Justia columnist and Cardozo law professor Marci Hamilton continues her two-part series on the Republican and Democratic Party Platforms. In this column, she comments on the Democratic Party Platform, focusing—as she did with the Republican Party Platform—upon issues relating to religion, women, and children. More specifically, Hamilton discusses issues such as the government's relationship with faith-based organizations; same-sex marriage; contraception and abortion rights; foreign family-planning aid; and human trafficking. Hamilton also decries a key omission from the Democratic Party Platform: It fails to address the important issue of child sex abuse, except insofar as it mentions trafficking.
Justia columnist and Cardozo law professor Marci Hamilton begins her two-part series on the two major-party platforms by focusing, first, on the Republican Party Platform. (Her follow-up column on the Democratic Party Platform will appear here on Justia’s Verdict shortly.) Hamilton focuses especially on the following aspects of the Republican Party Platform: the Party’s attempt to paint gay activists—and not their foes—as the real haters; the Party’s extreme views on religion, including areas where the Party would allow one person to impose his or her religious views on another, when it comes to medical care; its embrace of having federal money go to religious organizations, but without their having to follow federal rules; its narrow view of women’s and children’s rights; and finally, its seeking rights for the unborn. Hamilton argues that, overall, women should not only oppose, but actually fear, this Platform.
Justia columnist, George Washington law professor, and economist Neil Buchanan takes strong issue with Republican Vice-Presidential candidate Paul Ryan’s reputation for being a “serious thinker.” Like Newt Gingrich before him, Buchanan contends, Ryan is being falsely sold to the public as an “idea guy,” when, in truth, he says, Ryan is simply repeating conservative cant. Ryan’s undeserved reputation, Buchanan argues, derives in part from moderates and liberals in the D.C. commentariat who are playing along with the Ryan myth, and in part from the reality that only conservatives play what Buchanan calls “the ideology game.” Buchanan predicts, accordingly, that Ryan—like Gingrich before him—will eventually prove to disappoint even those who once showered him with praise.
Justia columnist and Cardozo law professor Marci Hamilton comments on Romney running mate Paul Ryan—focusing on Ryan’s influences, such as Ayn Rand and the Catholic Church, and on his views, some of which, she suggests, parallel those of Ronald Reagan. She notes, though, that despite these influences, Ryan is also more than capable of thinking for himself—as he’s been involved in disagreements with the Church, as well. Hamilton praises Ryan’s small-government, balanced-budget views, and compliments him for being smart and well-read, but she also suggests that he is foolish to make his own religious beliefs part of the Romney/Ryan campaign, in light of America’s striking religious diversity.
Justia columnist, George Washington law professor, and economist Neil Buchanan comments on VP candidate Paul Ryan’s record. Buchanan argues that, while Ryan is being presented as a numbers maven, in fact Ryan is merely an ideologue with no experience in economics or in budgeting. Buchanan also argues that Romney would have been far wiser to opt for a running mate without so many positions that Romney now must repudiate. Buchanan charges that Ryan, rather than “running the numbers” simply makes them up—as, for example, Ezra Klein’s recent analysis, regarding Ryan’s long-term budget projections, shows. Buchanan also charges that Ryan uses mere assumptions—and unrealistic ones—when facts are needed, as with Ryan’s tax plan. Disagreeing even with Romney’s own economic advisers, Ryan, Buchanan notes, offers ideas and plans that any competent economist would reject. Although the media loves a debate, Buchanan urges them to admit that in this instance, only one side is on track, whereas Ryan is grievously off-base.
Justia columnist and Hunter College Human Rights Program Director Joanne Mariner comments on presumed Republican vice-presidential candidate Paul Ryan’s positions on human rights issues. Reminding readers that even a VP may have great influence on human rights issue, as Dick Cheney certainly did with regard to issues relating to torture, Mariner notes that if Mitt Romney is elected president, Ryan, too, may have considerable sway in this area. Mariner notes first that Ryan sees rights as natural and God-given, and then goes on to note that Ryan is extremely pro-life, even if the pregnant woman’s life is in danger, and extremely anti-gay-rights. Mariner notes that when it comes to foreign policy, Ryan seems more open to certain compromises, and she is troubled, especially, by Ryan’s reportedly enlisting the advice of Elliot Abrams, whose views on human rights issues are, Mariner notes, very disturbing.
Justia columnist and former counsel to the president John Dean comments on the baleful influence of the Supreme Court’s decision in Citizens United, which permitted corporations to exert power over elections through corporate campaign contributions. Dean describes the profound differences that Citizens United has already made in our political system, and suggests ways in which covert corporate spending can be policed, even despite Citizens United. His suggestions include aggressive state-level prosecutions, including under bribery statutes.
