June 25, 2007
AN ESPECIALLY CLEAR DAY:
Campaign Ad Limits Loosened: U.S. High Court Overview (Greg Stohr, 6/25/07, Bloomberg)
The 5-4 ruling marks a shift for the court, which in 2003 upheld the law, including a provision that restricts pre-election ads. The court today said that provision couldn't be constitutionally applied to three 2004 ads, aired by a Wisconsin anti-abortion group, that called on the U.S. Senate to hold votes on President George W. Bush's judicial nominees.``Discussion of issues cannot be suppressed simply because the issues may also be pertinent in an election,'' Chief Justice John Roberts wrote for the court. ``Where the First Amendment is implicated, the tie goes to the speaker, not the censor.''
The ruling underscores the influence of Roberts and fellow Bush appointee Samuel Alito in moving the court in a conservative direction. Roberts and Alito were joined today in the campaign ad case and two other constitutional rulings by Justices Antonin Scalia, Clarence Thomas and Anthony Kennedy.
Core truths are always there but seldom so nakedly visible as on a day like today where you see that the Left desires limited political speech and opposes both parental control of children and joint efforts between government and religious organizations to provide social services. The first and third represent threats by civil society to the power of the State while the second retards the atomization of the family that is necessary to making people dependent upon the State. As the story correctly notes, this net diminishment of state power is inded the conservative direction.
Posted by Orrin Judd at June 25, 2007 5:41 PM
For the first time in 75 years, we have the makings of an American Supreme Court
Posted by: fred at June 25, 2007 6:16 PMYou make an interesting point with the "net diminishment". That is what I think the critics of Bush and your Third Way are missing. At least in their minds, less government does lie at the end of the rainbow... Of course, less gov was at the end of the communist reainbow as well.
Posted by: Benny at June 25, 2007 6:32 PMHey Benny, what's your point?
Posted by: fred at June 25, 2007 6:51 PM"Of course, less gov was at the end of the communist reainbow as well."
No it wasn't.
Posted by: andrew at June 25, 2007 6:53 PMandrew- the state was to 'wither away' according to Marx. Our guys thought it would always be with us as a sort necessary evil kind of thing so it's powers were strictly limited and diffused among the states. Benny can't tell the difference between the two ideas and ought to be pitied rather than excoriated. God looks out for children and morons, and so should we all.
Posted by: fred at June 25, 2007 7:41 PMNot less government--a less powerful state.
Posted by: oj at June 25, 2007 7:48 PMMarx thought the state would wither away but didn't spend too much time contemplating how that could be done. He had visions of a tumultuous societal cataclysm even before he developed his creed. His specialty was destruction and vituperation, not constructive engagement or societal improvement. He had a loathsome personality (his favorite play was Shakespeare's Timon of Athens, whose main character is a lot like him) and was basically the last guy in the world you'd ever want to trust running anything. He thought at the end we'd all be ruled by Hegel's ghost.
Posted by: Matt Murphy at June 25, 2007 8:04 PMOJ: Point taken. I'll have to think about the difference.
Fred: You assume OJ, Bush and the Third Way is what the Founders had in mind.
And thankfully, God also looks after drunks and the USA.
Posted by: Benny at June 25, 2007 9:11 PMNo, the Founders favored the First Way. It failed. You can't have a universal franchise and not end up with a mandatory government safety net. The Third Way just seeks to use the mandates to force individuals to provide it for themselves. The Second Way prefers that the State do so.
But the Founders weren't opposed to government per se:
http://www.brothersjudd.com/index.cfm/fuseaction/reviews.detail/book_id/1385/
Posted by: oj at June 25, 2007 11:10 PMMcCain was quoted on NPR as calling the Wisconsin decision "regrettable".
His candidacy is fast becoming forgettable.
Posted by: jim hamlen at June 25, 2007 11:48 PMVoters are on his side when it comes to CFR--the Constitution just isn't.
Posted by: oj at June 26, 2007 12:19 AMWe had a British History prof at Colgate who was married to a Lady. In his lecture on Marx he laid his entire philosophy at his being an abject failure in a capitalist system who ground out his resentments while nursing hemmorhoids.
Posted by: oj at June 26, 2007 7:04 AMThe 'first way' is the only way. The so-called second way (3rd,4th way?) created the massive failure of the administrative state. If one made their living from the power of said administraive state while being honest enough to admit it's failure one would need a 'third way'. The third way is bunk, a rationalization to protect failed interests. Third wayers should admit the failure of the administrative state and the social engineering schemes of the old third way,i.e., New deal, demo. soc., fasc., etc. Like calling Labour, 'New Labour', it's still Labour and the premise is wrong.
Posted by: fred at June 26, 2007 7:22 AMMatt- What difference does it make how loathsome a personality marx was. He believed that the cycles of historical development and it's ultimate destination were his discoveries. His deterministic historicism presented as 'science' was Hegelian in nature, of course, but so what? The 'end of history', '1st,2nd, 3rd, etc., etc., way stuff is just as hegelian and just as silly but the personalities presenting seem benign in comparison. It's the ideas, not the personalities, that bear watching.
