Judge Feldman tried to draw comfort from the fact that Windsor did not employ the magic phrases “intermediate scrutiny” or “heightened scrutiny.” I would liken that comfort to saying that it’s anybody’s game with two out at the bottom of the ninth inning when the score is 20-0.
Posts Tagged ‘President Ronald Reagan’
One has to ask what kind of country the Tea Partiers desire, though. Clearly it is a big step away from a commonwealth. In Tea Party Utopia, it seems, the Partiers would get maximize their personal wealth, at whatever cost to the well-being of their fellow-citizens, even, or perhaps especially the poorest. It’s a country where there would be no planning or direction of economic activity from Washington, apparently in the faith that an atomized economy could avoid obliteration by the better-organized economies of other nations. And a faith as well, in the teeth of historical evidence, that privately-funded economic forces undirected by government, would give us an adequate infrastructure. And in Tea Party Utopia, cultural elites would be denied the support and recognition that even the tiny sliver of the national budget dedicated to edifying them conveys.
To make something disappear, have it occur off the books, on someone else’s balance sheet. This approach works equally well if you want to make a war disappear. Use Special Ops forces, or foreign proxies.
Without the aid of the courts, Congress is no match for the Executive. Presidents decide, period. Congress, outgunned by the Executive and deserted by the Judiciary, goes along. The Framers would have been dismayed.
The Big Picture Home Page | Previous Big Picture Column | Next Big Picture Column War Powers Page | Previous War Powers Column | Next War Powers Column War Powers, War Lies: A Series Part 4: Willingly Deceived Published in the Maryland Daily Record April 29, 2005 Last time, we considered the dishonesty of President Lyndon Johnson in […]