Thursday, October 06, 2005

Where There's A Will, There's A Way Brutal Fisking

George Will's latest effete column re:Harriett Miers is deconstructed piece-by-piece here.


We told you yesterday this whole thing was about snobbery. The tirade quoted above demonstrates that and something else; the snobbery is being amplified by pure dudgeon about a number of conservative beefs, including Will's pet peeve:

(T)he president has forfeited his right to be trusted as a custodian of the Constitution. The forfeiture occurred March 27, 2002, when, in a private act betokening an uneasy conscience, he signed the McCain-Feingold law expanding government regulation of the timing, quantity and content of political speech. The day before the 2000 Iowa caucuses he was asked -- to insure a considered response from him, he had been told in advance he would be asked -- whether McCain-Feingold's core purposes are unconstitutional. He unhesitatingly said, ``I agree.'' Asked if he thought presidents have a duty, pursuant to their oath to defend the Constitution, to make an independent judgment about the constitutionality of bills and to veto those he thinks unconstitutional, he briskly said, ``I do.''

Let's go Mr. Will one better and actually think about the argument he is trying to assemble here. First of all, interpreting the Constitution is a talent -- unless it's a skill (Which is it, George? Those aren't synonyms in my dictionary) -- that can only be acquired by highly trained specialists who represent only a subset of all attorneys. It can't be done by amateurs, and no amateur should even try. Oka-a-a-y. George Bush isn't an attorney of any kind. Under what article of the new George Will Constitution would the President have the right to pass judgment on the constitutionality of McCain-Feingold? Oh. Of course. Under the article (or its penumbra) which legitimizes all executive actions congruent with the intellectual or emotional whims of the Founding Father, George Will. But instead, the President deferred the matter of McCain-Feingold's constitutionality to the U.S. Supreme Court -- i.e., highly trained specialists in interpreting the Constitution -- who proceeded to declare it (drum roll, please!) constitutional.

Well, by Mr. Will's own argument with respect to the Miers nomination -- remember what he started ranting about in the first place -- this outcome means that the President (if he thought McCain-Feingold was unconstitutional) was wrong, and the great intellectuals of the court were right. So what is George Will's beef? That he disagrees with the highly trained specialists of the court. Hmmmm.

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