Winner Take All – Trump and the Supreme Court by Oliver DeMille
May 18th, 2016 // 12:40 pm @ Oliver DeMille
by Oliver DeMille
The 2016 election is a watershed event for America. If Democrats win the White House, the United States will be a very different place from now on. And not in a good way.
As an independent, I try to avoid acting like one party is wonderful while the other is just plain “evil.” I know too many partisans—in each of the two big parties—who see the world in this kind of black and white. But there are too many flaws in both parties to think that either of them is the true answer to our nation’s problems.
Except this year. This time things are different.
How? Put bluntly, the death of Justice Scalia has created a serious situation in the Supreme Court. For years we’ve seen a precarious balance on the Court, with close votes sometimes swinging to conservatives and other times to liberals. Scalia was always a sure thing for conservatism, and even with him on the bench progressives won too many cases that hurt our nation.
The only way conservatives keep any semblance of balance on the Court is to fill Scalia’s seat with another died-in-the-wool conservative. Put a liberal or moderate on the Court, and things will drastically shift socialistic for the next decade—or more. And yes, I mean to use the word “socialistic.” This is precisely what will occur.
Such a future will increase government-run health care, educational decline, taxes, intrusive gun laws, a continued loss of state power to Washington, more regulation, bigger government—and a lot more Washington intrusion into our lives, cradle to grave. I think Americans will be amazed at how quickly our freedoms will decline with a patently liberal Court.
Whoever wins the White House this year, it better be a Republican. With Donald Trump as the nominee, it’s a dilemma for some voters. Not for me. I’ve been critical of Trump on a number of issues, but now it’s down to reality:
I don’t know how well President Trump will do in putting the right kind of justices on the Court, but I do know that President Hillary Clinton’s Court appointees will ruin our nation. And fast.
You can call my opinion too political if you want, but I’m absolutely convinced that it’s true. A Clinton victory will bring major negative change to America—especially on the Court. It’s time to get behind Trump and make sure he wins.
Whatever happens, this election has true conservatives and constitutional-focused independents biting their nails. Election night won’t just determine the next president. More than at any point since 1980, this election marks a major turning point for freedom in America—either good or bad. A true fork in the road. The Trump fork may or may not work out very well, but the Clinton fork would be cataclysmic. It’s winner take all, and the prize is the future of the United States.
Category : Blog &Constitution &Current Events &Government &Independents &Leadership &Statesmanship
Stephen Palmer
7 years ago
I’ll poke my eyes out and tear off my fingernails with pliers before I ever vote for Trump. It’s not going to happen.
All it would do is delay the inevitable. We’ve been heading toward socialism for the last century. One president isn’t going to change that.
The only hope I have for America at this point is that the crap hits the fan in a big way and we have the opportunity to rebuild.
L. Q.
7 years ago
Personally I’m not a huge Trump fan, unfortunately a vote for anyone but Trump is a vote for Hillary. A vote for no one is a vote for Hillary.
Clint Fix
7 years ago
I’ve gotta say – I’m surprised to see you advocate for Trump. The supreme court pick(s), in my opinion, are the most important issue of the election. However, I don’t think I could ever back someone like Trump. He is as authoritarian and pro big government as Hillary.
Charles Lee
7 years ago
Socialism is not a demon. It is to fat cat industrialists. It is a buzz word used by the right to get people to stop thinking about the merits of the issue and dismiss it. This is just how racism is used by the left. Mention any ism, and people stop thinking rationally and immediately fall into line. Not saying I am for or against any party. But I am not for an imbecile who encourages people to attack those who disagree with him. That is juvenile and not what this country is about. The America I grew up in is the America that values the saying “I may not agree with what you have to say, but I will defend to the right your right to say it.” The right has often accused the left of being like Hitler. Well you know who encouraged attacks on people who disagreed with him?
Chilton Miller
7 years ago
I agree with Stephen Palmer. I think at this point we get what we get. I am a big advocate for calling a convention of states. Not many other effective things left to chose from than a convention.
