The Jade Monkey

I didn't have a superiority complex until inferior people gave me one.

Name:
Location: San Antonio, Texas, United States

6.26.2005

On Kelo, SCOTUS, and blowing the whole thing up and starting over

As I commented over at Coalition HQ, Kelo doesn't change my chillin-ness. The nuclear option would not have changed this decision, as the court still would have come down to the same justices and the same verdict. As I commented there and here, Gonzales being Bush's first nominee might (although, really, the nuclear option would have only facilitated my unchillin-ness in this instance, and it would have been the first time Bush would have disappointed me, albeit not entirely of his own fault. I am not necessarily opposed to Gonzales for SCOTUS, but rather the precedent the Democrats may make of him).

However, Kelo does potentially give us an out of the coalition and the deal, and with much greater chance of public support than the unknowable consequences of before, as commenter Paul Deignan notes at Say Unlce (with a great quote from Aristotle to boot):



There is a right time and a wrong time to nuke the filibuster. The right time is when it brings along that wobbly 5-10% in the middle that see the action as a correction rather than an overreach. Remember, there are elections coming up.


This case makes our case for the nuke option far more sound. If we had nuked earlier, it would have not seemed as prudent. Now everyone (not just pro-lifers) should see the threat that these robed thugs pose to the Constitution.

“Chillin” does not mean oblivious.


Gentleness or good temper is the mean in feelings of anger. Short temper or irascibility is the excess, the deficiency has no name but may be called insufficient anger or apathy. The emotion of anger can be caused by many different factors, but the good-tempered man is always angry under the right circumstances, with the right people, in the right manner and degree, at the right time, and for the right length of time. Excess can be shown in too much anger, or unjustified anger, or too lengthy anger, etc. Apathy is the vice of those who do not get angry when anger is justified and who are not affected by things that should arouse anger; apathetic people often seem to have no feelings and to be unable to suffer pain for any reason.
—-Aristotle


AJ Strata makes much the same argument in the thread at Decision '08 linked above: "The coalition, in my mind, was never going to lay down - just lay back for the proper moment."

Well said, both.

Of course, I wonder where Graham, DeWine, Warner, et al fall on Kelo. And I am not altogether sure how much swaying of opinion Bush (thanks to the reporting, or lack thereof, of the MSM) will be able to do with Kelo. The MSM conveniently declines to mention which 5 judges thought they could take your home away. And even if they did, you must remember Wizard's First Rule*: People are stupid. And the Democrats have mastered this if nothing else: they fool the foolish very, very easily and consistently. I have seen comments too numerous to count regarding Kelo that "yeah, 4 Republican judges voted against it, but 3 voted for it" thus declaring it a wash as to who's to blame. They use this dishonest numbers game (7-2, or more often, by those slightly less dim-witted, 5-4) to decry a "conservative" court and Bush's nominees, despite the fact that there are more liberals than conservatives on the court. How much traction can this make with the average, uninformed citizen? I sometimes think Bush's biggest flaw is putting too much faith in the intelligence of the people (this seems the best explanation for his reluctance to remind the American people every 10 seconds why we're doing what we're doing, and explain every detail of every operation; something that should indeed be unnecessay, in a just, unstupid world). Nevertheless, I have to share something of that optimism, for this simple reason: I don't know what I'd do if I didn't.

* I only made it through the first 4 books of the series (currently 9 volumes long), and this is the first and best of the 4 (#4 gets the 2nd place nod, IIRC), and the only one I'd really recommend (mainly for the humorous scene near the beginning where we get the first explanation of the title). Although I myself don't find the quality to be particularly high, given the nature of the attacks and the attackers of the series, I may have to give it a second chance. ;-)

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