daveakl Posted October 27, 2008 Share Posted October 27, 2008 text: "If you look at the victories and failures of the civil rights movement and its litigation strategy in the court. I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order as long as I could pay for it I’d be o.k. But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that. … I’m not optimistic about bringing about major redistributive change through the courts. You know, the institution just isn’t structured that way." Interested in people's thoughts on this. Link to comment Share on other sites More sharing options...
TuckahoeSkin Posted October 27, 2008 Share Posted October 27, 2008 Get ready to be accused of being unfair for posting a quote of his own words. Obama does not believe we are a good and just country. He feels we are the cause of problems in the world. I hope the American people wake up to this. He will do irrevocable harm to this nation. Link to comment Share on other sites More sharing options...
Tulane Skins Fan Posted October 27, 2008 Share Posted October 27, 2008 My first thought: half of the tailgate will harp on one word: redistributive. Somehow, this will be equated with socialism, or some idea that obama wants to spread the wealth around. My second thought: its a pretty good explanation of the role of the courts and the fact that they influence the country in the long term, and do not - and should not - be used to create seismic shifts in the country's direction. Link to comment Share on other sites More sharing options...
Prosperity Posted October 27, 2008 Share Posted October 27, 2008 I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that. … he is SPOT on here the focus on court cases often leads the oppressed (gays now, and always women) to focus their attention to the judicial branches. If as much pressure was put on the legislative branches entire groups of people wouldn't be dependent on court cases and their appeals on such a constant basis. There is a lot of untapped political power that is unused, and that is unfortunate for the oppressed. HE NEVER SAYS REDISTRIBUTION OUGHT TO COME FROM THE COURTS, IN FACT HE SAYS THE OPPOSITE OF THAT* please read carefully redistribution through the courts is unconstitutional by his reasoning: But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society.To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Link to comment Share on other sites More sharing options...
TuckahoeSkin Posted October 27, 2008 Share Posted October 27, 2008 My first thought: half of the tailgate will harp on one word: redistributive. Somehow, this will be equated with socialism, or some idea that obama wants to spread the wealth around.My second thought: its a pretty good explanation of the role of the courts and the fact that they influence the country in the long term, and do not - and should not - be used to create seismic shifts in the country's direction. The courts should judge cases by the rule of law established by the legislative branch. What you are describing is contradictory to this. Judges are not elected. They should not legislate from the bench. Link to comment Share on other sites More sharing options...
brianm23 Posted October 27, 2008 Share Posted October 27, 2008 Isn't that video edited big time? Somebody posted the full interview up here in another thread. Link to comment Share on other sites More sharing options...
TuckahoeSkin Posted October 27, 2008 Share Posted October 27, 2008 he is SPOT on herethe focus on court cases often leads the oppressed (gays now, and always women) to focus their attention to the judicial branches. If as much pressure was put on the legislative branches entire groups of people wouldn't be dependent on court cases and their appeals on such a constant basis. There is a lot of untapped political power that is unused, and that is unfortunate for the oppressed. They've focused on the courts because radical measures don't get approved by the voters. Link to comment Share on other sites More sharing options...
TuckahoeSkin Posted October 27, 2008 Share Posted October 27, 2008 Isn't that video edited big time? Somebody posted the full interview up here in another thread. See post #2. Link to comment Share on other sites More sharing options...
Midnight Judges Posted October 27, 2008 Share Posted October 27, 2008 text: If you look at the victories and failures of the civil rights movement and its litigation strategy in the court. I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote. I would now be able to sit at the lunch counter and order as long as I could pay for it I’d be o.k. But, the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in society. To that extent, as radical as I think people try to characterize the Warren Court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed by the founding fathers in the Constitution, at least as its been interpreted and Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. Says what the states can’t do to you. Says what the Federal government can’t do to you, but doesn’t say what the Federal government or State government must do on your behalf, and that hasn’t shifted and one of the, I think, tragedies of the civil rights movement was, um, because the civil rights movement became so court focused I think there was a tendency to lose track of the political and community organizing and activities on the ground that are able to put together the actual coalition of powers through which you bring about redistributive change. In some ways we still suffer from that. … I’m not optimistic about bringing about major redistributive change through the courts. You know, the institution just isn’t structured that way. Interested in people's thoughts on this. He's saying the total opposite of what you think he's saying. Link to comment Share on other sites More sharing options...
Prosperity Posted October 27, 2008 Share Posted October 27, 2008 They've focused on the courts because radical measures don't get approved by the voters. they do when people use their political power if women used their political power to defend abortion rights legislatively... game over for the pro-life crowd The courts should judge cases by the rule of law established by the legislative branch. What you are describing is contradictory to this. Judges are not elected. They should not legislate from the bench. according to Obama they don't and should not the person you quoted does not disagree you are disagreeing with hypothetical arguments no one has presented Link to comment Share on other sites More sharing options...