Don Schultz
7 years ago
I don’t know if you see it or not, but, the “crap” has already hit the fan! People are already fed up with the status quo in the government, that is why Trump has such big support, across all kinds of political lines, socio-economic lines, racial lines, etc. Donald Trump is not the Devil, he is not the Anti-Christ, he isn’t evil. He certainly has some pretty glaring flaws, as do you and I. He wasn’t my first choice. He is the nominee, by the People’s choice, and he needs to be supported in order to beat the blatant socialists of clinton or sanders and their ilk.
Robby Winterton
7 years ago
Really? You really think Scalia moved the cause of liberty? That’s not my perception. And I thanked God when he took him home. Let’s just take the Citizens United case for example. Do you really think creating a world where you can buy anything with money is conducive towards freedom, prosperity, liberty and justice for all? Or let’s talk about Ashcroft v. Iqbal and whether adding a plausibility test as grounds for a 12(b)(6) motion to dismiss is really in the best interest of justice. Aside from these things he supported torture, denied Guantanamo prisoners the right of habeas corpus, upheld the death penalty for children and the mentally ill, and promoted the authoritarian doctrine of qualified immunity that shields police officers from lawsuits arising from their misconduct. The man was a fucking fascist. But you think his royal highness was good for liberty and justice for all? Please explain this to me?
Christian S. Hinckley
7 years ago
Amen to your column on Trump and Hillary. I actually have some hope that Trump will be a good President. Hillary would be a total disaster. She is an evil witch.
Jason Jasper
7 years ago
We had a chance at a true constitutional patriot but America chose socialism. Don’t be fooled into thinking that Donald Trump is any better than Hillary. “Birds of a feather” brother. Also, Trump has already said who he thinks he’d like to see on the Supreme Court. Besides all that, I can never in good conscience cast a vote for someone who is OK with butchering the pre-born.
Todd Hailstone
7 years ago
Stephen, who’d rather have Hillary in?! Come on, get real, Oliver is probably right (Sincerely, I would love to hear your list of why Hillary would be better than Trump. In fact, why don’t you do both sides like Madison would. It might actually help everyone see it more clearly).
And yes, the “crap hits the fan” discussion is a probability, but what if it doesn’t happen in quite a while. We have to still keep our heads in the game and figure this out.
sue maxwell
7 years ago
I was going to do a write in, but that will just put Hillary in there, and it will be a disaster. Trump is a nightmare, but Hillary would be worse, and she plans to put her husband in to clean up a few messes made by Obama- haha!She will never be indited for her criminal activities, so, after reading this, I guess you are probably right. Too many varied thoughts on if Trump can beat her. It is just one huge mess this year.
Karolee G
7 years ago
Maybe this choice will inspire more Americans to dig in and truly understand our governmental system and the roots of freedom it sprang from.
David Cadarette
7 years ago
@Stephen Palmer I’m totally shocked at your reponse (if you are the same Stephen Palmer who wrote “Manifest Your Denstiny”. A book of the month a while back)
Really? You want America to fail? That’s your only hope??? Pardon my French but that’s garbage. One your articles in your book talks about “speaking life”. Are you one of those guys that just writes about things but really doesn’t practice them?
Want to hear MY hope? My hope is in a Sovereign God that directs the steps of the few of us that still hold out hope for revival. Those of us that pour our time into educating our populace person to person bringing them HOPE and free them to think for themselves. People who would rather be part of the SOLUTION and not hoping for demise!!!
Maybe it’s time to start LIVING the principals we teach!!!! Maybe we should invest where it counts: in the hearts and minds of the people who want to change!!! Maybe we should put our HOPE in the Creator!!! Dream! Create!!! Do SOMETHING besides vocalizing our demise!!!
Chad Palmer
7 years ago
So funny Oliver, I just had this conversation with a mutual friend of ours in Arizona this week. I said previous that I would play the Trump Card and I will not, I was wrong I voted McCain, I voted Romney, not because I believed in their moderate programs but I knew the damage that the liberal programs and agenda would do and decimate our country. A bad program is still a bad program. Sadly a good, courageous man like Dr. Ron Paul or his son Rand, who speaks the Truth, cannot get elected yet in this country and so we will continue to sell our children’s futures for the false comforts that debt and interest give us today. If you add up your current total taxes and interest on your revolving debt each month its usually over 66% leaving you with 34% for living expenses, now you know why you wife has a job too and your working more hours or extra jobs, a president will not fix this problem ever.
