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Hillary Clinton
The Associated Press

In it to win it ... still.

Featured Topic | Posted 10 weeks 4 days ago

Obama looks like the nominee. So why won't Hillary Clinton quit?

They started writing Hillary Clinton's political obituary after the Iowa caucuses. Then she won New Hampshire. They tried again after Super Tuesday. And still she fought on. Now Clinton has failed to score any kind of knockout blow against Barack Obama in the North Carolina and Indiana primaries. Once again, the pundits are saying its over.

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Ben likes: The nominee?

Jonathan V. Last/The Weekly Standard

The general consensus seems to be that last night's results settled the Democratic nomination fight. But I'm not exactly sure why that is.

For months now--since South Carolina--it has been pretty obvious which states Obama would win and which Clinton would carry. It seemed clear all along that Obama would win North Carolina comfortably and that Clinton would take Indiana by a close margin. And that's what happened yesterday. So why all the talk about how the race is finished now? Look: If you believed that the nomination fight was signed, sealed, and delivered before yesterday, that's a perfectly reasonable position and the results only confirm your theory. After all, because of the way Democrats apportion delegates, the pledged delegate lead has been out of Clinton's reach since early February--something everyone watching the campaign has long understood. But if you thought that Clinton had a small, but viable, chance to sway superdelegates at the convention by making the case of a popular vote victory, then I'm not sure how last night changed anything.

In other words, it's not clear how yesterday changes anything. The candidates performed roughly to expectations and the next three weeks are going to be a gauntlet for Obama as he gets clobbered in one place after another--all while being touted as "The Nominee." What has been Clinton's gambit since February--her attempt to be leading at least two of the popular vote counts by the time of the convention--will finally be given the chance to mature as she has a string of contests with very favorable demographics. It seems to me that there's no reason for her to quit now and every reason for her to stay in the race. And that this gambit has as much chance of succeeding today as it did on Monday.

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Joel likes: The irony of the end

Kyle E. Moore/Comments from Left Field

At this point, Hillary Clinton's arguments have all been shot down. Florida and Michigan will no longer save her, she has no hope of winning the pledged delegate lead, and she has no hope of winning the popular vote. By contrast, Obama has proven that even when his campaign is getting kicked around and beaten with baseball bats, he can still perform, and he can still come up with a meaningful as opposed to a symbolic win.

There is a way for her to remain in the race, and not do herself, her party, and the eventual nominee harm, and that would be to go 100% against McCain. Stay in the race, ignore Obama, and let's have  instead of a two on one gang up on Obama, a two on one gang up on McCain. Under these conditions, I would be more than happy for Mrs. Clinton to remain in the race, it would give the voters in the remaining states a sense that they are contributing, and hopefully create more excitement for the eventual nominee, and it would double the intensity of attacks on McCain, and hopefully, for the first time since McCain looked to be a doomed candidate late last year, actually force the media to put him in the hotseat.

But barring that, the race is over.

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Samuel Alito and John Roberts
The Associated Press

Justice Samuel Alito, left, and Chief Justice John Roberts, with their families at a White House reception.

Featured Topic | Posted 10 weeks 4 days ago

Could America use more Robertses and Alitos on the bench?

Highlighting an issue he plans to use aggressively in the general election campaign, John McCain on Tuesday decried "the common and systematic abuse of our federal courts by the people we entrust with judicial power" and pledged to nominate judges similar to the ones President Bush has placed on the bench.

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Ben likes: Judicial promise

National Review

The future direction of the Supreme Court is very much at stake in this November’s presidential election. The two or three justices most likely to depart the Court over the next four years -- Justice Stevens, Justice Ginsburg, and possibly Justice Souter -- are liberal judicial activists who routinely read their own policy preferences into the Constitution and who selectively regard their own favored precedents as sacrosanct. If a President Obama or a President Clinton names their successors, the slender operating majority on the Court for liberal activist results on most contentious political issues is likely to be preserved for at least another generation. By contrast, a president committed to nominate, and fight for, justices who will practice judicial restraint offers real hope that the Court may soon be restored to its proper role in our constitutional system. In his speech today, John McCain has provided encouraging evidence that he would be that president. One speech, of course, does not a campaign -- or a Supreme Court appointment -- make. John McCain needs to continue to make the case for judicial restraint and to draw the stark contrast between his views and his Democratic opponent’s on the proper role of the judiciary. If elected, he will need to populate key judge-picking positions -- including the White House counsel and the attorney general -- with experienced advisers committed to his stated goals. (We would rest easier if he threw out a few names now.) And he will need to be ready to devote a lot of political capital to defeat intransigent Democratic opposition in the Senate. Conservatives, for their part, need to do what we can to help McCain live up to his promises.

