Archive for June, 2008

Is Obama Becoming Hillary Clinton?

Written by Robert Justin Lipkin on June 30th, 2008

Besides voting for the authorization to invade Iraq and never apologizing for doing so, the main reason many lefties voted against Hillary Clinton is that she seems willing to say and doing anything to win. Is Obama starting down this duplicitous path? He certainly seems to be moving to the center regarding gun control, NAFTA, campaign finance, FISA warrants, and the death penalty for certain kinds of child rape. What else? No doubt, the system is designed to encourage even force candidates to move to the center. But if Obama figures that his lefty base has no place to go, he’s making a mistake. Why? Because staying home on Election Day or voting for a third party candidate is not out of the question for some lefties. Enough to hurt him? Who knows? Obama should not risk finding out. Some reciprocity is warranted here. Lefties should be willing to give Obama some latitude just as long as his engagement with center values is principled and not too often.

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Taking Aim: The Supreme Court Runs Out of Ammunition in Interpreting the Second Amendment

Written by Robert Justin Lipkin on June 27th, 2008

“A well regulated Militia[,] being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.”

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—- U.S. Constitution, Amendment II

Read Linda Greenhouse’s piece in today’s NY Times: “The Supreme Court on Thursday embraced the long-disputed view that the Second Amendment protects an individual right to own a gun for personal use, ruling 5 to 4 that there is a constitutional right to keep a loaded handgun at home for self-defense. . . . The landmark ruling overturned the District of Columbia ban on handguns, the strictest gun-control law in the country, and appeared certain to usher in a new round of litigation over gun rights throughout the country. . . . The court rejected the view that the Second Amendment’s ‘right of the people to keep and bear arms’ applied to gun ownership only in connection with service in the ‘well regulated militia’ to which the amendment refers. . . . Justice Antonin Scalia’s majority opinion, his most important in his 22 years on the court, said that the justices were ‘aware of the problem of handgun violence in this country’ and ‘take seriously’ the arguments in favor of prohibiting handgun ownership. . . . ‘But the enshrinement of constitutional rights necessarily takes certain policy choices off the table,’ he said, adding, ‘It is not the role of this court to pronounce the Second Amendment extinct.’ . . . Justice Scalia’s opinion was signed by Chief Justice John G. Roberts Jr. and Justices Anthony M. Kennedy, Clarence Thomas and Samuel A. Alito, Jr.” For the dissenting opinions continue reading here.”

How Justice Scalia derives an individual right of self-defense from the Amendment’s text is mysterious. Some scholars believe that he is justified in doing so because grammar and semantics require his conclusion. But in the logic of practical reasoning, reasons and purposes limit the imperatives derived from them. I’ve written on this issue in ECA before and reprise an earlier post below.

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ECA, 17 February 2008

For the first time in over sixty years, the United States Supreme Court will soon decide one of the most polarizing constitutional controversies: What sort of regulations on guns does the Second Amendment prohibit. The last time the Court decided a Second Amendment case was in Miller v. United States (1939), when the Court held that a twelve inch sawed off shotgun was not protected under the Second Amendment. In the present case, District of Columbia v. Heller, the Court will decide whether the District of Columbia’s restrictive gun regulations, regulations making it virtually impossible to use a gun for self-defense even in one’s home, violate the Second Amendment. The implications of the Court’s decision in this case are enormous directly and indirectly affecting the constitutionality of gun control legislation throughout the nation.[1]

Although, the Second Amendment implicates tough moral, cultural, and social issues, the constitutional issue is this: While none of the rights contained in the Bill of Rights is absolutely inviolable, some of them, especially the right to free speech, require a strong judicial presumption of constitutionality. For a regulation to succeed, the government must have an unusually powerful justification. If the Court uses the free speech clause of the First Amendment as the model for applying the Second Amendment, gun control regulations will become virtually taboo. Had the Second Amendment said, “The right of the people to keep and bear arms shall not be infringed,” gun rights and speech rights would require the same type of justification. But the Second Amendment includes a pesky, little preface, absent in the First Amendment, qualifying the right in question. And that’s where the serious trouble begins.

