Author Topic: The Constitution in 2020?  (Read 4222 times)

tombogan03884

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The Constitution in 2020?
« on: July 27, 2009, 03:42:42 PM »
http://volokh.com/archives/archive_2009_07_26-2009_08_01.shtml#1248723176

A new book edited by Jack Balkin and Reva Siegel collects essays
   that envision a progressive constitution by 2020. The odd thing about
   the book is that the editors stipulate that Warren Court-style
   judicial activism is dead, while still insisting that a progressive
   constitution in eleven years is possible or even likely. Hence they
   and their contributors have the formidable task of imagining how a
   progressive constitution could emerge without judicial involvement or
   with limited judicial involvement, or even in the teeth of resistance
   by a right-wing supreme court. The upshot is that some contributors
   advocate judicial restraint so that courts will not block progressive
   legislation duly coughed up by legislatures a backhanded kind of
   progressivism if that counts as progressivism at all while others
   simply advocate progressive legislation of various flavors without
   saying much about the courts at all, hoping that this legislative
   activity will have constitutional implications. Others address a third
   way, but with mixed results. Adrian Vermeule and I wrote a review for
   The New Republic, which you can read here. Some of Balkin's blog
   posts on the book can be found here, here, and here.

   If there is any lesson of the last twenty-eight years of supreme court
   jurisprudence, it is that supreme court justices on left and
   right have no interest in judicial restraint. Certainly, they have no
   incentive to engage in restraint; no one of any importance advocates
   it. As Obama loads up the federal courts with liberals and especially
   if he has the chance to appoint a few more supreme court
   justices academics will need to supply the theories that rationalize
   their decisions, an agenda that is inconsistent with the premise of
   The Constitution in 2020. Young legal academics will flock to the
   standard even if Balkin and Siegel's contributors stick to their guns.
   The book is mistimed but that was an inevitable consequence of its
   whole conception. Balkin amusingly told NPR, "My view of the
   Supreme Court is sort of like the husband in the French farce¦. He's
   always the last to know." He thinks that the Court takes its lead from
   political developments including social movements. But a better
   candidate for the husband in the French farce is not the supreme court
   but the legal academy. Nothing to be ashamed of, but academics are
   thinkers, not prophets or even doers. The owl of Minerva takes flight
   at dusk.

References

   1.
http://www.amazon.com/Constitution-2020-Jack-Balkin/dp/0195387961/ref=sr_1_1?ie=UTF8&qid=1248722744&sr=8-1
   2. http://www.tnr.com/booksarts/story.html?id=957c4c80-e622-44de-a31d-745196448fa8
   3. http://balkin.blogspot.com/2009/05/constitution-in-2020-published-by.html
   4. http://balkin.blogspot.com/2009/06/supreme-court-as-husband-in-french.html
   5. http://balkin.blogspot.com/2009/05/return-of-liberal-constitutionalism.html
   6. http://balkin.blogspot.com/2009/06/supreme-court-as-husband-in-french.html

CJS3

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Re: The Constitution in 2020?
« Reply #1 on: July 27, 2009, 08:42:24 PM »
"progressive" is Socialism. Please be more precise.
Children, pets, and slaves are taken care of. Free Men take care of themselves.

twyacht

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Re: The Constitution in 2020?
« Reply #2 on: July 27, 2009, 09:03:49 PM »
The Constitution in 2020?

Wolverines!!!!!!

Young legal academics will flock to the
   standard even if Balkin and Siegel's contributors stick to their guns.

They won't be the only ones...
Thomas Jefferson: The strongest reason for the people to keep and bear arms is, as a last resort, to protect themselves against the tyranny of government. That is why our masters in Washington are so anxious to disarm us. They are not afraid of criminals. They are afraid of a populace which cannot be subdued by tyrants."
Col. Jeff Cooper.

tombogan03884

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Re: The Constitution in 2020?
« Reply #3 on: July 27, 2009, 10:13:04 PM »
"progressive" is Socialism. Please be more precise.

By then they will have achieved the Communist dream . Unless they are killed before hand.

PegLeg45

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Re: The Constitution in 2020?
« Reply #4 on: July 28, 2009, 12:16:24 AM »
By then they will have achieved the Communist dream . Unless they are killed before hand.

Tom, we'll need a lot of walls...........
"I expect perdition, I always have. I keep this building at my back, and several guns handy, in case perdition arrives in a form that's susceptible to bullets. I expect it will come in the disease form, though. I'm susceptible to diseases, and you can't shoot a damned disease." ~ Judge Roy Bean, Streets of Laredo

For the Patriots of this country, the Constitution is second only to the Bible for most. For those who love this country, but do not share my personal beliefs, it is their Bible. To them nothing comes before the Constitution of these United States of America. For this we are all labeled potential terrorists. ~ Dean Garrison

"When it comes to the enemy, just because they ain't pullin' a trigger, doesn't mean they ain't totin' ammo for those that are."~PegLeg