Justia columnist and Cornell law professor Sherry Colb raises an intriguing question regarding the Supreme Court’s recent decision upholding the Affordable Care Act, also known as the ACA or, more colloquially, as Obamacare. Colb notes that leaks from the Court have suggested that Chief Justice Roberts initially was inclined to vote with his four conservative colleagues to strike down the ACA, but later changed his mind to side with the Court’s liberals and uphold the legislation. Assuming for purposes of argument that (1) the leaked information is accurate, and (2) Chief Justice Roberts’s claimed flip-flop was based in part on public sentiment, did Roberts do anything wrong? Colb suggests, interestingly, that the correct answer to that question may be “No.” Using two hypothetical court scenarios, as well as the ACA case itself, Colb isolates the kinds of cases and issues in which a judge would be wrong—or right—to take public sentiment into account.
Justia columnist and former counsel to the president John Dean comments on the “Watergate at 40” event, hosted by The Washington Post, that he attended this past Monday, June 11. The event was held in the Watergate Office Complex, where the infamous break-in at the Democratic National Committee (DNC) occurred. Dean describes the three panels at the event, which focused on (1) the investigation and cover-up; (2) Watergate’s legacy; and (3) Woodward and Bernstein’s role. In addition, the panel offered a tribute to Ben Bradlee, The Washington Post Executive Editor who played an instrumental role, along with Woodward and Bernstein, in breaking the story and placing a continuing spotlight on it, after government investigators had initially made some headway. Dean also relates an interesting anecdote regarding how the Watergate burglars turned off their Walkie-Talkies in the Complex to ensure silence, but as a result, were not alerted to the police's presence in the Complex.
Justia columnist, George Washington law professor, and economist Neil Buchanan takes on the arguments of those who have advocated for austerity as a solution for America’s and other countries’ still-struggling economies. First, Buchanan rebuts, in detail, the claim that government spending cuts will revitalize the economy by getting the government out of the way of the private sector. Then, he counters the argument that the reason austerity did not work was that it was never truly adopted in Ireland, the U.K., the U.S. or elsewhere. The only good news relating to austerity measures, Buchanan says, is that we have not yet seen governments “doubling down” on austerity by advocating even greater degrees of austerity, after the first austerity programs have failed to improve their economic situation—which would, he notes, be truly disastrous as well as inhumane.
Justia columnist, George Washington law professor, and economist Neil Buchanan continues his series of columns commenting on what a Mitt Romney presidency would look like from an economic point of view. In this column, the second in the series, Buchanan considers what the roles of the House and Senate would be in setting economic policy in a possible Romney presidency; describes the role that House Budget Committee Chair Paul Ryan, of Wisconsin, would be likely to play; and postulates that, in a Romney presidency, America would see the imposition of austerity measures similar to those that we are now seeing in Europe, as well as the diminution of much of the federal government, with potentially disastrous consequences. Overall, Buchanan argues that a Romney presidency would only make America's current economic predicament much, much worse.
Justia columnist and Cornell law professor Michael Dorf comments on the controversy that is brewing regarding Elizabeth Warren, the likely nominee for the Massachusetts Senate seat most recently held by Ted Kennedy. The controversy stems from Warren’s mentions of her Native American roots, and it turns out that Warren is, in fact, 1/32d Native American (specifically, Cherokee), so that her claim of having Native American roots is technically true, even if those roots are minimal. So why is the controversy continuing? Dorf suggests that it is because Republicans are trying to somehow connect Warren’s roots to affirmative action issues, even though there seems to be no evidence that Warren was ever herself a beneficiary of affirmative action. The Republicans’ goal, Dorf suggests, is to use affirmative action as a wedge between minority voters and working-class white voters.
Justia columnist and former counsel to the president John Dean comments on a fascinating new twist in the Watergate story—evidence that Woodward and Bernstein spoke to Watergate grand jurors. The evidence was unearthed by Jeff Himmelman, who has written a biography of former Washington Post executive editor Ben Bradlee, who served during the Watergate years. It consists of a seven-page memorandum, dated 1972, that summarizes a conversation between Bernstein and a Watergate grand juror. The find prompted Bernstein recently to comment wryly, “Maybe they’ll send us to jail after all.” The memorandum is all the more notable because it is clear that Judge Sirica, who presided over the Watergate grand jury proceedings, did not believe that Woodward and Bernstein had obtained any information from any grand juror. Dean tells the story of how Woodward and Bernstein managed to avoid suffering consequences, despite their having intentionally had contact with at least one grand juror. He also provides a sampling of attorneys’ opinions as to whether the law was, or was not, broken, assuming that contact between Woodward and Bernstein and one or more grand jurors did indeed occur.
Justia columnist, George Washington law professor, and economist Neil Buchanan looks at past and current evidence to predict what might happen during a possible Romney presidency. First, Buchanan covers Romney’s botched attempt to court female voters by claiming erroneously that President Obama was to blame for layoffs affecting women, and traces the real responsibility for women’s layoffs to schoolteacher firings, which Romney has supported. Buchanan also argues that it will be difficult for voters to isolate a clear set of beliefs that Romney has consistently held dear, which is troubling. Buchanan asks who the “True Romney” really is, and warns that it may not be the moderate Romney who governed Massachusetts. Instead, he contends, today’s Romney will stay conservative in order to gain a second term as president. Finally, Buchanan contends that, even if Romney did remain moderate while in the White House, Republican extremists at every level of government would still push him toward extremism at every juncture.