Posted by: fred at June 26, 2007 8:03 AM"andrew- the state was to 'wither away' according to Marx."
I know that's what he said. I had to read that junk in school, too. The crazy and confused who are drawn to communism in the first place aren't the type of people who would surrender power. Outside of that one statement about withering away has any communist ever gone through the pretense that power would be given up.
Posted by: andrew at June 26, 2007 8:32 AMHe got the starting point and the destination wrong, all else follows.
Posted by: oj at June 26, 2007 8:41 AMThose failures are all the Second Way. They were the polar responses to the failure of the First Way. The only remaining question is whether the Third Way tilts more towards the First--with a higher degree of freedom--or towards the Second--with a higher degree of security.
Posted by: oj at June 26, 2007 8:42 AMBe nice if all the expletive deleted lefties got out of the way so we could continue testing the third way.
Benny, their = Bush, oj and erp among many others.
Posted by: erp at June 26, 2007 8:53 AMLots of good stuff here.
OJ: Is "this net diminishment of state power is inded the conservative direction." true? I can't think of a sclerotic state that has governed a healthy society. Wouldn't a smaller but still powerful state be more conservative?
And this: "Those failures are all the Second Way. They were the polar responses to the failure of the First Way. The only remaining question is whether the Third Way tilts more towards the First--with a higher degree of freedom--or towards the Second--with a higher degree of security." How does religion and religiosity play into this? Or, in general what forces tilt a Third Way (Anglosphere?) country to the First or Second Way?
Posted by: Benny at June 26, 2007 12:11 PMOnly if we're willing to indulge in semantic games. A system that mandates personal HSAs, IRAs, unemployment insurance accounts, school vouchers, etc. from birth will, of course, end up being quite massive--because such accounts will grow larger than when the state holds the money and redistributes it. We can pretend that we've shrunken government/state power, but in fact it is only the State itself that will have been reduced, greater state power having been utilized to coerce the personal savings in the first place.
The more support available to the individual from civil society the less dependent he is on the State. To the extent that you have a family, neighborhood organizations, a church, etc., to fall back on for help the less you need to fall back on the State. That is why the left, which favors the state, is hostile to all.
Posted by: oj at June 26, 2007 2:37 PMThere were no 'first way failures', only progressive hubris.
Posted by: fred at June 26, 2007 2:57 PMerp-please conduct your 'tests' elsewhere. we've had enough experiments.
Posted by: fred at June 26, 2007 3:53 PMIf FDR had only had the support of progressives there'd have been no New Deal. The Second Way was so popular that we're the only developed nation to have avoided most of its worst excesses. Thank the Court, the Constitution and the church.
Posted by: oj at June 26, 2007 4:19 PMFDR thought of himself as a 'progressive' battling the 'cave dwellers'. The biggest ass to hold the office. The progressives then, as now, were, like FDR, unlettered Marxists. I pity the fools.
As Mussolini and Hitler were doing their things in 1930's Europe, FDR was doing his thing here. The "progressives", like Harold Ickes et al, worked for the jerk and were running the show. The original Third Way: saving 'capitalism' AND liberal democratic/republicanism from itself.
Posted by: fred at June 26, 2007 8:10 PMNo, statism was the Second Way and Hoover was no slouch at it.
Posted by: oj at June 26, 2007 9:22 PMThe great engineer was up to his neck in the progressive, social engineering spirit of the age , the third way of it's time: Synthesisizing the constitution and the European isms. FDR was Hoover on steroids. The American thesis/European anti-thesis= third way bunk.
Posted by: fred at June 27, 2007 5:41 AMfred.
Too much water under the bridge to go back to the first way (also my personal choice) and the second way has been totally discredited, so unless you have a better suggestion, testing the third way is the best option on the table.
Posted by: erp at June 27, 2007 9:33 AMIf Coolidge was the Second Wat then we're just on the Fourth, rather than the Third.
Posted by: oj at June 27, 2007 10:19 AMerp- If the 'second way' were completely discredited, as you say, there would be no need for a so-called 'third way'. Hegel and Marx should be scrapped.
Posted by: fred at June 27, 2007 11:26 AMFalse. Marxism was only a form of statism and not the most prevalent one.
It is indeed because the Second Way was discreditted though that there are no Marxist parties in the West nor even any Statist leaders. Bill Clinton and Tony Blair were toi the Right of Churchill and Ike/Reagan.
Posted by: oj at June 27, 2007 12:08 PMAll modern forms of statism are rationalizations of Hegel and Marx.
Posted by: fred at June 27, 2007 12:53 PM"modern" gives away the point, but even at that it's untrue. The Sa'uds didn't require Marx.
Posted by: oj at June 27, 2007 4:21 PM