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Joel likes: McCain's code words

Doug Kendall/Huffington Post

If the proper role of the judiciary is going to be one of "the defining issues of this presidential election," as John McCain asserted today, he should try to develop a coherent position on the topic.

At his speech in North Carolina, McCain expressed his opposition to judges who issue opinions "wandering farther and farther from the clear meanings of the Constitution" and who solve "policy questions that should be decided democratically."

The problem is that the justices McCain hails as the paragons of constitutional fidelity and judicial restraint -- John Roberts and Samuel Alito -- have been quite activist in a number of cases, departing from the Constitution's text and history and sharply limiting important federal, state, and local laws passed by overwhelming popular majorities.

John McCain knows this, of course, because one of the better examples is FEC v. Wisconsin Right to Life, a 5-4 opinion written by Roberts in 2007 which defangs the limits on corporate issue ads imposed by the McCain/Feingold Bipartisan Campaign Reform Act. McCain initiated the suit against Wisconsin Right to Life and when the Court limited his law he called its opinion "regrettable." He is right about that.

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Birth control
The Associated Press

Protected, for now.

Featured Topic | Posted 10 weeks 4 days ago

Do women have a right to birth control?

More than 40 years ago, the U.S. Supreme Court ruled in Griswold v. Connecticut that a right to privacy protected the right of married couples to purchase and use birth control. But the last battle has not been fought: Last week, a federal appeals court said the State of Washington cannot yet enforce a law that requires pharmacies to dispense contraceptives over the objections of pro-life pharmacists.

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Ben likes: The myth of a right to privacy

Rich Lowry/National Review

The mischief began 40 years ago in the case Griswold v. Connecticut, when the Court struck down a prohibition on contraceptives on the basis of a "right to marital privacy." The bit about "marital" was quickly dropped, and the new discovery became a general right to privacy.

In Griswold, the Court suggested the right might be found in the First, Third, Fourth, Fifth and/or Ninth Amendments. In other words, it must be there somewhere, anywhere. But since the right to privacy is nowhere mentioned, the Court had to contend that it resides in "penumbras formed by emanations." In layman's terms, that means in partial shadows formed by emissions, which it doesn't take a constitutional scholar to conclude sounds pretty vaporous.

If Connecticut's contraceptive law was outdated and purposeless, the answer was simple: for voters to overturn it. Both the dissenters in the case, Justices Hugo Black and Potter Stewart noted that they opposed the Connecticut policy, but that didn't make it unconstitutional.

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Joel likes: Public triumphs, private rights

Ms. Magazine

Although the Constitution and the Bill of Rights do not explicitly guarantee privacy rights to individuals, such rights are implicit within the documents. The landmark ruling in Griswold v. Connecticut paved the way for Eisenstadt v. Baird, the 1972 Supreme Court decision that extended these same privacy protections — and thus the right to obtain birth control — to unmarried women. It opened the door the following year to the historic ruling in Roe v. Wade, which expanded the privacy doctrine to abortion, granting women and their doctors the legal right not just to prevent, but also to terminate, unwanted early pregnancies.

Before birth control and abortion were legally and readily available, the average woman would become pregnant between 12 and 15 times in her lifetime. Even today in the United States, nearly half of all pregnancies remain unintended, and nearly half of those result in abortion. This is why polls show that the vast majority of Americans reject the extremism of a determined minority and do not want the Supreme Court decisions that protect their private decisions to be overturned. Doctrines of privacy and equality for women are simply not separable: Eroding one imperils the other.

