply referring to the "nuclear option" in the Senate, or something more? What would happen to the Democrats after a "final showdown"?
Posted by: djw | Oct 15, 2005 1:22:52 PM
Mark, like most right-wingers nowadays, loves his eliminationist rhetoric.
Posted by: Phoenix Woman | Oct 18, 2005 9:22:41 AM
How long before the "final showdown" becomes the "final solution". I see nothing wrong with allowing them to die by the very rhetoric they always have and always will live by. The world will be better off without them. The sooner the better.
"Kill them all, God will recognize his own.
-Arnald-Amalric, 1208 (when asked by the Crusaders what to do with the citizens of Beziers who were a mixture of Catholics and Cathars)"
Posted by: To The Death | Oct 18, 2005 9:39:23 AM
A large number of the "final showdown" crowd are also believers of a quick arrival of the "End Times." It makes you wonder if they are projecting their desire for Jesus' return to judge us for our sins onto the Supreme Court nomination. If they are, I can understand their frustration. Harriet Miers is no Jesus and I wouldn't want her sitting in judgement of my sins.
Posted by: Eric | Oct 18, 2005 9:44:43 AM
Mark, we're all waiting for you to cry, "I am not a random number! I am a free man!"
Posted by: Constantine | Oct 18, 2005 9:47:44 AM
I agree with your view of democracy and its open debate to deal with the changing times. I must disagree with you on the issue of the Supreme court. Without a battle to keep the Supreme court open to new ideas, i.e. that is anti-Federalist point of view, democracy will suffer. Brownie Miers needs to be filibustered, becasue by the standards on John Roberts alone she is unqualified, so we can have this debate about what the Supreme court is. We can not allow it to be a body of inaction becasue it is clear to me we will soon find ourselves in a Civil War.
Posted by: Robert M | Oct 18, 2005 9:51:14 AM
That's some great, albeit unintended humor--to have the random right-winger show up and bluster in all his fantasized self-importance about not being a random right winger.
You made one interesting point and it was quoted somewhere. Woo hoo. Don't let it go to your head, rrw.
Posted by: wwjk | Oct 18, 2005 9:51:38 AM
Before anyone throws it out there:
There's eliminationists on the Left too. The difference is that none of them hold any power at all.
Posted by: Sandals | Oct 18, 2005 9:57:27 AM
"I am not some "some random right-winger."
He's right. He's some random fascist right-winger. And there's plenty more where he came from.
Posted by: Billmon | Oct 18, 2005 9:58:38 AM
He's not random, he's special.
They say they're patriotic
although they hate democracy
They act so idiotic
and they whine so sullenly
their leaders screw up mega global
but they blame ted kennedy
they make naked mole rats seem so noble
and they lie incessently
it's the very special wingers
the very special wingers
praying for their jackboots
and dreaming that they're winners
Posted by: citizen k | Oct 18, 2005 10:03:12 AM
"But there is a reason that political parties of the past have never taken the Karl Rove/Tom DeLay approach, and the reason is that it's dangerous and ultimately self-destructive."
this seems to have summed it all up... many have criticized Dems (including many Dems themselves) about us not "getting into the fight" with neocons... we need to fight, but not get down in the muck with them, for the reasons mentioned in that quote... neocons are now reaping what they've sown... years of power, leading to arrogance and hubris, have led to widespread corruption... think about it... the Executive and leaders of both parts of the Legislative branch are now under investigation and/or indictment... if Dems regain power in 2006-2008,is THAT where WE want to be in another 10 years?
work hard and stay out of the shit, that's what I say...
Posted by: Pete Bogs | Oct 18, 2005 10:22:47 AM
As I have been saying for over 15 years now, "The difference between me and Rush Limbaugh? There's room in my ideal world for Rush, but no room in Rush's ideal world for me."
Posted by: Kajey | Oct 18, 2005 10:26:37 AM
Someone needs to tell these peopl:
Conservatism is Dead
Posted by: Jefferson | Oct 18, 2005 10:28:55 AM
There's eliminationists on the Left too.
And they're called Totalitarians. To poorly paraphrase from the Princes Bride: You use the word Left but I don't think it means what you think it means.
Posted by: Thumb | Oct 18, 2005 10:35:45 AM
"[A victorious pro-life Justice] would be profound revenge for such setbacks as the fizzling of the Clinton impeachment, the last attempt at the final showdown."
Y'know, we Libs might accept a "final showdown" if the Mastadons would promise to accept it as "final." But they won't. Impeaching Clinton was to be the "final showdown" until they lost.
