Jumble sales are organized and pamphlets have been posted

28 06 2012

Did not expect that.

No, I didn’t know what the Supreme Court would do, but as a Professional Pessimist, it is my sworn duty to think the worst. And the worst did not come to pass.

Should I note here my pinko preference for a socialistic universal socialistic single-payer socialistic public socialistic health care socialistic plan? Okay, why not: I’da preferred a single-payer, Medicare-for-all, what have you, plan, but the Affordable Care Act seems to (only recently re-insured) me an improvement over the (former) status quo, a movement toward justice, and thus worthy of support on its own merits.

As to the politics, well, a win from the Supremes helps those who I want to win in November: it doesn’t wipe out all of the effort of the Obama administration and Congressional Democrats, and amongst the great majority of voters who are not yet paying attention to the election this decision sends the sorta-subliminal message of Obama as a winner.

Americans like winners.

In any case, I have nothing to offer on details of the constitutional interpretation or of the long-term consequences of the apparent limitations on the commerce clause, but I want to plant my flag on a particular patch of political pedantry: I am relieved that the Court upheld the law not just or even primarily because I like the law, but because I believe—strongly—that the Congress ought to be able to legislate. The Court is supreme over all other courts, but it is not and should not be supreme over the other two branches.

Now, insofar as I believe the Court ought vigorously defend the Constitution and believe it has a particular role in upholding the rights of minorities against encroachment by majorities, this seems an untenable position for me to take. Ah, hell, perhaps it is: how else can the Court defend the Constitution and minority rights without asserting its powers over and above those of the Congress and the executive branch? It would be suspiciously convenient for me to say that in case where the Court rules in favor of Guantanamo detainees, say, that they are merely preventing the other two branches from elevating themselves above the Constitution.

Yeah, way too convenient.

I guess I mean to say: Legislators should be free to legislate, political questions should be decided in the political arena, and those who pass the laws should not be able either to hide behind the Court or use the courts to accomplish in the judicial branch what they could not accomplish in the legislative.

Again, damned difficult balancing act, but I think the more we (citizens, legislators) rely on the courts to settle political disagreements, the less responsibility we require from those legislators. I think we ought to live with the consequences of who we elect to public office, and using the courts to buffer us from those consequences distorts the political process.

For similar reasons, I’m foursquare in favor of filibuster reform or even elimination: if we elect idiots and bullies to office, then we shouldn’t be surprised to see them pass idiotic and mean legislation. What’s the old line? We dance with the ones that brung us. Well, if we don’t like how they dance, maybe we’ll be a little more careful in choice of dates.

Oh, crap, this is all going off the rails, isn’t it? Let me put this another way: I believe in responsible government, in accountability, and as the justices of the Supreme Court are not accountable to us, then I choose to concentrate on the members of those institutions which are.

So: Yay for the Affordable Care Act! Yay for Obama! And yay for politics!

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3 responses

29 06 2012
dmf

been sharing with some of my more academically minded peeps that I care much less about the authorial intentions behind such decisions than the results but I will have to go back and look at the expansions of the commerce clause in the civil rights era as I have become painfully aware over the years of the costs of abusing the means of the system for good ends and there may well be some of that at work in the background here.

29 06 2012
dmf

1 07 2012

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