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Money, cash money
The Associated Press

Americans believe the economy is in a recession. But is it true?

Featured Topic | Posted 10 weeks 4 days ago

Is economic gloom and doom overblown?

CNN

Just how bad is the U.S. economy? Who's asking? More important, who's answering?

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Ben likes: No recession

Brian Wesbury/First Trust Advisors

The conventional wisdom is not always wrong. But because it depends so much on emotion, it can often mislead. As a result, it is in times like these that economic fundamentals become so important. Rather than dwelling on the bad news coming from the financial and housing sectors, we believe it is important to look at the underlying drivers of the economy. And those look very solid.

Back in 2002-03, the household measure of civilian employment was much stronger than the payroll survey, signaling economic recovery.  However, at the time, many prominent economists, including Alan Greenspan, (wrongly) argued that the payroll survey was right about the economy, not the household survey.

Then, in late 2007, the household survey was weaker than payroll growth, signaling slower growth and gaining some adherents now that it was showing weakness. But in the past few months, the household survey -- which we have followed closely all along -- has turned up strongly. In the first four months of 2008, when the payrolls survey shows a loss of 65,000 jobs per month, the household survey shows a gain of 179,000 per month.

Look for more positive economic data in the months ahead, as the most predicted recession in U.S. history never comes to pass.    

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Joel likes: How Wall Street gravely damaged the economy

Kevin Phillips/The American Prospect

As of spring 2008, we're probably just a third of the way through the unfolding debacle in the housing, credit, and financial markets. In political and regulatory terms, the ultimate problems and remedies have only begun to define themselves.

We're not just looking at an ordinary recession. Since the 1970s, the United States has redefined itself from a manufacturing nation to a financial economy built on debt, leverage, and a considerable ratio of speculation. Both political parties have been complicit in this, and the downturn now beginning will be unusual and potentially tragic.

The lesson of history is that previous leading world economic powers, from Rome and Imperial Spain to the Netherlands (back when New York was New Amsterdam) and early 20th-century Britain, have been unable to reform themselves in time to avoid decline. Politics has failed in the face of entrenched interests. In the process, excessive debt and dependence on finance rather than production has been front and center. New nations move to the head of the line -- and these days we can see Asia smiling.

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William Lynd
The Associated Press

William Lynd is scheduled to be executed for murder.

Featured Topic | Posted 10 weeks 5 days ago

Does the death penalty make us safe?

If all goes as planned, Georgia will execute William Lynd tonight for the crime of killing his girlfriend in 1988.

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Ben likes: Why would anybody support the death penalty?

Andrew Tallman/Townhall.com

Retribution is the goal of restoring the scales of moral justice to balance as possible. 

What, then, is the proper retribution for murder? As death penalty opponents are so fond of saying, “Executing the murderer will not bring his victim back to life.” That, of course, is true. It’s just as true, however, that giving him LIPWTPP will also fail to accomplish a resurrection. And that’s the point. There is simply nothing the murderer can do to truly restore the social fabric to the status quo ante for the obvious reason that there is no way to replace missing people. Nonetheless, as history and the Bible so clearly have held, blood alone can atone for shed blood. By requiring his life of him, we make him pay the only correct price and force him to fully pay it. This balances both the moral fabric as well as the murderer’s personal register.

Once we comprehend this distinction between murder and all other crimes (which can be restituted for), it should be clear that retribution not only justifies execution, it requires it. Execution is the only correct penalty-in-kind for murder, and retribution is the only value so far analyzed which justifies taking this most precious of payments from someone.

 

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Joel likes: Cruel and unusual punishment

Billy Sothern/The Nation

With several more executions lined up in death-penalty states across the country, it is important to once again focus the debate on the stark reality that the death penalty extinguishes the lives of breathing, joking, flawed and thoroughly human beings. Even if the means of taking those lives were as gentle as touching the forehead of the condemned, the ultimate challenge to our humanity would be just as vivid as a gallows, a guillotine or a firing squad.

