OBAMA: 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 peoples so that I would now have the right to vote, I would now be able to sit at the lunch counter and -- and order and, as long as I could pay for it, I'd be okay, but the Supreme Court never ventured into the issues of redistribution of wealth and sort of more basic issues of political and economic justice in the society.If this doesn't bother you, it should. If it doesn't bother you, then that may even be more scary than Obama's viewpoint.
OBAMA: As radical as I think people tried 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 it's been interpreted, and Warren Court interpreted it 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 it doesn't say what the federal government or the state government must do on your behalf, and that hasn't shifted, and one of the tragedies of the civil rights movement was because the civil rights movement became so court focused, I think that 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 coalitions of power through which you bring about redistributive change. And in some ways we still suffer from that.
To admit that the Court wasn't radical enough is to admit that the Constitution needs to be thrown away. It is too "negative". It restricts his right as President to destroy your liberty. Solution? Just ignore it.
The Kansas City Star reported today:
I know the article has Obama saying he taught Constitutional Law, but I can only conclude...Constitution! We don't need no stinking Constitution!On the confirmation of Chief Justice John Roberts, Sept. 22, 2005. Obama voted against Roberts' confirmation:
-"What matters on the Supreme Court is those 5 percent of cases that are truly difficult. In those cases, adherence to precedent and rules of construction and interpretation will only get you through the 25th mile of the marathon. That last mile can only be determined on the basis of one's deepest values, one's core concerns, one's broader perspectives on how the world works, and the depth and breadth of one's empathy.
"In those 5 percent of hard cases, the constitutional text will not be directly on point. The language of the statute will not be perfectly clear. Legal process alone will not lead you to a rule of decision. In those circumstances, your decisions about whether affirmative action is an appropriate response to the history of discrimination in this country or whether a general right of privacy encompasses a more specific right of women to control their reproductive decisions or whether the commerce clause empowers Congress to speak on those issues of broad national concern that may be only tangentially related to what is easily defined as interstate commerce, whether a person who is disabled has the right to be accommodated so they can work alongside those who are nondisabled - in those difficult cases, the critical ingredient is supplied by what is in the judge's heart."
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