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| Obama Would Stretch Constitution for “Redistributive Change” |
| Written by Warren Mass |
| Tuesday, 28 October 2008 09:14 |
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If you look at the victories and failures of the civil rights movement and its litigation strategy in the court. I think where it succeeded was to invest formal rights in previously dispossessed peoples, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order as long as I could pay for it I’d be okay. But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in the society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but it doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, the tragedies of the civil rights movement was because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalitions of powers through which you bring about redistributive change. In some ways we still suffer from that. Though Obama’s Marxist-themed statement about “redistributive change” alone was enough to set the conservative blogosphere abuzz, with links to the Obama interview being emailed profusely, several other statements that Senator Obama made in that interview are equally allarming, considering that (according to opinion polls) he is very close to becoming the next president of the United States. Before taking that office, Obama, like all public officials, will be required to take an oath or affirmation promising to “preserve, protect, and defend the Constitution of the United States.” His understanding of document, and — more importantly — his stark contrast with how our Founding Fathers understood the venerable document, will provide an excellent preview of what to expect from an Obama presidency, The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State. Also compare what Obama said about the lack of constitutional language regarding what government must do on our behalf with another made by Thomas Jefferson, whose research invaluably aided the authors of our Constitution: "Congress had not unlimited powers to provide for the general welfare, but were restrained to those specifically enumerated." Likewise, Alexander Hamilton, one of the authors of the Federalist (the others being James Madison, and John Jay), a collection of essays written to encourage adoption of the Constitution, asserted that the general welfare clause does not "carry a power to do any other thing not authorized in the Constitution, either expressly or by fair implication." To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. (Emphasis added.) The fact that Obama thinks that the Warren court wasn’t “that radical” says volumes about his own view of the Constitution he would presume to preserve and defend. Robert Welch, the Founder of The John Birch Society, which waged a concerted effort to impeach Earl Warren back in the 1960s, once wrote of Chief Justice Warren: Chief Justice Earl Warren … epitomizes the newborn theory that our Constitution means absolutely nothing against the changing sociological views of the Supreme Court Justices of any given decade or generation; that both our Constitution and our laws are simply whatever the Supreme Court says they are. And he represents the power of the whole socialist machine to put that theory into practice – and to get away with it, so far, against all opposition. Having heard from Obama on his views concerning preserving versus overturning the intent of the authors of the Constitution, there is that phrase “redistributive change” again. Obama lamented (“one of the … tragedies of the civil rights movement,” is his exact phrase) the fact that the movement became so focused on court cases that it neglected to build the political coalitions needed to “bring about redistributive change.”
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