Thursday, April 03, 2014

You Can't Have It Both Ways (to Liberals this time)

So the Roberts Supreme Court struck down pretty much any limits to political donations this last week (there is a $5300 per candidate limit - but candidates can swap donations and now there are unlimited donations to Parties and you know they have earmarked the funds to people - so it is pretty much wide open).
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I think this is a terrible decision.  I think it openly broadcasts that Congress is for sale to an unlimited bidder.  However, liberals can't with a straight face, claim this as some sort of Judicial Activism or arrogance.
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Don't get me wrong,  - I think this is a horrible decision ; but it isn't rampant Judicial Activism.  I mean, pretty much all Judicial decisions are Judicial Activism - and it is bad when it goes against you.
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This is the same type of headline, only then from the Right, when Justice Roberts upheld ObamaCare or when Justice Kennedy sided with Windsor on gay marriage.
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Justice Roberts' decision wasn't arrogant nor did it display a contempt for democracy.  He weighed 2 competing "goods" -  Constitutional Right of Free Speech (as the court has been defining it) vs. Legislature's ability to pass laws.  In this case, 5 of the Justices found for Free Speech - defining "Speech" as a vector of political donations.
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Again, I think the consequences are horrible.  And I don't agree with unlimited campaign donations as Free Speech.  We have limits to Free Speech all the time - so I think we can have reasonable limits to political donations.  I think the actual threat to public welfare is inherent in unlimited political donations  (and provable by legal precedent in Montana and California)- but I didn't go to Law School.
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Just because someone reasons differently than you, doesn't mean they hold contempt for what you both might hold dear.
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I actually worry a little less about the "actual" consequences than I do the "perceived" consequences.  For a perception point of view, it removes our government from the common man.  I think it will effect our belief in a fair system of laws and justice - which I think is much more insidious than any donationas can be.

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