All right – with 8 days before the election, things have gotten to such a level stupid it’s amazing.
First, start with this 2001 interview by Obama, where pre-Senator Obama talks about the civil rights movement and their drive to improve the lives of the poor:
caller (karen): 46:07 the gentlemen made the point that the warren court wasn’t terribly radical with economic changes my question is is it to late for that kind of reparative work and is that the appropriate place for reparative economic work to take place
Q you mean the court
caller: the court or would it be legislation at this point
OBAMA
46:27 you know maybe i am showing my bias here as a legislator as well as a law professor but you know i am not optimistic about bringing about major redistributive change through the courts
46:43 you know the institution just isn’t structured that way just look at very rare examples where during he desegregation era the court was willing to for example
46:55 order you know changes that cost money
46:59 to local school district and the court was very uncomfortable with it it was hard to manage
47:04 it was hard to figure out you start getting into all sorts of separation of powers issues
47:09 you know in terms of the court monitoring or engaging in a process that is essentially is administrative and take a lot of time the court is not very good at it and politically it is hard to legitimize opinions from the court in that regard
47:27 so i think that although you can craft theoretical justifications for it legally you know i think any three of us sitting here could come up with a rationale for bringing about economic change through the courts
47:45 i think that as a practical matte that our institutions are just poorly equipped to do it
Now, I know it’s hard to read all of those numbers, but here are some of the big points from Senator Obama back in 2001:
you know maybe i am showing my bias here as a legislator as well as a law professor but you know i am not optimistic about bringing about major redistributive change through the courts
IE: I think that change should be made through changing the laws, not by using “activist judges”.
46:43 you know the institution just isn’t structured that way just look at very rare examples where during he desegregation era the court was willing to for example
46:55 order you know changes that cost money
46:59 to local school district and the court was very uncomfortable with it it was hard to manage
47:04 it was hard to figure out you start getting into all sorts of separation of powers issues
47:09 you know in terms of the court monitoring or engaging in a process that is essentially is administrative and take a lot of time the court is not very good at it and politically it is hard to legitimize opinions from the court in that regard
Legal translation: The courts, during the civil rights movement, did make some decisions about things like “separate but equal” – that you couldn’t spend more money on whites than on blacks. But, the courts aren’t built to handle allocating money – that’s the job of the legislative branch. And the executive branch is in charge of handing the day to day administration of that money.
Now, here’s the part that people like Drudge and the McCain campaign are freaking out about:
OBAMA
39:45 and it essentially has never happened i mean if you look at the victories and failures of the civil rights movemtn
39:48 and its litigation strategy and the court i think wehere it succeeded was to vest formal rigths in previously dispossessed peoples so that i would not have the right to vote would now be able to sit at lunch counter and as lpong as i coudl pay for it would be ok
40:10 but the supreme 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 as people try to characterize the warren court it wasnt that radical
40;30 it didnt break free from the essential constraints that were placed by the founding fathers in the constituion at least as it has been interpreted and the warren court interpreted it generally in the same way that the constitution is a document of negative liberties
40:43 says what the states cant do to you says what the federal govt cant do to you but it doesnt say what the federal govt or state govt mst do on your behalf and that hasnt shifted and i think one of the tragedies of the civil rights movement was that
41:01 the civil rights movement becaem so court focused i think there was a tendency to lose track of the political and organizing activities
41:12 on the ground that are able to bring about the coalitions of power through which you bring about redistributive change
41:20 and in some ways we still suffer from that
So, here’s what he said:
- but the supreme court never ventured into the issues of redistribution of wealth and sort of basic issues of political and economic justice in this society – this is accurate. The Supreme Court never did this. Obama didn’t say that he wanted to redistribute wealth – he’s saying pretty clearly that the Supreme court didn’t, and thereby, you can’t call the Warren court (which is the topic of the conversation) was as radical as people say it is.
- one of the tragedies of the civil rights movement was that … the civil rights movement becaem so court focused i think there was a tendency to lose track of the political and organizing activities … on the ground that are able to bring about the coalitions of power through which you bring about redistributive change … and in some ways we still suffer from that – Here, Obama is laying out very clearly that the civil rights movement in the 1960’s, and even today, relies too much on the courts to make changes (which, as he laid out above, is not something the courts like to do). Therefore, the more important changes to change things is on the grassroots level, on the community organizing level.
The term that some people are getting their panties in a knot about is the word “redistrubutive change”. Oh, no – Obama said the word “redistributive”! Helen, fetch the smelling salts! Someone wave me with a white hanky – I think I’m going to be faint! Redistribute – it’s so – so – socialist!
(sigh)
First, it’s pretty clear that then Constitutional Lawyer Obama was talking about the civil rights movement. Which was trying to enact changes – changes in how white people had power, and minorities didn’t. Changes in how white people could vote, and black people couldn’t. Changes in how white people got the good schools, and black people got crap.
They wanted to redistribute the power, redistribute the voting rights, redistribute yes, even the wealth by ensuring that minority schools weren’t squalor while white schools were brand new.
Evidently, using the word “redistribute” is a naughty thing to do, because “OMG SOCIALISM!” Of course, anyone with a mind who reads this interview, knows their history, and can actually use reading comprehension, they would know that Obama isn’t trying to “redistribute wealth from the wealthy to the poor”. Sure, he’d admit that he wants to take the tax income and have the middle class pay less and the rich more. But since both groups are already being taxed, he just wants to shift the balance of who gets more out of it to the 80-95% of the country that needs it, instead of the 5-15% that doesn’t.
But socialism? This is the best you’ve got, Drudge and Senator McCain? You find a time that Senator Obama has used the word “redistributive” and then ignore the entire rest of the conversation to try and score political points?