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The news leaked recently that President Obama will be nominating Solicitor General Elena Kagan to be his next appointment to the Supreme Court. Kagan is most famous for trying to bar military recruiters from discussing judge-advocate positions with Harvard Law Students or participating in anyway in the Harvard Law School in the school’s campus interview program.

She’s served in political appointment positions in the Clinton White House, but the Senate pocket-vetoed her nomination to the court of appeals and she really has no record to draw an inferences from in regards to her positions on policy, her views on jurisprudence, or her skills in influencing other judges on a panel.

One wildcard: There have been constant unconfirmed rumors that Kagan is gay. Is it possible that placing a likable and competent homosexual on the Court might make voting against gay marriage on the equal protection theory more difficult for one of the Catholic or conservative justices who would otherwise be very likely to vote against the theory when Olsen and Boise come looking for relief from the Supremes? I’m not sure, but regardless of her sexuality, her ability to influence other justices through the power of her personality is probably the biggest reason why conservatives should be queasy about her.

Any thoughts? The media will try to paint her as a moderate because she really doesn’t have a record on the court to demonstrate her activism. Will the media succeed? Will Republicans even try to organize a filibuster? Does anyone from Maine have a read on whether Snowe or Collins would object to a female appointment? Would they object to Kagan if they were convinced that she’s the next step in a progressive movement to capture the court and drastically rewrite the Constitution?

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ObamaCare is no doubt a step in the wrong direction, but there is an even greater threat on the horizon: The Left’s capture of the Supreme Court. A recent Los Angeles times article calls it “generational change.”

We may be a little premature on this, but rumors continue to persist that Justice Kennedy a moderate who sometimes votes with conservatives and Justice Stephens, a moderate who mostly votes with liberals, but sometimes votes with conservatives will be resigning from the Supreme Court. Likewise, conservatives Rehnquist and Scalia are no longer spring chickens and it is not inconceivable that age-related problems could force them from the court while Obama is still President.

The result would be the end of the United States as we know it. The press is stressing that 88 year-old Stephens is a liberal who will no doubt be replaced by another liberal and that the change does not mean much for “ideological balance of the court.” We dissent. That is an unhelpful surface generalization. Stephens may be a liberal, but the activist judges Obama could appoint take constitution-shredding liberalism to an entirely new level.

Let’s face it the Supremes have not always been the protectors of the Constitution that the Constitution deserves, but they may be all the protection that is left. Stephens and Kennedy were not strict constructionists, but they were still judges in the traditional sense. Institutionally, our Congress and Executive Branch don’t even think twice before trampling the Constitution — in fact, it’s not uncommon for legislators or bureaucrats to remark that they’ll have to let the Supreme Court decide whether their more contentious actions are constitutional or not. (Remember the Republicans who criticized McCain-Feingold for being unconstitutional and then voted for it anyway on the grounds that the Court would address their concerns?) The activists that Obama has signaled he is willing to appoint will act no differently towards interpretation of the Constitution than Nancy Pelosi or Barney Frank. They believe in policy first and they don’t hide that preference.

Note: The Featured Article on NetRightNation today explores one of Obama’s potential appointments in depth. Feel free to click on the thumbnail link below if you want to see why we’re concerned:

Update: Here’s a video that should be going viral featuring Obama’s prospective Goodwin Liu explaining why you and I need to give something up because of our responsibility to make things better after slavery during a panel discussion of reparations. His comments get two thumbs up for the role of Lefty professor, but two thumbs down for the role of judicial nominee.

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Feb
23

Scott Brown Fail!

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In the wake of Scott Brown’s decision to cast a preliminary vote in support of Obama’s second stimulus bill, I’d like to point out that, although I did run a television commercial from the Tea Party Express PAC, which supported Scott Brown, I never really pushed for Scott Brown at Daily Uprising. I just couldn’t get excited about him. Why not? Here are my reasons:

In my experience, those who call themselves “fiscally conservative and socially liberal” are often looking to create a political identity that is least offensive to the largest number of people. It’s the type of thing young lawyers might say at the firm cocktail party when politics comes up and partners might be listening. Certainly, it is possible and even logically consistent to be both of those things, but those who identify themselves that way are too often seeking broad based popularity that is inconsistent with actually being a principled fiscal conservative. My libertarian friends and fellow bloggers who actually best personify what it means to be “fiscally conservative and socially liberal” don’t typically have a need to pause to distinguish themselves as socially liberal when arguing for free markets. To be a real fiscal conservative in today’s world you have to be ready to make some unpleasant decisions, bruise some egos, and end up making enemies who will put your political career in jeopardy.