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Re: The Constitution in 2020?
« Reply #5 on: Today at 04:11:46 PM »

fightingquaker13

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Re: The Constitution in 2020?
« Reply #5 on: July 28, 2009, 06:30:40 AM »
"progressive" is Socialism. Please be more precise.
CJ
With all due respect, please write a letter to your history teachers and demand a refund. Also please define socialism. Please understand that I'm not a fan of socialism in any flavor being a Libertarian, but socialist does not necessarily equal marxist, anymore than conservative equals facist. The point of this little reality check is that the progessive movement in the US was made up of men as diverse as Clarence Darrow, Teddy Roosevelt, even Eugne Debs if you want a real (though non-marxist) socialist and William Jennings Bryan. I would reccomend Bryans "Cross of Gold" speech (something any history teacher worth their job would assign, as an example of what Proggresiveism (properly defined) was at the period of the turn of the century that gave it birth (again, I ain't a proggressive, I just hate hate ideologically motivated itellectual laziness). It's also a bit apt as the issues at play in the election of 1896, arguably the most important outside of 1932, 1860 and 1800 were exactly the the same ones we saw in 2008, only this time, McKinley lost. The good news is that this election isn't as important, but it still points to the fact that bumper sticker drive by politics, ignorant of history, are no one's friend. Sory CJ, but you are just wrong. Please read the speech that made Bryan the Democratic nominee and also remember that he was the religious right's poster boy who argued for the prosecution in the Scopes trial. You will also note his support of the income tax but opposition to what would become the fed. Likewise the arguments are all couched (genuinelly) in the name of us bitter God and guns folks. The point is that their is a lot more to American history than Rush or Michael Moore want you to know. If you haven't read the speech give it a go and understand it takes a couple of paragraphs before it gets serious. It should also start to look familiar to some of todays issues as well, but neither party addresses these points, instead, they are split amogst the two.
FQ13

William Jennings Bryan before the Democratic Convention, 1896

I would be presumptuous, indeed, to present myself against the distinguished gentlemen to whom you have listened if this were but a measuring of ability; but this is not a contest among persons. The humblest citizen in all the land when clad in the armor of a righteous cause is stronger than all the whole hosts of error that they can bring. I come to speak to you in defense of a cause as holy as the cause of liberty—the cause of humanity. When this debate is concluded, a motion will be made to lay upon the table the resolution offered in commendation of the administration and also the resolution in condemnation of the administration. I shall object to bringing this question down to a level of persons. The individual is but an atom; he is born, he acts, he dies; but principles are eternal; and this has been a contest of principle.

Never before in the history of this country has there been witnessed such a contest as that through which we have passed. Never before in the history of American politics has a great issue been fought out as this issue has been by the voters themselves.

On the 4th of March, 1895, a few Democrats, most of them members of Congress, issued an address to the Democrats of the nation asserting that the money question was the paramount issue of the hour; asserting also the right of a majority of the Democratic Party to control the position of the party on this paramount issue; concluding with the request that all believers in free coinage of silver in the Democratic Party should organize and take charge of and control the policy of the Democratic Party. Three months later, at Memphis, an organization was perfected, and the silver Democrats went forth openly and boldly and courageously proclaiming their belief and declaring that if successful they would crystallize in a platform the declaration which they had made; and then began the conflict with a zeal approaching the zeal which inspired the crusaders who followed Peter the Hermit. Our silver Democrats went forth from victory unto victory, until they are assembled now, not to discuss, not to debate, but to enter up the judgment rendered by the plain people of this country.

But in this contest, brother has been arrayed against brother, and father against son. The warmest ties of love and acquaintance and association have been disregarded. Old leaders have been cast aside when they refused to give expression to the sentiments of those whom they would lead, and new leaders have sprung up to give direction to this cause of freedom. Thus has the contest been waged, and we have assembled here under as binding and solemn instructions as were ever fastened upon the representatives of a people.

We do not come as individuals. Why, as individuals we might have been glad to compliment the gentleman from New York [Senator Hill], but we knew that the people for whom we speak would never be willing to put him in a position where he could thwart the will of the Democratic Party. I say it was not a question of persons; it was a question of principle; and it is not with gladness, my friends, that we find ourselves brought into conflict with those who are now arrayed on the other side. The gentleman who just preceded me [Governor Russell] spoke of the old state of Massachusetts. Let me assure him that not one person in all this convention entertains the least hostility to the people of the state of Massachusetts.

But we stand here representing people who are the equals before the law of the largest cities in the state of Massachusetts. When you come before us and tell us that we shall disturb your business interests, we reply that you have disturbed our business interests by your action. We say to you that you have made too limited in its application the definition of a businessman. The man who is employed for wages is as much a businessman as his employer. The attorney in a country town is as much a businessman as the corporation counsel in a great metropolis. The merchant at the crossroads store is as much a businessman as the merchant of New York. The farmer who goes forth in the morning and toils all day, begins in the spring and toils all summer, and by the application of brain and muscle to the natural resources of this country creates wealth, is as much a businessman as the man who goes upon the Board of Trade and bets upon the price of grain. The miners who go 1,000 feet into the earth or climb 2,000 feet upon the cliffs and bring forth from their hiding places the precious metals to be poured in the channels of trade are as much businessmen as the few financial magnates who in a backroom corner the money of the world.