In deciding whether to uphold a lower court’s decision, striking down the district’s regulations, the Supreme Court must decide what effect, if any, the clause–”A well regulated Militia[,] being necessary to the security of a free State”–has on the right contained in the clause, “the right of the people to keep and bear Arms shall not be infringed”?[2] In earlier decisions, the courts have viewed the preface to be the reason the people have the right to keep and bear arms, namely, in order to equip a well-regulated militia. How should the Court now interpret the Second Amendment right in light of this qualifying preface? The answer to this question is the core of this controversy.[3]

The vitriol surrounding this issue blinds proponents of gun rights to the existence of the preface, while undue emphasis on the preface tends to camouflage the right’s existence. Constitutional integrity requires the Second Amendment to be read in light of its entire text. Focusing on one portion of text to the detriment of another, in effect, rewrites the Amendment. The Roberts’ Court should be wary of handing down a decision that ignores any part of the constitutional text. If it is not, the Court will be making law from the bench, usurping Congress’ constitutional authority as lawmaker.

Which interpretation of the Second Amendment should the Court embrace? The major contenders in this battle are two seemingly irreconcilable interpretations. In one corner stands the state’s right interpretation and in the other corner stands the individual rights interpretation. The former permits significant regulations of guns, while the individual rights interpretation makes it much more difficult to sustain such regulations.

According to the state’s rights interpretation, the Second Amendment guarantee was designed to prevent the fledgling federal government from daring even to think about disarming the state militias which was, at the time, the primarymilitary force used to defend the states. If the federal government could disarm a state’s militia, it could in effect banish the militia entirely. The reason states were intent on constitutionally protecting their militias was simply their distrust of standing armies and the conviction that an armed militia could prevent unconstitutional domination by the federal government.[4] In short, according to this position, the right to keep and bear arms is a right of a state government to form and arm what in contemporary America we know as the National Guard.[5] Since, according to this interpretation, gun rights are inextricably linked to state militias, regulations which do not affect a state’s militia are beyond the Amendment’s scope. In fact, the most recent Supreme Court case, Miller v. United States, decided in 1939, made clear that only guns that were part of a well-regulated militia are subject to Second Amendment protection. This doomed sawed off shotguns which were the guns in question in the Miller case.

State constitutions during the founding era sometimes included prefaces which qualified the various rights in question; however, none of the other rights in the Bill of Rights do. The Founders must have had a reason for including a preface in the Second Amendment, but not in the First Amendment or any other provision in the Bill of Rights. Consequently, it seems clear that the founders had no intention of making the right to keep and bear arms a right of individuals; their goal was to protect republican community, not liberal license.

By contrast to this historical explanation, the individual rights interpretation resonates with contemporary sensibilities. In this view, the Second Amendment’s right is a right of individuals just like the right to freedom of speech. Although the Second Amendment has a civic purpose expressed by its preface, if Americans are to realize their birthright of liberty, the right to own guns must be equally as significant as the right to free speech. Both contribute to liberty which the Constitution was designed to articulate and defend. Moreover, the only practical way to ensure that the militia remains viable is for individuals to be armed. Interpreted in this fashion, the Roberts’ Court should strike down the District’s restrictive gun regulations.

What will the Court decide? Is the right in the Second Amendment a right of states or an individual right of persons? Predicting what the Court will do is a risky business, but a few things seem clear. The Court will neither embrace a muscular state’s rights position nor an unqualified individual rights position. Indeed, there exists the distinct possibility that the Court will split the difference between these competing interpretations. If so, the smart money is on Justice Anthony Kennedy, typically the swing vote since Justice O’Connor retired, to tip toe between these competing interpretations leading the Court to fashion a compromise. The Second Amendment contains a significant individual right, but not one not requiring an unusually powerful reason for its regulation as is required in the free speech cases. If the government’s reason for regulating gun rights is reasonable, that is, if it does not present an undue burden on gun owners, then the regulation will be upheld. For example, hunters and individuals keen on guns for self-defense can count on Second Amendment protection. By contrast, licensing and background checks, machine bans, gun-free zones, and other regulations not posing an undue burden on gun owners would be permissible. The District’s regulation making it virtually impossible to use a gun for self-defense in one’s home will be struck down. This compromise might work for the moment, but neither side will be entirely satisfied. The result is likely to be a firestorm of litigation over what counts as a “reasonable” regulation, and when precisely does one place an “undue burden” on gun rights. Judicial compromises rarely resolve hot-button controversies. They just postpone debate until another day. __________________________

[1] The decision will apply directly to federal laws regulating guns, but only apply indirectly to state laws. Before state laws can be brought under the gambit of the Second Amendment, the Court must first decide whether the Second Amendment is incorporated through the Due process Clause of the Fourteenth Amendment to state laws.