Thankfully your book Leadershift with Orrin Woodward gives us a solution of getting out of the financial matrix by paying people to help themselves out of debt and helping other out as well to get out faster. Pure Genius. Grassroots at its Finest, Long Live Free Interpenuers! cap
elijah abuga
7 years ago
Oliver, you’re a great writer, and could not expect you to take sides. Let the American people decide. Do not be biased.
Keith
7 years ago
May are waiting for a collapse because they assume their statesmanship education or their knowledge of the constitution will give them a chance to rebuild in the likeness of the past. This type of thinking is doomed to fail.
Consider this. If you are not already founding something now in preparation for that foretold day of doom, then I guarantee you will not be prepared for anything when that day comes, nor will you be a leader for anything. With Hillary, the doom is here now!. With Trump, it is delayed. I suspect Trump will win for many reasons I dare not say. As for me, the new founding is here and I have jumped into the thick of it.
Kris Rytlewski
7 years ago
The folks who are never TRUMP are forever HILLERY! End of story!!! Listen please for just once in your lives. Trump is NOT a polished politician. I get that. So should you! He’s NEVER debated before. He’s NEVER run for ANY public office before. But, he just mopped the floor with 16 established politicians who are good debaters and good speakers (liars) most of whom are lifelong politicians who only know how to unload the wagon of money they feel they were put on this earth to unload for us. They have NEVER created a single job or signed the FRONT of a check. They mostly all have been bought and paid for by lobbyist and big banks and big business who totally own them!! NO ONE owns Trump! Listen to his foreign policy speech on YouTube! The only one he did with a script (that HE wrote) and with a teleprompter to make sure he got it right! He doesn’t have speech writers. He now has released his list of SCOTUS possibilities and all of them are died-in-the-wool conservatives that have proven track records of sticking to the constitution. Isn’t that what you want?? You have got to be a moron not to put your personal dislikes for the man aside and listen to his one on one talks and take notice of the people he’s starting to surround himself with. He is LEADER and it’s obvious he understands leadership concepts if you simple take the time to LISTEN instead of criticizing. He knows all too well that he doesn’t want to screw this up and he’s getting the best advice he can at the moment to rally more people around the idea of taking control BACK OVER this country and giving it back to us where it belongs. He’s already stated that he only wants one term! His wealthy beyond our wildest dreams and he doesn’t need any of this to live any better. In fact it’ll most likely shorten his life either due to the stress or the opposition taking him out as we know they are capable through past experience. I could go on and on,, but maybe now you get the point that it’s in our best interest to educate ourselves a bit more about him and then decide who you will cast your vote for in the fall. And in the meantime,, how many more can you influence around you to do the same. This is a MOVEMENT in the RIGHT direction if you cannot see that. More votes already for a non-politician in HISTORY for this man and the primaries are not even over yet!! Get passed your bias and the rhetoric and you’ll see this is the best opportunity we’ve EVER had for taking our country back from the Globalists who are trying to dissolve the US of A into a One World Govt. Trump gets this. He understands it. He’s read about it. That’s why he’s fighting it and we as a nation of sheeple need to recognize him for what he’s trying to do and start rallying around the cause. At the same time we’ll wake up more people out of their sleep as to what is going on in this form of Govt. that we used to call a Republic! I may not be the sharpest pencil in the box, but even I can see that this is our last opportunity for a MAJOR LEADERSHIFT change like we had in 1913. But in the right direction this time, and not the one we had then that set us on the currect course where we’ve almost totally lost the land our forefathers fought and died for us to inherit. It’s shameful how ignorant we’ve become as compared to those men! And I too am at fault. It took me until age 48 (8 years ago to wake up). My thanks goes to Orrin Woodward and Oliver and I’ve read all of their books on this journey. I highly recommend that you do the same as a good starting point! You’ll figure out the rest as you go. Thank You for your time. Best Regards in your quest for knowledge. Kris Rytlewski
Melody
7 years ago
Thank you Oliver for sharing these difficult thoughts. I know it must have been hard to share this stance. I’ve admired your way of staying as neutral as possible despite your passionate views. This is very poignantly direct in your recommendation. I’ve been struggling with what to do as good men have fallen out of the race. I still can’t believe the farce of Trump still remains. But it is what it is. Thank you for helping me find more solid ground for making my stand. You are a warrior for good and I thank you and your family for fighting for our great nation.