We come to speak for this broader class of businessmen. Ah. my friends, we say not one word against those who live upon the Atlantic Coast; but those hardy pioneers who braved all the dangers of the wilderness, who have made the desert to blossom as the rose—those pioneers away out there, rearing their children near to nature’s heart, where they can mingle their voices with the voices of the birds—out there where they have erected schoolhouses for the education of their children and churches where they praise their Creator, and the cemeteries where sleep the ashes of their dead—are as deserving of the consideration of this party as any people in this country.

It is for these that we speak. We do not come as aggressors. Our war is not a war of conquest. We are fighting in the defense of our homes, our families, and posterity. We have petitioned, and our petitions have been scorned. We have entreated, and our entreaties have been disregarded. We have begged, and they have mocked when our calamity came.

We beg no longer; we entreat no more; we petition no more. We defy them!

The gentleman from Wisconsin has said he fears a Robespierre. My friend, in this land of the free you need fear no tyrant who will spring up from among the people. What we need is an Andrew Jackson to stand as Jackson stood, against the encroachments of aggregated wealth.

They tell us that this platform was made to catch votes. We reply to them that changing conditions make new issues; that the principles upon which rest Democracy are as everlasting as the hills; but that they must be applied to new conditions as they arise. Conditions have arisen and we are attempting to meet those conditions. They tell us that the income tax ought not to be brought in here; that is not a new idea. They criticize us for our criticism of the Supreme Court of the United States. My friends, we have made no criticism. We have simply called attention to what you know. If you want criticisms, read the dissenting opinions of the Court. That will give you criticisms.

They say we passed an unconstitutional law. I deny it. The income tax was not unconstitutional when it was passed. It was not unconstitutional when it went before the Supreme Court for the first time. It did not become unconstitutional until one judge changed his mind; and we cannot be expected to know when a judge will change his mind.

The income tax is a just law. It simply intends to put the burdens of government justly upon the backs of the people. I am in favor of an income tax. When I find a man who is not willing to pay his share of the burden of the government which protects him, I find a man who is unworthy to enjoy the blessings of a government like ours.

He says that we are opposing the national bank currency. It is true. If you will read what Thomas Benton said, you will find that he said that in searching history he could find but one parallel to Andrew Jackson. That was Cicero, who destroyed the conspiracies of Cataline and saved Rome. He did for Rome what Jackson did when he destroyed the bank conspiracy and saved America.

We say in our platform that we believe that the right to coin money and issue money is a function of government. We believe it. We believe it is a part of sovereignty and can no more with safety be delegated to private individuals than can the power to make penal statutes or levy laws for taxation.

Mr. Jefferson, who was once regarded as good Democratic authority, seems to have a different opinion from the gentleman who has addressed us on the part of the minority. Those who are opposed to this proposition tell us that the issue of paper money is a function of the bank and that the government ought to go out of the banking business. I stand with Jefferson rather than with them, and tell them, as he did, that the issue of money is a function of the government and that the banks should go out of the governing business.

They complain about the plank which declares against the life tenure in office. They have tried to strain it to mean that which it does not mean. What we oppose in that plank is the life tenure that is being built up in Washington which establishes an office-holding class and excludes from participation in the benefits the humbler members of our society. . . .

Let me call attention to two or three great things. The gentleman from New York says that he will propose an amendment providing that this change in our law shall not affect contracts which, according to the present laws, are made payable in gold. But if he means to say that we cannot change our monetary system without protecting those who have loaned money before the change was made, I want to ask him where, in law or in morals, he can find authority for not protecting the debtors when the act of 1873 was passed when he now insists that we must protect the creditor. He says he also wants to amend this platform so as to provide that if we fail to maintain the parity within a year that we will then suspend the coinage of silver. We reply that when we advocate a thing which we believe will be successful we are not compelled to raise a doubt as to our own sincerity by trying to show what we will do if we are wrong.

I ask him, if he will apply his logic to us, why he does not apply it to himself. He says that he wants this country to try to secure an international agreement. Why doesn’t he tell us what he is going to do if they fail to secure an international agreement. There is more reason for him to do that than for us to expect to fail to maintain the parity. They have tried for thirty years—thirty years—to secure an international agreement, and those are waiting for it most patiently who don’t want it at all.

Now, my friends, let me come to the great paramount issue. If they ask us here why it is we say more on the money question than we say upon the tariff question, I reply that if protection has slain its thousands the gold standard has slain its tens of thousands. If they ask us why we did not embody all these things in our platform which we believe, we reply to them that when we have restored the money of the Constitution, all other necessary reforms will be possible, and that until that is done there is no reform that can be accomplished.

Why is it that within three months such a change has come over the sentiments of the country? Three months ago, when it was confidently asserted that those who believed in the gold standard would frame our platforms and nominate our candidates, even the advocates of the gold standard did not think that we could elect a President; but they had good reasons for the suspicion, because there is scarcely a state here today asking for the gold standard that is not within the absolute control of the Republican Party.

