It wasn't difficult to see liberals standing on the Mall in Washington, bundled in warm clothing and loudly cheering President Obama's Inaugural Address, with the promise of larger and more activist central government deployed to implement a "progressive" agenda. But I saw another group smiling softly deep in the background. It was the Crony Capitalists, watching from warm, comfortable Fortune 100 boardrooms across America and on Wall Street, and their K Street lobbyists in DC, all nodding their heads at the opportunity to transform that vision into new laws and regulations that would benefit their own interests. That's the way it works in Washington, and the rest of us are the cream in the Oreo cookie, stuck in the middle and crushed by both sides.
Liberals, especially those dedicated to the cause of civil justice, should be careful what they wish for in the next four years. An Uncle Sam unleashed from the limits on centralized power designed into the Constitution and Bill of Rights could hinder or even crush the individual right to have civil suits heard before a local jury and the right of state governments to enforce local laws benefitting the consumer. In the hands of Big Government Liberals and Crony Capitalists working behind closed doors in smoke-filled rooms, phrases of Obama's speech such as "collective action" and "common effort" could result in budget "compromises" and "Grand Bargains" that leave us with ugly surprises, such as federal caps on damages in medical malpractice lawsuits filed in state and county courts; preemption of state consumer protection laws; and limits on the authority of state Attorneys General. Is that what liberals signed up for when they cheered President Obama?
Civil justice activists of all stripes should heed and cite the majority decision by the Supreme Court in the Obamacare ruling. Thankfully, the Court expressed the need for the Executive Branch and Congress to recognize and follow constitut.... Constitutional experts whose theories were adopted by the majority, such as Randy Barnett and Rob Natelson, have already made it clear that the Roberts decision imposed new limits on the unbridled ambition to override state governments and individual rights. Randy Barnett promises to lead any legal challenge to an enacted fe..., and both experts predict such a law would be struck down by the current Court. As long as that opinion isn't overruled through the appointment of justices who believe in an unlimited Commerce Clause, as promoted in Justice Ginsberg's minority opinion, the Founding Fathers' vision of a civil justice system dominated by..., and not bureaucrats in Washington, will remain alive.
Ironic, isn't it? Civil justice advocates on the left need libertarians and constitutional conservative thinkers such as Randy Barnett and Rob Natelson; conservative Republicans such as Ted Poe, Louis Gohmert, Tom Coburn, Mike Lee and Ken Cuccinelli; and wise Tea Party activists such as Judson Phillips, to keep the promise of equality under law. Let's hope civil justice liberals realize it.
Comment
Comment by Doug Sheets on January 23, 2013 at 9:26am I heard this morning that history isn't even being taught in schools any more. If you don't know what a constitution is, then what goes on today in government is the new normal.
Comment by Roc29 on January 22, 2013 at 8:53pm It doesn’t surprise me that the average American isn’t aware that the Constitution, free enterprise, a market economy, eminent domain and due process, among other hallmarks responsible for our past success, are being subverted or ignored, because the corrupt press agrees with the subversion so they don’t perceive it as anything to report. But I would expect Tea Party members and other patriots who monitor these happenings to be able to understand that it doesn’t matter what is written into the Constitution or law if they are not followed and you don’t have the power or the support needed to enforce them. Only an overwhelming massive hue and cry that manifests itself at the ballot box can bring about a reversal of the course we are on. And that takes educated voters.
They’re getting away with everything, do I need to put out a list? Isn’t anyone paying attention? You can be dogmatically insistent that we are a Constitutional Republic all you want but it just shows that you are ignoring the changes brought on by the 16th and 17th Amendment and the Federal Reserve Act not to mention Case Law that has nullified many of the restrictions our Founders intended with the Constitution.
I could go on but I feel as if I’m shouting in a thunderstorm. I leave you with one last question. If we’re still a Constitutional Republic how come majority rule, the keystone of a Democracy, is the only way to Washington? (And don’t tell me about the Electoral College. It is not operating as intended and an occasional anomaly between the popular vote and the electoral vote doesn’t really change anything.)
Comment by Ronald Sorrells on January 22, 2013 at 6:24pm We have a "Constitutional Republic", "Free Enterprise System, LIFE, LIBERTY & PROPERTY".
My mother would say " Now don't be ugly". Well, I do not wish "to be ugly" BUT ITY REALLY DOES NOT MATTER WHAT ANYONE "THINKS" ABOUT "CAPATALISM, FREE ENTERPRISE OR THE CONSTITUTION !
IF ANYONE DOES NOT LIKE A PROVISION OF "OUR CONSTITUTION' OR THE CONSTITUTION" THERE IS A "DUE PROCESS" TO REPEAL A PROVISION OR TO HAVE A CONSTITUTIONAL CONVENTION ! ANYONE THAT DOES NOT "WANT" TO FOLLOW THAT ROUTE CAN JUST SHUT UP BECAUSE ANYTHING BEYOND "DUE PROCESS" IS MERELY CONVERSATION !
Ron
Comment by Phil McConathy on January 22, 2013 at 1:00pm I see the biggest problem being Obama;s chance to appoint 2 or 3 new justices. If that occurs America is done!
Comment by Roc29 on January 22, 2013 at 11:53am People tell me that Capitalism doesn’t work. I ask how they would know? We haven’t practiced it for over 50 years. (I could argue since 1932.)
At a financial seminar that I recently attended I said that we were practicing crony capitalism and before I could continue the speaker said, “That’s Fascism.” I said, “That’s right.”
Here’s the problem: Conventional wisdom says that we are a Capitalist nation when in fact we are already deeply immersed in Fascism. (Definitions: Communism: Government ownership of the means of production. Fascism: Government control of the means of production. Nazism: Fascism with a genetic component.) This means that whenever anything goes wrong with the economy Capitalism is blamed even if brought about by government interference like the housing boom and bust.1 The solutions proposed are more government control (read Fascism). This creates more economic turmoil for which, once again, Capitalism is blamed. And the vicious cycle continues.
I do not mean to suggest that if we had true capitalism that there would not be economic disruptions, the business cycle has not been repealed, but the business cycle is just that, a cycle, it has ups and downs.2 Without government interference market forces, driven by self interest, will reverse downward trends just as they reverse an overheated economy. It also imposes self discipline, businesses and people prepare for a “rainy day”. This worked for 150 years before the 1929 depression. The depression of 1920, with no government interference, was over in 18 months.
1. As in physics, societies are subject to inertia. Government interference, resulting in mortgages being issued to bad risks took years before the bust.
2. The result of an economy receding is pent up demand. When that pent up demand reaches critical mass the resulting increased activity sparks a recovery.
Comment by Caleb White on January 22, 2013 at 11:21am The civil justice liberals are only interested in their own interests, and not the interests f libertarians and constitutional conservative thinkers.
© 2013 Created by Judson Phillips.
You need to be a member of Tea Party Nation to add comments!
Join Tea Party Nation