Other socially liberal politicians who’ve defined themselves as fiscally conservative are Arlen Specter, Olympia Snowe, and California Governor Arnold Schwarzenegger. Arnie is in the papers today bashing the tea party movement and praising Obama’s first stimulus plan.

Some probably think I’m being harsh on Brown for his initial vote… because a tax cut was involved. Payroll tax relief for businesses who hire new employees is a form of tax cut, but it isn’t one that would please Hayek or Von Mises. When government tries to direct decision-making in any markets including the labor market, we get unintended consequences and end up with less efficient means of production. Just as social services welfare has a potentially negative effect on personal decision-making, this kind of corporate welfare has a potentially negative effect on business decision-making. Don’t get me wrong, I love the idea of cutting taxes, but not as an incentive package coupled with more “stimulus spending” for Democratic interests. Scott Brown was riding a title wave of good will — if he couldn’t oppose the Jobs Second Stimulus Bill on principle at this point in his career, it’s hard to imagine we’ll be able to count on him in the future.

Populist candidates almost always turn out to be lousy leaders. From Hitler to Obama, I’m weary of the results when leaders get elected based on quips like “the People’s seat” and or their fondness for everyday people stuff like pickup trucks. I drive a Jeep Wrangler because I enjoy it and because it is the least lawyerly car I could imagine, but I’m not ready to imply it means I’d make a good Senator.

For those who believe that I’m being too harsh given the politics of the Northeast, I’ll just remind them that a United States Senator is elected to a six year term. This decision isn’t about re-election, this is about Brown showing his true colors.

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Mashable is reporting that the FBI wants to require your internet service provider to monitor and log your web browsing activity for up to two years in the unlikely event that they should want to subpoena your browsing history.

We understand the tension between law enforcement and privacy advocates — after all, while we can imagine the potential for abuse, we can also see how evidence of a child pornographer’s internet activity could be useful in obtaining a prosecution that will help to stamp out some of the most disgusting and terrible crimes committed in our society. What we don’t understand is the technical backdrop for the request. Do ISPs currently log this information? If they don’t, wouldn’t this be an extremely burdensome request to place on service providers who are already starting to feel the squeeze as expensive upgrades loom and content providers push out more streaming video and high bandwidth applications?

I only mention this because when Shelly Roach reported leaks or rumors about the Obama administration shopping a new treaty requiring ISPs to keep extensive records of internet use by individuals, I thought the idea must be dead on arrival just because of the increased costs, but now, with Mashable’s article, I’m beginning to wonder whether the hardware is already in place and possibly already being used by many private ISPs.

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Yesterday, we urged activists to avoid internal power struggles like the plague. Conservative activists, in particular, should be weary of engaging in poisonous efforts to make other similarly-but-not-identically-minded activists walk the plank. Debate and persuasion are great, but don’t forget that power plays and personality conflicts are often behind efforts to exclude otherwise good and helpful conservative allies for “not being conservative enough.” You should definitely endeavor to stand for something, but there’s no reason to isolate yourself from other basically like-minded people who could be persuaded to eventually adopt your views if you don’t try to ostracize them first.

Today, we examine Rule #3. Like the other rules before it, Rule #3 is meant to help keep conservative activism both fun and productive.

3. Don’t allow your activist drive to consume you.

This rule consists of two subrules. First, decide what your ethical boundaries are and don’t allow your passion or ideology to compel you to cross them. Second, do your best to develop a meaningful and rewarding life outside of activism. Not only do these two subrules protect you from the darker side of obsession, they also make you a more effective activist.