But note the change. Mr. McKinley was nominated at St. Louis upon a platform that declared for the maintenance of the gold standard until it should be changed into bimetallism by an international agreement. Mr. McKinley was the most popular man among the Republicans ; and everybody three months ago in the Republican Party prophesied his election. How is it today? Why, that man who used to boast that he looked like Napoleon, that man shudders today when he thinks that he was nominated on the anniversary of the Battle of Waterloo. Not only that, but as he listens he can hear with ever increasing distinctness the sound of the waves as they beat upon the lonely shores of St. Helena.

Why this change? Ah, my friends. is not the change evident to anyone who will look at the matter? It is because no private character, however pure, no personal popularity, however great, can protect from the avenging wrath of an indignant people the man who will either declare that he is in favor of fastening the gold standard upon this people, or who is willing to surrender the right of self-government and place legislative control in the hands of foreign potentates and powers. . . .

We go forth confident that we shall win. Why? Because upon the paramount issue in this campaign there is not a spot of ground upon which the enemy will dare to challenge battle. Why, if they tell us that the gold standard is a good thing, we point to their platform and tell them that their platform pledges the party to get rid of a gold standard and substitute bimetallism. If the gold standard is a good thing, why try to get rid of it? If the gold standard, and I might call your attention to the fact that some of the very people who are in this convention today and who tell you that we ought to declare in favor of international bimetallism and thereby declare that the gold standard is wrong and that the principles of bimetallism are better—these very people four months ago were open and avowed advocates of the gold standard and telling us that we could not legislate two metals together even with all the world.

I want to suggest this truth, that if the gold standard is a good thing we ought to declare in favor of its retention and not in favor of abandoning it; and if the gold standard is a bad thing, why should we wait until some other nations are willing to help us to let it go?

Here is the line of battle. We care not upon which issue they force the fight. We are prepared to meet them on either issue or on both. If they tell us that the gold standard is the standard of civilization, we reply to them that this, the most enlightened of all nations of the earth, has never declared for a gold standard, and both the parties this year are declaring against it. If the gold standard is the standard of civilization, why, my friends, should we not have it? So if they come to meet us on that, we can present the history of our nation. More than that, we can tell them this, that they will search the pages of history in vain to find a single instance in which the common people of any land ever declared themselves in favor of a gold standard. They can find where the holders of fixed investments have.

Mr. Carlisle said in 1878 that this was a struggle between the idle holders of idle capital and the struggling masses who produce the wealth and pay the taxes of the country; and my friends, it is simply a question that we shall decide upon which side shall the Democratic Party fight. Upon the side of the idle holders of idle capital, or upon the side of the struggling masses? That is the question that the party must answer first; and then it must be answered by each individual hereafter. The sympathies of the Democratic Party, as described by the platform, are on the side of the struggling masses, who have ever been the foundation of the Democratic Party.

There are two ideas of government. There are those who believe that if you just legislate to make the well-to-do prosperous, that their prosperity will leak through on those below. The Democratic idea has been that if you legislate to make the masses prosperous their prosperity will find its way up and through every class that rests upon it.

You come to us and tell us that the great cities are in favor of the gold standard. I tell you that the great cities rest upon these broad and fertile prairies. Burn down your cities and leave our farms, and your cities will spring up again as if by magic. But destroy our farms and the grass will grow in the streets of every city in the country.

My friends, we shall declare that this nation is able to legislate for its own people on every question without waiting for the aid or consent of any other nation on earth, and upon that issue we expect to carry every single state in the Union.

I shall not slander the fair state of Massachusetts nor the state of New York by saying that when citizens are confronted with the proposition, “Is this nation able to attend to its own business?”—I will not slander either one by saying that the people of those states will declare our helpless impotency as a nation to attend to our own business. It is the issue of 1776 over again. Our ancestors, when but 3 million, had the courage to declare their political independence of every other nation upon earth. Shall we, their descendants, when we have grown to 70 million, declare that we are less independent than our forefathers? No, my friends, it will never be the judgment of this people. Therefore, we care not upon what lines the battle is fought. If they say bimetallism is good but we cannot have it till some nation helps us, we reply that, instead of having a gold standard because England has, we shall restore bimetallism, and then let England have bimetallism because the United States have.

If they dare to come out in the open field and defend the gold standard as a good thing, we shall fight them to the uttermost, having behind us the producing masses of the nation and the world. Having behind us the commercial interests and the laboring interests and all the toiling masses, we shall answer their demands for a gold standard by saying to them, you shall not press down upon the brow of labor this crown of thorns. You shall not crucify mankind upon a cross of gold.


Pathfinder

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Re: The Constitution in 2020?
« Reply #6 on: July 28, 2009, 06:48:15 AM »
FQ, I didn't even make it through your first paragraph. What a load of crap. Progressive is socialism. The organization formerly known as (IIRC) the Democratic Socialists of America (an amalgam of Federal and state politicos with strong socialist tendencies, like Hitlery, Jesse Jackson Jr., Bobby Rush, and most of the other usual suspects) formally changed their name to the Progressive Party. The guy who started and ran Progressive Insurance - and made tons of money in the meantime like a good capitalist - is way left-wing, i.e., a socialist.