Methods of execution that force us to confront the brutality of what we are doing more honestly express both society's rage against crime and the brutality of its consequences. For instance, there was the misery of Allen Lee "Tiny" Davis's execution in a Florida electric chair, when blood poured from his head and his contorted face could be seen through the poorly fitted mask as he struggled to stay alive, breathing ten breaths after the electricity stopped. Or the flames that sometimes shoot from the orifices of people in the electric chair. Or the extended "cut down" procedures necessary for inmates with bad veins who are being killed by lethal injection. Or the humiliating bowel releases of people hanged in the public square.

As our country resumes executions following the Baze decision, we must be mindful of the fact that extinguishing the life of a healthy person who wants to live cannot be done without violence. Whether William Lynd is led kicking and screaming to the gallows in a public square or goes to his death quietly, without any expression of pain as he succumbs to the poison flowing unseen in his bloodstream--he has not died peacefully. And we should know that--no matter the manner of execution--he never will.

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Payday loans
The Associated Press

Easy to borrow. Easy to pay off?

Featured Topic | Posted 10 weeks 5 days ago

Should payday loans be banned?

Payday loans are supposed to help borrowers out of short-term cash crunches. Often, though, they end up miring workers in insurmountable long-term debt. Hillary Clinton and Barack Obama have both criticized payday loan companies and suggested they would crack down on the industry if elected president.  And now the South Carolina General Assembly is considering legislation to greatly restrict lenders.

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Ben likes: Better than a bounced check

Tim Miller/Christian Science Monitor

Fed up with politicians incapable of balancing budgets? Well, now state legislatures across the country want to take a crack at balancing your checkbook – whether you like it or not.

Paternalism – the idea that government must take care of adults because they aren't able to do so themselves – is the ideology behind the wave of politicians determined to limit how much and how often Americans can borrow money. By putting stringent restrictions on borrowing, these politicians would effectively ban the practice of short-term "payday" lending, no matter how many people use it responsibly in times of crisis.

For those who enjoy access to high lines of credit, these short-term loans – which essentially let customers borrow cash from their next paycheck – may be a bad deal. But many of the less prosperous don't have such attractive alternatives to the kind of loans that politicians like to demonize.

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Joel likes: Putting a target on desperate people

Mary Kane/The Washington Independent

Sometimes there's no way to put a gloss on what things really are. And payday loans aren't a needed financial service; they're a ridiculously high-rate product aimed at desperate people.

The industry denies this, and with an attack-dog public relations firm goes after its critics. The only people who oppose payday lenders, they argue, are consumer groups and elitists, who don't understand how hard it is for ordinary folks to find a small loan when their car breaks down or they can't pay a bill.

Fair enough. But it's also been proven, time and time again, that these ordinary folks don't go to the payday lenders for a one-time problem, and then move on. Nearly all payday users are repeat customers, often paying 400 percent interest or more on loans that they roll over again and again, piling up more in fees and interest charges each time.

If you ignore the industry rhetoric and talk to people who use the lenders, they always tell you they never intended to keep coming back for more loans. They ran short one time, and when they were due to pay back the loan two weeks later, they owed so much in fees it made sense to take out another loan. And another. And another. And then they were stuck.

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Clinton Obama
The Associated Press

Can anybody win this thing?

Featured Topic | Posted 10 weeks 5 days ago

North Carolina and Indiana primaries: Who will emerge with the upper hand?

Indiana and North Carolina go to the polls today -- but nobody is expecting a clean answer to the (perhaps unanswerable) question: Who will be the Democratic Party's nominee for president? Hillary Clinton? Barack Obama? Can anybody land a knockout blow in this thing?

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Ben likes: Predictions for a Clinton win

Dean Barnett/The Weekly Standard

A couple of related predictions:

1) If Hillary wins by double digits in Indiana and squeaks out a victory in North Carolina, she will give the Democratic super-delegates much to ponder. Pat Caddell observed after the Lioness’ most recent victories, “The nomination process is not a suicide pact.” Caddell can't be the only Democratic poobah harboring such sentiments.

2) If the super-delegates do take a fresh look at Hillary while simultaneously deciding that Obama is too weak a candidate to take a flyer on in a year that should be a slam dunk for the Democratic party, Hillary's strange new respect from the right will have a life expectancy best measured in hours as opposed to weeks or months

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Joel likes: Fighting a good fight

E.J. Dionne/Washington Post

At this crucial moment, the Democratic presidential battle is an enigma wrapped in two ironies.