Charles Lee
7 years ago
The advent of Trump’s candidacy has really shaken up America these past few months. People are either for him, or adamantly against him. Many see him as the savior of the country. Some say he is a misogynist, others say he is bigoted, and some say he is an idiot. The one thing Donald has been, is honest!!! Yes, honest.
Some people have gotten on board with Trump because of his “racist” statements about Hispanics and Muslims. The media made sure we saw the confederate flags and the other symbols that people associate with hate groups. That is what this segment of the population saw in Donald. They think he is one of them. I truly think he is not, he just happened to draw them.
The appeal of Trump for many people has been this. When you heard Trump speak you heard someone having a conversation instead of someone preaching high ideals at you. You heard a man speaking from his heart instead of speaking from what the pollsters and pundits said would win votes. He spoke off the cuff, straight from the shoulder. How refreshing that was, even for me a flaming liberal. Honestly, in politics is not the best policy. America – at least since I have been voting – is not used to having a politician speak from the heart. Yes, he said some things that seemed crude and even bigoted. But I do not think Trump hates Hispanics. He said that all those coming across the border illegally are rapists and drug dealers and crooks. That is a highly inaccurate statement, but that is his perception. Donald does not hate Hispanics in general, but he detests those who come in illegally, even if a great percentage of them are mowing lawns and cleaning buildings.
Then there was the ban all Islamics until we sort things out statement. Does Trump hate Muslims? I don’t know. It was certainly politically incorrect, but again, he said what was in his heart. Again he told the truth in terms of what he was feeling. He did not sugar coat it. And we on the left feel that a lot of those Republican leaders feel the same way. Hell a lot of people on the left feel the same way, but that is not the “proper” stance on this issue. However, Donald was not concerned with what was proper. He was being real.
His realness has a great deal to do with his appeal. His rise is an indictment of American politics. American’s have grown used to lies, posturing, political correctness. Donald has sent a message to both sides, and that message is, the American people are tired. Even some of Bernie Sander’s supporters are looking at Trump. They probably won’t convert in large numbers but some have said they are looking at him. Those voting for Trump are voting for many reasons. The most prevalent of which is to say “not the status quo.”
However, Trump is changing. If you are paying attention you will notice that after his talk with Cruz, Trump is becoming more like what his followers were trying to avoid. After the meeting they both said progress was made. Yet Cruz withheld his endorsement. When asked about the Transgender “issue”, suddenly Trump became very politically astute. He said he was for extending rights to them, but it should be on a state-by-state basis. Now hold on, since when has Trump been that watered down. Trump was fiery, now suddenly he gives an obviously very calculated answer. One that does not outright alienate the transgender segment, but it also does not alienate the right wing base.
Trump has a really good chance of winning. But make no mistake, he is being watered down. The honest Trump who speaks his mind is going to be gone. He will sell himself to the establishment. Good or bad, right or wrong. It is – was they say – what it is.
What does Trump say about America? It says we are hungry for leadership from the heart. We are hungry for genuine conviction that inspires. What we have is calculated stances based on the latest polls. What we have is juvenile finger pointing and self-righteous posturing. We are hungry for a real leader to rise from the masses. Someone who will say the difficult things from his or her heart. Of course, the last one who did that wound up on a cross. Just kidding but you get the idea.
I do not see Trump as the answer, nor do I see Hillary as the answer. Whichever candidate people chose in November, most will be voting against the opponent and not so much for the candidate. That is really sad. Again neither is what we need, but I think the advent of Trump points us to what we are longing for.