The key to socialism is gummint control over the private sector. This is what the progressives want because control = power. Just today, Bawney Fwank is reported to have presented a bill that will expand the Federal gummint's control over the financial industry's compensations - "banning salaries and bonuses that encourage what the government considers "inappropriate risk." The gummint will decide - after they vote themselves an increase in salary and perks of course. That is why we are heading toward a socialist oligarchy ala Orwell's 1984 with layers of privileges. The elites will have the most, us peons will be the proles with few.

This is not the American Way, and to hell with Debs and Bryan and Fwanks and all of the other socialists. This is a no-shrug issue. It is about Life, Liberty and the Pursuit of happiness. Pursuit, it is not guaranteed happiness, but as long as liberty is there (which it is not in increasing stages these days), you at least have a chance. Millions died for that chance, it is a shame you so willingly and easily ignore that fact.

Read your effing history FQ, and start with the American basics, not the oddball socialists like Debs, Bryan and others.
"I won't be wronged, I won't be insulted, I won't be laid a hand on. I don't do this to others and I require the same from them"

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fightingquaker13

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Re: The Constitution in 2020?
« Reply #7 on: July 28, 2009, 07:07:36 AM »
FQ, I didn't even make it through your first paragraph. What a load of crap.......(major cut)....Read your effing history FQ, and start with the American basics, not the oddball socialists like Debs, Bryan and others.
Path, if you READ my posts, rather than just assuming (would it be cruel to quote myself from the above post "(again, I ain't a proggressive, I just hate hate ideologically motivated itellectual laziness)" probably, but you deserve it on this one. 8); you will note that not once but but twice did I say I wasn't a proggessive. The point is, that idiots of both parties try to make American political history black and white and assume that ideology is static when it changes drastically over decades. Picture Pat Robertson as in favor of national health care or Pelosi as pro-life and that's what you had at the turn of the last century. As far as the speech, read it. Eat your spinach, its one of the most important summations of the city vs country, corporation vs small business, free trade vs protectionism arguements ever made in American politics.Issues that are particularly pertinant to NAFTA, WTO, illegal immigration etc. Doubt me? Google Cross of Gold and see what you get. Here' a quote for a good Dakota Boy:

You come to us and tell us that the great cities are in favor of the gold standard. I tell you that the great cities rest upon these broad and fertile prairies. Burn down your cities and leave our farms, and your cities will spring up again as if by magic. But destroy our farms and the grass will grow in the streets of every city in the country.


Just sayin'. ;)
FQ13

tombogan03884

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Re: The Constitution in 2020?
« Reply #8 on: July 28, 2009, 01:59:46 PM »
 From reading the first line FQ it is you who should get a refund, I don't have time to read or reply now but I will get back to it.

tombogan03884

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Re: The Constitution in 2020?
« Reply #9 on: July 28, 2009, 04:36:52 PM »
This is such a long post that in order to maintain continuity (and my train of thought, oh, look, a butterfly .  ) I will insert my comments into the quoted text.

 author=fightingquaker13 link=topic=8036.msg102456#msg102456 date=1248780640]
CJ
With all due respect, please write a letter to your history teachers and demand a refund. Also please define socialism. Please understand that I'm not a fan of socialism in any flavor being a Libertarian, but socialist does not necessarily equal Marxist, anymore than conservative equals facist. ( WRONG, Both Socialism and Fascism are totalitarian, (Thats why the Nazi's were "NATIONAL SOCIALISTS", while the Soviet Union claimed primacy as "INTERNATIONAL SOCIALISTS", while Conservative policies can be followed under ANY type of Govt. http://www.merriam-webster.com/dictionary/socialist       so·cial·ist Listen to the pronunciation of socialist
Pronunciation:
    \ˈsō-sh(ə-)list\
Function:
    noun
Date:
    1827

1: one who advocates or practices socialism2capitalized : a member of a party or political group advocating socialism  
http://www.britannica.com/EBchecked/topic/551569/socialism
socialism
 
Overview

System of social organization in which private property and the distribution of income are subject to social control; also, the political movements aimed at putting that system into practice.

Because “social control” may be interpreted in widely diverging ways, socialism ranges from statist to libertarian, from Marxist to liberal. The term was first used to describe the doctrines of Charles Fourier, Henri de Saint-Simon, and Robert Owen, who emphasized noncoercive communities of people working noncompetitively for the spiritual and physical well-being of all (see utopian socialism). Karl Marx and Friedrich Engels, seeing socialism as a transition state between capitalism and communism, appropriated what they found useful in socialist movements to develop their “scientific socialism.” In the 20th century, the Soviet Union was the principal model of strictly centralized socialism, while Sweden and Denmark were well-known for their noncommunist socialism.)