Posted by: stuart thiel | Oct 18, 2005 10:57:41 AM
who's this mark guy? i've never heard of him until today and i've heard of everyone.
Posted by: the internet | Oct 18, 2005 11:03:45 AM
Totalitarian is a term which applies across the political spectrum... you knew what I meant Thumb.
Posted by: Sandals | Oct 18, 2005 11:32:08 AM
Conservatism is the politics of failure and decline, a country that indulges in it for too long destroys itself. Let's look at the neo-cons and their inspiration: Leo Strauss. What was Strauss' inspiration? What was his "golden age"? Are you ready ... Pre World War One Germany. Yep. Can you believe it? A country with a monarchical executive whose military is independent of the Legislature and whose jusicial system is compliant due to informal family ties. Sounds a lot like what the Republicans have been trying to do to America with executive priviledge, the NSC and the Federalist Society. There's just one thing I don't get. This is the social model that led the Germany elite to blunder into not one but two incredibly destructive World Wars and reduced their country's influence on the World Stage forever. Are we really supposed to think that what failed for the Germans will work for America? On this foundation they raise Conservatism as the best possible governing philosophy? It's tragically laughable.
Posted by: Northern Observer | Oct 18, 2005 11:45:36 AM
Posting on a blog is like pissing in the Amazon, it feels good but it has no impact.
Oh, no, no, no--any other river but the Amazon...pissing in the Amazon does NOT feel good!
Except for your example, though, I totally agree with your point.
RavenT, a random left-wing zoöpedant on this site
Posted by: RavenT | Oct 18, 2005 11:56:36 AM
Condi Rice, speaking on one of her tours to the mideast, talked of efforts to discuss a "final solution" with the Palestine/Israel process.
All the tact of a lynch mob she does exhibit...
Posted by: Mr.Murder | Oct 18, 2005 12:13:01 PM
Great post. Makes me think of Max Weber's description of politics as "the slow boring of hard boards." True, even in the age of Powerline et al.
Posted by: Brett | Oct 18, 2005 12:13:52 PM
Just like the Revolutionary War started long before the first drop of blood was ever spilled at Lexington or Concorde, the next Civil War has already begun.
Posted by: ProgressivePatriot | Oct 18, 2005 12:14:17 PM
"The final showdown"
Ah but when was Round One? I submit that it was in November 1932 and that the Right was been gearing up for a Death Cage Grudge Match ever since. They have hated FDR and everything he ever stood for since Day One but had to nurse the huge beating he gave them right (or Right) up unto 1982. Whereupon they finally began mustering the resources to prepare for the Big Bout, led by canny Fight Manager Mr. Cato along with Cut Guy Karl.
But the DeLay jab caught them off guard, they then got a hard upper cut Frist, and then the Miers barnyard swing just came out of nowhere and scored, and now they just got a hard belly blow right in the Scooter and they are reeling around the ring. But let me be the first one to predict the outcome: Social Security is going to deliver the final blow in a seventy year fight and these guys don't even see the punch coming.
"Unleash your Inner FDR". Coming to a political theatre in March 2006.
Posted by: Bruce Webb | Oct 18, 2005 12:17:37 PM
[....] both the social conservatives and the libertarians consoled themselves with the thought that the big win would come with a Supreme Court nomination.
In all honesty, while they have closed their eyes (and held their noses) and let themselves get carried along on this bandwagon for far too long now, I find it hard to imagine that there are many libertarians out there (small or large 'L') who have been eagerly awaiting a Bush SC nominee who wants to overturn Griswold and Roe.
There are lots of horrible GOP ideas that libertarians might be inclined naturally to go along with (eviscerating Social Security, for instance), but overturning Griswold really shouldn't be one of them.
Posted by: Ray Radlein | Oct 18, 2005 12:41:00 PM
The civil war was a "final showdown" on the issue of slavery.
The conquest of Hitler's Germany was a "final showdown" on his genocidal rule.
The American Revolution was a "final showdown" on the issue of American independence and British empire.
The prosecution of the illegal and corrupt Bush regime could be a "final showdown" for the White-Supremecist Christian Theocracy Party (WSCTP) formerly known as the Republican Party.
We can make this the end of their lingering power which remained intact after the Civil War ended, and after their treasonous betrayals of FDR during WWII.
Posted by: somebody | Oct 18, 2005 1:30:28 PM
They don't want 30 year of republican dominance, they want a 1,000 year Reich.
