« BACK  |  PRINT

RS

FRONT PAGE CONTRIBUTOR

How Obama Can Empower The Courts To “Spread The Wealth”

Back in the USSR

Over at NRO, the indefatigable Andrew McCarthy looks at Obama’s statements about redistribution and posits that, as president, he could try to revive a Soviet-backed UN treaty previously endorsed by the Carter Administration:

In 1966, with key help from the Soviet Union, the United Nations began promoting a monstrosity of a treaty known as the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is chockablock with exactly the things Obama [based on his 2001 comments] would say government must do on your behalf: provide housing, clothing, education, health care, employment, a living wage that accounts for comparative worth (meaning the government, under the guise of preventing discrimination, determines what you are paid), limited labor hours, paid vacation and holidays, paid parental leave, nearly unrestricted trade unionization, social security (including “social insurance”), “equitable distribution of world food supplies in relation to need,” and so on.

This economic-justice compact was so patently socialist that, even at the height of his Great Society and War on Poverty, President Lyndon Johnson declined to sign it. So did Presidents Nixon and Ford. But alas, there is always Jimmy Carter. Thirty years ago, he signed the ICESCR, but it has languished ever since, never ratified. President Clinton lauded the treaty but shrank from prodding the senate, where staunch Republican opposition made the required two-thirds approval margin a pipedream.

Obama, by contrast, expects to have the wind at his back, at least for a time. Gone is the Republican Congress of the Clinton years. Despite their appalling performance and historically low approval ratings, cocky Democrats expect to pad their congressional majorities. They anticipate inching close to 60 seats, or beyond….

The Constitution stipulates that, once ratified, a treaty becomes the supreme law of the land. No longer would Obama need to worry about the “essential constraints” that relegate our fundamental law to “a charter of negative liberties.” Federal judges would now be unleashed to direct the redistributions necessary to ensure a “living wage” and the ICESCR’s remaining laundry list of economic rights.

Two points I would add. One, McCarthy doesn’t address whether Obama has ever formally taken a position on the treaty – has he been asked? Two, “a living wage that accounts for comparative worth” is precisely Obama’s goal in his current “spread the wealth” tax plan, which greatly expands the amount of money government pays out in checks to people who pay no federal income taxes, thus raising their incomes. So it’s hardly fanciful to suggest, in combination with Obama’s various statements on redistribution, that this is precisely what he would favor.

COMMENTS

  • JLenardDetroit

    Obama has made perfectly clear about his disappointment with the Courts following the “Civil Rights” movement that it had not participated in “Redistributive Justice.” He has openly discussed that Courts should be able to “take into account” whether one has “Special Standing” based upon Race, Sex, Creed. If elected, you can look to AFFIRMATIVE ACTION via the Courts. No, not that kind, AFFIRMATIVE ACTION decisions for/against those in the courtrooms based on Race, Class, Sex, etc…

    See (here at RS) joeljournal’s – Obama spreading the wealth around since 2001 or Caleb’s Diary: Obama Video

    Unless you’ve been ignoring the news, you should have seen reports of changing the Bankruptcy law to “allow Judges more flexibility in adjusting Debt.” Friends, if you don’t understand that this is just THE FIRST STEP in empowering (improperly altering the Balance of Powers by granting Courts [more-so, LIBERAL ACTIVIST JUDGES]) the ability to Rule on a whim rather than by the Letter of the Laws.

    JUSTICE IS SUPPOSED TO BE BLIND. Provide EVEN and EQUAL PROTECTIONS, not SPECIAL RIGHTS!!

    Obama and willing accomplices in the Congress, especially if they reach Super-majority in Senate, will have FREE REIGN to appoint Activists to the SCOTUS. RS:Categories: Supreme Court / SCOTUS We will be stuck with these SCOTUS and countless other Federal Judge appointments in Appeals Courts across the U.S. if you do not act to prevent this by keeping Obama out of the White House.

  • JLenardDetroit


  • flagtown

    Is it just me? Didn’t Obama say in 2001 that he was disappointed with the Civil Rights Movement BECAUSE it sought redistributive justice in the courts?

    • JLenardDetroit

      go Here to HEAR IT for yourself. Obama in his own words in the actual interview.

      I don’t have the embed code handy, so you’ll have to follow the link.

      • flagtown

        Obama said that one of the tragedies of the Civil Rights Movement was that it sought redistributive change through the courts rather than through community organizing, which is what I said earlier — that’s in the middle of the video. Obama was stating that the Warren Court wasn’t as radical as people believed it to be rather than bemoaning that it wasn’t more radical than it was. He clearly supported the idea of promoting economic justice, but I don’t think that you could realistically read his remarks as suggesting that economic redistribution ought to be mandated by the courts. Those remarks struck me as nothing more than Obama speculating on which method would be most effective in lifting people out of poverty, and his conclusion was that community organizing and empowering the poor is the best path toward more widespread economic opportunity.