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Friday, October 26, 2007
Jonah Goldberg :: Townhall.com Columnist
The Borking of American Politics
by Jonah Goldberg
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But Republicans believed that they had to match the Democrats “tone for tone, blow for blow.”

In 1991, Bush nominated Clarence Thomas for the high court, and Democrats attempted to replay their Bork triumph and likewise destroy Thomas. But Thomas would not be goaded into the meat grinder. This remains the outrage according to liberals today: He refused to go quietly into the night.

In 1992, Bill Clinton introduced the phrase “the politics of personal destruction” to the lexicon. Clinton used it preemptively to delegitimize scrutiny of his private life. After all, the accusations against Thomas — he allegedly asked a subordinate out on a date; he joked about a pubic hair — were of Disneyesque innocence compared with almost every Saturday night in Little Rock for Clinton. In a world where the Clarence Thomas-Anita Hill standard was held consistently, Clinton would not have been qualified to be a tollbooth attendant on the New Jersey Turnpike. Hence, he called for an end to the ratcheting up of the gotcha game before he himself got got.

But it didn’t work. His private life spilled out for public viewing, steaming in the cold air.

Liberals were outraged, sometimes fairly, often not. But they felt they needed to respond tone for tone, blow for blow. They scoured the private lives of Clinton’s “tormentors” for dirt, and they often found it.

There’s more, of course. The Florida recount saw Republicans feeling justified to do whatever it took — even fight like Democrats — to win. The recount, in turn, laid the foundation of bitterness and bile that fuels the omnivorous banshees of the “netroots,” who proudly proclaim they care only about winning and being as ruthless as they imagine the Republicans are.

But at this point you know the story. In Ted Kennedy’s America, it’s blow for blow and eye for eye now, and everyone is blind to how we got here.

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About The Author
Jonah Goldberg is editor-at-large of National Review Online.
 
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reply to WRH Bill

If the Justices followed your logic, they would be unable to interpret the Constitution at all. Here's what you write:

"As I see it, when judges look at the First Amendment and decide that "freedom of speech and press" doesn't
include "pornography," "blasphemy", flag-burning as a political statement, or other things that the judges don't like, because they figure the Founders couldn't have possibly meant to protect such nasty stuff, that also is "activist judging" that goes beyond the words of the Constitution. "

It's precisely the fact that the Justices do need to figure out whether the things you mention are, or are not, protected by the Constitution, and on what grounds, that makes your position impossible. Conservatives sometimes fail to realize a crucial fact: There is NO part of the Constitution that establishes principles for the interpretation of the Constitution. Absolutely none. The Justices simply have to try to figure out what the language of the Constitution means, that is, the words don't speak for themselves.

On "freedom of speech:" What DID the Founders mean by this? Liberals and conservatives will disagree, but somebody has to say something in order to deal with actual court cases.

Response to BrianR
You really didn't read my original post very carefully, did you? You accuse me of being in favor of "Justices dreaming up new rights" when I quite explicitly said I did *not* favor that. I also said that I did not favor conservative activist judges ignoring the rights that *are* founding in the Constitution, any more than I favor liberal activist judges making up new rights that are not there.

As I see it, when judges look at the First Amendment and decide that "freedom of speech and press" doesn't include "pornography," "blasphemy", flag-burning as a political statement, or other things that the judges don't like, because they figure the Founders couldn't have possibly meant to protect such nasty stuff, that also is "activist judging" that goes beyond the words of the Constitution. Same when judges decide that Fourth, Fifth and Sixth Amendment rights can be ignored, or watered down, because there's a "war on terror"-- or a "war on drugs"-- going on. And when judges allow the President currently in office to take over powers that belong to other btranches of government-- for example, the power to declare war-- because they agree with the president's goals.
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