How does setting ethical boundaries make you a more effective activist? If you aren’t ethical, people, including politicians *should* distance themselves from you and think twice about adopting positions you advocate. We’ve seen this generalization hold true in activism, but it is easier to understand if we discuss it in a similar area where we’ve also seen its power wreak havoc, the practice of law. Even in large cities, the legal community is small enough for word to get around if an attorney’s word isn’t kept or if an attorney uses abusive tactics. Judges don’t want to be reversed and so they might avoid relying on arguments made by an attorney who, because of bad judgment or bad character, would push the judge to do something the judge isn’t immediately comfortable with. Likewise, other attorneys will and should extend basic professional courtesies to opposing counsel of character, but not to someone who is dishonorable. We believe that this principle goes beyond the function of reputation; people unconsciously pick up on subtle hints in your voice, facial expression, and body language when your words or actions are not aligned with your thoughts and beliefs. Social scientists call this a failure of congruence, but whatever you call it, it makes people suspicious and seriously hampers your crediblity.

In activism, we’ve also seen people who have literally lost the ability to make good decisions entirely after they compromised their morality in order to walk down a slippery slope. The idiots who show up uninvited to protest and mock the military at funerals for fallen soldiers may once have been normal people, but at some point they stepped beyond their comfort zone and, with time, became comfortable doing the unthinkable. Their activism is shocking, but it is not effective. Don’t let yourself become that kind of activist.

Okay, so you understand how moral integrity gives power to your message, but why do we insist that developing a life outside of activism makes you a more effective activist? For a whole host of reasons. First, people in general and politicians in particular are going to be more likely to listen to you if you are a person of substance. You’ll connect with more people by naturally exploring your interests — whether they be rock-climbing or social media — than if you spend all your time consumed by doomsday thoughts about creeping socialism. Don’t get us wrong, creeping socialism is a kind of doomsday scenario. However, we think you’ll be happier and more successful as an activist if you are also a successful person in other areas of your life. There are dozens of theories concerning why people are much more likely to be persuaded by those who have their heart in the right place and are successful, but the social science doesn’t really matter. Just know this: if people pick up on a trace of crazy fanatic running through your character, they’ll dismiss you when you need them to trust you. If you don’t believe us, consider how long you’d have to think before dismissing the message being presented by some zealot who spends every afternoon burning flags in front of elementary schools. There’s something about fanatical, zealous “true believers” and mainstream America that doesn’t mesh all that well.

In your efforts to enhance your activism by being normal and well-rounded, you can also leave man-worship and insane and blind devotion to party and policy to Obamaniacs and we’d be just find with that. No reasonable person really believes Obama is the second coming, anyway, and no reasonable person should be believe that Newt Gingrich is, either.

Tommorrow: Rule #4: Pick your battles wisely.

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Yesterday, in our discussion of our first rule for activists, we pointed out that activist efforts from both Lefties and Righties to educate the masses often demoralize their fellow activists and result in questionable, if any, gains. Republican politicians with any sense will be more effectively swayed towards conservative principles by the threat of a few hundred influential people in their community mobilized to embarrass or challenge them than they will be by efforts to hand out fliers or teach commuters about liberty by holding signs on street corners. You cannot get your group mobilized to act when you need them to if you continue to ask for them to suck exhaust and take punishment from the public in the name of educating the masses. You’ve got to keep things “fun.”

Like our first rule, today’s rule is also aimed at keeping things fun for our troops. It seems strange that we have to mention this rule, but we’ve seen too much misery amongst ideological activists who fail to act in accordance with the rule to believe that it is obvious to everyone.

2. Avoid internal power struggles.

Sadly, some activists are essentially would-be politicians without the people-skills. When these activists talk about “getting involved” or “leadership,” their essential concern is the power and respect they will be afforded within the organization. If you have two or more of these folks in an organization, you have the makings of an internal power struggle. Don’t be the person we are talking about because you will zap the energy and enthusiasm from the organization as everyone’s focus turns to managing the internal power struggle.

Internal plower plays in conservative grassroots organizations are typically concealed under discussions of ideological purity. Most of the time, these discussions aren’t really about genuinely incompatible differences of opinion, but instead about conflicting personalities. The amount of hair-splitting and distinguishing that takes place in grassroots conservative groups while Obama is collectivizing the country is remarkable.

