February 2, 2009
by lestro
by lestro
Once again, the New York Times seems to have forgotten what “liberal” and “conservative” mean.
This time, it comes in an article about the make-up of the Supreme Court in which the writer looks at the possibility of President Obama replacing a handful of “liberal” justices who are approaching the end of their terms (read: death).
But the problem is not in its portrayal of the court, per se, but the fact that they are confusing liberalism and conservatism with right and left ideological party positions.
For example:
“It is fair to say that the Supreme Court both now and historically has been to the left of the American public,” said Nathaniel Persily, a law professor at Columbia and an editor of “Public Opinion and Constitutional Controversy” (Oxford, 2008).
“On school prayer, for instance, the Supreme Court is far to the left of the American public,” Professor Persily said, referring to decisions saying that officials may not organize, lead or endorse prayer or devotional Bible reading in the public schools.
“On racial issues, it’s pretty clear from the Michigan cases that the Supreme Court is out of step with the American public,” Professor Persily said of the pair of 2003 decisions allowing public universities to consider race in admissions decisions. (In a 2007 decision, the Roberts court leaned the other way, forbidding public school systems from explicitly taking race into account to achieve or maintain integration.)
Other areas in which the court is to the left of popular opinion, Professor Persily said, are criminal procedure and free speech. Decisions protecting flag burning under the First Amendment, for instance, were quite unpopular.
The fact is that the decisions reached by the court on most of, if not all of those issues, may have pleased the party of liberals and people who consider themselves liberals, but the decisions themselves were actually quite conservative.
At their base form the words “liberal” and “conservative” in this context mean looser and stricter views on government power, not on social mores or issues. “Liberal” means open to wide interpretation while “conservative” means strict constructionist, letter and spirit of the document.
So therefore, a “conservative” reading of the Constitution is one that limits the powers of the government to those specifically listed in the document, while a “liberal” one grants more leeway.
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