Friday, January 29, 2010

'That's Not True'



The internet has exploded in outrage and counter-outrage because when the President decided to slap around the Supreme Court over Citizens United, Justice Alito looks to have done something really funky with his tongue and then mouthed 'That's Not True.' Let me dissect this:

Those who are outraged: feel that the Supreme Court should sit their like stones, as tradition and decorum supposedly dictate that they do (the Joint Chiefs also are just supposed to sit there and try not to get caught snoozing) when the President decides to slap them around.

Those who are outraged at the outrage: feel that it was the height of bad taste to slap the Supreme Court around at the State of the Union to begin with. (My favorite comment I've seen thus far: “Obama chose to call out the only 9 guys in the room that did their homework in law school. And the rest who ended up settling for politics stood and and cheer[ed] it. That’s the embarrassment.” (Courtesy of Instapundit/Althouse.)

The more time passes after Citizens United, the more I feel that the Supremes had a fairly coherent point to make. The Government stepped beyond it's scope- regulate money, sure- but they were dipping their toes into regulating content- which is a clear infringement on the First Amendment. There's a column that I think everyone should read (here) which notes the distinction between the two emerging schools of thought (the left and the right) on this- the left is pushing to roll back the First Amendment to control special interests. The right just wants less government so there's less to lobby/about spend money on.

The Supreme Court was right, but their solution totally blows. When I figure out how to create a political system free of legalized bribery, corruption and special interests without ripping up the First Amendment, I'll let you know.

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