The point of this little reality check is that the progessive movement in the US was made up of men as diverse as Clarence Darrow, Teddy Roosevelt, even Eugne Debs if you want a real (though non-marxist) socialist and William Jennings Bryan. I would reccomend Bryans "Cross of Gold" speech (something any history teacher worth their job would assign, as an example of what Proggresiveism (properly defined) (Following that idea, of taking America off real (intrinsic value) money lowered confidence in the currency extending and deepening the Great depression and paving the way for inflation )
was at the period of the turn of the century that gave it birth (again, I ain't a proggressive, I just hate hate ideologically motivated itellectual laziness). It's also a bit apt as the issues at play in the election of 1896, arguably the most important outside of 1932, 1860 and 1800 were exactly the the same ones we saw in 2008, only this time, McKinley lost. The good news is that this election isn't as important, but it still points to the fact that bumper sticker drive by politics, ignorant of history, are no one's friend. Sory CJ, but you are just wrong.( FQ, YOU ARE WRONG, While "progressivists" may in fact be a SUB SET of Socialism, The term "Progressive" has been used as a euphimism for Socialits and Communists since the 1800's ,  Marx ,Lenin, Stalin, Khrushchev and Breznyev all referred to members of the world Marxist movement as "Progressive elements in society",  ) "PPlease read the speech that made Bryan the Democratic nominee and also remember that he was the religious right's poster boy who argued for the prosecution in the Scopes trial. You will also note his support of the income tax but opposition to what would become the fed. Likewise the arguments are all couched (genuinelly) in the name of us bitter God and guns folks. The point is that their is a lot more to American history than Rush or Michael Moore want you to know. If you haven't read the speech give it a go and understand it takes a couple of paragraphs before it gets serious. It should also start to look familiar to some of todays issues as well, but neither party addresses these points, instead, they are split amogst the two.
FQ13

William Jennings Bryan before the Democratic Convention, 1896

I would be presumptuous, indeed, to present myself against the distinguished gentlemen to whom you have listened if this were but a measuring of ability; but this is not a contest among persons. The humblest citizen in all the land when clad in the armor of a righteous cause is stronger than all the whole hosts of error that they can bring. I come to speak to you in defense of a cause as holy as the cause of liberty—the cause of humanity. When this debate is concluded, a motion will be made to lay upon the table the resolution offered in commendation of the administration and also the resolution in condemnation of the administration. I shall object to bringing this question down to a level of persons. The individual is but an atom; he is born, he acts, he dies; but principles are eternal; and this has been a contest of principle.

Never before in the history of this country has there been witnessed such a contest as that through which we have passed. Never before in the history of American politics has a great issue been fought out as this issue has been by the voters themselves.

On the 4th of March, 1895, a few Democrats, most of them members of Congress, issued an address to the Democrats of the nation asserting that the money question was the paramount issue of the hour; asserting also the right of a majority of the Democratic Party to control the position of the party on this paramount issue; concluding with the request that all believers in free coinage of silver in the Democratic Party should organize and take charge of and control the policy of the Democratic Party. Three months later, at Memphis, an organization was perfected, and the silver Democrats went forth openly and boldly and courageously proclaiming their belief and declaring that if successful they would crystallize in a platform the declaration which they had made; and then began the conflict with a zeal approaching the zeal which inspired the crusaders who followed Peter the Hermit. Our silver Democrats went forth from victory unto victory, until they are assembled now, not to discuss, not to debate, but to enter up the judgment rendered by the plain people of this country.

But in this contest, brother has been arrayed against brother, and father against son. The warmest ties of love and acquaintance and association have been disregarded. Old leaders have been cast aside when they refused to give expression to the sentiments of those whom they would lead, and new leaders have sprung up to give direction to this cause of freedom. Thus has the contest been waged, and we have assembled here under as binding and solemn instructions as were ever fastened upon the representatives of a people.

We do not come as individuals. Why, as individuals we might have been glad to compliment the gentleman from New York [Senator Hill], but we knew that the people for whom we speak would never be willing to put him in a position where he could thwart the will of the Democratic Party. I say it was not a question of persons; it was a question of principle; and it is not with gladness, my friends, that we find ourselves brought into conflict with those who are now arrayed on the other side. The gentleman who just preceded me [Governor Russell] spoke of the old state of Massachusetts. Let me assure him that not one person in all this convention entertains the least hostility to the people of the state of Massachusetts.

But we stand here representing people who are the equals before the law of the largest cities in the state of Massachusetts. When you come before us and tell us that we shall disturb your business interests, we reply that you have disturbed our business interests by your action. We say to you that you have made too limited in its application the definition of a businessman. The man who is employed for wages is as much a businessman as his employer. The attorney in a country town is as much a businessman as the corporation counsel in a great metropolis. The merchant at the crossroads store is as much a businessman as the merchant of New York. The farmer who goes forth in the morning and toils all day, begins in the spring and toils all summer, and by the application of brain and muscle to the natural resources of this country creates wealth, is as much a businessman as the man who goes upon the Board of Trade and bets upon the price of grain. The miners who go 1,000 feet into the earth or climb 2,000 feet upon the cliffs and bring forth from their hiding places the precious metals to be poured in the channels of trade are as much businessmen as the few financial magnates who in a backroom corner the money of the world.