Don’t get us wrong, you don’t have to be a coalition builder to be an effective activist, but you shouldn’t conclude that any person who disagrees with you on some tangential matter is necessarily unhelpful or should be spurned, ostracized, and burned at the stake. Ronald Reagan was once a Democrat. Whittaker Chambers was once a Communist. It takes time for most people to find the right path. We need to help them with that struggle rather than harshing them because they haven’t yet adopted the party line 100% of the time. As we discussed above, standing on street corners with signs probably doesn’t change a lot of hearts or minds, but building a close knit community and showing your fellow compatriots respect can help.

We should note that this does not mean that we believe that you need to be inclusive in the sense that you stand for nothing. As the old folk saying goes, “you’ve got to stand for something or you’ll fall for anything.” But, there are diminishing returns in strict idealogical purity.

The otherwise brilliant libertarian movement is often a sad example of this counterproductive trend. For instance, earlier this year we saw a group of anarcho-libertarian activists abandon a thriving website, Bureacrash, that they helped to build into a significant community over the years because, in no small part, Lee Doren, a talented conservative vlogger with a mostly libertarian bent wasn’t ready to agree that the United States should never use preemptive force in dealing with foreign threats. The result was the creation of another useful site and community, but it’s sad to think that considerable minds who agree that creeping socialism has turned into sprinting socialism can’t work together to fight government intrusion at home while agreeing to disagree on certain aspects of foreign policy.

Tomorrow: Rule #3: Don’t allow your activist drive to consume you.

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We began covering “conservative activism” for Daily Uprising when the phrase seemed oxymoronic. At the time, we might as well have been talking about “principled politicians” or a “balanced budget” because combining the words “conservative” and “activism” seemed like just another pairing that sounds good in theory, but almost never happens in reality.

Today, however, “conservative activists” are very much real, numerous, and an undeniable force. While we were covering the 9/12 “March on Washington,” we asked one tea party activist from Missouri, who we found decked out in costume and smiles, whether she believed that conservative activism would be a “flash in the pan or a lasting movement.” Her answer was revealing: “This is just too much fun to fade away.”

Indeed, these are “fun” times.  We no longer think we need to ask whether conservative activism works.  Instead, our current interest lies in how we can keep it fun.

So, without further ado, here is the first of our top five suggestions on how to keep conservative activism fun:

1.  Don’t demoralize your troops by focusing on efforts to educate the masses.

Don’t loose perspective of the real impact your work will have by trying to educate the masses. Mass education through activism can be a strangely appealing myth for idealogues, but it is a goal that often brings frustration and misery to your fellow activists. Focusing on building and strengthening your community and targeting the egoistic weaknesses of politicians makes much more sense and is much more fun for your fellow activists.

I have a distinct memory of watching far left wing zealots march with mildly offensive and contentious signs in front of the Federal Building in Westwood, California. I was a young conservative student at neighboring UCLA at the time and, while I don’t remember the specific issue that rankled the moonbats, I do remember the reaction of other students: by and large, they distanced themselves from the crazies with signs. The activists probably thought that they were bringing “public awareness” and persuading people that there was some wrongdoing or injustice going on. The reality was that even generally liberal students didn’t want to be associated with a message that crazies were promoting. All these activists did was suck exhaust, put up with rudeness from passersby, and provide their cause with a fringe gloss.

We’d prefer to see our conservative activists return from successful events energized and recommitted to future involvement in the political process instead of stinging from arguments with strangers. They should be motivated to talk to friends about their happy experience and try to bring others who might share somewhat similar sensibilities into the fold. Real persuasion has always been much more likely to happen on an interpersonal level, anyway.

Tomorrow, we’ll discuss Rule #2:  Avoid internal power struggles.

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Today, Congressman Ahn “Joseph” Cao was the lone Republican to vote in support of the House Democrat’s health care reform legislation. Cao barely captured his seat in a run-off election against William Jefferson, the African-American Democrat incumbent, after the FBI taped Jefferson shaking down a technology company for hundreds of thousands of dollars in bribes and found $90,000 in bills traceable to the tech company concealed in Jefferson’s home freezer. Cao’s district has a huge Democrat registration advantage, is largely African-American, and voted overwhelmingly for Barrack Obama. Cao’s previous vote against Obama’s stimulus package triggered recall efforts against him.