The first: Hillary Clinton found a compelling voice and a plausible strategy only after she had squandered her chances of winning the nomination without a divisive struggle over superdelegates and convention rules. It took a series of defeats to galvanize her campaign and help her put forward a better self.

The second: Clinton’s embrace of a gas tax holiday has endowed Barack Obama with a sense of purpose and a burst of energy at precisely the moment when his battered campaign seemed lethargic and reactive. Standing up to a proposal that even Clinton supporters see as pandering has allowed Obama to revisit his most successful days as a fresh voice uninhibited by Washington’s habits.

The old, inspiring Obama was clearly capable of beating the old, overconfident Clinton. The pugilistic Clinton turned the recently listless Obama into a pushover. But a contest between the old Obama and the new Clinton is a fair fight. It’s too bad only a few states are left to see it. 

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Blacks in prison
The Associated Press

Adult black males are nearly 12 times as likely to be imprisoned for drug convictions as adult white men.

Featured Topic | Posted 10 weeks 5 days ago

Why are blacks punished for drug crimes more often than whites?

Even though blacks and whites use illegal drugs at roughly equal rates, blacks are more likely to end up in prison as a result. Apart from crowding prisons, one result is a devastating impact on the lives of black men: adult black males are nearly 12 times as likely to be imprisoned for drug convictions as adult white men.

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Ben likes: High incarceration a function of crime, not racism

Heather Mac Donald/Investor's Business Daily

The favorite culprits for high black prison rates include a biased legal system, draconian drug enforcement and even prison itself. None of these explanations stands up to scrutiny.

The black incarceration rate is overwhelmingly a function of black crime. Insisting otherwise only worsens black alienation and further defers a real solution to the black crime problem.

Racial activists usually remain silent about that problem. But in 2005, the black homicide rate was more than seven times higher than that of whites and Hispanics combined, according to the federal Bureau of Justice Statistics.

When prominent figures such as Barack Obama make sweeping claims about racial unfairness in the criminal-justice system, they play with fire. The evidence is clear: Black prison rates result from crime, not racism. The dramatic drop in crime in the 1990s, to which stricter sentencing policies unquestionably contributed, has freed thousands of law-abiding inner-city residents from the bondage of fear.

The continuing search for the chimera of criminal-justice bigotry is a useless distraction that diverts energy and attention from the crucial imperative of helping more inner-city boys stay in school — and out of trouble.

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Joel likes: Where is the justice?

Leonard Pitts Jr./Miami Herald

I need no lectures to remind me that good people inhabit the system; my cousin is a federal prosecutor. Nor do I need any lectures on the heroism of cops; I've ridden with police, been protected by them and yield to no one in my admiration for those who do that job with honor.

So save the lectures, just give me an answer: How can I trust a system whose biases against people who look like me are simultaneously well-documented, yet happily ignored by those who resemble me not at all.

The question matters because without trust, the system doesn't work. Everybody came down, and justifiably so, on the idiot rapper who said last year that he would not call police even if a serial killer were living next door. Unfortunately, fewer people bothered to ask where such profound distrust comes from. Fewer still bothered to ask what it leads to.

People don't participate in systems they don't trust. They don't come forward, they don't testify. So criminals go uncaptured and crimes, unpunished. Yet some black people apparently find that preferable to participating in a system they believe is rigged against them. I don't agree with them, but before you condemn them, ask yourself: Would you play in a game refereed by someone who hated you? What's the point?

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Amazon.com
The Associated Press

Tax-free ... for now.

Featured Topic | Posted 10 weeks 6 days ago

Should you pay sales taxes for Internet purchases?

One advantage Amazon.com has had over brick-and-mortar retailers has been simple: No sales tax. Internet retailers have long avoided paying -- and charging their customers for -- the sales taxes that must be charged by their meatspace cousins. The real-world retailers have complained that the cyber-business thus has an unfair competitive advantage.

