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The Power of the SCOTUS III: Roberts' Rules of Order

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Re: The Power of the SCOTUS III: Roberts' Rules of Order

many of the people who call themselves "conservative" now do not fit that definition. They rail against things that have been in place for a generation or more, arguing for wholesale substitution of untested alternatives that are "better" (or alternatives that used to exist and were thrown out because they were judged in the context of the time to be "worse"). As a result, the people who are usually called "liberal" are often more conservative than the people who are usually called "conservative".

That doesn't necessarily mean that there's anything wrong with the definition you gave, but it doesn't really fit the typical political spectrum in the u.s. These days.
bingo!!! It's not supposed to. That defines what is a "conservative", not who is purportedly a conservative now.

The author also said that liberals are more likely to throw the baby out with the bathwater to affect change.
 
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Re: The Power of the SCOTUS III: Roberts' Rules of Order

tl:dr "a whole lot of derp"

Conservatives, constantly trying to reinvent a definition of what they are to make themselves more palatable to anyone with half a functioning brain.
I would not call the author of that quote a liberal or a conservative. I believe he's a Druid. They have 2 rules
1. If it harms no one - do it
2. Protect the weak from the strong.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

So they are Socialists?
Yep.

For those looking for massive differences between the two parties, they don't exist to the extent that is often assumed. Both love subsidies, tax code manipulation, and expanded government authority. They only disagree on who gets to benefit / be ****ed by these things.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

"The key thing here is not to confuse a conservative with a member of the radical right. A conservative isn't for a God fearing nation in which non-believers are prosecuted by the law. They'd rather have people go to church on Sundays on their own free will. They would appreciate not being treated like a villain because they do go to church, pray before a major event, or place a symbol of their faith in a public area. They don't want to tear down crosses that have been in place for more than fifty years because someone has suddenly found a symbol of their faith insulting.

"In a funny way, conservatives do believe that people should have a lot more freedom in how they can act. They feel that if you own a business, then you have the right to say who works for you. That means you don't have to hire someone to satisfy some equal opportunity criteria. Of course, that does deny equal opportunity to some people but it isn't a result of a dictate by law.

It isn't that they are pro-war, pro-business, or anti-gay.

Problem is that these traits of telling others how to live and pro war almost defines today's self proclaimed conservatives...and therefore appear to be radical right based in his defintion.

27% of conservatives vs. about 50% of independents/liberals opposed the Iraq war in 2003

http://www.gallup.com/poll/7699/bla...-groups-most-likely-oppose-iraq-invasion.aspx

52% of Conservatives thought Obama would go too far on supporting abortion vs. 19% total

http://www.people-press.org/2009/10/01/support-for-abortion-slips/

85% of conservatives vs. 45% overall oppose allowing gay marriage

http://www.pollwatchdaily.com/2011/05/07/305/

"In a funny way, conservatives do believe that people should have a lot more freedom in how they can act. They feel that if you own a business, then you have the right to say who works for you. That means you don't have to hire someone to satisfy some equal opportunity criteria. Of course, that does deny equal opportunity to some people but it isn't a result of a dictate by law.

Based on poll numbers, today's conservatives (which seems to be radical right) believe they should have more freedom to act...but that others should have less.

""A conservative is basically against change. They'll admit that things may not be exactly fair, but the correction should be a minor tweak of the system and not the elimination of the system. That's the real definition of a conservative. They just don't want radical change in how things have been up to now.

"I'm not saying that conservatives are entirely right. Some of their opposition to change allows civil injustices to continue. I'm just saying that is the last kind of person who would adopt radical change in the American political system,"

He does appear correct on conservatives of all stripes not being too excited about innovation:

6% of scientists call themselves conservatives, 55% call themselves liberals

http://www.huffingtonpost.com/2009/07/10/only-six-percent-of-scien_n_229382.html

I would argue that even this somewhat idealistics version of conservatives resistant to change is counterproductive.

Today its hard to find folks against society advances in terms of slavery, child labor, women's sufferage. Yet nearly all had incredible hurdles due to those who resisted change (and by this defintion, were conservative). On the other hand, innovators have driven advancements in healthcare including life saving medications and technology such as the automobile that have revolutionize society productivity. So saying 'I am supportive of substantial change that happened before...just not today' is IMO shortsighted and does not help anyone in discovering the next great advancement in society.

Just to show an extreme example, all indications are that those with a conservative mindset did not support US independence from Britain. From wiki, Yale historian Leonard Woods Larabee has identified eight characteristics of the British Loyalists that made them essentially conservative:

-Psychologically they were older, better established, and resisted innovation.
-They felt that resistance to the Crown—the legitimate government—was morally wrong.
-They were alienated when the Patriots resorted to violence, such as burning houses and tarring and feathering.
-They wanted to take a middle-of-the road position and were angry when forced by the Patriots to declare their opposition.
-They had a long-standing sentimental attachment to Britain (often with business and family links).
-They were procrastinators who realized that independence was bound to come some day, but wanted to postpone the moment.
-They were rightly cautious and afraid of the chaos stemming from mob rule, which did cost many their property and security after the revolution.
-Some say they were pessimists who lacked the confidence in the future displayed by the Patriots, while others point to the memory and dreadful experience of many Scottish immigrants who had already seen or paid the price of rebellion in dispossession and clearance from their prior homeland.
 