We come to speak for this broader class of businessmen. Ah. my friends, we say not one word against those who live upon the Atlantic Coast; but those hardy pioneers who braved all the dangers of the wilderness, who have made the desert to blossom as the rose—those pioneers away out there, rearing their children near to nature’s heart, where they can mingle their voices with the voices of the birds—out there where they have erected schoolhouses for the education of their children and churches where they praise their Creator, and the cemeteries where sleep the ashes of their dead—are as deserving of the consideration of this party as any people in this country.

It is for these that we speak. We do not come as aggressors. Our war is not a war of conquest. We are fighting in the defense of our homes, our families, and posterity. We have petitioned, and our petitions have been scorned. We have entreated, and our entreaties have been disregarded. We have begged, and they have mocked when our calamity came.

We beg no longer; we entreat no more; we petition no more. We defy them!

The gentleman from Wisconsin has said he fears a Robespierre. My friend, in this land of the free you need fear no tyrant who will spring up from among the people. What we need is an Andrew Jackson to stand as Jackson stood, against the encroachments of aggregated wealth.

They tell us that this platform was made to catch votes. We reply to them that changing conditions make new issues; that the principles upon which rest Democracy are as everlasting as the hills; but that they must be applied to new conditions as they arise. Conditions have arisen and we are attempting to meet those conditions. They tell us that the income tax ought not to be brought in here; that is not a new idea. They criticize us for our criticism of the Supreme Court of the United States. My friends, we have made no criticism. We have simply called attention to what you know. If you want criticisms, read the dissenting opinions of the Court. That will give you criticisms.

They say we passed an unconstitutional law. I deny it. The income tax was not unconstitutional when it was passed. It was not unconstitutional when it went before the Supreme Court for the first time. It did not become unconstitutional until one judge changed his mind; and we cannot be expected to know when a judge will change his mind.

The income tax is a just law. It simply intends to put the burdens of government justly upon the backs of the people. I am in favor of an income tax. When I find a man who is not willing to pay his share of the burden of the government which protects him, I find a man who is unworthy to enjoy the blessings of a government like ours.

He says that we are opposing the national bank currency. It is true. If you will read what Thomas Benton said, you will find that he said that in searching history he could find but one parallel to Andrew Jackson. That was Cicero, who destroyed the conspiracies of Cataline and saved Rome. He did for Rome what Jackson did when he destroyed the bank conspiracy and saved America.

We say in our platform that we believe that the right to coin money and issue money is a function of government. We believe it. We believe it is a part of sovereignty and can no more with safety be delegated to private individuals than can the power to make penal statutes or levy laws for taxation.

Mr. Jefferson, who was once regarded as good Democratic authority, seems to have a different opinion from the gentleman who has addressed us on the part of the minority. Those who are opposed to this proposition tell us that the issue of paper money is a function of the bank and that the government ought to go out of the banking business. I stand with Jefferson rather than with them, and tell them, as he did, that the issue of money is a function of the government and that the banks should go out of the governing business.

They complain about the plank which declares against the life tenure in office. They have tried to strain it to mean that which it does not mean. What we oppose in that plank is the life tenure that is being built up in Washington which establishes an office-holding class and excludes from participation in the benefits the humbler members of our society. . . .

Let me call attention to two or three great things. The gentleman from New York says that he will propose an amendment providing that this change in our law shall not affect contracts which, according to the present laws, are made payable in gold. But if he means to say that we cannot change our monetary system without protecting those who have loaned money before the change was made, I want to ask him where, in law or in morals, he can find authority for not protecting the debtors when the act of 1873 was passed when he now insists that we must protect the creditor. He says he also wants to amend this platform so as to provide that if we fail to maintain the parity within a year that we will then suspend the coinage of silver. We reply that when we advocate a thing which we believe will be successful we are not compelled to raise a doubt as to our own sincerity by trying to show what we will do if we are wrong.

I ask him, if he will apply his logic to us, why he does not apply it to himself. He says that he wants this country to try to secure an international agreement. Why doesn’t he tell us what he is going to do if they fail to secure an international agreement. There is more reason for him to do that than for us to expect to fail to maintain the parity. They have tried for thirty years—thirty years—to secure an international agreement, and those are waiting for it most patiently who don’t want it at all.

Now, my friends, let me come to the great paramount issue. If they ask us here why it is we say more on the money question than we say upon the tariff question, I reply that if protection has slain its thousands the gold standard has slain its tens of thousands. If they ask us why we did not embody all these things in our platform which we believe, we reply to them that when we have restored the money of the Constitution, all other necessary reforms will be possible, and that until that is done there is no reform that can be accomplished.

Why is it that within three months such a change has come over the sentiments of the country? Three months ago, when it was confidently asserted that those who believed in the gold standard would frame our platforms and nominate our candidates, even the advocates of the gold standard did not think that we could elect a President; but they had good reasons for the suspicion, because there is scarcely a state here today asking for the gold standard that is not within the absolute control of the Republican Party.

