10.05.2005

Trust me, about Iraq also

I have a couple things to point out today and then I’m going to have to watch some baseball.

I’ve said many times on here that one of my favorite op-ed columnists is conservative George Will (he loves baseball). Often times after reading his work I feel so dumb. He has a style and a vocabulary that with this blog world is considered rare and vanishing fast. The Political Heretic, who is also linking to Will’s newest Washington Post op-ed, does the best job that I’ve seen on these blogs of emulating the preciseness that Will has mastered.

Will hits hard with his latest piece and labels President Bush’s choice of Harriet Miers as unjustifiable and calls for her rejection by the Senate.

“He [Bush] has neither the inclination nor the ability to make sophisticated judgments about competing approaches to construing the Constitution. Few presidents acquire such abilities in the course of their pre-presidential careers, and this president particularly is not disposed to such reflections.”

If the president doesn’t have Will, then he doesn’t have that true conservative base anymore. And I’m not talking about the far right wing neocon Christian wacko base either. I’m talking about the true progressive conservative almost Reagan-like base.

“Furthermore, there is no reason to believe that Miers's nomination resulted from the president's careful consultation with people capable of such judgments. If 100 such people had been asked to list 100 individuals who have given evidence of the reflectiveness and excellence requisite in a justice, Miers's name probably would not have appeared in any of the 10,000 places on those lists.”

And maybe the harshest statement I’ve heard yet from a conservative about Bush and his incompetence:

“In addition, the president has forfeited his right to be trusted as a custodian of the Constitution.”

Harsh indeed.

Will concludes with:

It is important that Miers not be confirmed unless, in her 61st year, she suddenly and unexpectedly is found to have hitherto undisclosed interests and talents pertinent to the court's role. Otherwise the sound principle of substantial deference to a president's choice of judicial nominees will dissolve into a rationalization for senatorial abdication of the duty to hold presidents to some standards of seriousness that will prevent them from reducing the Supreme Court to a private plaything useful for fulfilling whims on behalf of friends.”

I’ll let the Political Heretic close it out, cause he does it so much better:

“Again I have to agree with Mr. Will and in fact said as much on The Political Notio. She has to prove, before the senators, that she has a sound legal mind that won't succumb to the reasoning. Liberals should fear this because, as an evangelical conservative, she may, without a train of thought of her own, acquiesce to the reasoning employed by those she would like to identify with most - Antonin Scalia and Clarence Thomas. Conservatives have to wonder what she will do when Scalia, Thomas, and Roberts disagree on a given issue (and Scalia and Thomas have disagreed on occasion). What reasoning would she use or would she arbitrarily decide each case based upon her own ideological preferences? I'd really like to know if she has the brain of a justice.”

Onto Iraq

Much like with Iraq, Bush is using his “trust me,” take my word for it and don’t ask questions persona with Harriet Miers. With Iraq that trust ended a long time ago for non-Bush supporters, and now with Miers that trust appears to be ending for the conservatives as well, and maybe even into Iraq.

But something in the news that isn’t getting a lot of attention is the Iraqi vote rules change. I suppose today it was changed back to the original rule that the Iraqi constitution can be rejected by a two-thirds "no" vote in three provinces, even if the charter wins majority approval nationwide. On Sunday the rules were changed to allow only a simple majority (50+1, yes Bush calls that a mandate) to ratify the new constitution. After pleads from the UN and the US that the new rules would outrage the Sunni minority resulting in another boycott, the Iraqi ruling parliament changed the rules back to the original, thus granting the Sunnis a large and powerful voice in the upcoming Oct. 15th elections. I’m glad the rules were changed back. As we know from our own constitutional experiment, Government of the People does comprise minorities as well.

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5 comments:

Kent said...

Surprise, surprise Buddy. I DISAGREE.

First, George Will has never been a Bush fan. He didn't like the father and he has little, if any, use for W. You write ' if the president doesn’t have Will, then he doesn’t have that true conservative base anymore. '

The President never HAD George Will. Not 'having him' now is meaningless.

The 'outrage' over Miers, I believe, is nothing more than what I call 'Judicial Arrogance,' that is, Miers isn't one of those hoity toity judges on one of these holy lists that are always circulating around DC. She didn't go to a fancy law school, she's not a member of the judicial establishment, she's not in the club or their social circle.

And SHE LOVES JESUS CHRIST! We can't have anyone on the Supreme Court that WORSHIPS GOD!!!

While we're on the subject, I'd like to know what the 'brain of a justice' might look like. Are we to assume that Ruth Bader Ginsberg's brain is different somehow than the brain of Roberts, or Thomas or Scalia or Miers?

For the friggin' umpteenth time, Bush picked Miers because he trusts her and believes that she will interpret cases based on the Constitution.

Worrying about whether or not she has 'the brain of a justice' is rather silly because she'll do what all the other justices do when they are deciding a case before them: STUDY THE CONSTITUTION and STUDY PRECEDENT.

Iraq. The Sunni's boycotted the vote the first time around, so it's a bit late for them to be coming to the party. Let's be serious. Complaining about not voting after the election is over? How stupid can these people get? Minorities get what they get by acting or not acting a particular way.

In other words, you snooze, you lose.

All this hand wringing is completely unnecessary anyway because the new Iraqi Constitution guarantees equality for Shiite, Kurd AND Sunni.

Chris said...