Posted by: rev.paperboy | Oct 18, 2005 2:10:04 PM
Northern Observer,
It's simply not true that Leo Strauss particularly admired Wilhemine Germany. He almost never mentions Wilhemine Germany positively (at least, in the texts that have been translated) except when comparing Wilhemine Germany to the last few years of the Weimar government. Implicitly, Strauss heavily criticizes the last few decades of Wilhemine Germany, since most of the ideas that Strauss identifies as the driving forces behind National Socialism are already the drivers behind much of Wilhemine policy under Wilhelm II.
Insofar as there is any substantial evidence as to which (recent) regime Strauss preferred, it's probably 19th and early 20th century England. He also praised the government of Israel in the 1950s as "conservative" - we should remember that Israel was at that time one of the most heavily socialist countries outside of the Soviet-Sino axis (indeed, Israel's Communist party was at that time the second largest party in the country behind the Socialist party).
Posted by: burritoboy | Oct 18, 2005 2:59:00 PM
Of course I want to see this bunch of Republicans go down. But I sure don't want to live under a one-party regime in all branches - not even a Democratic one-party regime.
(Actually, I already do live under a Democratic one-party regime. It's called the city of Chicago.)
Posted by: P.F. Goodyear | Oct 18, 2005 3:46:22 PM
I think you are completely misunderstanding the kind of "final showdown" that many judicial minimalists (myself very much included) want. I don't want a final showdown on what party, or what policies, this country follows. What I want a "final showdown" on is the proper role of the courts in deciding those policies.
I want to get out of the current system, where the federal courts affect every detail of local politics. Want to build a school? Get court approval. Want to change school district lines? Get court approval. Want to change school disciplinary policies? Get court approval. Want to change from a council system of government to a mayor? Get court approval. Want to redraw voting districts? Get court approval. And on and on and on. The courts should not nearly as important as they made themselves, and almost everyone agrees with that in general. I definitely want that marked.
In other words, I want the kind of "final showdown" that the 1965 Voting Rights Act produced on poll taxes and literacy tests--a clear, public, political decision that this behaviour that we have seen in the past is NOT acceptable.
Posted by: SamChevre | Oct 18, 2005 4:12:37 PM
It isn't politics any longer when you believe, like Janet Parshall, that you have the "Absolute Truth."
Posted by: Steve J. | Oct 18, 2005 4:27:50 PM
I want to get out of the current system, where the federal courts affect every detail of local politics.
Another wingnut delusion.
Posted by: Steve J. | Oct 18, 2005 4:29:12 PM
Steve,
It is hardly a delusion. I chose the specific examples I did because they have all been litigated in the jurisdiction where I live within the last 5 years.
Posted by: SamChevre | Oct 18, 2005 6:17:19 PM
The courts wouldn't have to get into so much business if legislators would do their jobs and actually, you know, make COMPROMISES. Make laws that actually, you know, HELPED their constituents and didn't just fill their campaign chests pandering to business and poltical organizations.
I'm afraid this current regime is only making it more certain that the courts will get involved because they are shutting out the opposition party at every possible turn. You know?
Posted by: pseudolus | Oct 18, 2005 8:07:24 PM
It's the mofia boys and girls, with a little religion thrown in for good measure.
Posted by: Bb | Oct 19, 2005 12:43:47 AM
SamChevre, just the libertarian in me, I'm sure, but I fail to see how a system that prevents people from taking their greviences to court would be free. We have courts because we have democracy. I know everything would be simpler if you were a dictator but how would you like it if I were the dictator? Freedom and democracy are not free. You pay for them with a constant struggle to reconcile competing rights. "'All truth is simple' - is that not doubly a lie?" Nietzsche
I would tell ya to moe to Russia but they decided to be messy themselves, maybe Osama has a place for you in the Caliphate.
Posted by: Terrier | Oct 19, 2005 11:38:22 AM
Terrier,
I fail to see how a system that prevents people from taking their greviences to court would be free.
My answer would be, it depends on which grievances; some grievances should not be the province of the court system. (My neighbor harmed me by throwing rocks at my window should go to court. My neighbor has politcal views I dislike shouldn't.) I don't view "I dislike the outcome of a democratic process" as a grievance that should go to court.
Posted by: SamChevre | Oct 19, 2005 12:46:04 PM
Just an additon to the above; my basic argument is that "freedom to take grievances to court" undermines other freedoms in some cases. For example, if I could sue anyone who published an article with which I disagreed, and force them to spend time and money defending the case, answer questions under oath about things they would prefer to keep private, etc, that would reduce freedom, not increase it.
Posted by: SamChevre | Oct 19, 2005 1:08:35 PM
SamChevre, maybe you could ask them questions about their sex life?