Robby Winterton
7 years ago
@Charles Lee:
Calling Donald Trump honest is exceedingly generous. I assume you’ve seen his show. The man is a businessman, he’s a salesman; he identifies the people he wants to appeal to and tells them what they want to hear with so much extreme confidence that they believe him. But, when you look at his track record, Trump is all over the place in what he thinks DEPENDING ON WHO HE IS TALKING TO. You believe he is honest simply because he is a better liar than most politicians. IT’S SALES, BABY!!! And he is king at that.
Charles Lee
7 years ago
@Robert Winterton – Okay well lets call it the illusion of honesty. In other words straight answers that appeared to be off the cuff. The point is, we are hungry for an impassioned leader and not a politician.
Len Hardie
7 years ago
I am amazed at my own change of heart. I told everyone who would listen, Never Trump!
His vulgarity, bragging and crude attacks were embarrassing. However today, when we have no one else but Hilary, I find “the Donald” acceptable. I can’t explain it.
Ammon Nelson
7 years ago
Why not a third party candidate? With the Republican part so divided, isn’t a distinct possibility that a third party could win, over the Republican candidate?
Ammon Nelson
7 years ago
@Charles Lee
Trump is anything but honest. He says things the way that he believes people want to hear them, and people believe he’s honest. Speaking things how people want to hear is not honesty, nor is it an impassioned leader. He’s an opportunistic clown playing a game.
Charles Lee
7 years ago
@Ammon Nelson Okay you get no argument from me. Again my point was, people are hungry for impassioned and inspired leadership. Not saying Trump is that. He is already starting to kowtow to the Republican leadership. He appeared to be “that”. It simply illustrates what people are desperate for. To the point they will turn to an opportunistic clown if he appears to be “that”.
Nikki Fowers
7 years ago
I have a question for you, Why can we as a country not get a legitimate third party nominee together! Why would a vote not for Trump be a vote for Hillary. From what I understand this is from the National Archives and Records, according to the US Electoral
College “What happens if no presidential candidate gets 270 Electoral votes?
If no candidate receives a majority of Electoral votes, the House of Representatives elects the President from the 3 Presidential candidates who received the most Electoral votes. Each state delegation has one vote. The Senate would elect the Vice President from the 2 Vice Presidential candidates with the most Electoral votes. Each Senator would cast one vote for Vice President. If the House of Representatives fails to elect a President by Inauguration Day, the Vice-President Elect serves as acting President until the deadlock is resolved in the House.”
So if we as a people or even the Senate and House can figure out someone to steal some of the votes then we might have a chance of good.
As I have heard a lot over my lifetime, choosing the lesser of two evils is still evil. What do you think, is there really a chance to change the system or are we just stuck?
Robby Winterton
7 years ago
@Charles Lee
I agree with you that Americans are hungry for an impassioned leader and not a politician. Americans are furious about what is taking place in America, and they don’t trust politicians because they believe the plutocrats have bought and paid for them like commodities in a market. When I think of impassioned leaders, I think of Adolf Hitler, who was able to tap into the anger of the German people with what was going on in their country at the time. I think the phenomenon of Trump is (1) he is already famous due to his wealth and reality TV show, (2) he is not a politician, and (3) he has been able to make the people believe that he empathizes with them and is as furiously angry about things as they are.
Charles Lee
7 years ago
@Robby Winterton
Well Hitler isn’t exactly what I had in mind. So let me amend that statement. American is longing an impassioned leader who has their best interest in mind. Instead they have Donald Trump. Trump who just a while ago was for gun control and now he is whoring himself to the NRA. I am not making a statement about gun control either way. But this illustrates your point about Americans believing that their politicians are ‘ bought and paid for …. like commodities in a market. ” The first few months Trump came across like that impassioned leader who cares. Now we see, the same old nonsense. We see his true colors. He has been told to “Play the game.” In the minds of some this is a necessary evil to defeat Hillary. I am sure many see it as a necessary evil to ensure a conservative appointment to the Supreme Court. Of course I stand on the other side of that spectrum and want a progressive in the court, but not sure I want Hillary. Of course if Congress played by the established centuries old rules, this would not be an issue. It is once again, an example of “me first” politics. If they had integrity about their jobs the Court would not play into the election at all. They would be voting on an appointee.