TuckahoeSkin Posted October 27, 2008 Share Posted October 27, 2008 they do when people use their political powerif women used their political power to defend abortion rights legislatively... game over for the pro-life crowd You are assuming that all women support abortion. The numbers are not as stacked as you think. Link to comment Share on other sites More sharing options...
brianm23 Posted October 27, 2008 Share Posted October 27, 2008 See post #2. That post has nothing to do with what I said. Link to comment Share on other sites More sharing options...
Prosperity Posted October 27, 2008 Share Posted October 27, 2008 You are assuming that all women support abortion. The numbers are not as stacked as you think. no I don't assume that, most do and that is a huge amount of power Link to comment Share on other sites More sharing options...
daveakl Posted October 27, 2008 Author Share Posted October 27, 2008 He's saying the total opposite of what you think he's saying. Do tell me, what do I think he is saying? I have made no offer as to my opinions on this so let's hear what I am thinking. Link to comment Share on other sites More sharing options...
Koolblue13 Posted October 27, 2008 Share Posted October 27, 2008 That post has nothing to do with what I said. I was wondering that as well. Link to comment Share on other sites More sharing options...
Smoot Point Really Posted October 27, 2008 Share Posted October 27, 2008 IF all this is true (have to make this caveat until I see the "Why'd He Tape"): Do you believe the Warren Court should have gone farther than it did? What should the Federal Government do "on your behalf?" He actually says "we still suffer" because they were focused on the court and not on community organizing to help bring about "redistributive change"... Link to comment Share on other sites More sharing options...
Prosperity Posted October 27, 2008 Share Posted October 27, 2008 Do tell me, what do I think he is saying?I have made no offer as to my opinions on this so let's hear what I am thinking. "I’m not optimistic about bringing about major redistributive change through the courts. You know, the institution just isn’t structured that way." you ought to be optimistic because the likely president agrees with you Link to comment Share on other sites More sharing options...
Midnight Judges Posted October 27, 2008 Share Posted October 27, 2008 Do tell me, what do I think he is saying?I have made no offer as to my opinions on this so let's hear what I am thinking. Are these your words or are they from the text? I’m not optimistic about bringing about major redistributive change through the courts. You know, the institution just isn’t structured that way. Link to comment Share on other sites More sharing options...
TuckahoeSkin Posted October 27, 2008 Share Posted October 27, 2008 "I’m not optimistic about bringing about major redistributive change through the courts. You know, the institution just isn’t structured that way."you ought to be optimistic because the likely president agrees with you It sounds like he is lamenting that fact. Link to comment Share on other sites More sharing options...
daveakl Posted October 27, 2008 Author Share Posted October 27, 2008 "I’m not optimistic about bringing about major redistributive change through the courts. You know, the institution just isn’t structured that way."you ought to be optimistic because the likely president agrees with you huh? Link to comment Share on other sites More sharing options...
daveakl Posted October 27, 2008 Author Share Posted October 27, 2008 Are these your words or are they from the text? Those are Obama's words from the interview. The quoted part is the transcript. Link to comment Share on other sites More sharing options...
Midnight Judges Posted October 27, 2008 Share Posted October 27, 2008 Those are Obama's words from the interview.The quoted part is the transcript. hmmmm need more context then. It would have helped if you put the quote in a wrap quote box and your own words out of the quote box. Link to comment Share on other sites More sharing options...
Prosperity Posted October 27, 2008 Share Posted October 27, 2008 huh? Obama says the courts are and should be constitutionally restrained within the framework of limiting government actions by outlining what the government CAN'T do. (civil rights) The government doesn't legislate rights, they are ours regardless of what the legislature says. The legislature is the one with the power to allocate resources, so any issues dealing with redistribution of wealth (like paying for the school of minority-majority areas) ought to be dealt with in the legislature and not in court, because that is outside the courts domain. Therefore, you ought to be optimistic because Obama doesn't want the courts to do the legislature's job. It sounds like he is lamenting that fact. huh? Link to comment Share on other sites More sharing options...
PeterMP Posted October 27, 2008 Share Posted October 27, 2008 He's saying the total opposite of what you think he's saying. What he DIDN'T say to me is the big thing. He DIDN'T say that the courts shouldn't (in his opinion) take part in redistributive actions. He said that they DIDN'T (and then part on in the text) that it was hard from them to do it, and he didn't think that was the best way to approach the problem going forward, but he never said that he DIDN'T think the courts should take such actions because it would in fact be unconstitutional. Link to comment Share on other sites More sharing options...
daveakl Posted October 27, 2008 Author Share Posted October 27, 2008 Obama says the courts are and should be constitutionally restrained within the framework of limiting government actions by outlining what the government CAN'T do. (civil rights) The government doesn't legislate rights, they are ours regardless of what the legislature says. The legislature is the one with the power to allocate resources, so any issues dealing with redistribution of wealth (like paying for the school of minority-majority areas) ought to be dealt with in the legislature and not in court, because that is outside the courts domain.Therefore, you ought to be optimistic because Obama doesn't want the courts to do the legislature's job. huh? I think you are mistaking his words for mine Link to comment Share on other sites More sharing options...
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