Posted by
Toddy Littman on Friday, October 31, 2008 4:00:00 PM
The following was taken by compiling
http://www.youtube.com/watch?v=iivL4c_3pck and
http://www.youtube.com/watch?v=v34yRmKPnDQ&feature=related, each of which edited what was subject to consideration, yet together I found them to reasonably complete Obama's statements for the area of the conversation, around 40 minutes into the interview. There were 3 guests and a moderator, Illinois Senator Barack Obama was one on of them. I almost entire solely quote Obama here:
"The court never ventured into the issues of redistribution of wealth, and sort of basic issues of political and economic justice in this society. And to that extent, as radical I think that people try to characterize the Warren Court...uh, 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 has been interpreted. And the 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 state or federal government must do on your behalf, and that hasn't shifted.
"And one of the, I think tragedies of the civil rights movement was because the civil rights movement became so court focused. I think 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."
Now a caller asks if it's too late to use the court for "reparative economic work to take place...or would it be legislation at this point?"
"You know, maybe I'm showing my bias here as a legislator as well as a law professor, but you know I'm not optimistic about bringing about...uh, major...uh, redistributive uh...uh..chang...uh through the courts...um...Yea the institution just isn't structured that way...um, you just look at very rare examples where in, during desegregation era the court was willing to, for example, order...uh...uh...you know changes that cost money to a local school district, and the court was very uncomfortable with it, it was hard to manage, it was hard to figure out. You start getting into all sorts of separations of powers issues, you know, in terms of the court monitoring or engaging in a process that essentially is administrative and takes a lot of time, um, the courts just not very good at it, and politically it's just, it's very hard to legitimize opinions from the court in that regard. So I mean, I think that, although you can craft theoretical justifications for it legally, I think you can...Any three of us sitting here could come up with a rationale for bringing about economic change through the courts. I think just as a practical matter our institutions just are poorly equipped to do it."
The commentator at the radio station found that many times the court is "ratifying the status quo," and in effect, she explains "....the court makes redistributive decisions, or distributive decisions all the time," to which Obama replies with an affirmative "right." She continues with an example, "The court considers whether it's okay to take the program, um, the federal medicare program that provides compen...you know that recompenses people by insurance for every medical procedure they can have except abortion, and it [the Supreme Court] upholds that and say 'we can except abortion from that.' Well that's a decision about what kinds of subsidies we are willing to uphold and what we're not."
Obama replies:
"Although typically, I mean the court can certainly be more or less generous in terms of interpreting actions and initiative that are taken by the legislature, but in the example, for example funding of abortions or medicare medicaid the court is not initiating those funding strings. Essentially the court is saying is at some point okay this is a legitimate prohibition ,or this is not. And I think those are very important battles that have to be fought, and they do have a distributive aspect to them."
In my view Obama completely reversed himself from his previous statements about the court venturing into redistribution of wealth, yet, that was a rebuttal in reply to an argument that the court had done so as posed by another guest.
Further, in light of Article I, Section 9, Clause 4, the 10th Amendment, and the 13th Amendment it seems to me that Obama had hoped the court or some redistribution plan would reinstate slavery but against the slave masters, as though that would be the only way to make the slaves whole. Essentially he'd hoped the court would violate Article I, Section 9, Clause 4 by imposing a direct tax, by using powers not granted to the United States Government and reserved to the States or the People under the 10th Amendment, and by doing both of these things, have committed the most radical of moves in reinstating slavery but with the Government as the master, this of course would overturn the 13th Amendment.
Obama doesn't seem to understand that this would not help anyone to maintain a system that has proven morally wrong on all levels, even as revenge. The only way to get rid of this mentality and the racism from it is for no one to perpetrate it and eventually it's not even a consideration of how we'd treat another human being. But this approach seems lost on Senator Obama.
However, please understand that the 2001 radio interview segment here shows more than anything else the contradictory ability of Barrack Obama, for he contradicts his earlier statement about the courts, while, at the same time, he reaffirms what he said before but on a different scale, using an altered context. I've found this the great frustration with Senator Obama because it's similar to discussing with a conman when you will get your money back. No straight answers, and often they ask you to send them more, hoping that after they do this to you multiple times you'll figure out you're being had and there is no way you are getting a penny back.
Hope this helped out anyone that could use it.
Thanks for reading.