|
i understand the viewpoint that pan6467 lays out above and to a certain extent agree with his position...but i wonder what the deeper motives behind the conservatvie attacks on the judiciary really are. their critiques at the level of theory seems absurd: the "strict construction" school is a joke conceptually and functionally little more than the pretext for making networks for the social advancement of young reactionary attornies, who otherwise might find that their mediocrity woudl impede theiur career advancement. what is more, it seems that the premises of strict construction--"what would the founders think"?--a thinly veiled "what would jesus do?"---does nto realyl corss with or explain the nature and goals behind these attacks. so what do conservative ideologues want from the judiciary?
here's what it looks like:
conservatives oppose the "big state"--which they claim is a function of their views on matters fiscal--but which seems to me about reducing the role of the public in shaping the affairs of capitalism. it seems to me mostly about an effort to make capitalism private legally and thereby making it unaccoutnable to anyone except maybe shareholders. i suppose there is a universe in which this ambition is rational--but then there is a universe in which dune seems like a good film.
from this viewpoint, one could at least explain the attacks on the judiciary as such, rather than on particular aspects of the judiciary.
another possibility is the nature of appointments to the bench, which i guess seem like giving judges tenure, which the right also opposes, allegedly on principle, but i suspect in fact to speed the plow of purges on political grounds, should the right ever gain hegemony.
in short, i do not beleive the explanations given for this tack in rightwing ideology--if i did, i would simply echo some aspects of pan's post, which seems reasonable if you accept what the right machine says as reflecting what is really going on (which would make these statements an exception to the rule particular to that machinery).
so what do you think is really going on behind the thick veil of conservative rhetoric?
__________________
a gramophone its corrugated trumpet silver handle
spinning dog. such faithfulness it hear
it make you sick.
-kamau brathwaite
|