Michael McConnell, a Law Professor at Stanford, offers this in a First Things review of Philip Hamburger’s new book titled Law and Judicial Duty:
Hamburger traces the development of modern conceptions of the law to the realization, in Europe and especially Britain, that human reason rarely provided clear answers to moral questions and therefore that an attempt to ground law in divine will, or a search for abstract reason and justice, would inevitably lead to discord. As a result, “Europeans increasingly located the obligation of law in the authority of the lawmaker rather than the reason or justice of his laws.” The task of judges, then, was not to seek after elusive notions of justice and right reason but to enforce the law of the land. Natural law shifted in emphasis from moral content to legitimacy and authority, and increasingly to an understanding of authority based on the will of the people.
This seems to me a profound explanation of how and why we understand law today the way we do. It simultaneously shows you what is wrong with the modern conception of the law and what is right.
[Updates at the bottom of this posting as of 3:03am CDT on AD 9-10-2009]
President Obama’s speech covered many topics, lets first layout our President’s plan:
I. Keep the health insurance you have now.
1. Pre-existing symptoms or disabilities no longer will disqualify anyone from coverage.
2. No spending caps set by insurance companies.
3. No drop in coverage in the middle of an illness.
4. Limit on out of pocket expense.
5. Minimal requirements of coverage.
II. Public Option & Exchange
1. When losing your job you have the Public Option if you can’t afford insurance.
2. Insurance exchange markets will be required for insurance companies to participate in.
3. Tax credits for small businesses.
4. In theory this will not lead to a government take over.
[Updates at the bottom of this post as of 5:52am CDT on AD 9-9-2009]
News is emanating from the White House that President Obama’s monumental speech will push for the infamous public option. It is well known that most Republicans will call this a deal breaker but at the same time liberal Democrats will say the opposite that no Health Care bill will get through if it doesn’t contain a public option.
Jonathan Weisman and Janet Adamy have reported in the Wall Street Journal that President Obama will be pushing for the public option. It is also being reported that there will be penalties imposed to those that are not paying for Health Care, regardless of the reasons.
White House aides acknowledged they expect little Republican support if any.
Darwin Catholic’s post about the educational system and the possible benefits of promoting a myth of equality got me thinking about the essential differences between liberals and at least the kind of conservative I think I am becoming.
That is, a kind of conservative that is opposed to excessively concentrated wealth in private hands, for the following reasons: 1) it can easily lead to concentrated political power that is less accountable, 2) in the midst of poverty – even if one wishes to argue that it is not a cause of poverty – it inspires class envy and hatred, 3) it has the potential to be terribly and sinfully wasted on frivolities instead of charity and/or social investment.
People at various points in the ideological spectrum have pointed out it’s a little odd to see conservatives objecting to the idea of the government deciding what medical procedures ought not to be covered, when they’re apparently okay with insurance companies deciding what procedures ought not be covered, or with people not being able to afford procedures because they lack good insurance. However, it strikes me this difference may actually make a fair amount of sense, both for some pragmatic reasons and some emotional/ideological ones.
[Update at the bottom as of 7:39 pm CST for 8-21-2009 AD]
The Democrat and Liberal attempts at demonizing the American people having failed, President Obama could be beginning to understand that we don’t want socialized medicine.
Now come reports that the Obama Joker poster artist is a left-wing extremist, and a Dennis Kucinich supporter to boot. Not the white, conservative, racist that the mainstream media was accusing the artist of being.
In other news CBS News has reported that the liberal-oriented A.A.R.P. has lost approximately 60,000 members since the video showing an A.A.R.P. representative belittling members at a town hall meeting. The American Seniors Association has gained 5,000 new members, a rival organization to the A.A.R.P. and significantly less liberal.
CBS News reported that the A.A.R.P. response to the exodus of members as ‘with 40 million members that adds hundreds of thousands each month, losing 60 thousand is just a drop in the bucket.’
Update I: I forgot to place the American Seniors Association weblink here.
Update II: The 60 Plus Association is experiencing a spike in members following A.A.R.P.’s endorsement of ObamaCare.
Isn’t it obvious that most of our American ancestors came over from Europe because they wanted life, liberty, and the pursuit of happiness? They fled totalitarian regimes, socialist governments, and anti-Christian repression for the freedom that is afforded all Americans.
We have the best health care in the world precisely because it is not operated by the government. Private industry drives innovation, government regulation or government-run health care eliminates innovation, awards bureaucrats, and ultimately leads to marginal health care in the long run.
We are Americans, not Europeans. Yet President Obama, Congressional Democrats, and well-meaning liberals and progressives want to emulate European health care programs. What Europeans have is not necessarily right nor good.
Today Senator Chuck Grassley, the top Republican on the Senate Finance Committee, said that senators are excluding a provision on end-of-life care from the House bill. This is a major victory for ordinary Americans.
As senior citizens voice their displeasure with “death-panels” and other provisions in the House bill, the Democrat leaders are grudgingly realizing that maybe, just maybe, some provisions in their House bill will not pass with the American public.
The most recent polls show that the demonizing tactics of President Obama and Speaker Pelosi have failed to cover the growing grassroots activism that is rising among ordinary Americans.
The American Association of Retired Persons, A.A.R.P., Vice-President Drew Nannis refused to apologize for how his organization treated their members in a recent town hall meeting. In that town hall meeting, the A.A.R.P. representative refused to listen to the members and abruptly ended the meeting after what seemed to me as frustration on her part.
Drew Nannis referred to those A.A.R.P. members that voiced their disagreement with A.A.R.P.’s support of ObamaCare as “a bunch of people yelling.”
If you take Mr. Nannis’ word, he did say that they recently had another town hall meeting, which he refers to as a listening tour, in Dallas where the same moderator and many of the same members did meet and have a much more cordial exchange of views and ideas.