How do we decide whether a legal action is the result of "dislike the outcome of a democratic process" or whether it is a legitimate question of rights? There must be some institution in the society to weigh and judge these competing claims. I wonder what that institution is called? Of course, if I were the dictator it would just be my whims pure and simple and you would submit. Want to try that?
Posted by: Terrier | Oct 19, 2005 2:55:39 PM
How do we decide whether a legal action is the result of "dislike the outcome of a democratic process" or whether it is a legitimate question of rights?
Well, a good place to start is a list of rights, and a definition of who those rights are against. The Bill of Rights specifies a list of rights, and the Constitution provides that those rights are against the national government. If there should be some more rights, adding them to the list by amending the Constitution would be a good way to do it.
Maybe you have a better suggestion? Or is your argument that the current status quo, where millions of dollars is diverted from teachers to lawyers and there are years of delay when a new school needs to be built, is the best of all possible worlds?
Posted by: SamChevre | Oct 19, 2005 3:22:38 PM
SamChevre, "Well, a good place to start is a list of rights, and a definition of who those rights are against." Excluding the possibility that you are personally on hand and available everytime someone needs to decide whether a dispute is covered by this list, how do you propose to satisfy those who are in conflict over the items on the list? You and I may both be acting in a way that we believe is in harmony with the list and yet be in conflict with each other. Why is it so hard to understand that even reasonable people can disagree and every issue cannot be decided by your white-and-black dictates in a democracy that guaranteees freedom.
There is no best of all possible worlds! That is an adolescent fantasy. There will always be conflict and inefficiency if we want to remain free. Your life would be so much simpler if you would submit to me and do everything that I commanded you - it would be one color or another, you follow my directions or do not - but if you obey me, you are not free. I don't want your freedom - and I don't want you to take mine! Life is messy! Democracy is the worst form of government except for all others and freedom is worth a little trouble. Try to resolve the conflicts that do exist instead of wishing that they would go away! That is maturity.
Posted by: Terrier | Oct 19, 2005 5:12:42 PM
Democracy is the worst form of government except for all others.
I agree.
That's why I want to have a democracy, rather than an oligarchy of judges.
Posted by: SamChevre | Oct 19, 2005 5:19:24 PM
SamChevre, perhaps you can explain why the so-called originalists/strict-constructionists on the court are the ones that seem to have the greatest penchant for overturning legislation? Doesn't almost all lawmaking create an incessant pool of contradictions, areas of vagueness, and loopholes? And don't most societies solve these problems using a)courts or b)guns?
Posted by: EB | Oct 20, 2005 1:15:53 AM
SamChevre, read the Federalist Papers! The founders knew that democracy without protection for the rights of minorities was only mob rule and bound to fail. Courts are how rights are protected in a government of laws (including the rights of the majority.) This whole argument that judges are legislating amounts to "judges do things 'I' don't like." Right! They do things I don't like - so what. If the neighbor that threw rocks thru your window is compelled to pay for a new pane of glass is that not legislating? As long as you are the one getting the new glass it seems very reasonable but if you are the one being inconvenienced it may seem arbitrary and malicious - especially if you believe you were not responsible for the rocks. I too would rather have a democracy not a dictatorship of the proletariat.
Posted by: Terrier | Oct 21, 2005 9:38:44 AM
"Well, a good place to start is a list of rights, and a definition of who those rights are against. The Bill of Rights specifies a list of rights, and the Constitution provides that those rights are against the national government."
And the 14th amendment changed the terms of that bargain, as all judicial minimalists know, yet prefer to ignore.
I think we can all agree that some of the examples you cite represent an excess of litigation and/or judicial activism. The question is how to address the situation without causing more harm than good.
The federal courts have done far more to protect individual rights from local government abuses than vice versa. So if you want a final battle, you can count me on the opposite side of the battlefield.
Posted by: Violet | Oct 27, 2005 2:04:54 PM
this is to long and i kont know what this says because i skiped through it
Posted by: | Dec 8, 2005 12:35:36 PM
I find it strange that he talks about people who want a "final showdown", then later says that he wants them all gone. It sound to me like he wants a "final showdown" with the people who talk about a "final showdown".
also, what's with the all the comments about a video game fantasy? Does Mark Schmitt have something against video games? Or the people who play them?
Posted by: Trenchman | Apr 9, 2006 7:02:41 AM
My opinion is that video games are so bad if we can observe some limits with them and go too far!
Posted by: michael jones | Aug 29, 2007 8:59:18 AM
My opinion is that video games are not so bad if we can observe some limits with them and not go too far. Your post is good and i agree with it!
Posted by: michael jones | Aug 29, 2007 9:00:38 AM