Justia columnist and Cardozo law professor Marci Hamilton takes very strong issue with Republicans’ current stances on issues that are of importance to women, such as contraception access, equal pay for equal work, violence against women, and child sex abuse. As a politically moderate woman herself, Hamilton notes that she would find it very difficult to support the package of views and proposals that the Party is offering voters this year. Interestingly, Hamilton observes that, had Rick Santorum never run for president, the other candidates and the voters might never have focused on these issues, and the issue of the economy might, instead, have dominated Republican speeches and stances in the run-up to the election. But because Santorum did run, Hamilton predicts that Mitt Romney, too, will face a very significant gender gap at the polls this year as he, too, is forced to address these issues—for female voters will likely be uncomfortable with some of his answers.
In the second in this two-part series of columns, Justia columnist and former counsel to the president John Dean puts together substantial evidence suggesting that controversial Wisconsin governor Scott Walker possesses disturbingly authoritarian personality traits. Dean’s analysis draws from both his own 2006 book, Conservatives Without Conscience, and the work of Professor Robert Altemeyer. Here, in Part Two, Dean explains in greater detail, based on evidence from Walker’s life, why he believes that Walker is a “double high authoritarian”—a suggestion which, if true, would be very troubling, Dean explains, as those with such personalities tend to find it difficult to govern in a democratic fashion. With Walker facing a recall vote on June 5, voters will have another chance to assess their governor and consider whether they believe Dean is correct.
Justia columnist, George Washington law professor, and economist Neil Buchanan takes strong issue with several arguments that have often been made by Republicans in the run-up to this year’s presidential election. Specifically, Buchanan counters arguments that taxpayers should not help pay for others’ college educations—and perhaps not their K-12 educations, either. He also takes on the two mutually contradictory arguments that (1) college is a waste of time and money, and (2) college education is the only force driving economic inequality. As to the first argument, Buchanan points out that education is a key indicator of economic progress, and that as we stagnate in our population’s educational achievement, other countries eagerly seek out more college education for their own people. As to the second argument, Buchanan argues that it can be rebutted by basic statistics, and that, even if it were true, the logical response would be to broaden American educational attainment.
Justia columnist, George Washington law professor, and economist Neil Buchanan comments on the recent Republican attack on American education. Buchanan begins by emphasizing the copious evidence showing that education leads to national prosperity. In addition, he contends that it only makes sense for everyone who benefits from our educational system—meaning all Americans—to together pay for that system, including via student loans. Citing recent comments by candidates Mitt Romney and Rick Santorum, Buchanan critiques and opposes their, and other Republicans’, seeming disdain for education. Buchanan argues that if you focus on the facts, education has been proven, over and over, to be well worth its cost. Other countries clearly know this, Buchanan points out, citing notable examples, and if we forget this truth, he says, we will surely fall behind as a nation.
In this two-part series of columns, Justia columnist and former counsel to the president John Dean comments on authoritarian personality traits, drawing from his own 2006 book, Conservatives Without Conscience, and from the work of Professor Robert Altemeyer on this subject. In particular, Dean raises the question of whether controversial Wisconsin Governor Scott Walker might be categorized as having an authoritarian personality. In this column, Part One in the series, Dean explains the personalities of authoritarian dominators and followers, and unravels the conundrum of how some people (called “Double High Authoritarians”) may test as both dominators and followers at the same time. Dean notes that such people are especially frightening, and explains why that is the case. In addition, Dean ascribes some part of the Nixon White House’s dysfunction to the large contingent of “Double Highs” in the Administration, including Nixon himself. Finally, Dean begins his analysis of Governor Walker, which he will complete in Part Two of this series of columns.
Justia columnist and Cardozo law professor Marci Hamilton comments on the recent attack on reproductive and privacy rights by GOP presidential candidates Rick Santorum and Mitt Romney. Hamilton notes that some state legislatures, such as those of Ohio and Utah, have also taken similar stances—with Arizona and Kansas very possibly following the trend. Hamilton questions the wisdom of these stances, in light of the fact that a sizable majority of the country is not opposed to contraception, and the fact that only with the support of independent and moderate voters could the GOP candidate possibly beat President Obama’s re-election bid. Hamilton also notes that there has been a substantial backlash against such measures, by female legislators who are registering their protest by introducing laws that would, for instance, make it harder for men to obtain Viagra, and regulate ejaculation except when it occurs in the context of conception. Vasectomies, too, have been the target of the female legislators’ efforts—which, of course, are not serious attempts at getting laws passed, but are very serious attempts to draw attention to what the legislators believe is a dangerous attack on women’s rights. Hamilton adds her own “modest proposals” to those of the female legislators, and warns that moving into this delicate and personal area may cost the GOP the presidential election and/or congressional seats.