Not entirely true Kent. George Will endorsed George W. Bush both times with respective op-eds for the Washington Post. He may have never been a huge Bush fan, but I don't know too many conservatives of Will's persuasion that are. I find not entirely agreeing with an elected official on every issue a plus. Maybe you don't. So to say that Bush never had Will is not valid.

I'm not going to touch the God comment because worshipping God is also not a requirement for Supreme Court or any political appointment or elected office in this land.

I don't think the genetic makeup or the physical composite of a Justice's brain is exactly what the Heretic is referring to. But I will add that being a member of the judicial establishment that you so proudly admit Miers is not part of is what the brain of a Justice does require. We are talking about the Supreme Court here, and just like with the precedent's set with their rulings, so is there a judicial establishment precedent set also by past members; or the brain of a Justice precedent. There are better candidates than her.

And I guess for the umpteenth time, Bush does not get to decide who the next Supreme Court Justice is. The Senate does. Bush gets to select a candidate, and one that has to have approval by the Senate. Because Bush trusts her means nothing, and gives very little for Senators to make their decision of approval. Bush's pick is limited to so much that the Senate says it's okay.

The Sunnis are citizens of Iraq. Their decision to boycott or partake in their country's constitution is up to them. And it shouldn't be decided by a simple majority that would exclude them. Even our Constitution doesn't work that way.

Thanks for reading, but it does appear that we disagree again. Good to see you around though.

Cooper said...

mj: I do think that it is an deductive argument to see her as unqualified; although, I have seen many posts or articles that try to use inductive arguments to persuade otherwise. I think in the case of a Supreme Court Justice; however, one must use logic and reason and not take a chance. The conclusion of Will, whom I get annoyed with often, is well founded. I'm going with what is reasonable, not that which can be argued a thousand different ways with no substantive evidence to promote her qualifications or even an ounce of brilliance.

Bush picked Myers because they are friends, this is not unusual; she also, from what I hear but can’t substantiate, has called him a brilliant mind. I think he choose someone that he felt on the outside would at least look palatable to the Dems but on the inside knows will tow the line as far a stark conservative who does not legislate from the bench.

If proven at any time otherwise I could change my mind.

The whole loves Jesus Christ should be a non issue either way as long as she respects the wishes of other to love whatever deity they choose or not. I don’t want Jesus Christ pushed on me not do I want it in the schools but otherwise I don’t care.

Hope your baseball game came out as desired.

Anonymous said...

I must chime in here because:

1. Kent is falling is buying into that false or, perhaps that's too harsh, complex and not so easily distinguishable distinction between justices who will be "interpreting the constitution" v. and those who will be "legislating from the bench."

I have more to say on my blog concerning this subject matter,(having discussed it in length with respect to unenumerated rights like privacy) and enumerated rights (the ones that supposedly are not beyond dispute) like the right to bear arms (the second amendment), the right to own property, the right to free speech (whatever that entails) and equal protection (what that actually protects).

For now I'll note that our Founders had certain principles or concerns that were expressed with vague and broadly-worded terms that can be interpreted to mean just about what anyone of any ideological persuasion wants it to mean.

Gun control advocates would refer us to a "well regulated Milia" part of the second amendment to justify any number of restrictions and gun rights advocates would point us to the justification phrase ("being necessary for a Free State") to oppose any number of restrictions.

That's just one (and for that matter) the most recent example.

2. MJ is right in so far as I am not referring to the physical contents of one's brain. In my post (or maybe not my post but on my website) I noted that Mr. Roberts is well acquainted with the laws of the land, the precedents which he would have to consult and with the thought-process which justices on the Supreme Court have to go through. He went before the Supreme Court as an advocate but to be an effective one, Mr. Roberts had to anticipate every question that would come his way. He was challenged to think of the legal repercussions that would follow from his argument. Miers has no such experience, and until she can prove us otherwise at the confirmation hearings, she is not entitled to the benefit of the doubt.

Since she was not forced to think like a justice, Harriet Miers has no legal mind of her own to think of and as such more prone to shy from legal discourse and surrender to the whims and passions of her own ideological soul.

Conservatives may not mind when Justices Scalia, Thomas, and Roberts agree on any given issue but that won't serve them or anyone well when her more intellectually-driven conservative peers disagree.

And they do disagree. Note the opposing dissents authored by Antonin Scalia (anti-war detention policy) and Thomas (pro-war detention policy) in Hamdi v. Rumsfeld. Note Scalia's votes to strike down the flag burning amendment on free speech grounds and Justice Thomas's decision to uphold it. Note Justice Scalia's votes to uphold the child internet pornography acts and Thomas's votes to strike them down twice. And note Thomas's open declaration opposing the incorporation of the religious establishment clause and Scalia's refusal to get on board.

I'm sure there are more disagreements. What will Miers do then? Who will she side with? Will there be an objective principle that will guide her or will she surrender to her own personal beliefs?

Hmm. That's the big question.

Chris said...

You know, both Heretic and Graham make excellent points. I'm not a scholar on Con Law, so I must yield my ground. To sum up my whole argument very quickly, Bush's "trust me" doesn't work anymore. We have a lot of questions and we want a lot of answers.

Girl, love the quote. And maybe for the first time, I agree with Trent Lott. You make a good point about her actually being more "in" than Kent makes reference to. But I would have to add that her "in" as far as judicial Supreme Court establishment is almost as much as mine, which is zilch. Thanks for reading.