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Re: The Power of the SCOTUS III: Roberts' Rules of Order

Depending on how conservative he is, this may go much further then disappointment in the ACA.

For decades, state and local governments have been able and willing to use both carrots (tax breaks/deductions) and sticks (penalties) to encourage behavior. The Feds have used carrots for years for farmers, children, home ownership, and he may not be able to see why they wouldn't be able to use the stick as well. It's somewhat simplistic, but this is a man who has twice emphatically ruled against any kind of government limitation on political speech involving money. Could it be that he doesn't care for government behavioral prodding via the tax code either, but can't see a way to strike it all down in the Constitution?
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

that's absolutely right, and Roberts acknowledged as much. In fact, I don't think i've ever heard of a Chief Justice issuing such a stern rebuke to the President, the Congress, and the voting public when speaking officially from the bench:

My jaw dropped when I read that. Wow!

"You get what you vote for, people. If you are unhappy, don't blame us: vote differently."

IMO any statements he made could well have been a CYA manouver as well.

Yet we're giving waay too much credit to Roberts in terms of what his political opinion may or may not be. He's a mortal human that was put in place by a conservative GW and has personal political points of view that may or may not be what the US needs. It would be almost as if Al Gore came out supporting conservatives on a major business/environmental issue...but had a liberal context to support his position...which would be followed up by liberals who were overly excited by the liberal subtext to his message. In other words, its not any political statement of preference Roberts might have made that was important...but rather the fact that he made a tough and pragmatic decision by looking past politics whatever his personal opinion may be.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

Depending on how conservative he is, this may go much further then disappointment in the ACA.

For decades, state and local governments have been able and willing to use both carrots (tax breaks/deductions) and sticks (penalties) to encourage behavior. The Feds have used carrots for years for farmers, children, home ownership, and he may not be able to see why they wouldn't be able to use the stick as well. It's somewhat simplistic, but this is a man who has twice emphatically ruled against any kind of government limitation on political speech involving money. Could it be that he doesn't care for government behavioral prodding via the tax code either, but can't see a way to strike it all down in the Constitution?
All he'd have had to say is that the Constitution is evolving and all that fluff, like we've seen others do in so many cases where they use the bench to forward political goals they can't get via legislative means.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

All he'd have had to say is that the Constitution is evolving and all that fluff, like we've seen others do in so many cases where they use the bench to forward political goals they can't get via legislative means.

Still haven't forgiven the "activist" Court for the ruling in Brown v Board of Education have you?
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

Still haven't forgiven the "activist" Court for their ruling of some of FDR's New Deal policies, eh?

Second worst Presidential decision of all time. First was the decision to fight the South instead of letting them secede.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

Still haven't forgiven the "activist" Court for the ruling in Brown v Board of Education have you?
Glad that you at least acknowledge that in your mind anything goes with the Court as long as you get the rulings you want.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

Glad that you at least acknowledge that in your mind anything goes with the Court as long as you get the rulings you want.
I'm pretty sure his point was exactly the opposite: there are people who, if a decision goes against what they want, automatically call it "activist."
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

Still haven't forgiven the "activist" Court for their ruling of some of FDR's New Deal policies, eh?

There was nothing activist about it. FDR tried to circumvent the Constitution and they called him on it. Not everything FDR did was within bounds. See, one of the differences between me and many on the Right is that I'm able to criticize someone my party holds in high esteem while the next time certain people on the Right say an unkind thing about Reagan will be the first.

And some people are far more comfortable with the ruling that black people were the same as furniture than the idea that "separate but equal" is Unconstitutional.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

There was nothing activist about it. FDR tried to circumvent the Constitution and they called him on it. Not everything FDR did was within bounds. See, one of the differences between me and many on the Right is that I'm able to criticize someone my party holds in high esteem while the next time certain people on the Right say an unkind thing about Reagan will be the first.

And some people are far more comfortable with the ruling that black people were the same as furniture than the idea that "separate but equal" is Unconstitutional.
He wasn't a good actor. :D
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

There was nothing activist about it. FDR tried to circumvent the Constitution and they called him on it. Not everything FDR did was within bounds. See, one of the differences between me and many on the Right is that I'm able to criticize someone my party holds in high esteem while the next time certain people on the Right say an unkind thing about Reagan will be the first.

And some people are far more comfortable with the ruling that black people were the same as furniture than the idea that "separate but equal" is Unconstitutional.

The reason I used "activist" with FDR's New Deal is that FDR wanted to add positions to the Supreme Court (total of 15) in order to introduce judges that would not interpret the Constitution but rather legislate from the bench and consider his New Deal to be "constitutional". We currently have 8 judges of that sort.
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

All you guys need is for the country to wake up one day and suddenly start liking Willard Mittens Romney and you're home free. How hard can that be? :confused::D:p
 
Re: The Power of the SCOTUS III: Roberts' Rules of Order

Nobody's ever going to "like" R-money. The GOP plan is to get enough people to hate Obama. That doesn't really seem to be working -- even though his approval is stalled at about 48% people still tend to like the guy, and likeability is, incredibly stupidly, one of the main reasons pols get votes.
 
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Re: The Power of the SCOTUS III: Roberts' Rules of Order

I'm pretty sure his point was exactly the opposite: there are people who, if a decision goes against what they want, automatically call it "activist."
I wasn't necessarily making the same point he was. ;)
 
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