[2] Characterizing the issue in this manner sidesteps the question of whether the right’s clause in the Second Amendment is the same right as the one in “The right to keep and bear arms . . .” One could argue that the preface does not merely qualify the right but renders it dependent on the preface for its content, that is, for its scope and limits. Of course, this argument depends on giving the comma less weight than most observers would claim it has.

[3] The Second Amendment is a paradigmatic case of a poorly drafted provision. Does it say anything more than “Because a well regulated militia is necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.” This seems to tie the right more closely to its justification. It also brings out more clearly the anachronistic element in the Amendment.

[4] The idea that an armed citizenry could prevent a tyrannical United States government from getting away with oppression or even sufficiently harassing the United States government into submission or even if slow down oppressive practices to a significant degree is implausible in the extreme. If that’s so, and since the Framers believed a militia was a better form of self-defense than a standing army, the question arises whether the Amendment is still relevant to our changed circumstances.

[5] It remains controversial whether the Second Amendment’s militia language can be reasonably regarded as referring to the National Guard or whether it refers to some larger subset of the people.
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Referenda & Democracy

Written by Robert Justin Lipkin on June 25th, 2008

Check out the following commentary on Ireland’s rejection of the Lisbon Treaty. . . . “The Irish No provides Europe with an opportunity to rethink its approach to referendums. Ever since Napoleon initiated the modern practice two centuries ago, referendums have been one-shot affairs — the people going to the polls to say Yes or No without taking preliminary steps to deliberate together on the choices facing the nation. . . . This populist method is unworthy of a modern democracy. If an issue is important enough to warrant decision by the people as a whole, it is important enough to require a more deliberate approach to decision-making. If the Irish return to the polls next year to rethink their vote, they should be encouraged to engage in a more deliberative exercise. Two weeks before the next referendum, Ireland should hold a special national day of deliberation at which ordinary citizens discuss the key issues at community centres throughout the country. . . . Suppose, for example, that deliberation day begins with a familiar sort of televised debate between the leading spokesman for the Yes and No sides. After the television show, local citizens take charge as they engage in the main issues in small discussion groups of 15 and larger plenary assemblies. The small groups begin where the televised debate leaves off. Each group spends an hour defining questions that the national spokesmen left unanswered. Everybody then proceeds to a plenary assembly to hear their questions answered by local representatives of the Yes and No sides.” Continue reading here.

Should democracy be understood as a system of government based on populist, direct, and majoritarian self-rule? Or instead should it be understood as deliberative democracy or republican democracy? Should self-government consist of merely counting heads or should it consist of counting thoughtful heads?

Is Iran the Next Iraq?

Written by Robert Justin Lipkin on June 25th, 2008

If John McCain wins the presidency will he use military force to attack Iran? Here’s one possible answer: “In the race for the White House, John McCain has trumpeted Iran as a paramount threat to the United States (and its close ally Israel), and has asserted that Iran will be the No. 1 foreign policy problem facing the next administration. McCain uses Iran as a prime example of what he depicts as his opponent Barack Obama’s naive and guileless approach to U.S. foreign policy. Just like the president hopes to succeed, McCain has sought to deploy Iran as a political weapon of mass destruction. . . . In an interview with the Atlantic in late May, McCain said that ‘Iran is hell-bent on the destruction of Israel, they’re hell-bent on driving us out of Iraq, they’re hell-bent on supporting terrorist organizations, and as serious as anything to American families, they’re sending explosive devices into Iraq that are killing American soldiers.’ In a speech to the American Israel Public Affairs Committee this month, McCain again mocked Obama’s willingness to enter into dialogue with the Iranians, saying, ‘The idea that they now seek nuclear weapons because we refused to engage in presidential-level talks is a serious misreading of history.’ . . . The problem with McCain’s alarmist rhetoric throughout the presidential primaries and now in the general campaign is that he’s got the Iran problem almost entirely wrong. Notwithstanding his deep resume on national security matters, his statements seem to reflect little understanding of the realities America faces in terms of dealing with Iran. Moreover, despite how highly he rates the problem, and his own foreign policy credentials, McCain seems to have no clear plan for actually dealing with Iran.” For more click here.

The past seven years have conclusively demonstrated that using war as a primary method of foreign policy is arrogant, myopic, and extraordinarily dangerous. Our constitutional democracy must reform itself to grant the people power to prevent unaccountable and unscrupulous individuals from dragging the nation into the purgatory, no the damnation, of war, especially when Congress acts as a rubber stamp to madness. Historians sometimes say great presidents are born in war. This means that these presidents had war thrust upon them. It doesn’t mean if you want to be a great president initiate unnecessary wars. The present administration refuses to see this distinction.