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Ben likes: Tax will hurt small businesses

Jonathan I. Ezore/Newsday

When news of the new "Amazon Tax" spread, most New Yorkers probably thought it just meant they'd have to start paying a little more when they ordered online merchandise. But the law, passed in Albany last month, is likely to have a far greater effect on small businesses than it is on consumers.

Critics of the new law say it is unworkable because tracking multiple sales tax rates is difficult - particularly for smaller retailers - while supporters counter that software tools are making this easier. But the reality is that Amazon and other merchants with affiliate programs won't bother adding the additional capability to collect New York tax; instead, they'll take the far easier step of blocking any New York-based site from their affiliate programs. The result will be a tremendous loss of income for the numerous small New York businesses now participating in affiliate programs.

If New York wants a larger share of online sales tax revenues, it should focus on making the state more attractive for online retailers to set up shop here, and improve enforcement of existing tax laws. Instead, the Amazon Tax will hurt New York's small online businesses and entrepreneurs, and ultimately may lower overall tax revenues, while strengthening New York's reputation as being unfriendly to small businesses.

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Joel likes: The case for online sales taxes

McClatchy

As brick-and-mortar retailers struggle in this tight economy, online sales continue to grow. One reason is their tax-free status.

Not only is this unfair competition for local business; it deprives public agencies of substantial sales tax revenue.

The competition factor has a large ripple effect. When local retailing operations diminish, jobs are lost and companies don't spend as much for everything in the local economy from site costs to advertising.

One can't whine about competition itself. Many customers like shopping online, and companies push those sales right along with sales in their stores. But unfair competition is something else, particularly when provided through unequal taxation.

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Elitist
Parker Bros.

Our next president?

Featured Topic | Posted 10 weeks 6 days ago

Which presidential candidate is most elitist?

Hillary Clinton and Barack Obama were educated at Ivy League schools. John McCain is the son of an admiral and the husband to a beer heiress. All three are United States senators. By any reasonable measure, all three are part of the elite.

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Ben likes: Snobbery

Daniel Larison/Eunomia

Snobbery and the resentment of snobbery (and it is really snobbery, and not elitism as such, that we have all been discussing) are always going to exist in societies with significant upward social mobility.  The more opportunities available to people through merit (or at least largely through merit), the more pretensions the arrivistes will put on to demonstrate that they do, in fact, belong in their new status group.  Snobbery may not be limited to arrivistes, which is to say those who have succeeded in making their own way, but I suspect it is most obvious among these people, because they are the ones who most have to prove that they have adopted the mentality associated with their new status and their new peers.  

Evidently, there are a lot of people on the left who find the controversy over Obama’s San Francisco remarks absolutely infuriating because he ”told the truth” and is being punished for it, but for everyone else the remarks were not just condescending–they were insulting because they were false.  More than that, a politician presumed to know why people did or believed certain things, when he probably cannot know their motives and, more importantly, shouldn’t care.  In an election, it is the politician’s motives, his beliefs, that are at issue.  The pol is the one who is supposed to be scrutinised by the voters, not vice versa.

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Joel likes: Those awful "elites" and their dreaded facts

Steve Benen/The Carpetbagger Report

Clinton’s disgust for “elite opinion” is not only entirely out of character for her, it’s a textbook George W. Bush move. There’s just no excuse for any Democrat, especially one as sharp and knowledgeable as Clinton, to do this.

Indeed, the fact that Clinton can make these remarks with a straight face is rather disconcerting.

Seriously, “elite opinion” has been the driving force behind Bush’s failed policies? Since when? Reality shows the exact opposite — the policy experts have been warning everyone since Day One that Bush’s economic policy, his foreign policy, his environmental policy, his judicial policy, etc., are a disaster and a recipe for failure. In fact, Hillary Clinton has been citing these experts for years.

“Elite opinion” hasn’t been “behind policies that haven’t worked well for hard working Americans”; elite opinion has been pushing in the other direction. Bush hasn’t been operating with the support of policy experts; he’s been blowing off policy experts as liberal eggheads who think too much. And now Clinton appears ready to join him. I suspect by the end of the week, Clinton will be railing against “The Man” who’s always “trying to keep us down.”

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