The Corner

‘What You Can Get Away With’

I have told this story before — probably too many times — but will tell it again, in light of Obama’s imperial behavior.

In 2003, I was at a dinner party on the Upper East Side of Manhattan. All liberals, plus me. The Texas sodomy decision had just come down from the Supreme Court. My hostess asked me what I thought. I said that I agreed with Justice Thomas — who wrote essentially this: “The Texas law is dumb. If I were a member of the state legislature, I would vote to repeal it. But I find nothing in the Constitution that forbids a state to make such a law.”


My hostess looked at me as though I had come from Mars. She did not look at me with hostility. She looked at me with incomprehension. If you’ve got the power, you use it, for good ends. If you’ve got the black robe and the gavel — why, ram home what is right!

When I was in college, and figuring things out, I noticed that the Left had a disdain for process. They would use it, if the process was to their advantage. But they would jettison it the second the process was inconvenient. What mattered was the result, period.




A friend of mine wrote me this morning saying that he feared Republicans would not “put the genie back in the bottle.” Obama has now broken free from our political process. Republicans will feel unhindered, when they have executive power.

I don’t believe it. First, I don’t think Republicans in general want to abuse their power (though some do, for sure). They have a constitutional conscience, or a semblance of one. But second, the “culture” won’t let them. The media, the professors, the entertainment industry — they won’t allow anti-constitutionalism for conservative or right-wing ends. They will allow it only for “progressive” ends. If a conservative result threatens, they will be gung-ho for the process.

Many years ago, I was watching Crossfire, when Michael Kinsley was a host. He made a refreshing admission, I thought. It went something like this: “We liberals believe in judicial activism, so we get to do what we want on the bench. You conservatives don’t believe in judicial activism — so you have to abide by your principle. Too bad. Ha ha.” I have caricatured Kinsley’s statement, but it was essentially that. And true.


Andy Warhol said, “Art is what you can get away with.” For Barack Obama and those who share his politics, democracy is what you can get away with.

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