Cut the crap already

Someone please explain to me why I even bother glancing at the Sotomayor hearings.  For the most part it’s been one side kissing ass while the other side ignores legitimate questions in favor of thinly-veiled assertions that old white men with money are by definition unbiased.

Then again, I do watch shows like “When Stunts Go Bad”…

Edit: I missed this:

Judge Sonia Sotomayor has apparently never been exposed to the factual (vs. case law) history of the Constitution. In response to a question July 15 on judicial philosophy from Sen. Hatch, she said with no hesitation: “The Constitution creates the rights. It’s immutable. The right [sic] that the Constitutions [sic] have created can’t be added onto — neither by congress or — except by amendment — or by a court.” She went on to explain that, if a specific case arose, the liberty clause of the 14th Amendment could be used to affirm the right at issue, and only that right.

Not only is this factually wrong, but it is the explicit opposite of the intent of virtually all those who wrote the Constitution. (emphasis mine)

Another way that this statement is wrong: rights cannot be “granted” by definition.  If you don’t have something unless someone else says you can have it, you don’t have a right to it, you have a privilege, or a license.  RIGHTS aren’t “here, you can do this” from above, but rather “Yeah, try to stop us and watch what happens” from below.

Yet another clear example of the absurdity of the process in particular, and politics itself as a whole.  This remark, which if intentional reflects an ass-backwards view of basic civil liberties, probably got her 4 more Republican votes for confirmation, having reached their quota of nativist* panicspeak.  When you consider that this is someone with an extensive background including a law degree from Yale & several years of federal court experience, who is being considered for the highest court in the entire freakin’ country, that such a view wouldn’t be out of place coming from the average american high school student just makes it worse.

(* – Yes, she was born & raised in the Bronx, but they don’t give a fuck.  Their definition of foreigner is quite flexible.)

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About b-psycho

Left-libertarian blogger & occasional musician.
This entry was posted in fevered barking, law. Bookmark the permalink.

2 Responses to Cut the crap already

  1. Clint says:

    “RIGHTS aren’t “here, you can do this” from above, but rather “Yeah, try to stop us and watch what happens” from below.”

    Rights are recognized and forced into observance by pressure from below, but “what they are” might be something else, don’t you think?

    So you and I might demand a right (say, free health care). It will only come into observance by pressure from below, but we’re claiming that, by virtue of being human, we deserve the protection of free health care. So I think the right itself could be considered inherent.

  2. b psycho says:

    Since you mention health care, I’m gonna go off topic for a moment:

    I think the direction of proposed reforms is ironic, considering how it got so expensive in the first place (deliberate cartelizing, collusion between the state & drug companies in the form of monopoly profits on drugs largely built on tax-funded research, outright bans on alternative methods of obtaining care). Between that and the right-wing defense of the status-quo, it’s as if centralization is taken as a given regardless, and the argument is purely over who holds the reins.
    I’m curious your response to views on healthcare along these lines, for an example of little-acknowledged opinion.

    Ideally, the regional monopolies in health insurance, the drug patents, and artificial limits on providers would just be wiped out, IMO. Failing that, I would say that if the centralization is non-negotiable then we might as well skip the talk about mandates & tax penalties and just go right to single-payer, because that’s where it’s going anyway.

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