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The Schiavo case is CRITICAL for the future of liberal progressivism

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GarySeven Donating Member (898 posts) Send PM | Profile | Ignore Tue Mar-22-05 10:46 AM
Original message
The Schiavo case is CRITICAL for the future of liberal progressivism
Everyone has been focused on red herrings in this case. The questions of whether she is "alive"; whether people have a right to die, or the others being debated on this board are actually a screen behind which hides the true motives of Conservatives.

Terri Schiavo is important to conservatives for one political reason: it enables them to advance their mission to abolish judicial review in this country. It is a goal they have been seeking for over 40 years and if they win it means the effective end of liberalism, even democracy, in this country.

Consider: In the 1960s, conservatives opposed federal legislation to end segregation. The federal laws were enacted over their strong objections. Conservative governors in conservative states refused to enforce the laws, which prompted legal challenges and eventual court orders that shattered the old social order under which conservatives had lived.

Following that civil rights victory, conservatives then saw other laws promoting equal treatment of minorities enacted. Legal challenges to these laws were swiftly defeated by the courts. Thus, those who opposed passage of these laws saw federal judges, in effect, enact them anyway. The frustration of conservative politicians to halt these progressive laws was turned against the judges. They began to complain of "activist" judges who "legislate from the bench." Thus, conservatives began to build the meme among their adherents that the legitimate check-and-balance function of the federal courts is something illegal - even threatening - to the legislative process.

Many legal challenges have framed social issues in which morality is a major part. The EFFECT of judicial rulings have enabled, for example, homosexuals to share benefits. In ruling on these matters, of course, the courts are not responding to the moral question; they are simply ruling on whether the body of precedent and the Constitution supports the rights of parties to do things over the moral objections of some others. These cases have been used by Conservatives to focus and refine their original "activist" judge meme: now instead of "legislating from the bench" judges are "advancing a specific agenda."

Indeed, it has come to the point that it is automatically assumed by many (even some on this board) that judges do not rule based on the law and precedent; they rule by their ideology and by the party affiliation of the politician who may have appointed them.

In this fashion, Conservatives have eroded faith in the judicial review process. By arguing that judges have no role in lawmaking - that judicial review is actually unwelcome and threatening - conservatives are actually engaged in a dangerous and in fact treasonous exercise: the usurpation of the separation of powers guaranteed by the Constitution.

Folks, they are seeking to OVERTHROW the Constitution and replace it with something else, something alien and un-American.

Things have now so advanced with the Conservative mission that they see judges as enemies of what they consider moral. To them, judges who rule women may abort fetuses are forcing America on an immoral road. Judges who allow people to die with dignity - despite their wishes to do so - are, to them, imposing a moral viewpoint at variance with their own. Now, it is argued that judges are pushing an "agenda of death."

This moral viewpoint has an important political consequence. To them, an individual has no individual rights. To conservatives, individuals belong to the larger society and society is subject to the moral will of the majority. If a majority of the people find your lifestyle or choices immoral, then you have no moral right to them. And when these moral ideologues have political power, you have no legal right to them, either.

Conservatives control the branches of government that are directly answerable to the electorate. They have gained this control through trickery and subterfuge. Their goal is to eliminate the only branch of government not capable of such control, by making the judiciary irrelevant and making judicial review of the laws they pass impossible.

The controversial nature of the Schiavo case, in which many people of good faith may have differing opinions, creates a variety of division, especially among liberals. They are counting on this and intend to exploit it.

Their goal is the abolition of the Constitution and substituting the rule of law with rule by self-appointed moralists. They can only achieve this goal as they have achieved their other goals: by misdirection and subterfuge. We must recognize that their real goal is to destroy the judiciary, either by occupying all judgeships or by making judicial review all but impossible. They want to change the nature of the government and subject us to rule by politicians over whom we have no control and no obligation to answer to us.
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:49 AM
Response to Original message
1. kick, nominated. hey where's your cat?
:)
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GarySeven Donating Member (898 posts) Send PM | Profile | Ignore Tue Mar-22-05 11:03 AM
Response to Reply #1
5. Isis? She stole my pen ...
... and went off to live with Teri Garr.
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BlueEyedSon Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:22 AM
Response to Reply #5
9. 8^)
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Viking12 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:55 AM
Response to Original message
2. "what amounts to an unjust and undeserved court ordered death"
According to Norm Coleman :puke: the courts have declared "what amounts to an unjust and undeserved court ordered death."

The pukes are playing this angle hard as part of their ongoing PR campaign to discredit the American judicial system.