But note the change. Mr. McKinley was nominated at St. Louis upon a platform that declared for the maintenance of the gold standard until it should be changed into bimetallism by an international agreement. Mr. McKinley was the most popular man among the Republicans ; and everybody three months ago in the Republican Party prophesied his election. How is it today? Why, that man who used to boast that he looked like Napoleon, that man shudders today when he thinks that he was nominated on the anniversary of the Battle of Waterloo. Not only that, but as he listens he can hear with ever increasing distinctness the sound of the waves as they beat upon the lonely shores of St. Helena.

Why this change? Ah, my friends. is not the change evident to anyone who will look at the matter? It is because no private character, however pure, no personal popularity, however great, can protect from the avenging wrath of an indignant people the man who will either declare that he is in favor of fastening the gold standard upon this people, or who is willing to surrender the right of self-government and place legislative control in the hands of foreign potentates and powers. . . .

We go forth confident that we shall win. Why? Because upon the paramount issue in this campaign there is not a spot of ground upon which the enemy will dare to challenge battle. Why, if they tell us that the gold standard is a good thing, we point to their platform and tell them that their platform pledges the party to get rid of a gold standard and substitute bimetallism. If the gold standard is a good thing, why try to get rid of it? If the gold standard, and I might call your attention to the fact that some of the very people who are in this convention today and who tell you that we ought to declare in favor of international bimetallism and thereby declare that the gold standard is wrong and that the principles of bimetallism are better—these very people four months ago were open and avowed advocates of the gold standard and telling us that we could not legislate two metals together even with all the world.

I want to suggest this truth, that if the gold standard is a good thing we ought to declare in favor of its retention and not in favor of abandoning it; and if the gold standard is a bad thing, why should we wait until some other nations are willing to help us to let it go?

Here is the line of battle. We care not upon which issue they force the fight. We are prepared to meet them on either issue or on both. If they tell us that the gold standard is the standard of civilization, we reply to them that this, the most enlightened of all nations of the earth, has never declared for a gold standard, and both the parties this year are declaring against it. If the gold standard is the standard of civilization, why, my friends, should we not have it? So if they come to meet us on that, we can present the history of our nation. More than that, we can tell them this, that they will search the pages of history in vain to find a single instance in which the common people of any land ever declared themselves in favor of a gold standard. They can find where the holders of fixed investments have.

Mr. Carlisle said in 1878 that this was a struggle between the idle holders of idle capital and the struggling masses who produce the wealth and pay the taxes of the country; and my friends, it is simply a question that we shall decide upon which side shall the Democratic Party fight. Upon the side of the idle holders of idle capital, or upon the side of the struggling masses? That is the question that the party must answer first; and then it must be answered by each individual hereafter. The sympathies of the Democratic Party, as described by the platform, are on the side of the struggling masses, who have ever been the foundation of the Democratic Party.

There are two ideas of government. There are those who believe that if you just legislate to make the well-to-do prosperous, that their prosperity will leak through on those below. The Democratic idea has been that if you legislate to make the masses prosperous their prosperity will find its way up and through every class that rests upon it.

You come to us and tell us that the great cities are in favor of the gold standard. I tell you that the great cities rest upon these broad and fertile prairies. Burn down your cities and leave our farms, and your cities will spring up again as if by magic. But destroy our farms and the grass will grow in the streets of every city in the country.

My friends, we shall declare that this nation is able to legislate for its own people on every question without waiting for the aid or consent of any other nation on earth, and upon that issue we expect to carry every single state in the Union.

I shall not slander the fair state of Massachusetts nor the state of New York by saying that when citizens are confronted with the proposition, “Is this nation able to attend to its own business?”—I will not slander either one by saying that the people of those states will declare our helpless impotency as a nation to attend to our own business. It is the issue of 1776 over again. Our ancestors, when but 3 million, had the courage to declare their political independence of every other nation upon earth. Shall we, their descendants, when we have grown to 70 million, declare that we are less independent than our forefathers? No, my friends, it will never be the judgment of this people. Therefore, we care not upon what lines the battle is fought. If they say bimetallism is good but we cannot have it till some nation helps us, we reply that, instead of having a gold standard because England has, we shall restore bimetallism, and then let England have bimetallism because the United States have.

If they dare to come out in the open field and defend the gold standard as a good thing, we shall fight them to the uttermost, having behind us the producing masses of the nation and the world. Having behind us the commercial interests and the laboring interests and all the toiling masses, we shall answer their demands for a gold standard by saying to them, you shall not press down upon the brow of labor this crown of thorns. You shall not crucify mankind upon a cross of gold.

(It is worth noting that despite the way it's meaning was twisted later to justify Fiat money by FDR, This speech does NOT call for unsupported currency, but for the currency to be backed by Silver OR Gold. It is also worth noting that with exception of this one speech he ran such a lackluster campaign that he was beaten  1896, By McKinley 271 - 176 Again in 1900 292 - 155, and in 1908 he lost to William Howard Taft by a humiliating  321 - 162  His later career was capped by being made a fool of by Clarence Darrow during the "Scopes Monkey trial   http://en.wikipedia.org/wiki/William_Jennings_Bryan)

After thought, Cross of Gold,  Another cheap bumper sticker slogan    ::)

 

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