Pathetic Loser of the Day:  Cao Dishonors Himself In a Futile Effort to Get Re-elected

Biggest Loser of the Day: Cao Dishonors Himself In a Futile Effort to Get Re-elected

We would have liked to see every Republican vote against the Health Care reform bill to send a clear message. We imagine House Whip Cantor may have taken time out from making confused and disparaging commentsabout talk radio show talent Rush Limbaugh in order to tell Cao that he could vote in favor of the legislation if it looked like the legislation was going to pass regardless of Republican efforts. We’re not sure, but the thinking may have been that there was no reason to sacrifice Cao in order to provide posterity with the historical gesture of Republican consensus on this issue.

If we were Cao, we would have declined the courtesy. We can’t imagine any Republican wanting to associate their name with a mistake of this kind of historical proportion. The better move would have been for Cao to vote “no” with his conscience and in accordance with the principles that drove him to run as a Republican in the first place. A vote against the health care reform may cost Cao his seat, but it would not cost him his honor. This shouldn’t be a difficult decision for anyone, but to make it easier, there’s not a snowball’s chance that Cao is getting reelected in that district, anyway.

Because we believe Cao understands why the Democratic Health Care Reform legislation is terrible legislation and voted in hopes of winning an almost impossible reelection bid, we believe he is the biggest loser of the day. Progressive Democracts are wrong, but they protected the public option and courted some controversy in their successful efforts to pass this legislation. Republicans who stood in near consensus against the legislation have given mainstream America a reason to elect more of them in 2010. Cao stands almost alone as weak and unprincipled. We hope he fares better in his next career.

Here’s the roll call.

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The Associated Press reported breaking news yesterday that the American Association of Retired Persons (AARP) will formally endorse the House Democrat’s health insurance reform legislation today.

It should come as no surprise that the Daily Uprising team disagrees with the AARP on the merits of the House Bill. However, we also think that it is a political misstep for the venerable special interest group because it reveals the truth of a belief long-held by conservatives: The AARP is deceptive when it claims its purpose is to protect its aged membership from adverse policy decisions because, when it comes down to choosing between the interests of their members and the interests of the Democrat party, they always seem to choose the latter.

Here’s a video of an AARP “town hall” in Dallas when AARP members insisted that its organization was informally backing ObamaCare. The AARP organizers walked out when the members wouldn’t be lectured about the need for socialized medicine:

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I certainly hope that younger generations will be as tenacious and obstinate in their defense of liberty as large numbers of elderly Americans have been in this debate.

For those AARP members who are disgruntled, you may want to check out ASA (AmericanSeniors.org) or 60+ (60plus.org) as potential alternatives. It’s always a good idea to comparison shop!

(On a personal note, if you are a child or friend of someone who uses AARP to secure discounts, we think that’s great. It is entirely regrettable that the AARP takes money from a broad spectrum of its membership to advocate the views of a small number of extreme liberals and statists, but that doesn’t mean that the desire to economize and save shouldn’t be commended. It should. Rather than asking them to consider ASA or 60+, we recommend spending some quality time over the next couple of months exploring the world wide web and teaching them how to use an old PC if they don’t already have one. Ultimately, we suspect that many older Americans might not be as interested in paying AARP dues if they realized (independently of politics) that they could find similar or maybe even better deals with a bit of web searching.)

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We’ve been thinking about the special magic formula that has made Rush Limbaugh such a dominant media figure for so long. One of the ingredients must be the talk radio superstar’s ability to find the humor in the unintended comic seriousness of special interest groups and officialdom.

Here’s an article to make Rush Limbaugh chuckle. Reporter Olsen Ebright noticed that the following Halloween costume was raising eyebrows and getting chuckles in Los Angeles this year:

Illegal Allien Halloween Costume

Illegal immigration is a serious problem for all concerned, but we had to chuckle at the alien with the forged green card. The real punchline, though, comes from Angelica Salas of the Coalition of Humane Immigrant Rights of Los Angeles. Here’s the quote from Angelica:

[The costume]‘s “distasteful, mean-spirited and ignorant of social stigmas and current debate on immigration reform,” says Angelica Salas.
Salas… has asked Minneapolis-based retailer Target to remove the costume from its website. Target spokesman Joshua Thomas told The Associated Press that the company is removing the costume after receiving several complaints.

Angelica: You might want to consider that if you can’t learn to laugh at a good joke, you might just become one. It’s just a costume.

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