Saturday, September 15, 2007

Phalanx v. legion

The rightwing "phalanx" on the Supremes (Roberts, Alito, Thomas, and Cardinal “Sharia” Scalia) is dissected here by Ronald Dworkin.

So how do you defeat a phalanx? (Hoping for some bad hearts, and hence short lifespans, obviously doesn’t apply here since these trolls on the court don't have hearts). Well, judging from some reading I've been doing about the end of the Hellenistic Age, what defeats the phalanx is the legion. Then it was the Roman legion, but now, obviously, I mean the legion of democracy.

What I mean is that the turn to the courts was a mistake, precisely because these hidebound institutions could so easily be subverted by the money power. Courts are traditionally conservative, after all, and through most of American history they have been the defenders of power, wealth, and the corporations. In our own age, mildly reformist courts rose during the last half of the 20th century, a tendency the old enemy has fought back against furiously. They've largely succeeded. Packing the courts with faithfully partisan and reactionary ogres has been rather easy since the Democrats have refused to filibuster this perversion.

So where is this legion? It is of course unpopular, if not incomprehensible, to discuss mass action (for instance, strikes and occupations to shut down the system down), and in many ways it has been outlawed (even labled "terrorism" in some cases), but how else will gain the world we want? By asking politicians for it? By asking lawyers to get it? I don't think so. I think we have to rise and raise hell and take it.

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