I really believe an impassioned person of integrity (good luck with that) would be able to unite this country across party and philosophical lines. It is not the progressive or conservative thinking that is ruining this country. It is the unwillingness to cooperate. The attitude of I’m right at all costs from both sides. Such that, their political stance becomes more important the American people and democracy.
The other thing that represents a definitive threat to freedom, is the “play the game” attitude. The “game” is the greatest threat to this country in my opinion.
Chad Palmer
7 years ago
Just a follow up, A vote for Trump is a vote for Hilary. Do some research, they have both been working in New York for years for Big Business and Big Government. Wake up and Get out of Debt and stop paying interest to support their big buildings. All the major cities are owned by banks, insurance companies and government agencies big business (TRUMP). Smell the truth yet? I’m voting on you getting out of the financial matrix . cap
Robby Winterton
7 years ago
@Ammon Nelson:
Ammon, all great salespeople are impassioned leaders. Without a lot of passion and emotion, a person will not be good at closing sales and will therefore not be a great salesperson, for sales is nothing more than a transfer of emotion from one person to another. Donald Trump *is* an impassioned leader, and this enables him to be a great salesperson.
While many salespeople require actual, honest belief in what they are selling in order to be able to feel and transfer passion and emotion to others, it is not necessary. You just have to be good at faking it. This is difficult for some people, but I don’t think the Donald has that problem.
Robby Winterton
7 years ago
@Charles Lee:
I too want to see a real progressive in the Court, and I don’t see Hillary as a real progressive. When you speak of an impassioned person of integrity, I assume you mean someone who is passionate and really believes what they say. Bernie Sanders is a very passionate leader who has a consistent record of speaking the same message for over 40 years. Also, he is an independent who works with both sides of the party lines. It sounds like he fits your candidate of choice.
Robby Winterton
7 years ago
@Chad Palmer:
Sounds like you would enjoy watching Requiem for the American Dream—https://www.netflix.com/title/80083790.
Charles Lee
7 years ago
@Bobby Winterton
I agree with a lot of what Bernie says. I agree that it would be advantageous for a State College Education to be tuition free. I also agree that it is a good idea to provide Heath Care to the entire population. I don’t mind paying a bit more in taxes for that and I don’t see a problem with raising taxes on the upper echelon of the income earners. Before retirement I was in that upper echelon. However, I think a flat rate for everyone with no deductions would be a good idea, but there are pros and cons for both. I think the Dems are afraid of Bernie’s open profession of being a Socialist. Although not a pure Socialist. Also like the Repubs, the Dems have their establishment, and to get in you must “play the game”.
As I said in another comment, the label “socialism” is too often a buzz word to stifle free thought and debate. If Bernie is nominated I would consider him.
The real problem is that either agenda would work. The conservative or the progressive agenda would work for this country. But because people are so bull headed and stubborn, they will not work together. That is what is required for either path to work. Those who oppose one agenda refuse to work with those who favor it. Also those who favor it, refuse to admit where there is a glaring weakness and therefore reforms that would help temper the flaws are not made. Either agenda would work because if each side cooperated, and if the proponents of the prevailing thought would admit to flaws, things would be adjusted. Each agenda would be tailored to reality and work towards a centrist solution.
The other problem is that neither stance – as they exist now – is pure. The conservative agenda is an agenda infused with the NRA, Tea Party, and Wall Street influences. The progressive agenda is an agenda infused with the NAACP, NOW, and various Environmental and other groups. All of these groups on both sides have their own narrow interests. They don’t even serve the best interests of the causes they claim to promote. Each promotes its own survival. So we do not have pure conservatism or liberalism.
If the country heads in one direction and everyone drops their egos, and under the table dollars from undue influences, we could work together. Admit the flaws and work towards a solution. But again, it is “me first” and “play the game” politics.
As a great man once said “you may say that I’m dreamer….”
Robby Winterton
7 years ago
@Charles Lee:
Great indeed.
https://www.youtube.com/watch?v=RwUGSYDKUxU
Chad Palmer
7 years ago
Thanks Robby, I agree with Noam Chomsky on most points except I believe there is still hope for our nation. When the common man gets control of his debts and stops paying interest by applying known principals from Benjamin Franklin 13 Resolutions. Read Resolved by Orrin Woodward. Oliver has the links here on his site. In God we trust, all others must have data.