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Should Oil Company CEOs be Prosecuted in a Court of Law?

Written by Robert Justin Lipkin on June 24th, 2008

eca11.jpgContemplate the following: “James Hansen, one of the world’s leading climate scientists, will today call for the chief executives of large fossil fuel companies to be put on trial for high crimes against humanity and nature, accusing them of actively spreading doubt about global warming in the same way that tobacco companies blurred the links between smoking and cancer. . . . Hansen will use the symbolically charged 20th anniversary of his groundbreaking speech (pdf) to the US Congress – in which he was among the first to sound the alarm over the reality of global warming – to argue that radical steps need to be taken immediately if the ‘perfect storm’ of irreversible climate change is not to become inevitable. . . . Speaking before Congress again, he will accuse the chief executive officers of companies such as ExxonMobil and Peabody Energy of being fully aware of the disinformation about climate change they are spreading. . . . In an interview with the Guardian he said: ‘When you are in that kind of position, as the CEO of one the primary players who have been putting out misinformation even via organisations that affect what gets into school textbooks, then I think that’s a crime.’ . . . He is also considering personally targeting members of Congress who have a poor track record on climate change in the coming November elections. He will campaign to have several of them unseated. Hansen’s speech to Congress on June 23 1988 is seen as a seminal moment in bringing the threat of global warming to the public’s attention. At a time when most scientists were still hesitant to speak out, he said the evidence of the greenhouse gas effect was 99% certain, adding ‘it is time to stop waffling’. . . . He will tell the House select committee on energy independence and global warming this afternoon that he is now 99% certain that the concentration of CO2 in the atmosphere has already risen beyond the safe level.” To continue click here.

George Carlin, Dead at 71

Written by Robert Justin Lipkin on June 23rd, 2008

eca51.jpgThe NY Times reports today that “George Carlin, the Grammy-Award winning standup comedian and actor who was hailed for his irreverent social commentary, poignant observations of the absurdities of everyday life and language, and groundbreaking routines like ‘Seven Words You Can Never Use on Television,’ died in Santa Monica, Calif., on Sunday, according to his publicist, Jeff Abraham. He was 71.” For the full Times article click here. Mr. Carlin, a great social critic in the tradition of Lenny Bruce and Richard Pryor, once did a bit examining the notion of “pulling the plug” when terminally ill. He would have none of it. Instead, he demanded that, should he fall into those circumstances, he wanted his physican to get an extension chord. George Carlin perseverated about death and now death has finally come to claim him. He was a cultural icon for anyone who takes social commentary and criticism seriously and also likes to laugh about our cultural foibles and vices. Click here for more.

In Defense of “Fast Eddie Obama” and Shame on David Brooks

Written by admin on June 23rd, 2008

David Brooks caused a whirl wind Friday with an op-ed piece condemning Senator Obama for opting out of the public campaign finance system after saying earlier he would campaign within its parameters. Here’s the heart (perhaps another body part is more apt) of Brooks’ complaint:

Dr. Barack could have changed the way presidential campaigning works. John McCain offered to have a series of extended town-hall meetings around the country. But favored candidates don’t go in for unscripted free-range conversations. Fast Eddie Obama threw the new-politics mantra under the truck.

And then on Thursday, Fast Eddie Obama had his finest hour. Barack Obama has worked on political reform more than any other issue. He aspires to be to political reform what Bono is to fighting disease in Africa. He’s spent much of his career talking about how much he believes in public financing. In January 2007, he told Larry King that the public-financing system works. In February 2007, he challenged Republicans to limit their spending and vowed to do so along with them if he were the nominee. In February 2008, he said he would aggressively pursue spending limits. He answered a Midwest Democracy Network questionnaire by reminding everyone that he has been a longtime advocate of the public-financing system.

But Thursday, at the first breath of political inconvenience, Fast Eddie Obama threw public financing under the truck. In so doing, he probably dealt a death-blow to the cause of campaign-finance reform. And the only thing that changed between Thursday and when he lauded the system is that Obama’s got more money now.