Philip Klein of The American Spectator noted A.A.R.P.’s cozy relationship with President Obama:
Its CEO, Barry Rand, who was a major Obama donor, has gotten cozy with the administration, and along with the rest of the top brass at the Washington headquarters, has decided to support liberal policies.
It’s been an interesting week in the world of American politics. With the arrogance of congressional Democrats and the White House attempts at discrediting a grassroots movement, the passions will certainly continue to climb after the weekend is over.
Here are some highlights from these past few days:
1. At a town hall last week in Dallas, an elderly “mob” with “manufactured” outrage questioned AARP’s support for nationalized health care, asking: “Do you work for us or do we work for you?”
There were no swastika-wearing grannies at Tuesday’s meeting, as House Speaker Nancy Pelosi might claim. Nor were they “taking their cues from talk show hosts, Internet rumor-mongers . . . and insurance rackets,” as Senate Majority Leader Harry Reid has said.
But they were mad as hell at the perception that AARP was selling them out in the name of government-run medical insurance. That perception was not helped when the AARP town hall on the subject was shut down by the seniors outfit once the members dared to ask questions. The AARP representatives did not want to hear from the members at all. Just send in your dues, granny, and be quiet.
To read the rest of this IDB Editorial click here.
2. You’ve heard a lot about this crazy, scary, vicious mob on some shadowy GOP payroll. By the way the DNC, Rachel Maddow, and President Obama talk, you’d think it was a motley crue of Hell’s Angels.
Let me introduce you to the mob:
In light of Zach’s stellar posting which generated over 240 comments ranging from anarchism to Oscar Romero and which inspired a posting by Michael Denton. These comments, although informative to a certain extent, may have detracted from the original intent of the posting. Henceforth in regards to said activities being done on Zach’s posting concerning Representative Chris Smith, I am starting a new tradition here at American Catholic, the open thread.
So feel free to comment to your hearts delight that isn’t related to any other postings on this website.
The comments policy is still in place so don’t forget to treat each other as brothers and sisters in Christ.
A few days ago I was speaking with a good friend of mine about Margaret Sanger, the founder of the American Birth Control League, which was renamed Planned Parenthood. The conversation shifted to Sanger as my friend, who is pro-choice, and I debated the issue of abortion. Sanger was quite relevant because we’re both African American and the founder of Planned Parenthood was, as is often pointed out by the right-to-life movement, an unequivocal white supremacist who saw eugenics as the means to weed out less “desirable” populations.
I forwarded my friend information about Sanger and the woman’s own words about a variety of matters. That is not why I’m writing this, however. Certain statements by Sanger are absolutely striking because they were statements I did not expect. →']);" class="more-link">Continue reading
I saw the movie with Liam Neeson entitled “Taken”, the other night. It is the ultimate ‘Dads protecting daughters’ fantasy. It plays on a whole lot of primal emotions- particularly the temptation to give oneself over to extreme violence to protect the lives and sanctity of one’s children. Every father wants to imagine himself capable of defending his beloved children from any and all threats- and the father in “Taken” was that ultimate fatherly force. He represented more of a divine Angelic father who slays spiritually evil forces, than a realistic earthly dad- and as such I was able to excuse the incredible violence as something of a parable of ultimate accountability for those humans who perpetrate the evils of human trafficking and slavery.
I wasn’t sure whether or not to post this as an update to my earlier post on John Holdren, but I thought it was interesting enough to warrant its own posting.
I’ve read some of the scanned pages of Ecoscience, the 1977 book co-authored by Holdren that calls for horrifying coercive measures for population control. Interestingly, Holdren & Co. felt the need to address pro-life arguments in their book. Their moral reasoning only proves, yet again, how dangerous (not to mention illogical) some ‘scientists’ can become when they venture into moral philosophy. This provides us an opportunity to take a tour through the inhuman humanism condemned by Pope Benedict in Caritas in Veritate.
I do not believe I was morally wrong or politically naive to personally give President Obama the benefit of the doubt and, until he proved otherwise, accept his claims of wanting to ‘work with’ pro-lifers at face value. I believe prudent and ethical politics, as well as the requirements of Christian charity, placed such an obligation on me, though I understood why some Catholics strongly disagreed. Even just recently I wrote a blog suggesting that we should not engage in nasty rhetoric against the president – and for the most part, I still believe that.
But with Obama’s selection of Dr. John P. Holdren to “Director of the White House Office of Science and Technology Policy”, among a few other high positions – and with the recent revelations of what this man, along with his co-authors, advocated in a 1977 book called Ecoscience (of which I was entirely ignorant), I believe the benefit of the doubt has just been cut.
This gave me a chuckle as our President Obama continues to blame America for every ill in the world.
Listening to this week’s EconTalk interview with Alan Wolfe, author of the recently released The Future of Liberalism, I was struck by the following quote from the book, “Modern liberalism promises equality through what [Isaiah] Berlin calls a positive conception of liberty. It is not sufficient for me merely to be left alone [which is negative liberty]. I must also have the capacity to realize the goals that I choose for myself. If this requires an active role for government, then modern liberals are prepared to accept state intervention into the economy in order to give large numbers of people the sense of mastery that free market capitalism gives only to the few.”
In discussion with host Russell Roberts, himself quite libertarian, Wolfe says that liberals do and should concede that at times empirical evidence will show that such government intervention actually reduces personal autonomy, in which case he advocates changing one’s position. He cites school choice and welfare reform as to examples of traditionally conservative positions he has adopted because he considers that these were both cases of alleviating dependence created by government programs.
But the examples that Wolfe provided of intervention to assure positive freedom struck me as interesting, and provided me with some insight into how thoughtful liberals view the world.