Robby Winterton
7 years ago
@Oliver Demille:
I just finished reading the case of Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. (1998) in which the Supreme Court dealt with the doctrine of sovereign immunity. The concept of due process requires a judicial forum that can provide redress when there is a deprivation of life, liberty, or property. However, under the doctrine of sovereign immunity, when the Government has harmed individuals, there is no court to hear those individuals’ case unless the Government consents to be sued. I agree with Abraham Lincoln when he said, “It is as much the duty of Government to render prompt justice against itself in favor of citizens as it is to administer the same between private individuals.” I think the doctrine of sovereign immunity is a repugnant doctrine that is harmful to the concept of liberty and justice for all and is in conflict with the principles of the Constitution. Therefore, it baffles me when you say Scalia’s presence on the Supreme Court was good for freedom when, in addition to the previously mentioned decisions in my first comment, he supported the doctrine of sovereign immunity. Perhaps in your next article you can explain your reasons for why you think Scalia’s presence on the Supreme Court favored the cause of liberty?
Robby Winterton
7 years ago
@Oliver DeMille:
Today I just read Michigan v. Bay Mills Indian Community (2014) and Scalia repented of his error, retreated from his former position 16 years earlier, and admitted that he made a mess and was horribly wrong. I give him respect for doing that. (I respect him anyway for his super-smart brain.) But I still don’t understand why you would want another man like Scalia on the Supreme Court when he subverted the cause of liberty in so many instances.
Oliver DeMille
7 years ago
@Robby Winterton,
1) Your earlier comment to me via email re socialism was interesting. You rightly pointed out a number of problems with capitalism (greed and excess), and then suggested that maybe socialism is preferable. I see both as bad. Laws that give special benefit to government (as socialism always does) and laws that give special benefit to those with capital/wealth (capitalism) are both missing the boat. A system that gives no special benefits to anyone, that treats everyone equally before the law (free enterprise) is the real solution.
2) Your comments here on Scalia are in legal context. My comments on Scalia were in Constitutional context. Big difference. On the legal context of Kiowa v. Manufacturing, I agree with you. In fact, I probably disagree with Scalia on a number of specific arguments/cases/dicta. But I also see the need to not hand the Court to liberals/progressives. Keep a balance. Otherwise, we’ll see ridiculous levels of gun control, federal programs upheld as taxes (e.g. Obamacare), a lot more split decisions that hurt families, and a huge growth of the federal government (with more loss of state sovereignty).
Good thinking.
Oliver
Chad Palmer
7 years ago
Thanks for the clarification on the previous post @Oliver, just toured the Hurricane (ditch rider area) this week, I first received Freedom matters from Rob in 2012 and we then have purchased almost all of your works since then. I really enjoyed meeting You and also spending time with your son from time to time. Thank you for building a Legacy of Character and Honor to be learned and used by the masses in a simple and basic way easily understood and firefighter proof so that I could teach it to our family then to our friends and family then message and model to our community and our world. Now let’s get the glaze off another family today, God speed. cap
Robby Winterton
7 years ago
Oliver,
You say that what you want is for everyone to be treated equally before the law. However, that wouldn’t be just or fair if the law itself is inherently unjust or if you apply the law in a system that is already unjust or unfair in it’s current allocation of property. I think what you really want is liberty and justice for all, a society where everyone is treated fairly.
Free enterprise* isn’t just or fair, if by free enterprise you mean an unregulated market or one with very little governmental intervention and few restrictions on business activities and ownership. (*It seems to me that attaching the word “free” to this type of economic system is a sales trick intended to lead people to think this economic system entails freedom for all players involved.) I think Friedrich Kessler did a good job of explaining this in the following quote:
“[T]he law, by protecting the unequal distribution of property, does nothing to prevent freedom of contract from becoming a one-sided privilege. Society, by proclaiming freedom of contract, guarantees that it will not interfere with the exercise of power by contract. Freedom of contract enables enterprisers to legislate by contract and, what is even more important, to legislate in a substantially authoritarian manner without using the appearance of authoritarian forms. Standard contracts in particular could thus become effective instruments in the hands of powerful industrial and commercial overlords enabling them to impose a new feudal order of their own making upon a vast host of vassals.” Friedrich Kessler, Contracts of Adhesion—Some Thoughts about Freedom of Contract, 43 COLUM L. REV. 629, 640 (1943).