And Fast Eddie Obama didn’t just sell out the primary cause of his life. He did it with style. He did it with a video so risibly insincere that somewhere down in the shadow world, Lee Atwater is gaping and applauding. Obama blamed the (so far marginal) Republican 527s. He claimed that private donations are really public financing. He made a cut-throat political calculation seem like Mother Teresa’s final steps to sainthood.

eca21.jpgBreaking a promise? Yes. Unjustified? More complicated. But here I just want to mention a few of the many things wrong with Brook’s piece. First, the term “split-personality” refers to a schizophrenic condition in which there is a split in the patient’s (single personality) between thought and feelings. The term Brooks should have used was “multiple personality,” the condition from which Dr. Jekyll suffered. A totally different personality Mr. Hyde emerged at conspicuous times from Dr. Jekyll and the good doctor was for the most part unaware of this occurrence. Two personalities existed in this case and neither was split. This is not simply a pedantic quarrel. Brooks is a dilettante. He knows a little about a lot of subjects, but he lacks a depth of knowledge about any. He knows, for example, that there’s a psychiatric condition called “split personality, but he doesn’t take the time to explore its relationship to multiple personality disorder which is clearly what he had in mind.

However, my central objection to Brooks’ piece is this: His position calls for campaign perfectionalism. Never break a promise. Never veer from you articulated course. No matter what. Stick to your “principles” no matter what the consequences. Why even if you start a war which was ill-conceived and a “foreign policy blunder” stick it out! Stay the course! Just who is an exemplar of Mr. Brook’s’ conception of competent and morally grounded presidential leadership.

Tactical decisions must be made daily in campaigning for president. Without the ability to make some unappealing, yes, even morally wrong, decisions, a political reformer is simply a Utopian who perhaps has wonderfully idealistic strategic goals, but is too quixotic to ever win an election. It’s convenient–perhaps too convenient–for a self-avowed conservative, like Mr. Brooks, to urge Obama to retain his ethical perfectionist virtues and lose the election as a result. Moreover, no one is qualified to be president without being ready to make some morally ugly choices. Such an individual would be unable to run the nation’s domestic affairs or defend the nation from foreign predators. This doesn’t mean that such an individual simply sells out. There is a quantitative dimension here. How often is the imperfect reformer inclined to break his word. Most of the examples Brooks uses can be interpreted in a plausible non-hypocritical fashion. Regarding Rev. Wright, Obama simply had too much. Who knows Obama–or any reasonable person, for that matter–might have denounced his grandmother if she acted in a similar manner.

And consider that Obama’s choice to opt out of public funding for his campaign may have just won him the election. Is that the reason Republicans like Lindsay Graham and Brooks are so offended? Does Brooks prefer a reformer who stays completely true to his principles and loses or one who sometimes retreats and wins? What if the individual were a Republican candidate? The more one thinks about Brooks’ piece the more won wonders about ulterior motives.

eca41.jpgAnyone who believes that a self-avowed reformer will never act contrary to reform principles is living in a hermitage. Moreover, there are times when even reformers should make such choices. The question for American citizens is not whether Obama betrayed one of his “core principles,” but rather whether he is inclined to make a habit of it as do other politicians. If the reformer’s principles generally are attractive and if he or she generally stands by those principles, the reformer is still better than an ordinary politician with non-reformer goals. Let’s be grateful for Fast Eddie Obama unless he emerges too often. Wait! Perhaps that’s Brooks’ point. Let’s stop Obama from betraying his principles because then the next Democratic reformer might act with superogatory dedication to his reform principles and reform is not what Republicans want. Who is the greater hypocrite here? Obama or Brooks?

John Nichols on Democratic Blank Checks for Bush’s War

Written by Robert Justin Lipkin on June 23rd, 2008

John Nichols’ “Democrats Write a Blank Check for Bush’s War” is a
must-read. Check it out here. The Democrats complicity in this war is
unconscionable.

Judicial Supremacy or Executive Supremacy: Which Should Prevail in the

Written by Robert Justin Lipkin on June 20th, 2008

eca7.jpgCheck out the following op-ed piece in the Wall Street Journal: “Last week’s Supreme Court decision in Boumediene v. Bush has been painted as a stinging rebuke of the administration’s antiterrorism policies. From the celebrations on most U.S. editorial pages, one might think that the court had stopped a dictator from trampling civil liberties. Boumediene did anything but. The 5-4 ruling is judicial imperialism of the highest order. . . . Boumediene should finally put to rest the popular myth that right-wing conservatives dominate the Supreme Court. Academics used to complain about the Rehnquist Court’s ‘activism’ for striking down minor federal laws on issues such as whether states are immune from damage lawsuits, or if Congress could ban handguns in school. Justice Anthony Kennedy — joined by the liberal bloc of Justices John Paul Stevens, David Souter, Ruth Ginsburg and Stephen Breyer — saves his claims of judicial supremacy for the truly momentous: striking down a wartime statute, agreed upon by the president and large majorities of Congress, while hostilities are ongoing, no less. . . . First out the window went precedent. Under the writ of habeas corpus, Americans (and aliens on our territory) can challenge the legality of their detentions before a federal judge. Until Boumediene, the Supreme Court had never allowed an alien who was captured fighting against the U.S. to use our courts to challenge his detention.” For more click here.