You post is insightful and scary :scared:
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Nite Owl Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 10:56 AM
Response to Original message
3. I totally agree.
These cons may appear to us as nuts but they are not stupid. There is a motive behind this issue. They are fighting way too hard to get the judges that * wants apporved. 95% of his appointees were passed and yet the Senate is considering the 'nuclear option' to get in the ten that the dems have filibustered. Why? Why these judges in particular? What does he need from them. They are trying to use this case to prove to their base that the judges, the judicial system is has to be changed and the 'nuclear option' used. This whole thing is a set up for what they really want to do.
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Demit Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:02 AM
Response to Original message
4. Great post! We used to say in the 70s,"You can't legislate morality". This
crew in power now is now saying you not only can but you must. It is deeply repulsive to me. And there seems to be a stirring in the wider population that this is a transparent and unwarranted power grab and a conscious assault on the Constitution. These people scare the ever lovin shit out of me and I can only hope that the American citizenry is seeing them for what they really are--really and truly and incontrovertibly anti-American.
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Beam Me Up Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:05 AM
Response to Original message
6. Most intelligent analysis I've read.
I'm not an attorney but I began to suspect something of the sort as this whole mess has unfolded. It certainly isn't because these fascist SOB's care about the life or death of one woman. They have an agenda and that agenda is the destruction of the United States Constitution--the overthrow of the American Republic--and they are well along on this agenda.
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bearfan454 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:10 AM
Response to Original message
7. Excellent post.
Nominated.
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Helga Scow Stern Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 11:16 AM
Response to Original message
8. Yes. There has to be a specific reason
more than providing a distraction or pleasing the Fundies--this is an important part of the agenda. DeLay might not be involved were it not
a crucial part of the Dominionist plan.
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GreenPoet64 Donating Member (897 posts) Send PM | Profile | Ignore Tue Mar-22-05 11:26 AM
Response to Original message
10. This is my concern too . . .
that their original aim in bringing this case before congress was to:

1. distract from the peace and anti-war protests

2. force dems into a right-to-life debate on the floor--making repubs the "culture of life" party and the dems the "culture of death" party. (However, Dems did not take the bait--and argued for separation of powers and the public took note).

3. Get this issue before a clinton-appointed judge and vilify the judge and judiciary prior to their nuclear option (do away with the filibuster.)

Because they failed in step two of their plan, they are weak going into step three. Also, the public smells politics in all of this and the polls do not look good for them.


It seems they are failing.
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me b zola Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 01:22 PM
Response to Original message
11. Thanks for a wonderful articulation of my thoughts
What have we witnessed since Nov.'04?

The overthrow of our elections, merging of church & State, and now the overthrow of our judiciary process.

All of the processes by which there are checks & balances to protect our fragile Democracy and to prevent power hungry tyrants from seizing control of the government.


We live in dangerous times,indeed.
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Tinoire Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 02:42 PM
Response to Original message
12. Excellent article. Thanks
I do wonder where the Insurance companies fit into this also though.
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GarySeven Donating Member (898 posts) Send PM | Profile | Ignore Tue Mar-22-05 04:10 PM
Response to Reply #12
16. An attack on the judiciary floats a lot of conservative boats
For decades, business interests have been steaming about consumer rights laws, which, like civil rights laws, were passed over their objections or defeated by judges who dismissed their legal challenges. The resulting expanded rights of plaintiffs to sue for injuries and deaths caused by negligently designed products have really stuck in the craw of manufacturers, who would rather make money than concern themselves with the safety of consumers. The attack on the judiciary by the moral crusaders fits hand-in-glove with business' interests in curtailing causes of action by consumers.

Thus conservatives are able to unite business interests and moral crusaders under the single goal of cutting the balls off judges, who - with legislatures and executives captured by the far-right - are the only obstacle to their agenda of establishing a theocratic dictatorship.
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Tinoire Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 02:42 PM
Response to Original message
13. Excellent article. Thanks
I do wonder where the Insurance companies fit into this also though.
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bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 03:16 PM
Response to Original message
14. I think we should conter-exploit the issue for Universal Health Care
Hold their feet to the fire. Say if they are so concerned about people getting health care - provide it and FUND IT - for everybody.
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burythehatchet Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 03:43 PM
Response to Original message
15. an excellent thesis
so if the Judiciary is rendered useless, then the lawmaking is left to the bought and paid for legislators. Who bought and paid for them? Religious fundamentalists and corporations. Our own taliban. The basis of law changes to the old testament.

I do believe we are witnessing an incredible chapter of history unfold before us.
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GarySeven Donating Member (898 posts) Send PM | Profile | Ignore Tue Mar-22-05 04:14 PM
Response to Reply #15
17. Conservatives are relying on exploiting our internal divisions
to sneak this repulsive coup d'etat past us. They have deliberately picked this issue, hoping that we will fight among ourselves over the ethical and moral divisions and ignore the political aspects. It is how they have done most of the damage they have done to this nation's political process: by exploiting liberals' native weaknesses.

Well, it's OK to disagree; that's what makes us liberals. But this attempt is so naked, so aggressive that we should not let it slip by us unnoticed.
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Gelliebeans Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 06:49 PM
Response to Reply #17
18. Do you think
we should keep pushing the issue that they are blatantly trying to usurp state laws? Do you think that would help the Dem's stave off the nominees that the pukes want to push on us?

According to the polls as someone stated in this thread, Americans looked at the Shiavo case and saw clear political posturing on behalf of the pukes.

As you pointed out in the original post, why those nominees? Their manipulation is scary.:scared:
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Karenina Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 08:23 PM
Response to Original message
19. HALLO!
BINGO!!!!

Thank you.
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oddtext Donating Member (268 posts) Send PM | Profile | Ignore Tue Mar-22-05 09:01 PM
Response to Original message
20. this is precisely the goal.
they are traitors to the constitution and our Nation for it. they have no respect for our system of checks and balances. these are interesting times. i hope we make it through them.
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Solly Mack Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-22-05 09:04 PM
Response to Original message
21. Thank you!
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Donating Member (85 posts) Send PM | Profile | Ignore Wed Mar-23-05 07:03 AM
Response to Original message
22. can't start a thread
Great NYT quote of the day:

QUOTATION OF THE DAY

"My party is demonstrating that they are for states' rights unless they don't like what states are doing."
CHRISTOPHER SHAYS, Republican congressman of Connecticut, on the Schiavo case.




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