The rule of law, or proper role of government, is to promote equality. Too much consolidation of power (including wealth of property) suppresses the liberty of others and prevents them from obtaining justice. The greatest abundance of liberty and justice for all is found within a system that prevents power from consolidating too much and maintains a relative equal distribution of property. For this reason, a society seeking liberty and justice for all should enact institutions endowed with sufficient force to check consolidations of power and level the playing field. Naturally, these institutions must also be structured in a manner that will prevent them from creating inequality.
Since you come from the Mormon tradition (and since I assume many of your readers do too), I will mention that LDS history and beliefs support the idea that freedom requires equality. In D&C 78:5-6, Joseph Smith said God told him, “That you may be equal in the bonds of heavenly things, yea, and earthly things also, for the obtaining of heavenly things. For if ye are not equal in obtaining earthly things, ye cannot be equal in obtaining heavenly things.” I cannot imagine anything more heavenly than freedom, liberty, and justice for all. In D&C 49:20, Joseph Smith said God told him, “But it is not given that one man should possess that which is above another, wherefore, the world lieth in sin.” The early Latter Day Saints believed no unclean thing (i.e. sinful thing) could enter into God’s presence, and so they sought to build what they called “Zion,” for without doing so, God could not come be with them. Zion was a society of people where one man did not possess more than another, but instead the people owned all things “in common,” and there were no classes for they were all made one through redistribution of wealth from rich to poor. 3 Ne. 26:19, 4 Ne. 1:3, Moses 7:18, D&C 104:15-16.
When the present system of property law is so unjust, you cannot maintain that the best solution is for government to apply the law equally to all and then say, “This is good for liberty.” In the words of Bryan Stevenson, “The opposite of poverty is not wealth; the opposite of poverty is justice.” The poor get no justice in this country. And the only way to obtain liberty and justice for all is to create and maintain a system where there is relative equality of wealth. The proper role of government is to establish and maintain this equality. The hard part is structuring forms that will do this and not exacerbate the present inequality.
Charles Lee
7 years ago
@Robby Winterton – I don’t buy the Right’s cock and bull story about maintaining liberty. These are not true conservatives. They main objective it to maintain their advantage in a rapidly changing society. We are seeing a change in the demographics of America and that frightens some who have held the advantage. So they are rallying – under the guise of conservatism – to maintain that advantage at all costs. We have seen capitalism when it was unfettered, and we saw abuses of child labor, sweat shops, blind eyes to products that were known to be dangerous, and inequality in promotions and pay. This movement is not conservatism, it is fear. They know the poor get no justice, and they want to keep it that way. Capitalism needs a desperate class to afford it cheap labor with no means to fend for itself. I long for a genuine conservative movement. But none exists. Just a bunch of desperate men trying to keep their advantage, and the backlash for all the gains made by others, is called Donald Trump.
Robby Winterton
7 years ago
Yes Charles, for most conservatives the word “justice” is really just another way of spelling “just us,” and the concept of moving the cause of liberty is really about moving the cause of liberty for only a portion of the population. Over and over I have watched and observed conservatives and neoliberals become indignant when someone or something begins interfering with employers’ rights to exploit and take advantage of the weak and vulnerable.
Chad Palmer
7 years ago
@Robby
I knew at some point after following your conversations on other sites that these comments would begin, thank you for your opinion Robby, its refreshing to have someone who is willing to stand up for what they believe in. At the core we want more Freedom and Liberty. Because we look through a different lens at the world, our views will never be the same. In the end I know our Constitution will remain, our Bill of Rights will survive and the Articles of Confederation with the Scriptures under God will guide us through our darkest days ahead. Stay the course. God Bless. cap