If there ever is a justification for judicial supremacy, this seems to be it. The Constitution is designed to protect minorities from the tyranny of the majority, and there can be no more loathsome minority than the detainees at Gitmo. What kind of republican democracy would permit anyone from having no recourse when caught within the clutches of the state? The writ of habeas corpus is a fundamental right of any civilized society. When the state incarcerates anyone, no one has any civil rights or liberties, if disallowed the capacity to have the state formally explain why that individual is incarcerated. This doesn’t mean that the incarcerated individuals will be freed just heard. Oh yes, the innocent incarcerees ultimately will be (should be) freed. Fear-mongering about the loss of a city by a freed detainee is antithetical to the very idea of a free society.

Here’s the case in a nutshell, a humorous nutshell to boot.

To ignore the Constitution when times get tough shows little fidelity to the document that first established republican democracy as a beacon for those under the heel of the world’s brutal tyrannies. Ultimately, this issue has little to do with the humanity of the detainees (although no humanist can reject this reason for protecting habeas corpus); rather it has everything to do with what we stand for. Does this put us at risk? You bet it does, and it always will. Is the risk worth it? You decide!

The Idealist Trap: “Dr. Barack & Fast Eddie Obama”

Written by Robert Justin Lipkin on June 20th, 2008

eca6.jpgIf you’re an idealistic. don’t run for political office. Why? Because you will inevitably be required to engage in smarmy, non-idealist behavior. Just listen to His Holiness, Lubavitcher Rebbe, David Brooks: “God, Republicans are saps. They think that they’re running against some academic liberal who wouldn’t wear flag pins on his lapel, whose wife isn’t proud of America and who went to some liberationist church where the pastor damned his own country. They think they’re running against some naive university-town dreamer, the second coming of Adlai Stevenson. . . . But as recent weeks have made clear, Barack Obama is the most split-personality politician in the country today. On the one hand, there is Dr. Barack, the high-minded, Niebuhr-quoting speechifier who spent this past winter thrilling the Scarlett Johansson set and feeling the fierce urgency of now. But then on the other side, there’s Fast Eddie Obama, the promise-breaking, tough-minded Chicago pol who’d throw you under the truck for votes. . . . This guy is the whole Chicago package: an idealistic, lakefront liberal fronting a sharp-elbowed machine operator. He’s the only politician of our lifetime who is underestimated because he’s too intelligent. He speaks so calmly and polysyllabically that people fail to appreciate the Machiavellian ambition inside.” Click here for the entire piece.

eca7.gifThe problem is that if we take the idealist trap seriously, only sleaze will run for office. (Well, that’s pretty much the way it is.) But when an idealist comes along he or she will need to get down dirty in the mud, or loose. So what’s an idealist public to do? Here’s the answer: When an idealist has the courage to come forth, urge him or her not to capitulate, while at the same time understand that capitulation is the name of the political game and accept it. Don’t make the idealist choose between idealism and winning the election. That’s a fool’s game that guarantees failure. Barack Obama is an idealist, but he is no fool. Moreover, he exhibits a healthy pragmatist streak that gives him a chance of actually winning. Of course, his idealist supporters need to keep him focused. Say a ([n] idealist) prayer for him. “God, grant Barack the serenity to accept the sleeze he cannot change, courage to idealistically change the sleaze he can, and wisdom to know the difference.” Judging from his entire piece even Lubavitcher Rebbe, David Brooks might agree with this sentiment. But if so, he needs to reconceive the predominantly negative tone, and praise Obama, not bury him.

Update 6:45 PM: On the NewsHour tonight, David Brooks condemned Obama for capitulating on a core principle in his campaign for the presidency, to wit: reform. Here’s another example of the “idealist trap.” If a political system needs reform, that is, if the most realistic ways of winning involve capitulation, then no reform candidate can ever hope to win because winning requires jettisoning an absolute commitment to the principle of reform. So if you live up to your reform principles, you will be a perennial loser. Some system of politics that is, one that condemns the reform candidate from doing what is necessary to win. There needs to be a middle-way steering between the Scylla of certain defeat and the Charybdis of complete corruption. Perhaps, the idealist prayer above should be taken seriously.