Tuesday, October 28, 2008

Obama Unfairly Attacked.

No really. Recently a radio interview with Professor Obama in 2001 came to light. Drudge and the McCain camp have been using this to argue that Obama wants to redistribute income and wealth as a goal of the government. That is a fair summation of his views but the idea that he will seek judges who will do this is completely unfounded from this evidence.

David Bernstein is an originalist legal scholar and I think he does a good job here. Barack Obama says things in this interview that heartened me as far as legal understanding goes. First, he clearly states that the Constitution says some things and does not say others. The Critical Legal Studies movement that I fought in my youth said that the Constitution was simply a fight over who ruled and any policy could be poured into it by the Courts and enforced. That a leftist law professor explained this is a good thing. Second, he notes the very real problems of judicial power. It is the infliction of certain social policies by the Courts on America in the areas of abortion and family life that has animated the Right for a generation. Obama seems to note this and explains that the proper avenue for the change he advocates is the political process. My great antagonism toward leftism has been driven by the hubris that all that they want is in the Constitution and they can order Ex Cathedra from the Supreme Court. Losing a vote and an election to bad policies is awful but not illigitamate. Obama seems to understand this in his bones. Finally, Barack Obama really seems to understand Constitutional law. He is not an empty head like Dahlia Lithwick over at Salon. His speeches are soaring and empty but in this interview and discussion I really got a sense of a sharp mind at work. Most conservatives will be appalled at his redistributivist views (as am I) but at least on the Constitution I got the sense that Obama is not as hostile and far from the American consensus as his associations have had me believe until now.

2 comments:

Dave S. said...

I have just spoken with JJV and he appears to be OK - no head injury, no fainting spells etc. No one appears to have snuck onto his computer at the time of the posting.

This election is taking a heavy toll on all of us, and I know you join me in wishing our colleague a speedy recovery of his nonsenses.

J. said...

I think I bruised my delicate derriere falling off my chair.

This post is thoughtful, well written, and I believe does not contain spelling or grammatical errors -- and strengthens the case that aliens are indeed abducting and modifying or replacing our friends and loved ones. That or someone got a little somethin'-somethin' last night or early this morning.